Privacy policy and Terms of Use
Privacy policy:
This Privacy Policy explains our practices relating to collection, storage, usage, retention and disclosure of certain information, including your personal information in context of our service.
Please read below carefully the entire Policy before using the website.
1. INTRODUCTION
a. Your privacy and trust are important to us. ‘flamesofdissent.com’, under the laws of India. The term includes ‘flamesofdissent.com’s subsidiary/ies, affiliate/s, channel/s, joint venture/s, sister concern/s, franchise/s et cetera. (hereinafter collectively referred to as “flamesofdissent.com”, “we”, “us” or “our”), which operates websites, applications, software, products and other services including but not limited to delivery of information and content via any internet connected device – computer, laptop, tablet, mobile or otherwise (hereinafter collectively referred to as “Services”).
b. This Policy explains how flamesofdissent.com collects, handles, stores and protects personal information about you in the context of our services. It also provides information about your rights and about how you can contact us if you have questions about how we handle your information. This Policy applies to individuals who use our services through any medium, inter alia, website, application, our or third party social media pages, any other electronic communication devices. This policy DOES NOT apply to information that you provide to, or that is collected by, any third-party, for the purposes of tracking ‘user behavior’. flamesofdissent.com encourages you to consult directly with such third-parties about their privacy practices.
c. We care about the privacy of our users, such as you. We respect the information that you provide to us, and want to be sure that you fully understand exactly how we use that information. By accepting to access our website at https://www. flamesofdissent.com or its respective mobile apps on play store and app store you are also agreeing to this privacy policy (hereinafter referred to as “Privacy Policy”).
d. Please read this policy carefully to understand flamesofdissent.com's policies and practices regarding your information and how flamesofdissent.com will treat it. By accessing or using our Services, you agree to this Privacy Policy and you are consenting flamesofdissent.com 's collection, use, disclosure, retention, and protection of your Information (Personal Information and/or Sensitive Personal Data or Information), as described here. If you do not wish to agree with terms of our Privacy Policy, we kindly request you not to, in any manner, use our services through any medium, inter alia, website, application, our or third party social media pages, any other electronic communication devices.
2. THE INFORMATION WE COLLECT
a. flamesofdissent.com collects several types of information from and about users of our Services, including:
i. Your Personal Information - the information that can be associated with a specific person and could be used to identify that specific person whether from that data, or from the data and other information that we have, or is likely to have access to, for example your interactions with our emails and texts, and with our messages through push and online messaging channels, details of your interactions with our grievance officer/data protection officer such as time, date and reason for contacting us, chat conversations and call recordings. We do not consider personal information to include information that has been made anonymous or aggregated so that it can no longer be used to identify a specific person, whether in combination with other information or otherwise.
ii. Information about your internet connection, the equipment/device you use to access our Services is collected automatically including but not limited to your computer operating system, your IP address, time zone, browser plug-in details, and browser type due to the communication protocol settings on the internet during your visit to our website. Information regarding the web addresses from which you arrive or click through, the pages you viewed, download errors and page response times, time spent on certain pages when you browse our website. This information helps us analyze user' trends and preferences, thus assisting us in improving our service to Customers.
b. We collect this information:
i. directly from you when you provide it to us, especially when you login through other social media website login interface, for the purposes of accessing NSFW (Not safe for work) articles which require adult age consent; and/or
ii. automatically as you navigate through our Services (information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies).
3. INFORMATION YOU PROVIDE TO US
The information we collect on or through our Services may include:
a. Your account information: Your full name, email address, postal code, user id, password and other information that you may provide or have provided with your account on third party platforms and collated by us through third-party sign-in services such as Facebook and Google Plus, such as your gender, mobile phone number and website.
b. Your preferences: Your preferences and settings saved on third-party sign-in services websites such as time zone and language.
c. Your content: Information you provide through our Services, including your likes, shares, comments, other details and history, favorites, specific contact information of people you add to, or notify of, our Services, names, and other information you provide on our Services, and other information in your account profile.
d. Your searches and other activities: The search terms you have looked up and results you have selected.
e. Your browsing information: How long you have used our Services and which features you have used; the advertisements you clicked on.
f. Your communications: Communications between you and other users or third party links or advertisements through our Services; your participation in a survey, poll, contest or promotion scheme; your request for certain features (e.g., newsletters, updates or other services); your communication with us about employment opportunities posted to the services.
g. Your Public Posts: You also may provide information (such as comments, likes, bookmarks, friends, lists, etc.) to be published or displayed or posted (hereinafter, "posted") on publicly accessible areas of our Services, or transmitted to other users of our Services or third-parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that we cannot control the actions of other users of our Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
h. Prior to the collection of information, we provide an option to the provider of the Information to not provide the Information sought to be collected. The provider of the Information shall, at any time, while availing our Services or otherwise, have an option to withdraw the consent given earlier to us. Such withdrawal of the consent should be sent in writing to us at grievance-contact@flamesofdissent.com. In case you do not provide or later on withdraw your consent, we have the option to not provide the Services for which such Information was sought.
4. INFORMATION WE COLLECT THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIES
We may automatically collect certain information about the computer or devices (including mobile devices) you use to access the Services, and about your use of the Services, even if you use the Services without registering or logging in.
a. Usage information: Details of your use of our Services, including traffic data, location data, time zone, language preference, logs and other communication data and the resources that you access and use on or through our Services.
b. Computer and device information: Information about your computer, Internet connection and mobile device, including your IP address, operating systems, platforms, browser type, other browsing information (connection, speed, connection type etc.), device type, device's unique device identifier, mobile network information and the device's telephone number.
c. Stored information and files: We may also access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts and address book information.
d. Last URL visited: The URL of the last web page you visited before visiting our websites.
e. Mobile device IDs: Unique mobile device identifier (e.g. IDFA or other device IDs on Apple devices like the iPhone and iPad), if you're using our Services on a mobile device, we may use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We may do this to store your preferences and track your use of our website. Unlike cookies, mobile device IDs cannot be deleted. Advertising companies may use device IDs to track your use of our website, track the number of advertisements displayed, and measure advertising performance and display advertisements that are more relevant to you. Analytics companies may use mobile device IDs to track your usage of our Services.
f. Your activity on the Services: Information about your activity on the Services, such as your search queries, comments, domain names, search results selected, number of clicks, pages viewed and the order of those pages, how long you visited our Services, the date and time you used the Services, error logs, and other similar information.
5. COOKIES AND OTHER ELECTRONIC TOOLS
a. We, and third parties with whom we partner, may use cookies, pixel tags, web beacons, mobile device IDs, "flash cookies" and similar files or technologies to collect and store information in respect to your use of the Services and third party websites. A cookie is a small text file that is stored on your computer that enables us to recognize you when you visit our website, store your preferences and settings, enhance your experience by delivering content and advertising specific to your interests (tailored advertising), perform research and analytics (internal and/or through third party), track your use of our Services, and assist with security and administrative functions.
b. Most browsers are set to automatically allow cookies. Please note it may be possible to disable some (but not all) cookies through your device or browser settings, but doing so may interfere with certain functionality on the Services. You may also alter your settings to receive alert notifications when cookies are being sent. To modify your cookie settings, please visit your browser's help settings. You will need to opt out on each browser and each device you use to access the Services. By using our Services with your browser set to accept cookies you are consenting to our use of cookies.
c. Third parties whose products or services are accessible or advertised through the Services, including social media services, may also use cookies or similar tools, and we advise you to check their privacy policies for information about their cookies and other practices. We do not control the practices of such partners and their privacy policies govern their interactions with you.
6. USE OF THE INFORMATION COLLECTED
We use the information we collect from and about you only to the extent that it is necessary to fulfil our services and only for legitimate purposes, inter alia, to:
a. Understand our users (what they do on our Services, what features they like, how they use them, etc.), improve the content and features of our Services (such as by personalizing content to your interests); process and respond to your queries; send you communications that you have requested and/or notifications/updates/pop-ups; provide you with support service; et cetera.
b. Administer our Services and diagnose technical problems.
c. Confirm your identity and perform checks to prevent fraud and protect the security of flamesofdissent.com accounts and prevent prohibited or illegal activities.
d. Enable us to show you ads that are relevant to you.
e. Generate and review reports and data about, and to conduct research on, our user base and Service usage patterns.
f. Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including remuneration.
g. Enable us to display advertisements to our advertisers'/service providers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
7. SHARING OF THE INFORMATION COLLECTED
We may disclose personal information that we collect or you provide, as described in this privacy policy, in the following ways:
a. Internally, to our subsidiaries and affiliates and sister concerns;
b. To contractors, advertisers/service providers and other third-parties;
c. To third-parties to market their products or services to you if you have consented to receive the promotional updates. We contractually require these third-parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. Please note that these third parties are responsible solely for their privacy practices.
d. We may share your information with outside vendors that we use for a variety of purposes, such as to send you communications via emails to inform you about our services that may be of interest to you, push notifications/pop-ups to your devices on our behalf et cetera.
e. Legal Purposes. We may share your information when we believe in good faith that such sharing is reasonably necessary in order to investigate, prevent, or take action regarding possible illegal activities or to comply with legal process. We may also share your information to investigate and address threats or potential threats to the physical safety of any person, to investigate and address violations of this Privacy Policy or to investigate and address violations of the rights of third parties and/or to protect the rights, property and safety of flamesofdissent.com. Our employees, users, or the public. This may involve the sharing of your information with law enforcement, government agencies, courts, and/or other organizations on account of legal request such as subpoena, court order or government demand to comply with the law.
f. Social Networks. If you interact with social media features on our Services, such as the Facebook Like button, or use your social media credentials to log-in or post content, these features may collect information about your use of the Services, as well as post information about your activities on the social media service. Your interactions with social media companies are governed by their privacy policies.
g. Business Transfers. We may share your personal information for the purpose of restructuring, merger, acquisition, sale, or transfer of other assets in good faith providing the receiving party agrees to respect the information as per our Privacy Policy and the applicable laws in force. Whenever the information is transferred to other countries we will ensure that the information is transferred in accordance with this Privacy Policy and as permitted by the applicable laws on data protection
h. Consent. We may share your information in any other circumstances where we have your consent.
8. CHANGES THROUGH YOU
a. When you sign up or make request for certain features (e.g., newsletters, updates or any other services), you are opting in to receive emails/notifications/pop-ups from flamesofdissent.com including its allied concerns. You can log in to manage your email preferences and follow the "unsubscribe" instructions in commercial email messages, but note that you cannot opt out of receiving certain administrative policy, service policy, or legal policy email/notifications from flamesofdissent.com.
b. In case you need to touch base, please use the "Contact Us" link provided on flamesofdissent.com or contact the Grievance Officer/Data Protection Officer, appointed hereinbelow. However, please note that your right to review, update, correct, and delete your personal information may be limited, subject to the law of your jurisdiction:
i. if your requests are abusive or unreasonably excessive,
ii. where the rights or safety of another person or persons would be encroached upon,
iii. if the information or material you request relates to/conflicts with any existing or anticipated legal proceedings and/or negotiations between you and us and/or any third party, or
iv. if in contradiction to our records retention policies and/or any other applicable law, including any statutory retention requirements.
c. Please note if you delete your User Contributions from our websites, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other users of our websites.
9. INFORMATION SECURITY
Please note that appropriate physical, electronic and managerial procedures, in compliance with accepted industry standards, have been implemented to safeguard and help prevent unauthorized access to your information and to maintain data security. These safeguards are subjected to the sensitivity of information that is collected, processed and stored and the current state of technology. To prevent unauthorized access, we have put in place the latest industry-standard security technology and procedures to safeguard the Information we collect online. Your data is stored in encrypted format on our servers and protected by various layers of firewall and endpoint securities. We store your Information on the computer servers placed in a secure environment. We assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control. You play an important role in keeping your personal information secure. You should not share your personal information with anyone. If we receive instructions using your personal information, we will reckon that the instructions have been authorized by you.
10. DATA RETENTION
Please note that the information provided by you is retained only till it is required to be retained to serve you or to comply with the applicable laws of the land for the purposes including but not limited to prevent fraud, to assist any investigations, etc. we may, in some circumstances, anonymize your personal information (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you. We are dependent on policies of third party service providers in the case of information collected from them.
11. JOB APPLICANTS
If your information is submitted to us through the email id – info@flamesofdissent.com for securing a position with us, the information will be used to consider your application. We may choose to retain the information provided for any period of time and share the same with third parties for the purpose of evaluating your candidacy.
12. CHILDREN’S PRIVACY
You must be at least 16 years old to register or subscribe to our Website. If you are under the age of 16, You can only use this service in conjunction with your parent’s or guardian’s permission. However, since we have no way of knowing that the site is being accessed by someone who is underage, we are not responsible for subscription made under the pretext of an adult.
13. AMENDMENT TO THIS PRIVACY POLICY
We reserve the right, at our sole discretion, to change this Privacy Policy on a going-forward basis at any time. Please check this Privacy Policy periodically for changes. Modified Privacy Policy becomes effective upon its publication on the Website. By continuing to use our services, you agree to be bound by the updated, amended, or modified Privacy Policy. If you do not agree to be bound by the modified Privacy Policy, you must immediately cease your use of our services. Disputes arising under this Privacy Policy will be resolved in accordance with the version of this Privacy Policy that was in effect at the time the dispute arose.
14. TERMINATION OF ACCESS
In case of non-compliance with rules and regulations, and privacy policy of the Website, We have the right to immediately terminate the access or usage rights of the Users and remove any non-compliant information.
15. ABSOLUTE CONFIDENTIALITY
Please note that we are committed to protecting your privacy and ensuring the security of any data or information including sensitive personal data received from you. The confidentiality of your information is a top priority. We strictly follow the requirements of the all the relevant data protection laws applicable, and this Privacy Policy is established in accordance with but not limited to General Data Protection Regulations, Information Technology Act, 2000 and rules related thereto and other relevant statutes, amendments, guidelines, etc.
16. CONTACT US
Should you have questions about contents, your account, any assistance, this Privacy Policy or flamesofdissent.com's information collection, use, storage, processing and disclosure practices, you may contact, the Grievance Officer/Data Protection Officer/Owner and Content creator on details provided herein below:
Name: Prasad Babu
Address: 327985 York House, Green Lane, West Preston, Lancashire, PR3 1NJ, UNITED KINGDOM.
Email: contact@flamesofdissent.com.
The data controller of your personal information is flamesofdissent.com. We request you to please provide the following information in your complaint for your safety as well as ours:-
i. Clear statement as to whether the information is personal information or sensitive personal information;
ii. Identification of the information provided by you;
iii. A statement, under penalty of perjury, that the information in the notice is accurate, and that the information being complained about belongs to you;
iv. A statement that you have a good-faith belief that the information has been processed incorrectly or disclosed without authorization, as the case may be;
v. Your address, telephone number or e-mail address;
vi. You may also contact us in case you have any questions / suggestions about the Privacy Policy using the contact information mentioned above.
Any communication pursuant to this Clause which is not marked to the designated individual mentioned hereinabove shall not be treated as a valid and binding communication for the purpose of this Privacy Policy.
Terms of Use:
These Terms of Use, along with the Privacy Policy (“Agreement”) govern your use of flamesofdissent.com website, mobile applications and services such as software, data feeds, email newsletters and associated services provided to you on, from, or through such websites and mobile applications (“Services”) and content appearing in the Services (“Content”). This Agreement is a legal and binding agreement between you and flamesofdissent.com. (“flamesofdissent.com”, “we”, “us” or “our” hereinafter). Our Privacy Policy forms an integral part of this Agreement. By accessing, using or contributing to the Services, you are acknowledging that you have read and understood this Agreement (including our Privacy Policy), consenting to become a party to this Agreement and agreeing to be bound by and comply with the terms and conditions herein. If, for any reason, you do not accept and agree to all the terms and conditions of this Agreement, please do not access or use the Services in any manner. For purposes of this Agreement, the term “Content” includes, without limitation, information, data, text, logos, photographs, videos, audio clips, animations, written posts, articles, comments, software, scripts, graphics, themes and interactive features generated, provided or otherwise made accessible on or through the Services, including the User Content (as defined below).
RESTRICTIONS
The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. You shall not: (i) take any action that imposes or may impose (as determined by us at our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or "spam" on the Services; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any part of the Services; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Services, including without limitation any User Content, that: (i) infringes any intellectual property, proprietary rights or confidentiality obligations of others; (ii) does not belong to you; (iii) you know is false, misleading, untruthful or inaccurate or that could damage us or any third party; (iv) is fraudulent, unlawful or contains or promotes defamatory or illegal information and activities, images, materials or descriptions; (v) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another\'s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner, as determined by us in our sole discretion; (vi) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Services, as determined by us in our sole discretion; (vii) constitutes unauthorized or unsolicited advertising, junk or bulk messages (“spamming”); (viii) harms minors in any way; (ix) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; (x) impersonates any person or entity, including any of our employees or representatives; (xi) includes anyone's identification documents or sensitive financial information; or (xii) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation.
AVAILABILITY
We do not guarantee that any Content will be made available in or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, refuse to distribute, edit, modify or otherwise manipulate any Content at our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated this Agreement), or for no reason at all, and (ii) to remove or block any Content from the Services. We will make reasonable efforts to keep the Services operational. However, certain technical difficulties, routine site maintenance/upgrades and any other event outside our control may, from time to time, result in temporary service interruptions. We also reserve the right at any time and from any time to modify, suspend or discontinue, temporarily or permanently, the Services or any part thereof with or without notice. You agree that we shall not be liable to you or any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Services.
USER CONTENT
Some features of the Services may allow you to create, submit, post, embed or display the Content on or through the Services (“User Content”). You retain your rights in such User Content, and by submitting or posting User Content, you irrevocably grant us an irrevocable, fully-paid, royalty-free, sub-licensable, transferable license to use, display, copy, reproduce, process, modify, delete from, add to, prepare derivative works of, publish and distribute any User Content and all intellectual property rights associated therewith, throughout the world in any media formats and any media channel now known of hereinafter devised for any promotional or commercial purposes, either by us or third parties who partner with us for syndication, broadcast, distribution or publication of our Content, during the full term of copyright and all renewals and extensions thereof, without any obligation to make any payment to you or others or to give you credit. In the event we decide to give you credit, at our sole discretion, you further grant us the right to use your name and likeness under the license contain in this paragraph in association with your User Content and the promotion and advertising thereof. You also waive any right to inspect or approve any final product. We may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt it to any requirements or limitations of any networks, devices, services or media. You are responsible for your use of the Services, for any User Content you provide, and for any consequences thereof, including the use of your User Content by other users and our third party partners. You understand that your User Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit User Content for such use, it may subject you to liability. We will not be responsible or liable for any use of your User Content by us in accordance with these Terms. We do not guarantee any confidentiality with respect to any User Content you submit. By submitting or posting the User Content, you represent and warrant that you have full and unrestricted rights, power and authority necessary to grant the rights granted herein to any User Content that you submit. You also represent and warrant that the posting of your User Content or usage of such User Content in accordance with the terms hereof does not violate any right of any party, including copyrights, privacy rights, publicity rights, trademarks, contract rights, or any other intellectual property rights. You further agree that Content you submit to the Services will not contain material that is subject to any third party intellectual property rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us the license and usage rights granted in this Agreement. By submitting or posting the User Content, you agree that your submission of the User Content does not in any way implicate you as our employee, agent or partner. By submitting or posting the User Content, you further forever release and discharge us, its affiliates, advertising agency, successors, assigns and their respective officers, employees, agents from any and all claims, actions and demands arising out of, or in connection with, the use of your User Contents, your name and biographical data, including, without limitation, any and all claims for invasion of privacy and libel. This release shall inure to the benefit of our assigns, licensees and legal representatives. We will make reasonable efforts to preserve the User Content provided by you; however, we are in no event responsible or liable for failure to do so and you are solely responsible for creating and maintaining backup of your User Content.
LOGIN
Certain features of the Services such as posting or submitting comments, information and feedback in the Services requires login through third party ID such as Google. By logging in through third party ID, you permit us to access certain information from your profile (such as name, email address etc.) for use by the Services in accordance with our Privacy Policy.
INTELLECTUAL PROPERTY RIGHTS
All right, title and interest in the Services including the Content in and to the Services are and will remain the exclusive property of flamesofdissent.com and/or third parties (as applicable). The Services including the Content are protected by copyright, trademark and other laws of Republic of India and other countries. We reserve all rights including those not expressly written in this Agreement. Content available through the Services may be viewed and used for your personal, non-commercial use only. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Services or the Content, and we reserve all rights not expressly granted hereunder. We do not permit copyright infringing activities and infringement of intellectual property rights on or through the Services, including the Content. We request that you will promptly notify us in writing upon your discovery of any unauthorized use or infringement of the Services (including the Content) or our patent, copyright, trade secret, trademarks or other intellectual property rights. You agree that you will not, and you will not encourage, assist or authorize any other person to, directly or indirectly, for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to the Services or the Content. You further agree that you will not, and will not enable others to, except as expressly permitted hereunder, (i) copy, reproduce, decompile, reverse engineer, disassemble, decrypt, or attempt to derive the source code of or underlying ideas or algorithms of any part of the Services (including without limitation any application), (ii) modify, translate, or otherwise create derivative works of any part of the Services, (iii) retransmit, distribute, disseminate, sell, perform, make available to third parties, or exploit for any purposes (including, without limitation, personal, non-commercial use) the Services or the Content, or any part thereof, without express prior written consent from us (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of open-sourced components included with the Services). You further agree not to make use of the Content in a manner that would infringe the copyright therein. Any attempt to do so is a violation of our rights. You agree to abide by the rules and policies established from time to time by us. Such rules and policies will be applied generally in a nondiscriminatory manner to users of the Services, and may include, for example, required or automated updates, modifications, and/or reinstallations of mobile applications and obtaining available patches to address security, interoperability, and/or performance issues. You also acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation or compensation to you.
REPORTING INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your copyright work has been copied and posted in the Services in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have 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; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner, by sending email to contact@flamesofdissent.com We will take appropriate action as mandated under applicable laws, including the Information Technology Act, 2000 (including the Rules framed thereunder). We will remove the Content upon receipt of infringement claim if we believe in good faith that it is likely that the subject Content is infringing intellectual property right of any third party.
DISCLAIMER REGARDING THIRD PARTY LINKS
Our Services may include links to other websites and mobile applications that are owned and operated by third parties. These third party websites and mobile applications may contain information which some people consider inappropriate or offensive. You acknowledge that these third party websites and mobile applications are beyond our control, and we are not responsible for the availability of, or the content located on or through, any third-party websites and mobile applications. You should contact the administrator for those third-party websites and mobile applications if you have any concerns regarding such links or the content located on such websites and mobile applications. Your use of those third-party websites and mobile applications is undertaken at your own risk, and is subject to the terms of use and privacy policies of each website and mobile application. We include third party links or references merely as a convenience to our users, and we do not endorse nor assume any liability for the third party websites and mobile applications, services, or products.
DISCLAIMER REGARDING CONTENT
Our Services may include Content, including User Content, which may be offensive, harmful, objectionable, indecent, unlawful, inaccurate or inappropriate. We do not endorse any Content, and the same does not reflect our opinions or policies. We may, but are not required to, monitor Content, restrict or remove Content, and suspend or delete a user account that we determine at our sole discretion is inappropriate or for any other reason. Under no circumstances do we assume any responsibility or liability whatsoever for any Content, including but not limited to any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content made available via the Services, and you agree to waive any legal or equitable rights or remedies you may have against us with respect to such Content. Any use or reliance on any Content by you through the Services is at your own risk.
DISCLAIMER OF WARRANTIES
You expressly agree that use of and access to the Services or any Content is at your sole risk. The Services are provided on an “as is” and an “as available” basis. We do not make, and hereby disclaim, any representations or warranties regarding the Services. Content offered through the Services or any portion thereof, express, implied or statutory, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of third party rights, or any warranties arising by course of dealing or custom of trade. We make no representation or warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, error-free, virus-free, or otherwise secure basis.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, neither we, its licensors, suppliers, partners, affiliates or third-party service providers shall be liable to you or any third party for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or any other form of damages in any manner arising out of or in connection with this Agreement or your use of the Services or any Content, regardless of the form of action or the basis of the claim or whether or not we have been advised of the possibility of such damages.
INDEMNITY
You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of, or failure to comply with, the terms and conditions of this Agreement and/or (b) your use of the Services. We may, in our discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.
CHOICE OF LAW AND CONSENT TO JURISDICTION
This Agreement is governed by the laws of India, without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of courts in Malappuram, India with respect to all disputes arising out of or relating to the Services. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates).
TERMINATION/CANCELLATION
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
OTHER IMPORTANT PROVISIONS
Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions. You shall not use the Services in any manner contrary to local, state or federal law. We expressly disclaim any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your Service immediately upon notice of your failure to comply with any such local, state or federal law. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement. You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void from inception. This Agreement, together with our Privacy Policy and any other rules, regulations, procedures and policies which we refer to and which are hereby incorporated herein by this reference, constitutes the entire agreement between you and us with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Services. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
CHANGES TO THIS AGREEMENT
We reserve the right to revise this Agreement at our sole discretion without prior notice and at any time. The latest Agreement will be posted here. By continuing to use the Services after changes are made, you agree to be bound by the revised Agreement. (Last updated on 2 October 2023)
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