This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.myinkmythoughts.com (hereinafter referred to as “Website”) and the mobile application myinkmythoughts (hereinafter referred to as “Application”) are owned by myinkmythoughts Solutions Private Limited a company incorporated under the Companies Act, 2013 with its registered office at 2nd Floor, House №54, Khirki Village, Malviya Nagar, Delhi — 110017 (hereinafter referred to as “myinkmythoughts”).
1. You must be at least 18 years old and of firm competence to contract to use the Service.
2. You are responsible for ensuring that in Your use of the Service, Your action or omission is not contrary to any law for the time being in force. You are not allowed to post violent, discriminatory, plagiarized, promotional, unlawful, infringing, trolling, hateful Content via the Service. For the purposes of clarity, Content refers to any data, text, information, usernames, works of authorship, links and other content or materials, including information that the User posts and/ or uploads on to the service, such as but not limited to the write-ups, photographs, graphics, videos, and any other information formats that may become shareable via the Service from time to time (collectively “Content”). You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information that –
a. belongs to another person and to which the user does not have any right to;
b. 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;
c. harms minors in any way;
d. infringes any patent, trademark, copyright or other proprietary rights;
e. violates any law for the time being in force;
f. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g. impersonate another person;
h. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
i. 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 any other nation.
3. You are responsible for any activity that occurs through Your account and You agree 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, myinkmythoughts prohibits the creation of and You agree that You will not create an account for anyone other than Yourself. You also represent that all information You provide or provided to myinkmythoughts upon registration (“Registration Data”) 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.
4. When You use the Service or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.
5. You agree that You will not solicit, collect or use the login credentials of other myinkmythoughts Users.
6. You must take responsibility for keeping Your username and password safe and secure.
7. 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. You are requested to maintain discretion before adding users on other social networking platforms or sharing phone numbers. myinkmythoughts shall not be responsible for any harassment the User suffers from other users on the Service, or any other platform(s). Please approach the support of those platforms and use the block feature on myinkmythoughts to disable them from interacting with You. You are responsible for any post related to self-harm that You post on the Service. myinkmythoughts is not liable for any injury or damage that occur either before, during or after Your use of the Service.
8. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to Your use of the Service and Your Content, including but not limited to, copyright laws.
9. You are solely responsible for Your conduct and Content that You post on myinkmythoughts.
10. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or not modify or alter the Service or modify another website so as to falsely imply that it is associated with myinkmythoughts.
11. You must not interfere or 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 myinkmythoughts’s page in a User’s browser or device is illegal.
12. You shall not create accounts on myinkmythoughts using unauthorised means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper is not allowed.
13. myinkmythoughts reserves the right to distribute Your Content posted on myinkmythoughts through its social media handles, with due credits to the User.
TERMS FOR BUSINESS PROFILES
In addition to the abovementioned terms, the following provisions are applicable with respect to Users who have linked their myinkmythoughts username to specific companies (“Business User”) organising challenges / competitions for participation by other myinkmythoughts users (“Challenges”) through the use of Our Service –
1. No tolerance for plagiarism
myinkmythoughts reserves the rights to conduct ourselves or engage an outside agency to conduct a plagiarism check on every post uploaded on our Service, including by a Business User, and myinkmythoughts also reserves the right to remove or disqualify such users from the Challenges or take any other appropriate action against such users involved in plagiarism.
2. Unique Hashtag Compulsory
Business Users that organise Challenges through myinkmythoughts shall come up with a unique hashtag to ensure ease of identifying the myinkmythoughts users participating in the particular challenge and also aid in short listing the winners.
3. Tagging myinkmythoughts in Features Mandatory
Company undertakes that myinkmythoughts shall be tagged while announcing the winners of the Challenges. It is also mandatory to tag myinkmythoughts on any other social media platforms (including, but not limited to Facebook, Instagram etc.) through which any such challenges are being promoted or any posts about such Challenges feature or any other post, including but not limited to, declaration of winner of the Challenge.
4. Your Social Media Link
myinkmythoughts shall allow Business Users to post promotional leads on their myinkmythoughts profile. The Business User is authorised to add links to its facebook page/ Instagram page/ Website links to its myinkmythoughts profile.
5. No pure promotional/marketing content
Content that promotes or markets the Business Users’ products, services or related aspects, including but not limited to asking users to send write-ups, follow Business Users’ social media handles etc. on quotes, is not permissible. The Business User can mention such promotional/ marketing Content in its bio/caption but not on quotes.
6. No Exploitation of the Platform
Exploitation includes spam commenting on users’ quotes to use their Content, posting external advertisements or asking users to submit their Content to the Business User outside of myinkmythoughts. Since myinkmythoughts promotes the Business User’s profile everyday without a charge, we expect the Business User to not take our platform for granted. We will ban the profiles that exploit Our platform and Services.
7. Purely Creative Challenges Allowed
The Challenges shall be purely creative in nature. Business Users shall come up with interesting Challenges that will engage the users thereby users shall continue following the Business User’s profile and participate more frequently in the companies challenges. The challenges should be not hateful, political or seek to crowdsource opinions.
8. Promotion Fee
myinkmythoughts shall charge a fee to let Business Users generate leads or acquire customers through advertisements/ branded wallpapers, provided the Business User’s promotions are not outright spam. Business Users may contact Us for pricing and more details at email@example.com.
1. myinkmythoughts reserves the right to alter or terminate the Service or Your access to the Service for any reason, without notice, at any time, and without any liability to You. You can deactivate Your myinkmythoughts account at your discretion. If We terminate Your access to the Service or You delete Your account, Your Content, including work, comments, likes, friendships, 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). However, we may archive certain information, including Personal Information, and retain it as we may be required to do in order to fulfil out legal obligations.
4. myinkmythoughts reserves the right to force forfeiture of any username, profile or account for any reason at any time.
5. myinkmythoughts 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 myinkmythoughts users on or off the Service. 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 myinkmythoughts users.
6. Your business dealings with third parties found on myinkmythoughts are solely between You and the third parties.
7. You take responsibility of any and all data charges that incur on using myinkmythoughts.
8. 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 myinkmythoughts’s express written consent).
3. myinkmythoughts has content that is owned by myinkmythoughts (“myinkmythoughts Content”) and is protected by copyright, trademark, patent, and other relevant laws. You will not modify, remove or conceal any copyright, trademark, service mark or any other proprietary rights notice that accompanies myinkmythoughts Content. You will not reproduce, modify, adapt, prepare derivative works based on, display, distribute, publish, transmit, sell, license or otherwise exploit the myinkmythoughts Content.
4. myinkmythoughts’s name and logo are trademarks of myinkmythoughts, 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 myinkmythoughts, and must not be copied or used, in whole or in part, without prior written permission from myinkmythoughts.
5. The Service may be interrupted for upgrades or scheduled maintenance, for emergency repairs, or due to failure of telecommunications links and/or equipment. myinkmythoughts reserves the right to remove Your Content from the Service without any reason, without any prior notice to You. Content removed from myinkmythoughts may be stored by us, but may not be accessed by You without a valid court order. myinkmythoughts 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.
7. 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/IP Infringements
1. You can report posts to protect Your intellectual property rights.
2. If You are caught in the act of infringing on other’s Content, we will disable Your account.
DISCLAIMER OF WARRANTIES
THE SERVICE, INCLUDING, WITHOUT LIMITATION, myinkmythoughts CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER myinkmythoughts NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “myinkmythoughts PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE myinkmythoughts CONTENT; © USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO myinkmythoughts OR VIA THE SERVICE. IN ADDITION, THE myinkmythoughts PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
myinkmythoughts PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES WILL myinkmythoughts PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) SERVICE; (B) myinkmythoughts CONTENT; © USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY myinkmythoughts PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF myinkmythoughts PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL myinkmythoughts PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF myinkmythoughts’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE myinkmythoughts PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY myinkmythoughts PARTIES.
myinkmythoughts IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
If you wish to register a complaint regarding X, you may do so by sending an email to firstname.lastname@example.org. Your email will be acknowledged by a system generated response, or via an individual manual email to the extent possible, within 24 hours of us having received it. You will be kept informed of the progress we make in redressing your complaint and/ or the reasons for delay, if any, in such redressal.