Terms & Conditions
Last Updated: 28th January 2022
The Show is a music-based reality competition series owned,controlled, and managed by Qyuki and proposed to be exhibited on the interneton YouTube, the platform operated by Google LLC and its affiliates("Exhibitor"). For the purpose of the Show, Qyukishall conduct an online audition for the general public at large ("User/ Participants", hereinafter the "users/creators/artists/" participants shall bereferred to as "you"/ "your"/"user"/ "creator" depending upon the context) inthe manner set out below ("Auditions").
By submitting an Audition Video (definedbelow) for the Auditions, it is implied that the User has read theseTerms and agree to be bound by the same and all terms incorporated by reference.User further represents and warrants that You are at least 18 (eighteen) yearsof age or above.
1. GENERAL; SCOPE OF SERVICES
2.1 General:Subject to the terms and conditions herein, the Website and/or the servicesprovided by the Company may enable users to access certain features,functionality, information, and services provided by us, which may include,without limitation, providing users with the ability to access and view certainaudio-visual content (including, without limitation, video, and audio content).
2.2 Eligibilityfor participation in the Auditions
2.2.1 Entry forthe Show is open to all individuals who are residents of India who are aged atleast 18 (eighteen) years or above. Qyuki reserves the right to request forsufficient documentary proof to establish that the Participant meets theaforesaid eligibility criteria. NO PURCHASE IS NECESSARY TO ENTER ORPARTICIPATE IN THE SHOW.
2.2.2 NoParticipant who is, in any manner connected and/or associated with Qyuki,Exhibitor or sponsors of the Show will be permitted to participate in the Show.Accordingly, any management personnel of Qyuki, employees, directors andcontractors of Qyuki, the Exhibitor, any sponsors of the Show, partners, itsrelated entities and other agencies, firms or companies associated with thepromotion (including suppliers of jobs) and business associates involved in anypart of the administration and execution of Show and their relative(s), includinga spouse, de-facto spouse, parent, guardian, child or sibling of the former areexpressly ineligible from participating in the Show.
2.2.3 In order tosubmit to the Audition for participating in the Show, the Participant mustcreate a music entry video at the Participants sole cost and strictly inaccordance with these Terms ("Audition Video").
2.2.4 TheParticipant(s) should be of sound mind and health and must not be disqualifiedby law or have any criminal record.
2.2.5 TheParticipant can submit only one entry for the Show with a single singing video.
3.1 Companyreserves the right at any time and from time to time to modify or discontinue,temporarily or permanently, the Show and/ or any of the services (or any partthereof) offered through the Website or the design and functionality of theWebsite, with or without notice and/or reason(s) to the Users. the Users agreethat Company shall not be liable either to the Users or to any third party forany modification, suspension or discontinuance of the Show and/ or any of theservices including without limitation any failure of performance, error,omission, interruption, deletion, loss of information, defect, delay inoperation or transmission, communications line failure, theft or destruction orunauthorized access to, alteration of, or use of records, whether for breach ofcontract, tortuous actions, negligence, or under any other cause or action. Itshall be the sole liability of the Users/ Participants to keep themselvesupdated regarding the modifications, as mentioned hereinabove.
4. BRANDRESPONSIBILITIES AND UNDERTAKINGS
4.1 Brands(Brands) engaging with the Company in relation with the Show as and by meansof sponsorships, hereby undertake the following:
4.1.1 The Brandowns and exercises all rights and permissions to operate their respectiveplatform and/or promote their respective goods and services,as the case may be.
4.1.2 The use ofthe Brands platform is compliant with all Applicable Laws, rules andregulations contained herein, in particular theInformation Technology Act, 2000 and the Rules made thereunder.
4.1.3 The Brandhas validly procured the necessary licenses and permissions to operate itsplatform and that such licenses shall remain valid and subsisting during itsassociation with the Company and the Show.
4.1.4 The Brandhas and will and all times make best efforts to maintain valid licenses andpermissions from the respective rights-holders in respect of any third-partyintellectual property that forms part of the Brands platform, specificallythose form of any intellectual property that aid creators in creating contenton the Brands platform in the manner permitted by the platform.
4.1.6 The Brandshall ensure that its platform (i.e., website and/or mobile app) is at all times compliant with the Applicable Laws and appstore guidelines/policies on which the Brands platform shall be available fordownload.
4.1.7 The Brandshall implement adequate mechanisms to ensure that the content created by thecreators/artists affiliated/nominated/promoted by the Company on the Show orotherwise, is not exploited by any third-party outside of the Brands platformin any way, manner, or form.
5.1 You aresolely responsible for your conduct on and in connection with the Website andparticipation in the Show by sharing their Video Auditions as organized by theCompany. We want to keep the Website safe for everyone and the use of theWebsite for unlawful or harmful activities is not allowed. You represent,warrant, and agree that, while using the Website in relation to uploading content or filling out participation forms, theUser shall not:
5.1.1 intentionallyor unintentionally engage in or encourage conduct that would violate anyapplicable local, state, national or international law, rule, regulation,judicial or government order or treaty or give rise to civil liability orviolate or infringe upon any intellectual property, proprietary, privacy,moral, publicity or other rights of the Company, the Show or of any otherperson or entity;
5.1.2 submit,post, email, display, transmit or otherwise make available on, through or inconnection with the Website and/or Show, any material or take any action thatis or is likely to be unlawful, harmful, threatening, abusive, tortious,defamatory, libellous, deceptive, fraudulent, invasive of anothers privacy orpublicity rights, harassing, profane, obscene, vulgar or that contains explicitor graphic imagery, descriptions or accounts of excessive violence or sexualacts (including, without limitation, sexual language of a violent orthreatening nature directed at another individual or group of individuals),contains a link to an adult website or is offensive, promotes racism, bigotry,hatred or physical harm of any kind against any group or individual;
5.1.3 submit,post, email, display, transmit or otherwise make available on, through or inconnection with the Website/ Show any content or any material that the Userdoes not have a right to make available under any law, rule or regulation orunder contractual or fiduciary relationships (such as intellectual propertyrights, inside information, proprietary or confidential information learned ordisclosed as part of employment relationships or under nondisclosureagreements), or otherwise creates a security or privacy risk for any otherperson or entity;
5.1.4 intentionallyor unintentionally engage in or encourage conduct that adversely affects, orreflects negatively on, the Company, the Show, the Companys goodwill, name, orreputation or causes duress, distress or discomfort to us or anyone else, ordiscourages any person or entity from using all or any portion, features, orfunctions of the Website, or from advertising, linking, or becoming a partnerto us in connection with the Website;
5.1.5 submit,post, email, display, transmit or otherwise make available on, through or inconnection with the Show and/or the content uploaded or any material that containsa software virus, worm, spyware, Trojan horse or other computer code, file orprogram designed to interrupt, impair, destroy, or limit the functionality ofany computer software or hardware or telecommunications equipment;
5.1.6 use theWebsite for unauthorised commercial or business purposes, including, withoutlimitation, advertising, marketing, or offering goods or services or exploitinginformation or material obtained on, through or in connection with the Show,whether or not for financial or any other form of compensation or throughlinking with another website or web page;
5.1.7 modify,disrupt, impair, alter, or interfere with the use, features, function,operation or maintenance of the Website or the rights or use or enjoyment ofthe Website or the services provided by the Company, by any other User;
5.1.8 impersonateany person or entity, including, without limitation, a Company official, orfalsely state or otherwise represent your affiliation with any person orentity, or transmit or otherwise make available on, through,or in connection with the Website false or misleading indications of origin,information, or statements of fact;
5.1.9 forgeheaders or otherwise manipulate identifiers in order to disguise the origin ofany content transmitted on, through or in connection with the Website;
5.1.10 solicitpasswords or personal identifying information for commercial or unlawfulpurposes from other users, solicit users for commercial or unlawful purposes,or engage in spamming, flooding, harvesting of email addresses or otherpersonal information, spidering, screen scraping,, phishing, databasescraping, or any other activity with the purposes of obtaining lists of usersor other information; or use or launch any automated systems, including,without limitation, spiders, robots, or offline readers, that access theWebsite and/or the services provided by the Company, in a manner that sendsmore request messages to the Company servers in one given period of time than ahuman being can reasonably send in the same period of time by using aconventional online web browser;
5.1.11 copy,replicate, modify, distribute, display, perform, create derivative works from,transfer or sell any information, software, products, or services obtained fromthe Website whether printed, visual, electronic, e-mail forwarding, digitaltransmission, scanned, website re-cycled or any other form of material exceptwhere expressly noted that the material is available for such purpose. As acondition of your use of the Website, you hereby warrant that you will not usethe Website for any purpose that is unlawful or prohibited by these Terms ofUse or otherwise;
5.1.12 knowingly orunknowingly be involved in activities that threaten the unity, integrity,defence, security or sovereignty of India, friendly relations with foreignStates, or public order, or causes incitement to the commission of anycognisable offence or prevents investigation of any offence or is insultingother nation;
5.1.13 infringe anypatent, trademark, copyright, or other proprietary rights;
5.1.14 violate anylaw for the time being in force including provisions of the InformationTechnology Act, 2000 and the rules and regulations framed thereunder includingbut not limited to Information Technology (Intermediary Guidelines and DigitalMedia Ethics Code) Rules, 2021.
6. PROPRIETARY RIGHTS
6.1 Ownership:As between the User and the Company, the Company owns, solely and exclusively,all right, title and interest in relation to the Show and the Website providedby it and all Company Content contained and/or made available on, through or inconnection therewith, and the Website is protected, without limitation, underthe applicable Indian laws, as well as applicable foreign laws, rules,regulations, and treaties. The term "Company Content" includes, withoutlimitation, all audio content, video content (and the sound recordings andmusical compositions embodied therein), artwork, photographs, illustrations,graphics, logos, copy, lyrics, text, computer code, data, user interfaces,visual interfaces, information, materials, and all copyrightable or otherwiselegally protectable elements of the Website, including, without limitation, thedesign, selection, sequence, look and feel, and arrangement of the Website, andany copyrights, trademarks, service marks, trade names, trade dress, patentrights, database rights and/or other intellectual property and/or proprietaryrights therein (including with respect to any content contained and/or madeavailable in any advertisements or information presented to you via theWebsite). Unless the context clearly requires otherwise or we explicitly setforth in writing, the term Website includes CompanyContent as well.
7. UPLOADINGOF CONTENT AND INFORMATION
The Company advises its Users to ensure that any and all content and information uploaded by any Userwhile using the Website is in compliance with and does not violate any of theprovisions of these Terms. The Company reserves the right to filter any and all content and information as shared with theCompany and any decisions of the Company in this regard and filtering of anycontent and information would be final and binding on the users of the Website.
8. USERREPRESENTATIONS AND WARRANTIES
The User acknowledges, represents, and warrants to theCompany as follows:
8.1 The Userwill be solely responsible for their use of the Website including content, materialand information posted, published, submitted, or otherwise disseminated by theUser through the Website or Partner Platforms. The User will use the Websitelegally and only for the purposes that it is intended to be used for.
8.3 You willbe fully responsible for your use of the Website of the Company.
8.4 Youacknowledge that the internet or the Companys systems, services and equipmentmay from time to time be inoperative in full or in part as aconsequence of but not limited to, mechanical breakdown, maintenance,hardware or software upgrades, any communication, connectivity problems orother facts beyond the control of Company. You acknowledge that Company willnot be held liable for any failure or inability to provide continuous, errorfree, uninterrupted services under these or any other circumstances.
10.1 The Companyshall not be responsible for interactions between users of the Website or beheld liable for any harm or damage you may experience because of theseinteractions. It is advisable for users to be responsible and take necessaryprecautions when interacting with other users.
10.2 We do notassume any liability with respect to any loss or damage, arising directly orindirectly due to any inaccuracy or incompleteness of any information or a breachof any warranty or guarantee due to the actions of any user in relation toWebsite, services provided by the Company.
10.3 The Websiteis provided on "as is" and "as available" basis without anyrepresentation or warranties, express or implied except otherwise specified inwriting. We do not warrant the quality of the Website including itsuninterrupted, timely, secure, or error-free provision or correction of anyerrors.
11.1 You agreeto indemnify and hold the Company and/or its affiliates, service providers,licensors, etc., and each of their officers, directors, employees, agents, andrepresentatives harmless from and against any claims, suits, proceedings,disputes, demand, liabilities, damages, losses, costs, and expenses (includingwithout limitation, reasonable legal and accounting fees) in any way related toor arising out of:
11.1.1 your accessto or use of the Website;
11.1.2 anyinformation, content, etc., uploaded by you in relation to the
11.1.4 infringementby you, or anyone using your account, of the intellectual property rights orother rights of any person or entity.
11.2 The Companyreserves the right, at your expense, to assume the exclusive defence andcontrol of any matter for which you are required to indemnify the Company andyou agree to cooperate with the Companys defence of these claims at yourexpense. You agree not to settle any matter for which you are required toindemnify us without our prior written consent in each case. The Company willuse all reasonable efforts to notify you of any such claim, action, orproceeding once we become aware of it. However, the failure of the Company tonotify would not affect your indemnification obligations under these Terms ofUse.
12. LINKS TOTHIRD PARTY SITES
12.1 The Websitemay contain hyperlinks to websites and Partner Platforms operated by partiesother than the Company. Such hyperlinks are provided for your reference only.Company does not control such websites and is not responsible for theircontents. Companys inclusion of hyperlinks to such websites does not imply anyendorsement of the material or content on such websites or any association withtheir operators.
12.2 Companyand/or its business partners may also present advertisements or promotional materialson or through the Website. Your participation in any promotional event issubject to the terms and conditions associated with that event. Your dealingswith, or participation in promotions of, any third-party advertisers on orthrough the Website would be solely between you and such third-party. Youhereby confirm and acknowledge that the Company shall not be responsible orliable for any loss or damage of any sort incurred as the result of any suchdealings or as the result of the presence of such third parties on thisWebsite.
13. INTERMEDIARYSTATUS AND GRIEVANCE OFFICER
13.1 We are anintermediary as defined under Applicable Laws (as defined in the PrivacyPolicy). These Terms are published in accordance with the provisions of Rule3(1) of the Information Technology (Intermediary Guidelines and Digital MediaEthics Code) Rules, 2021. Companys role is limited to providing services tocreators, artists and influencers who upload, share and display content throughPartner Platforms.
13.2 Companydoes not control what you or other people may or may not do on the Website oron Partner Platforms and are thus, not responsible for the consequences of suchactions (whether online or offline). Company is not responsible for servicesand features offered by others, even if you access them through our
13.3 Any and allcommunication relating to any data safety, privacy, Website concerns orgrievance experienced by the User may be communicated to Company by contactingour Grievance Officer, established in accordance with the Applicable Laws,using the contact details provided below:
Name: Nayona Roy
Address: Qyuki Digital Media Private Limited, 2nd Floor,Hari Niwas Building, 30th Cross Road, Bandra West, Mumbai 400050
Email Address: [email protected]
13.4 As requiredunder the Applicable Laws, the Grievance Officer shall acknowledge thecomplaint expeditiously and resolve the issue within a period of 15 (fifteen)days from the date of the receipt of the complaint.
13.5 Ouroperations are supported by a network of computers, cloud-based servers, andother infrastructure and information technology, including, but not limited to,third-party service providers. We and some of our subsidiaries and affiliates,servers, vendors, and service providers may not be located inyour jurisdiction.
14. TERMINATIONOF ACCESS
15.3 No Waiver.Failure or neglect by either party to exercise or enforce any right conferredshall not be deemed to be a waiver of any such right nor operate
15.6 Any rightsnot expressly granted herein are reserved.
Copyright ARRived. All rightsreserved.