December 29, 2021
The domain name www.CaptionPlus.app (hereinafter referred to as “Website”) and the mobile application CaptionPlus (hereinafter referred to as “Application”) are owned by Tnine Infotech LLP with its registered office at 124/16, Vardhman Tower 1st Floor, Preet Vihar, Delhi-110092 Delhi (hereinafter referred to as “CaptionPlus”).
- 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 captions, 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 –
- belongs to another person and to which the user does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harms minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- 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.
- 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, CaptionPlus prohibits the creation of and You agree that You will not create an account for anyone other than Yourself. You will not submit any content with the name of any other person. You also represent that all information You provide or provided to CaptionPlus 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.
TERMS FOR BUSINESS PROFILES
In addition to the above mentioned terms, the following provisions are applicable with respect to Users who have linked their CaptionPlus username to specific companies (“Business User”) organising challenges/competitions for participation by other CaptionPlus users (“Challenges”) through the use of Our Service –
- No tolerance for plagiarism
CaptionPlus reserves the rights to conduct ourselves or engage an outside agency to conduct a plagiarism check on every caption uploaded on our Service, including by a Business User, and CaptionPlus 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.
- Your Social Media Link
CaptionPlus shall allow Business Users to post promotional leads on their CaptionPlus profile. The Business User is authorised to add links to its Facebook page/ Instagram page/ Website links to its CaptionPlus profile.
- 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. straight forward on captions, is not permissible. The Business User can mention such promotional/marketing Content in captions only by maintaining its usability for users. It should be embedded in content without decreasing the effectiveness of the caption. An example of such a caption is “When I’m hungry, my mind goes more towards Zomato than tomato 😋🍧.”
- No Exploitation of the Social Networking Platform
Exploitation includes spam commenting on users’ captions to use their Content, posting external advertisements or asking users to submit their Content to the Business User outside of CaptionPlus. Since CaptionPlus promotes the Business User’s profile every day without a charge, we expect the Business User to not take our social networking platform for granted. We will ban the profiles that exploit Our Social Network and Services.
- Promotion Fee
CaptionPlus shall charge a fee to let Business Users generate leads or acquire customers through advertisements/branded captions, provided the Business User’s promotions are not outright spam. Business Users may contact Us for pricing and more details at [email protected]
CAPTIONPLUS PRO Subscriptions
CaptionPlus allows users to use its premium features such as ad-free experience on the app, toolbox, smart camera, etc. in exchange for a subscription fee. Subscriptions are currently charged monthly or annually to users’ Google Play accounts after mentioned trial period.Subscriptions will then auto-renew monthly or yearly unless users cancel subscriptions before the due date. Since we do not currently offer subscription cancelation, users are advised to carefully check the feature descriptions before subscribing. In case of a query or confusion, users may write to [email protected].
- CaptionPlus 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 CaptionPlus 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 our legal obligations.
- CaptionPlus reserves the right to force forfeiture of any username, profile or account for any reason at any time.
- CaptionPlus 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 CaptionPlus 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 CaptionPlus users.
- Your business dealings with third parties found on CaptionPlus are solely between You and the third parties.
- You take responsibility for any and all data charges that incur on using CaptionPlus.
- 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 CaptionPlus’s express written consent).
- CaptionPlus has captions/content that is submitted by CaptionPlus users (“User Generated Content or UGC”) and is protected by copyright, trademark, patent, and other relevant laws. You are permitted to modify, use and share on Instagram or any other social media platform, documents, presentations etc. for personal or commercial use with/without crediting the author, but we recommend to credit the author so the author gets due recognition for his/her hard work. You will not sell, license or otherwise exploit the CaptionPlus Content in any manner.
- CaptionPlus has captions/content that is owned by CaptionPlus (“CaptionPlus Content”) and is protected by copyright, trademark, patent, and other relevant laws. You are permitted to modify, use and share on Instagram or any other social media platform, documents, presentations etc. for personal or commercial use. However, you will not sell, license or otherwise exploit the CaptionPlus Content.
- CaptionPlus’s name and logo are trademarks of CaptionPlus, 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 CaptionPlus, and must not be copied or used, in whole or in part, without prior written permission from CaptionPlus.
- The Service may be interrupted for upgrades or scheduled maintenance, for emergency repairs, or due to failure of telecommunications links and/or equipment. CaptionPlus reserves the right to remove Your Content from the Service without any reason, without any prior notice to You. Content removed from CaptionPlus may be stored by us, but may not be accessed by You without a valid court order. CaptionPlus 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 the Internet may be subject to security breaches and that the submission of Content or other information may not be secure.
- We reserve the rights to partially edit, modify, correcting the content posted by you to suit the platform.
- 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
- You can report captions to protect Your intellectual property rights.
- 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, CaptionPlus CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER CaptionPlus NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “CaptionPlus PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE CaptionPlus CONTENT; © USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO CaptionPlus OR VIA THE SERVICE. IN ADDITION, THE CaptionPlus 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.
LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES WILL CaptionPlus 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) CaptionPlus 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 CaptionPlus 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 CaptionPlus 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 CaptionPlus 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 CaptionPlus’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 CaptionPlus 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 CaptionPlus PARTIES. CaptionPlus 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 anything, you may do so by sending an email to [email protected] 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.
Office Address: 124/16, Vardhman Tower 1st Floor, Preet Vihar, Delhi-110092
Email Id: [email protected]