Terms of Services
ChannelScape User Agreement and Terms of Services
These Terms constitute a legal agreement between us i.e., Mosaic Media Ventures Private Limited and You stating the terms that govern your use of the Platform (defined below).
This document is an electronic contract between Mosaic Media Ventures Private Limited, a "company" incorporated under the provisions and within the Companies Act, 2013, and having its registered office at HT House, 18-20, Second Floor, Kasturba Gandhi Marg, New Delhi -110 001, India, (hereinafter referred to as "Mosaic") and You, under the provisions of the Information Technology Act, 2000 (as amended from time to time) as well as relevant rules framed thereunder.
“Mosaic”, “we”, “us” and “our” shall mean Mosaic Media Ventures Private Limited (MMVPL).
We will do our utmost to ensure that the availability of the Site will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, User access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
This Site provides the users a platform to rate their business experience with multiple channel partners listed on this Site across Pan India locations. This Site can be accessed by anyone who has attained the age of majority i.e. who is 18 years or above. However, to rate your experience, you need to register yourself on this Site by making an account. You will be eligible to make your account on this Site only if you are a corporate employee heading/leading any department such as IT, business, HR etc. and having valid corporate email ID. You are advised not to create accounts using personal mail Ids, such as Gmail, Hotmail, yahoo etc. Anybody found misrepresenting about the credentials or making a fake account shall be disqualified and blocked from accessing the Site without any prior intimation. Further any ratings provided by you on this Site shall not be considered.
2. Registration and Site Usage
By registering on this Site, You confirm that use of this Site shall only be for the purpose of giving genuine business / professional rating to the listed channel partners/service providers who are primarily Independent Software Vendor (ISV), System Integrator (SI), Value Added Reseller/ Distributor (VAR/VAD), Technology Provider etc., based upon your recent working experience with them in the last six months immediately preceding the day you are rating them on this Site. You are advised not to rate the channel partners on behalf of hearsay or if you have not worked with them personally. It is to be noted that this Site shall not be used by you for your personal gain / animosity with any channel partner/service provider. You confirm that Your right to access, use, deal with or rate on this Site cannot be assigned to any other person and custody of user Id and password to access, deal with or transact on this Site shall be sole responsibility of You and You shall be responsible and liable for any misuse of user Id and password assigned to You.
You agree, undertake and confirm that Your use of this Site shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which You 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 or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing;
- is misleading in any way;
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- contains video, photographs, or images of another person (with a minor or an adult).
- tries to gain unauthorized access or exceeds the scope of authorized access to the Webpage or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Webpage or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- solicits gambling or engages in any gambling activity which could be construed as being illegal;
- impersonate another person;
- 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of this Site or any content or information, or in any way reproduce or circumvent the navigational structure or presentation of this Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through this Site.
We reserve the right, in our sole discretion, to deny you access to this Site or any portion thereof without notice for the following reasons immediately (a) for any unauthorized access or use by you (b) if you assign or transfer (or attempt the same) any rights granted to you under this Agreement; (c) immediately, if you violate any of the other terms and conditions as stated herein.
3. Amendment and Addenda
We may amend this Terms of Service / Agreement at any time by informing you of the amended terms via email to your registered email address. Such amendments will be effective when we email a notice of the revisions to you Or we may display amended terms to you when you log in to the Site, in which case such terms shall be effective when posted by us.
4. Submission and ownership of Content
We allow you to provide your reviews and opinions about products, services or other decisions ("Opinions"), and information about yourself (your "Profile") for your profile page. Collectively, the Opinions, Reviews, Profiles and other content you provide to us (by uploading such Content to the Site or otherwise) is defined as your "Content."
Any opinions expressed by a user are of those of the user alone, and are not to be attributed to Mosaic. Mosaic cannot and does not assume responsibility for the accuracy, completeness, safety, timeliness, legality or applicability of anything said or written by any User.
You shall wisely provide your Opinion on this Site as once submitted you may not be able to make any changes to the same before expiry of 6 months from the date of submission. If you are not sure about how do you wish to rate the channel partners, you are requested not to submit your Opinion as once submitted you will not be able to revoke the same until the period as mentioned above.
You retain all ownership rights to your Content. However, by submitting Content to us, you automatically grant us an exclusive, royalty-free, perpetual, irrevocable, worldwide license (a) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit and display such Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content. (b) display your Content online and offline and permit others (including without limitation our co-brand partners / holding company/ affiliates/ group companies) to do the same, and (c) display portions of your Content online or offline and permit others to do the same. The purpose of this Site if to provide users genuine Opinions of industry stakeholders which they may not get anywhere else. In order to sustain this traffic draw, by submitting Opinions to us, you grant us (our holding company/affiliates/group companies) the exclusive right to display your Opinions anywhere online.
All the information contained on this Site is the valuable, exclusive property of Mosaic, and nothing in this document shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. All information on this Site is the proprietary, confidential property of Mosaic and cannot be broadcasted by you for any reason outside this Site.
You may not copy, reproduce, republish, download, post, broadcast, transmit, redistribute, make available to the public, or otherwise use this Site’s Content in any way except for your own commercial and business use. You also agree not to adapt, alter or create a derivative work from any Content available on this Site except for your own business and commercial use. Any other use of this Site’s Content requires the prior written permission of Mosaic.
6. Your Honest Identity
You certify that your review is honest and personal based on your own business/corporate experience working with the channel partner(s)/service providers. That you have not been offered any payment or incentive to influence your honest experience before writing the review. That you are not associated with any agency that markets any product/service/brand in any manner.
The successful functioning of this Site depends, in part, on users telling each other the truth and nothing but the truth about who they are. Thus, you may not (a) establish more than one account (even if the accounts are created using different email addresses or established through co-branded sites), (b) provide incomplete or inaccurate registration information, (c) fail to update your registration information if it changes, (d) select a User ID deliberately intended to mislead others about your identity or that infringes a third party's intellectual property rights, (e) select a photo to identify yourself that deliberately misleads others about your identity, or (f) You may not share your account (or the associated password) with anyone else. We may assume that all activities made using your User ID and password are authorized by you only.
Because your privacy is very important to us, the Site offers you a number of choices to facilitate decisions about how you would like us to use and disclose your personal information. By accepting this Agreement, you expressly provide your consent to us for disclosure and use of your personal information (including using email to communicate with you) as described in the then-current Privacy Statement, which is incorporated herein by reference.
We may terminate your use of the site immediately if (a) you breach any element of this Agreement, (b) you infringe upon the intellectual property rights of a third party, or (c) we are unable to verify any registration information you provide. Alternatively, in such circumstances, we may take some lesser remedies, such as hiding the display of some or all of your Content or suspending your account. If you want to terminate your account, email at email@example.com. We may choose to assume that you intended to terminate your account if you do not access it for more than 03 months. Following termination, at our sole option, we may remove some or all of your Content from the Site or leave it available for public review.
9. Disclaimer of No Warranty
THIS SITE AND SERVICES ARE PROVIDED "AS IS," AND MOSAIC AND ITS HOLDING COMPANY/AFFILIATES/GROUP COMPANIES EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MOSAIC DOES NOT PROMISE OR WARRANT TO YOU THAT ANY ASPECT OF THE SITE AND SYSTEM WILL WORK PROPERLY OR WILL BE AVAILABLE CONTINUOUSLY.
10. Liability Limits
The ratings on this Site are purely based upon the user experiences and are dynamic in nature. These ratings are subject to change as and when any user rates the channel partners/service providers.
Mosaic is or shall not be held responsible or liable for the ratings or any associated consequences resulting in any of the following losses or damages (whether such losses where foreseen, foreseeable, known or otherwise):
- loss of data.
- loss of revenue or anticipated profits.
- loss of business.
- loss of opportunity.
- loss of goodwill or injury to reputation.
- losses suffered by third parties; or
- any indirect, consequential, special, or exemplary damages arising from the use of this Site regardless of the form of action.
You must take your own precaution in this respect, as we accept no responsibility for any infection by virus, by other contamination or by anything that has destructive properties.
You agree to keep Mosaic fully indemnified and hold harmless and release Mosaic and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions, omissions, negligence, misrepresentation of yours while using this Site including but not limited to disclosing your identity, giving ratings to the channel partners etc and you specifically waive any claims that you may have in this behalf under any applicable law. Because user authentication on the Internet is difficult, we cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on this Site, in the event that you have a dispute with one or more users, you release us (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You shall comply with all laws and regulations applicable to your access and use of the site and your publication of your Content. If any portion of this Agreement is deemed unenforceable, that portion shall be enforced to the maximum extent possible and the remaining portions of the Agreement shall be given full effect. Our failure to act in a particular circumstance does not waive the ability to act with respect to that circumstance or similar circumstances. We shall be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement. We may change, remove, or require registration or payment to continue use of, any aspect of this Site and service at any time without further notice to you.
13. Force Majeure
Mosaic shall not be liable for any failure and/or delay on their part in performing any of its obligation under this Agreement and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by You by reason there of if such failure and/or delay shall be result of or arising out of Force Majeure Event set out herein.
Explanation: "Force Majeure Event" means any event due to any cause beyond the reasonable control of Mosaic, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake , explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions breakdown and/or hacking of this Site or any other cause or circumstances beyond the control of Mosaic.
14. Entire Agreement
This Agreement (and any addenda or statements expressly incorporated into this Agreement that you enter into) constitute the entire agreement, and supersede the provisions of any other agreements or understandings (oral or written), between the parties with respect to the subject matter of such documents. In the event of any conflict between the terms of this Agreement and an addendum, the provisions of the addendum shall control.
15. Governing Law and Arbitration
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