TERMS OF USE AGREEMENT




These are the official Terms of Use Agreement ("Agreement") for the use of the website http://www.smartican.com (“Smartican”, "Site," "we," "us," or "our"), owned by Smartican. This Agreement governs Smartican’s relationship with the users or others (“you”) who interact with Smartican. This Agreement governs only the content, features, and activities related to and created by this Site and does not cover other websites of the Smartican, its subsidiaries and its affiliates, or for any other Smartican, unless specifically stated and further these terms and conditions are to be construed in accordance with the Laws of India and subject to the exclusive jurisdiction of the Courts at Mumbai.

If you are not yet 13 years old or the required greater age for certain features, or do not meet any other eligibility requirements, please discontinue using the Site immediately or, if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately, because by using or attempting to use the Site, you certify that you are at least 13 years of age or other required greater age for certain features, that you meet any other eligibility requirements of the Site contained herein and further as and where required by local laws retain all required permissions from your parents/guardians in respect of such use.

This Agreement regarding your use of the Site constitutes a legally binding agreement between you and the Smartican. In this Agreement, the term "Site" includes all websites and web pages within the Site as well as any equivalent, mirror, replacement, substitute or backup websites and web pages that are associated with the Site. By virtue of your use of Smartican, you express consent to, agreement with, and understanding of these terms and agree to be bound by the terms of this Agreement and any additional terms that govern certain products and services, which will be presented in conjunction with those products and services ("Additional Terms"). The Site may also provide rules of participation ("Rules") for certain activities and services including, but not limited to, contests, award programs, membership clubs, and email. The Site's Additional Terms, the Rules and Data Use Policy (posted below) are hereby incorporated in this Agreement by reference. To the extent that if there is a conflict between this Agreement and Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern. To the extent that if there is a conflict between this Agreement and the specific Rules for the activity in which you choose to participate, the Rules shall govern. Further, this Agreement with the incorporated Additional Terms, the Rules and the Data Use Policy (posted below) are subject to such modifications and amendments as required by Smartican from time to time which shall be accordingly updated and posted on the Site and such modifications and amendments shall be deemed to be binding on any/all users (whether registered or unregistered). This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement, the Data Use Policy and any Additional Terms and/or Rules, including any indemnifications, warranties and limitations of liability.

The words "use" or "using" in this Agreement, means any time an individual [a "user"(whether registered or unregistered) or any third party user], directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages.



REGISTRATION


We require each user to have a unique user name and password combination in order to access and use certain features or functions of the Site and may also, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of the Site. Please read our Data Use Policy (posted below), which describes the personally identifiable information ("Personal Information") we collect, use, disclose, manage and store. As part of the registration process for the feature or function, you will choose a user name and password. Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We and/or the Smartican shall not be liable for any claims, damages and/or any such legal proceedings arising out of any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us on the contact details specifically provided on the Site, if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or you recognize any other need to deactivate your user name or password due to security concerns.

Users are expected to provide their real names and other information. Here are some commitments you make to us relating to registering and maintaining the security of your account:

1. You will not provide any false personal information.

2. You will not create an account for anyone other than yourself without their express written permission.

3. You will not create more than one personal account.

4. If once disabled you will not create another account without our express written permission.

5. You will keep your contact information accurate and up-to-date.

6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account, by exercising at all times such reasonable care as expected in the ordinary course of dealing with sensitive personal information.

7. You acknowledge that if you select a username or similar identifier for your account or Personalised Desk of the Site, we reserve the right to remove or reclaim it if we believe it is appropriate to do so.



PRIVACY (READ WITH THE DATA USE POLICY)


We respect your privacy and the use and protection of your Personal Information. Please see our Data Use Policy, for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Site, and to use it to help you make informed decisions. However, if you collect information from users, you will:

1. obtain their express written consent to do so;

2. make it clear beyond reasonable doubt that you (and not the Site) are the one collecting their information, and;

3. post a privacy policy explaining what information you collect and how you will use it.



INTELLECTUAL PROPERTY


• The contents of this Site, including all Site software, design, format, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are the sole property of the Smartican or have been reproduced with appropriate license, permission of the copyright owner or are free-to-use public domain resources.

•Any and all content in this Site including but not limited to Topics (defined below), Shouts (defined below), public information, any sensitive personal information, comments, and/or posts generated, created, developed, posted and/or shared in any manner whatsoever by you or any third party users are solely owned by the Smartican and the said content shall fall under the scope of the term “Material”. Further, the Smartican owns any and all rights pertaining to such Material of the Site.

• Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Site" includes "Material" as well.

• The Site is to be used solely for your non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes.

• You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, display, print or reproduce from the Site.

• You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of the Smartican.

• You agree to respect the intellectual property rights of the Smartican in the Material on the Site and understand that any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under the laws applicable.

• We require users to respect our copyrights, trademarks, and other intellectual property rights.

• You agree that you shall not use the Smartican’s trademarks for any products or services in any manner that may be likely to create any confusion or deception amongst the users, customers, members of trade and general public in any manner.

• You agree that you shall never challenge the existence, validity or otherwise of the Smartican’s trademarks, patents, copyrights or other intellectual property that becomes available to you by accessing and using the Site. The Smartican retains exclusive ownership rights in all the Material and all intellectual property rights therein, whether registered or unregistered and you will not take any action which may jeopardize, limit or interfere with the Smartican’s intellectual property rights in any manner.

• We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them more than once to infringe the intellectual property rights of others.

• We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur.

• We reserve the right to institute any such legal proceedings under the relevant applicable laws, against any user/s responsible for infringement/passing off/ violation of our intellectual property rights.

• If you believe that the Site contains elements that infringe your copyrights in your work, please follow the procedures set forth in our Copyright Compliance Policy (posted below).

• If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal. You may contact us at C 39 East Of Kailash, New Delhi, 110065, India for the same.



CODE OF CONDUCT


Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:

• be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, inflammatory, threatening, hateful, objectionable, discriminatory, unlawful, misleading, malicious or abusive, or which may or may appear to impersonate anyone else;

• post anyone's identification documents or sensitive financial information on the Site.

• affect us adversely or reflect negatively on us, the Site and/or the Smartican, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;

• send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";

• transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;

• develop/host or operate a third-party Topic containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.

• forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;

• bully, intimidate, stalk or harass any user.

• solicit login information or access an account belonging to someone else.

• send email invitations to non-users without their consent.

• violate any laws, regulations, judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;

• modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, group of persons, firm or enterprise that could disable, overburden, or impair the proper working or appearance of the Site, or

• collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, and/or created by the Site unless you have obtained the express, prior permission of such other person, firm or enterprise and/or the Site to do so.

• access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior written permission.

• facilitate or encourage any violations of this Agreement or our policies.

You understand that we can remove any content or information you post on the Site if we believe that it violates this Agreement or our policies. If you infringe other people's intellectual property rights more than once, we will disable your account without further explanation and you would be barred from creating a fresh account.



SHOUTING


Your Shouts are important to us. Portions of this Site may provide you and other users an opportunity to participate in forum services, blogs, web communities and other message and communication facilities ("Topics") which is governed by the Topic Policy and may provide you with the opportunity, through such Topics or otherwise, to submit, post, display, transmit and/or exchange information, ideas, opinions, messages or other information ("Shout" or "Shouting"). Smartican allows users to avail the unique ‘Anonymous Shout’ option as given below. You understand, acknowledge and agree that such Shouts are the sole responsibility of the person from which such Shouts originated. This means that you are solely and entirely responsible for the consequences of all Shouts that you upload, post, email, transmit or otherwise make available via the Site. Shouts do not reflect the views of the Site, the Smartican or the Affiliates.

It is clarified herein, that the Site shall only be responsible for any ideas, opinions, messages or other information created/authored by the Site. We reserve the right to monitor, edit or screen any Shouts. If we determine, in our sole discretion and judgment, that any Shout does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to:



(a) refuse to allow you to Shout;



(b) remove and delete Shouts;



(c) revoke your right to use the Site; and/or



(d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site.



If a Shout originates from you or your account, you hereby agree that:



(a) you specifically authorize the Site, the Smartican and its Affiliates to use the content of such Shout in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together with or as part of other information, content and/or material of any kind or nature;



(b) you represent and warrant that:



(i) the Shout is original to you and/or fully cleared for use as contemplated herein,

(ii) the Shout does and will not, in any way, violate or breach any of the terms of this Agreement,

(iii) the Shout does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal, central or state statutes or regulations,

(iv) the Shout is not obscene or in any other manner unlawful,

(v) the Shout shall not be injurious to the health of any user including the user making such Shout,

(vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Shout; and



(c) if your Shout incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you

(i) have the right to grant the Site, the Smartican and its Affiliates the right to use the content of such Shout as described above,

(ii) the Shout was produced in compliance with all applicable laws and regulations and

(iii) for any Shout that contains original videos, you will comply with any applicable identification, verification and record-keeping requirements, and you will secure and maintain the requisite personal information and identification documentation for all individuals who appear in any such original videos, as may be required by law and/or otherwise requested or required by us in connection with our corporate compliance policies and practices, which includes



(a) the individual's full legal name, current and permanent address, date of birth and



(b) a legible photocopy of a valid government-issued identification document (e.g., a passport, driver's license or valid photo ID card) to verify the individual's identity. With the submission of each such Shout, the Site, the Smartican and its Affiliates reserve the right to request that you, and upon such request you must, deliver a full and complete set of such identification verification records to use, as well as a legible photocopy of your valid driver's license, passport or other acceptable government-issued photo identification for our verification and record-keeping purposes. In addition, you specifically acknowledge and agree to abide by our policies regarding governmental certification procedures relating to the foregoing identification verification and record-keeping procedures and, if applicable, you will promptly comply with any specific requests or directions we give you in connection with Shouts you submit that may be subject to these requirements.



(d)Anonymous Shout With Smartican

You have the unique opportunity to Shout without the fear of anyone knowing it was you. You can simply choose the Anonymous Shout option, and your shout would be posted anonymously. Not even the Topic owner would know your identity when you shout at his Topic. You understand, acknowledge and agree that we have the right to delete, re-format and/or change part of the/ complete Shouts in any manner that we may determine (although you will not be responsible for any such changes made).

The amount of storage space on the Site per user is limited. Some Shouts may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Shouts or any failure to store, receive or deliver Shouts in a timely manner or any other matter relating to Shouts.

If you believe that any content on the Site violates any of the terms of this Agreement you may report that Shout by clicking on the ‘Report’ link next to every Shout. However, please keep in mind that reporting a Shout does not guarantee that it will be removed from the Site further we cannot guarantee that we will respond to your report and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such report.



CONTESTS AND PROMOTIONS


From time to time the Site and the Smartican may conduct promotions on or through the Site, including, without limitation, auctions, contests and sweepstakes ("Promotions"). Each Promotion may have Additional Terms and/or Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement. One such example of a promotion is Parties option wherein users can give details of parties being hosted by them and invite other users to attend the same. The Party Hopper option is governed by the Party Policy. It is reiterated herein that such Additional Terms and/or Rules and/or Policies are subject to modifications and amendments from time to time which shall be uploaded and posted on the Site accordingly, and the same shall be deemed to be binding on all users.



TERMINATION OF YOUR REGISTRATION OR USE


We may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. You understand, acknowledge and agree that you have no right to institute any motion for appeal or any other legal action, against such termination of your use of and registration on the Site. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. You may deactivate your account on the Site, at any time and for any reason, by logging into the Site and selecting "DROP OUT."



DISCLAIMER AND LIMITATIONS OF LIABILITY


THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SITE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SITE, INCLUDING, WITHOUT LIMITATION, SHOUTING AND MATERIALS ASSOCIATED WITH YOUR USE OF THE SITE.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, THE Smartican, ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to terminate and discontinue your use of the Site. You further understand and acknowledge the capacity of the Site, in the aggregate and for each user, is limited. Consequently some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that the Smartican assume no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or postings or for any failure or delay associated with any postings and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any transactions or postings.



INDEMNIFICATION


You agree to indemnify, defend and hold the Site, the Smartican, and any of its Affiliates, or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or your Shouts and/or your postings. Although we provide rules for user conduct, we do not control or direct users' actions on the Site and are not responsible for the content or information users transmit or share on the Site. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on the Site. We are not responsible for the conduct, whether online or offline, or any user of the Site. The Smartican reserves the right to assume, at its sole expense, the exclusive defence and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with the Smartican in the defence of any such claim, action, settlement or compromise negotiations, as and when requested by the Smartican.



MISCELLANEOUS


This Agreement, together with any Additional Terms, Rules, our Data Use Policy, and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and the Site and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site. This Agreement cannot be changed or terminated orally, but is subject to amendments and modifications, which shall be accordingly uploaded and posted on the Site. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). If we fail to enforce any provision of this Agreement, it will not be considered a waiver.

You will not transfer any of your rights or obligations under this Agreement to anyone else without our express written consent. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in this Agreement shall prevent us from complying with the law. This Agreement does not confer any third party beneficiary rights. We reserve all rights not expressly granted to you. The Smartican may in its sole discretion, modify, restrict, change, or otherwise alter these terms, the Site whole or in part, impose limits on certain features of the Site, or restrict your access to part or all of the Site. By continuing to access and use the Site you will be evidencing your consent to, agreement with, and understanding of, such modifications, changes or alterations. You should frequently check and review the terms and conditions of this Agreement, including, but not limited to, other Additional Terms, Rules and Data Use Policy, regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. The terms and conditions of this Agreement, including, but not limited to, other Additional Terms, Rules and Data Use Policy may be modified from time to time without any notice to you. This Agreement and your use of the Site is governed by, construed and enforced in accordance with the Indian Contract Act, 1872, and for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive territorial jurisdiction and venue of the Courts situated in the city of New Delhi, India and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise.

If you have any questions about the terms of this Agreement, please contact support@smartican.com. This Agreement was last modified on February 22, 2015.

You should also review the following documents, which provide additional information about your use of the Site:

Data Use Policy

Copyright Compliance Policy

Copyright © 2015 Smartican









DATA USE POLICY




Information we receive and how it is used

Information we receive about you

We receive a number of different types of information about you, including:

• Your information:

Your information is the information that's required when you get yourself admitted to Smartican, as well as the information you choose to share.

• Registration information:

When you get yourself registered on Smartican, you are required to provide information such as your name, email address, birthday, and gender.

• Information you choose to share:

Your information also includes the information you choose to share on Smartican, such as when you start a topic, Shout a comment, a photo, track a topic, etc.

It also includes the information you choose to share when you communicate with us, such as when you contact us using an email address.

Your name, Desk pictures, canvas photos, gender, networks, username and User ID are treated just like information you choose to share.

You understand that Smartican may receive personal information pertaining to you from other sources, such as other users, your topics and Shouts.

Other information we receive about you

We also receive other types of information about you:

• We receive data about you whenever you use or are running Smartican, such as when you look at another person's desk, send or receive a message, search for a user or a topic, click on, view or otherwise interact with things.

• When you Shout photos or videos on Smartican, we may receive additional related data (or metadata), such as the time, date, and place you took the photo or video.

• We receive data from or about the computer, mobile phone, or other devices you use to access and use Smartican, including when multiple users log in from the same device. This may include network and communication information, such as your IP address or mobile phone number, and other information about things like your internet service, operating system, location, the type (including identifiers) of the device or browser you use, or the pages you visit. For example, we may get your GPS or other location information so we can tell you if any of the other users are nearby, or we could request device information to improve how our applications work on your device.

• We receive data whenever you visit Smartican, sometimes through cookies. This may include the date and time you visit the Site; the web address, or URL, you're on; technical information about the IP address, browser and the operating system you use; and, if you are logged in to Smartican, your User ID.

As described in "How we use the information we receive" we also put together data from the information we already have about you so we can offer and suggest a variety of services and features. We may put together your current city with GPS and other location information we have about you to, for example, tell you about people or events/parties nearby, or offer deals to you in which you might be interested. We may also put together data about you to serve you advertisements or other content that might be more relevant to you.

When we get your GPS location, we put it together with other location information we have about you (like your current city).



Public information

All information you shout on Smartican is public information i.e. anyone will be able to see it,

This means that information you upload:

• can be associated with you (i.e., your name, profile pictures, canvas photos, desk, User ID, username, etc.)

• can show up when someone does a search on Smartican or on a public search engine;

However you can choose to Shout/ post/ upload, videos/photos/sound recordings anonymously in which case none of your personal information would be disclosed along with the information/photos/videos/sound recordings.

Usernames and User IDs

Usernames and User IDs are the same thing – a way to identify you on Smartican. A User ID is a string of numbers and a username generally is some variation of your name. With your username, you get a custom link (a Smartican URL, such as www.smartican.com/ username) to your desk that you can give out to people or post on external websites.

If someone has your Username or User ID, they can use it to access information about you through the Smartican.com website.



How we use the information we receive


We use the information we receive about you in connection with the services and features we provide to you and other users. For example, in addition to helping people see and find things that you do and share, we may use the information we receive about you:

• as part of our efforts to keep Smartican products, services and integrations safe and secure;

•to protect Smartican’s or others' rights or property;

• to provide you with location features and services, like telling you and your friends when something is going on nearby;

• for internal operations, including troubleshooting, data analysis, testing, research and service improvement.

Granting us permission to use your information not only allows us to provide Smartican as it exists today, but it also allows us to provide you with innovative features and services we develop in the future that use the information we receive about you in new ways.

We store data for as long as it is necessary to provide products and services to you and others, including those described above. Typically, information associated with your account will be kept until your account is deleted. For certain categories of data, we may also tell you about specific data retention practices.



Passwords




Your password is your sensitive personal information and we do not disclose your password to anyone. However, Smartican does not assume any responsibility for any hacked passwords. If you share your password or your personal information with others, or your account is hacked, you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify Smartican by contacting on the information specifically provided on the Smartican website and change your password.



Cookies


Smartican may access and set cookies in your system to customise its services and content; measure promotional effectiveness, and promote trust and safety.



Sharing


Always think before you post. Just like anything else you post on the web or send in an email, information you share on Smartican can be copied or re-Shouted by anyone who can see it.



Finding you on Smartican


To make it easier for other users to find you, we allow anyone with your contact information (such as email address) to find you through the Smartican search bar at the top of most pages. All users can search for you by the hashtags (#) specifically allotted to all users.



Links and Tags


The owner can add a hashtag to a topic. Hashtags are references to people or other topics; anything from a website to a Page or timeline on Smartican. For example, if you are writing a topic, you might include a reference to a topic you are referencing or a reference to the user’s Smartican topic.



Responding to legal requests and preventing harm


We may access, preserve and share your information in response to a legal request (like a summons, search warrant, court order) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions beyond India where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to:

• detect, prevent and address fraud and other illegal activity;

• to protect ourselves, you and others, including as part of investigations;

• or to prevent death or imminent bodily harm.



Change of Control


If the ownership of our business changes, we may transfer your information to the new owner so they can continue to operate the service. But they will still have to honor the commitments we have made in this Data Use Policy.

The information you post on Smartican is protected through secured servers hosted in Atlanta, USA. We at Smartican have adopted the highest standards of security and encryption techniques to protect your sensitive information. However, in case any personal information belonging to you is accessed by any unlawful interference or circumvention by a third party, Smartican does not assume any liability with respect to the same.

This policy is not exhaustive and may be amended from time to time.

You agree that you have carefully gone through this policy and have read and understood and contents thereof before using our products and services.

Copyright © 2015 Motion Punch Studios Pvt. Ltd.













COPYRIGHT COMPLIANCE POLICY


This is the official copyright compliance policy ("Copyright Compliance Policy") for www.Smartican.com ("Site," "we," “Smartican,” "us," or "our"), an Internet website offered by Smartican (“the Smartican"), and this Copyright Compliance Policy applies regardless of what type of device you use to access the Site. This Copyright Compliance Policy sets forth the procedures undertaken by this Site to respond to notices of alleged copyright infringement from copyright owners and terminating the accounts of repeat infringers and does not cover any other procedures, for any other purpose, or the procedures of the Smartican or any subsidiaries and affiliates (collectively, "Affiliates"), or any other Smartican, unless specifically stated.

This Copyright Compliance Policy is a part of the terms and conditions which are set forth in the Terms of Use Agreement. Any terms that are not defined in this Copyright Compliance Policy shall have the meaning given in the Terms of Use Agreement. Both the Terms of Use Agreement and this Copyright Compliance Policy are legally binding on all users.

We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur.



How to Send a Notice of Copyright Infringement


If you are a copyright owner (or the owner's authorized agent) and have a good-faith belief that material on our website infringes one of your copyrights, then you may notify us using this procedure. In order for us to process your notice of copyright infringement, it must be sent to the agent designated below and must include the information specified below. When we receive a notice under this procedure, we will expeditiously remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.

Send your notice of infringement to our designated agent for receiving such notices:

• Name of Agent Designated to Receive Notification of Claimed Infringement:

__________________

• Full Address of Designated Agent to Which Notification Should be Sent to:

C 39 East of Kailash, New Delhi, India, 110065

• Email Address of Designated Agent:

____________________________

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED ABOVE.

Your notice of infringement must be a written communication provided to the agent designated above that includes substantially the following information:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on our Site is covered by a single notification, a representative list of such works on our Site.

(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

(4) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(6) A statement that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEY’S FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION.



How to Send a Counter notice


If your Shout was removed as a result of a notice of infringement and you believe the Shout does not infringe and/or violate any intellectual property rights.

As explained above, if we receive a notice of infringement sent to our designated agent with the information described above, we will expeditiously remove or block access to the material that is claimed to be infringing. We will also send a notification to the user who posted the material, at the email address provided by the user in connection with his or her account with us, telling the user that the material was removed or access to it was blocked because of claimed infringement. In case, we receive a notice that the material claimed to be infringing is created/authored by the Site, such material shall be rendered inaccessible or blocked pending due process of investigation and shall be accordingly and voluntarily retained/removed only upon the conclusion of such investigation by the Site.

If you are a user who posted material that was removed in response to a notice of infringement and you believe that material was removed due to mistake or misidentification, you may request that we replace the posting by sending us a counter notice as follows:

You must send the counter notice to our designated agent for receiving notices of infringement, whose name and contact information is above.

Your counter notice must be a written communication sent and must include substantially the following information:

(1) A physical or electronic signature of the subscriber (you the user).

(2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

(3) A statement that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

(4) The user's name, address, and telephone number, and a statement that the user consents to the jurisdiction of the Courts of New Delhi, India and that the user will accept service of process from the person who provided notification of copyright infringement or an agent of such person.

When we receive a counter notice that complies with these requirements, we reserve the right, but not the obligation, to restore the material that was removed after forwarding a copy of the counter notice to the person who sent the notice of infringement and waiting at least 10 business days. If, during those 10 business days, the person who sent the original notice of infringement notifies us that such person has instituted a suit to seek a court order to restrain the user from infringing activity relating to the material on our website, we will not replace the material. Otherwise, we may repost the material at our discretion.

However, pursuant to the Section of the Terms of Use Agreement entitled "Shouting", we retain the right to remove, block access to, or not restore material at any time for any reason without any liability to the posting user. In particular, a user who sends a counter notice pursuant to this Copyright Compliance Policy expressly acknowledges and agrees that we shall not be liable to the user under any circumstances for declining to replace material.

WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION.



Repeat Infringer Policy


We have a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has made two or more Shouts for which we receive a notice of infringement under this Copyright Compliance Policy. Each user agrees that if his or her account is terminated pursuant to this Copyright Compliance Policy, the user will not attempt to establish a new account under any name, real or assumed, and further agrees that if the user violates this restriction by opening a new account after being terminated pursuant to this Copyright Compliance Policy, the user shall indemnify and hold us harmless for any and all liability that we may incur therefore.

Sole Statement: This document is the sole statement of the Copyright Compliance Policy with respect to this Site, and no summary, restatement or other version thereof, or other statement or policy, in any form, including, without limitation, machine-generated, is valid.

This Copyright Compliance Policy was last updated on February 22, 2015.

Copyright © 2015 Motion Punch Studios Pvt. Ltd.