Terms & Conditions for Content Creators
We welcome you to this digital platform accessible through the website and the mobile application (“Platform”), and congratulate you for signing up on the Platform. The Platform and all its derivatives are owned and operated by EkAnek Networks Private Limited (the “Company” or “Foxy”). The terms “we”, “our”, “ours”, and “us” used below refers to the Company. These terms and conditions govern the conduct of any party who uploads, creates or posts professional content (“Content”) created by such party (“Content Creator”). You are on this page as you have chosen to sign up on the Platform as a Content Creator. The terms “you”, “your”, and “yours” refer to the Content Creator.
2. USE OF SERVICES
Posting Content on the Platform
A. You shall be required to log in using your registered username/e-mail address of Instagram, YouTube and Google Account.
B. The content created shall be original and in the event of any third-party content being used, you hereby represent that you have all required permissions for such use and publication of such content from the owner of such content. You hereby indemnify the Company from any damages that may arise from use of such third-party content.
C. By signing up on the Platform or by uploading/posting any content, You hereby grant a royalty-free, perpetual, irrevocable, transferrable, sub-licensable, worldwide license to Foxy to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit and display your Content (in whole or part) and/or to incorporate it in other works on other digital media outlets, including YouTube, Instagram, Facebook, Google, etc., any form, media, mode of delivery, platform (including social media platform) or technology now known or later developed (“Other Outlets”). The same can be provided through relevant links, APIs, SDKs, web players, creating copies or any other technical mechanism to such Other Outlets. Foxy shall be entitled to use your content for distribution through the Platform and all its derivatives including all social media platforms associated with the Platform subject to controls exercised by you on the control page.
D. You hereby represent that the content created / uploaded by you does not in part or whole:
i. belong to another person and to which you do not have any right;
ii. 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;
iii. harms minors in any way;
iv. infringes any patent, trademark, copyright or other proprietary rights of any other party;
v. violates any law for the time being in force;
vi. deceives or misleads the reader/viewer about the origin of any information, or contains any information that is grossly offensive or menacing in nature;
vii. impersonates another person;
viii. contains software viruses or any other computer code, files or programmes that is designed to interrupt, destroy or limit the functionality of any computer resource;
ix. threatens the unity, integrity, defence security or sovereignty of India or any other nation/sovereign jurisdiction, 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.
E. While Foxy does not make any editorial determination about the Content to be displayed and made accessible on the Platform, if: (i) we receive any notice or communication that any Content or any part of the Content belongs to a party who has not consented to such content being uploaded and accessible on the Platform or that it is violative of the rights of any person who has not consented to such Content being uploaded and accessible on the Platform; or (ii) it comes to our attention that any of the Content violates these Terms, we shall be entitled to remove such content/block public access to such content either temporarily or permanently, subject to the provisions of the Indian Copyright Act, 1957, and the Information Technology Act, 2000, and as we deem fit or in compliance with the orders or directions of the court (if applicable) and we shall have the right, at our discretion, to remove your account, and in either case you shall have no right to make any claims against us for removing or blocking such Content;
4. MODIFYING AND TERMINATING THE SERVICES
We may, without notice, change functionalities or features for constantly improving and innovating the Services. In addition to any right or remedy that may be available to Foxy under these terms or applicable law, in addition, if you have breached the Terms, Foxy may (i) immediately suspend, limit or terminate your access to your Foxy account and/or (ii) instruct you to cease all promotional activities or make clarifying statements, and you agree to immediately comply. We may amend these terms from time to time and any such amendments shall be informed to you via email to your email address. It shall stand effective as and when the notice for the amendments has been sent to you via email or when you access the Platform.
By posting/uploading Content on the Platform and/or by receiving any of our services do not constitute either of us as each other’s agent, employee, principal or servant and you and us shall always remain as independent, unrelated parties.
6. YOUR PERMISSIONS
By signing up, you constitute in our favor the permission to host, transfer, embed, create links or use any other technical mechanism to make available on the Platform to the Content that you may have posted/uploaded/created for other digital media/marketing outlets such as YouTube, Facebook, Instagram, Shareit, etc. You may revoke this permission [through your account panel], subject to the provision below on availing incentives. Further, you hereby acknowledge that prior to or post your signing up on the Platform (including after revocation of permissions envisaged in the foregoing sentence), we may have posted/linked on the Platform and shall continue to post/link on the Platform, your Content from Other Outlets, subject to the terms and conditions of the relevant Other Outlets, and that you have no objection to our said use of your Content.
7. DISCRETIONARY INCENTIVES and Welcome Gifts
We may, at our discretion, offer you certain incentives/welcome gift solely at the discretion of the Company. Once you accept such incentives/welcome gift you may not revoke permission/opt out of linking/hosting on the Platform your Content hosted on Other Outlets or delete your content from the Platform. You will be eligible for such incentive/welcome gift after approval and/ or posting on your other social media accounts of the qualifying video or set of videos or any other content as per the directions given by the Company. The Company reserves sole and exclusive rights to determine eligibility for such incentives/welcome gifts. We may, from time to time, permit you to buy or purchase products offered on the Platform for commercial use and similarly, provide you the ability to claim free samples. If the offer is accepted by you, then such products or samples thereof, shall only be used for personal purposes only and shall not form part of your service to your clients or for creating content for other platforms. If these products are availed without upload of an acceptable video within the given time frame, then these products would not be considered free and would become payable to the Company at the Maximum Retail Price (MRP). The Company is free to deduct this amount from other payments, suspend account or take any other operational or legal action needed to recover this amount.
The Company reserves the sole right to change the product or reward commitment in case of oversubscription, technical errors or any other reason whatsoever, without incurring any liability to you for such change.
The Company will offer additional services in the future such as bookings and by signing up for Foxy you expressly grant us permissions to make you a part of such services based on your locations and area of expertise. The terms of such services (including commercial terms) shall be determined by the Company and notified to you.
The Company at its sole discretion reserves the right to include you as a part of its Brand Collaboration initiatives aimed at connecting you with Brands for content creation, the terms and conditions of which can be found here.
You agree to indemnify Foxy from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Services, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
9. INTELLECTUAL PROPERTY RIGHTS
Foxy operates and controls this Platform. The materials, including images, illustrations, audio clips, and video clips, on this site, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. All content on this Platform shall be used solely for personal purposes and not for any commercial use.
10. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions with the Platform. We shall neither be liable nor responsible for any actions or inactions of users nor any breach of conditions, representations or warranties by the users hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the users of the Platform.
11. CHOICE OF LAW; DISPUTE RESOLUTION
All disputes and litigation if any, shall be construed and enforced pursuant to the laws and decisions of India. Any disputes arising hereunder shall be resolved by binding arbitration by a single arbitrator chosen mutually between you and the Company, and failing such mutual choice, shall be appointed in accordance with the Indian Arbitration and Conciliation Act, 1996. The seat and venue of the arbitration shall be New Delhi. Subject to the foregoing, courts in Delhi shall have exclusive jurisdiction in matters connected with these terms.