Your (hereinafter “User(s) or you”) privacy is important to Megapixels OYE (hereinafter “We/Our/Platform”) and always has been. So, we provide you this Privacy Policy that covers how we collect, use, disclose, transfer, and store your information. Please take a moment to familiarize yourself with our privacy practices. If you do not agree with this policy, you should not use the Platform. By using the Platform or related services, you signify your assent to this Privacy Policy.
1. Collection and Use of Information
1.1 Personal Information
We may collect the following personal information about you:
Your Profile Information. When you register on the Platform, you give us information including your username, date of birth (where applicable), email address and/or telephone number, information you disclose in your user profile.
Information from Third Parties. You may choose to share certain data with us from third parties or through your use of the Platform, we may collect such third-party data automatically. We have set out further detail on the information we receive from third parties below:
Business Partners: If you choose to register to use the Platform using your social network account details (e.g., Facebook, Google), you will provide us or allow your social network to provide us with your username and public profile. We will likewise share certain information with your social network such as your app ID, access token and the referring URL.
1.2 Non-personal Information
We may collect the following non-personal information:
User Content and Behavioral Information. We process the content you generate on the Platform, including preferences you set (such as choice of language), photographs and videos you upload and comments you make and information regarding your use of the Platform.
Technical Information we collect about you. We automatically collect certain information from you when you use the Platform including when you are using the App without an account. Such information includes your IP address, browsing history (i.e., the content you have viewed on the Platform), model of your device, the device system, network type, and operating system.
1.3 Examples of how we may use your information
To better understand customer behavior, customer interest, and other trends among our users and improve our products, services, and advertising.
provide you with user support;
personalize the content you receive and provide you with tailored content that will be of interest to you;
enable you to share User Content and interact with other users;
to help us detect and combat abuse, harmful activity, fraud, spam, and illegal activity on the Platform;
ensure your safety and security including reviewing user content.
ensure content is presented in the most effective manner for you and your device;
improve, promote and develop the Platform and promote popular topics, hashtags and campaigns on the Platform;
carry out data analysis and test the Platform to ensure its stability and security;
allow you to participate in interactive features of the Platform;
to ensure that you are old enough to use our Platform (as required by law);
provide you with location-based services (where those services are available in your jurisdiction);
enforce our terms, conditions and policies;
administer the Platform including troubleshooting.
2. Information Sharing and Disclosure
2.1 Third parties we may share your data with:
Business Partners: If you choose to register to use the Platform using your social network account details (e.g., Facebook, Twitter, Instagram, Google), you will provide us or allow your social network to provide us with your username and public profile. We will likewise share certain information with the relevant social network such as your app ID, access token and the referring URL. Where you opt to share content on social media platforms, the video, username and accompanying text will be shared on that platform or, in the case of sharing via instant messaging platforms such as WhatsApp, a link to the content will be shared.
Analytics providers:
We use analytics providers to help us in the optimization and improvement of the Platform.
Our Corporate Group: We may also share your information with other members, subsidiaries, or affiliates of our corporate group, to provide the Platform including improving and optimizing the Platform, preventing illegal use and supporting users.
Law Enforcement:
We will share your information with law enforcement agencies, public authorities or other organizations if legally required to do so, or if such use is reasonably necessary.
Public Profiles:
Please note that if your profile is public, your content will be visible to anyone on the Platform and may also be accessed or shared by your friends and followers as well as third parties such as search engines, content aggregators and news sites.
in the event that we sell or buy any business or assets (whether a result of liquidation, bankruptcy or otherwise), in which case we will disclose your data to the prospective seller or buyer of such business or assets; or
if we sell, buy, merge, are acquired by, or partner with other companies or businesses, or sell some or all of our assets. In such transactions, user information may be among the transferred assets.
3. Third Party
Megapixels OYE may contain links to third-party websites, products, and services. When you click on links of third parties in an Application, the Services or the Site, you may leave the Application, the Services or the Site. Data collected by third parties is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties. We do not collect your information on and through and This Policy does not address, and we are not responsible for, the privacy practices of Web sites operated by third parties, whether they are linked to or otherwise accessible from an Application, the Services or the Site. The inclusion of a link or accessibility of third-party websites does not imply endorsement of such third party.
The data that you transfer and share through Megapixels OYE may be intercepted, collected, used and disclosed by third parties. We are not responsible for any interception, collection, use and disclosure of your information by any third party. Please choose other ways to transfer and share if you have higher security requirements.
4. Users with Whom You Share Your Information
We cannot control the actions of other users with whom you share your information. We cannot, and do not, control the information you share with other users using Megapixels OYE or how such other users will use or share such information. We are not responsible for third party circumvention of our security measures.
We cannot control the actions of other users with whom you share your data with. We cannot, and do not, control the data you share with other users using Megapixels OYE or how such other users will use or share such data. We are not responsible for third party circumvention of our security measures.
5. Protection of Data
We take the security of your data very seriously. Megapixels OYE is very concerned about safeguarding the confidentiality of your information. We do not collect Personal Information, and we employ administrative, physical and electronic measures designed to protect your Non-Personal Information from unauthorized access and use. Please be aware that no security measures that we take to protect your information are absolutely guaranteed to avoid unauthorized access or use of your Non-Personal Information which is impenetrable.
When you use Megapixels OYE, the data and content you share is visible to other users and can be read, collected or used by them. You are responsible for the information you choose to share or submit in these instances.
6. Support
If you do not consent to any part of the terms of this Privacy Policy or wish to withdraw consent to process Your Personal Data then you may stop using the Services and ask us to remove your Personal Data/ Information from our records by writing to our grievance officer Mr. ANURAG PANDEY at Megapixels.co.in@gmail.com
7. Changes to this Policy
We may revise, supplement, update and otherwise modify these Privacy Policy from time to time. Any updates, revisions, supplements, and modifications will be updated on the Platform and a notification to this effect will be updated/ reflected in the Privacy Policy section. We hereby recommend that users periodically check the Platform to keep himself/ herself updated of the revised Privacy Policy. Your continued use of the Services on or through the Platform will be deemed to constitute your acceptance of the Privacy Policy (including revisions thereof).
Megapixels OYE User Agreement
Megapixels Entertainment Pvt. Ltd., having its office at C-3/76 VIBHUTI KHAND, GOMTI NAGAR, LUCKNOW, INDIA, PIN- 226010, Company Registration No. 113704, CIN- U74999UP2019PTC113704, ROC CODE- RoC Kanpur (“Megapixels”, “We”, “Us” or “Our”), owns and operates this content sharing, social networking platform under the brand name “OYE”, (the “Service(s)”). The Services are made available by way of mobile application along with associated mobile sites, applications and other variants (“Platform”).
This user agreement (“User Agreement”) shall be read in conjunction and together with the Privacy Policy and the Community Guidelines and forms an integral part of the User Agreement between Megapixels and you (“User”, “You” or “Your”) in relation to Your access to and use of the Services.
This User Agreement shall be considered as an “electronic record” as read and construed under Electronic Transaction Act, 2010 of India and amendment thereof or as construed under equivalent local law of Your jurisdiction and rules thereunder as applicable. This User Agreement is generated by a computer system and does not require any physical or digital signatures.
This is a legal and binding agreement between the User of the Service and Megapixels and states the terms that govern Your use and access of the Service. By accessing this Service, you consent, agree and undertake to abide, be bound by and adhere to the User Agreement and if You do not agree to any terms of this User Agreement, you should not access or use the Service.
Please review the User Agreement from time-to-time. We reserve the right, at Our sole discretion, to change, modify or otherwise alter the terms of this User Agreement at any time without prior notice. Such changes and/or modifications shall become effective immediately upon being posted/published on the Service herein. Your continued use of the Service following the posting of changes and/or modifications shall constitute Your acceptance of any revised User Agreement. We retain the right at any time to deny or suspend access to all or part of the Services to anyone who We believe will violate or has violated any of the terms of the User Agreement.
1. Terms of Use
1.1 This User Agreement governs Your access of the Services and any features, branding, data, message, text, image, photographs, graphics, audio, sound, voice, codes, computer programmers, software, database, service information, any form of content available through the Service, as well as the interactive elements/features etc. that You utilize and host, publish, share, transact, display, upload and/or engage with in the course of accessing and using the Services.
1.2 This Service is offered and made available only to Users above the age of 18 years. By accessing the Service, you represent and warrant that You are above the age of 18 years. Your access to and use of the Services is conditioned on Your acceptance of and compliance with the User Agreement and the Privacy Policy. By accessing or using the Services You agree to be bound by the User Agreement. We may also use any third-party API services/SDK in some of Our products as permitted under the terms of such third-party policies, that means if You are using the Service which makes use of any third-party API/SDK services, then You are agreeing to the terms of service/use of such third party as well.
2. Service Usage Terms
2.1 You must access and use the Services only if You can form a binding contract with Megapixels and are not a person barred from receiving Services under the laws of India or another applicable jurisdiction. If You are accepting these terms of User Agreement and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that You are authorized to do so. You may use the Services only in compliance with the User Agreement, Age Suitability Terms and Privacy Policy and all applicable local, state, national, and international laws, rules and regulations.
2.2 The Services offered to You are always evolving and the form and nature of the Services may change from time to time without prior notice to You. In addition, Megapixels may stop (permanently or temporarily) providing the Services (or any features within the Services) to You without any prior notice. We also retain the right to create limits on use and storage at Our sole discretion at any time without prior notice to You.
2.3 To facilitate Your access, use and viewership, the Service can be packaged by Megapixels through different models such as the Services may be accessible (a) free of charge which may include advertisements or commercials or (b) via subscription through payment of a subscription fee or (c) with a combination of the foregoing on the Service or (d) any other model.
2.4 The Service can be availed through platforms, software and devices, which Megapixels approves from time to time, the current list for which is as set out below (“Compatible Source”). In some cases, whether a device is (or remains) a Compatible Source may depend on software or platform provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Source at one time may cease to be Compatible Source in the future.
2.5 The Services may include interest-based ads which are online ads that are tailored to Your likely interests based on Your use of various applications and websites across the internet. If You are using a browser, then cookies and web beacons can be used to collect information to help determine Your likely interests. If You are using a mobile device, tablet, or streaming media device that includes an advertising identifier, then that identifier can be used to help determine Your likely interests. The types and extent of advertising by Megapixels on the Services are subject to change. In consideration for Megapixels granting You access to and use of the Services, You agree that Megapixels and its parent, third party providers and partners may place such advertising on the Services or in connection with the display of any User Content or information from the Services whether submitted by You, Us, any other User or third parties.
3. User Account Password and Security
3.1 In order to use the Service, You will have to register on the Platform by providing certain details about yourself, including Your name, email address, phone number and such other details as may be required and create an account (“Account”). You may register on the Platform by logging into Your Account with Your credentials from certain third-party email networks or social networking sites. You confirm that You are the owner of any such third-party account and that You are entitled to disclose Your third-party account login information to Megapixels. You authorize Megapixels to collect Your authentication information, and other information that may be available on or through the third-party account consistent with Your applicable settings and instructions. Megapixels reserves the right to refuse access to the Service to new users or to terminate access granted to existing users at any time without according any reasons for doing so. You shall not have more than one active Account on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.
3.2 You shall ensure and confirm that the Account information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, You shall promptly update Your Account information on the Platform. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if Megapixels has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Megapixels has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof) at its discretion, in addition to any right that Megapixels may have against You at law or in equity, for any misrepresentation of information provided by You.
3.3 You are responsible for safeguarding the password or credentials that You use to access the Services and for any activities or actions under Your Account. We encourage You to use “strong” passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with Your account and with other accounts that You may connect to Your Account (such as Your social media account or Your email). You agree to (a) immediately notify Megapixels of any unauthorized use of Your Account information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Megapixels cannot and will not be liable for any loss or damage arising from Your failure to comply with the above requirements. Further, Megapixels will not be liable for any loss or damage arising from Your failure to comply with the above requirements.
3.4 You may be held liable for losses incurred by Megapixels or any other user of or visitor of the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.
4. User Content on the Services
4.1 The Service allows Users to post, upload, transmit, share, store or download messages, texts, images, photographs, graphics, audios, sound, voice, videos and all other kinds of content (“User Content”), connect with other Users, transmit messages to other Users or to all Users at large, or connect personally with other users, whilst using and accessing the Services through interactive elements and features made available on the Services .The Service also enables You to incorporate certain sound recordings, images, graphics, audio visuals etc. as part of the User Content. The User Content should, at all times, be compliant with the standards set out hereunder in this User Agreement. In the event the User Content contains any third-party materials including brands, trademarks, logos etc. (“Branded Content”). You are required to procure necessary permissions, licenses directly from such third parties and will not upload any Branded Content without the same. All Branded Content should be tagged/ uploaded as content for paid partnerships through the functionality provided by the Platform, failing which Megapixels shall have the right to takedown the Branded Content or remove third party brands, trademarks, logos etc. from such Branded Content, at its sole discretion.
4.2 For User Content, Megapixels acts purely as an “Intermediary” as read and construed under Electronic Transaction Act, 2010 of India or any relevant laws of India or as construed under equivalent local laws of Your jurisdiction and rules thereunder as applicable. Megapixels expressly excludes any kind of liability relating to User Content. Being an “Intermediary”, Megapixels carries out the limited function of providing a platform for communication and transmission of the User Content and Megapixels has no responsibility and / or liability in respect of any User Content on the Services, including without limitations, for intellectual property rights infringement, defamation, illegal content or any other violation under applicable law. All User Content, which is hosted and transmitted on the Services, is the sole responsibility of the person who is providing/originating/publishing/posting it whether on the Services or on other platforms (which permits Megapixels to carry content of such platform API embedding mechanism).
4.3 On account of the nature of the Internet, the Services may be accessed in various geographical locations; and you hereby agree and acknowledge that you are accessing the Services, at your own risk, choice and initiative and you agree and undertake to ensure that your use of the Services complies with all applicable laws including the local laws in your jurisdiction. Further, the Services and User Content may vary from place to place, time to time and device to device and would be subject to various parameters such as specifications, device, Internet availability and speed, bandwidth, etc. You agree and acknowledge that Megapixels may monitor or use certain technologies for monitoring of your activities for the purpose of giving you better user experience or improvise the Service in accordance with our Privacy Policy.
4.4 The quality of the User Content may vary from device to device, and may be affected by a variety of factors, such as Your location, the bandwidth available through and/or speed of Your internet connection. You are responsible for all internet access charges. Please check with Your internet provider for information on possible internet data usage charges.
4A. Publisher of news and current affairs content
If you are a publisher of news and current affairs content under the provisions of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code), Rules, 2021, you are required to furnish the details of your user accounts on this platform and to the Ministry as may be required under rule 18.
5. Acceptable Use
You agree that in connection with the use of the Service and Platform, You will not:
a. Take any action (even if requested by another person or user ) that is, submit, host, post, display, upload, modify, publish, transmit, update, share, or communicate anything that is or that incites or encourages, action that is, explicitly or implicitly: illegal, grossly harmful, abusive, harassing, threatening, hateful, racially or ethnically objectionable, derogatory, harmful to any reputation, disparaging, defamatory, libelous, pornographic, indecent, profane, obscene, pedophilic or otherwise objectionable (including nudity), blasphemous, invasive of another’s privacy, or relating or encouraging money laundering or gambling or otherwise unlawful in any manner;
b. send communication that deceives or misleads the addressee about the origin of such messages or communicates any information which is offensive or menacing in nature;
c. stalk, harass, threaten, or harm any third party;
d. impersonates any third party;
e. participates in any fraudulent or illegal activity, including phishing, money laundering, or fraud;
f. send communication that 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 any other nation;
g. publishes User Content or any other information that belongs to another person and in which You do not have any rights;
h. violates any law, regulation or court order including the local laws of Your jurisdiction;
i. harm minors in any way;
j. infringes any patent, trademark, design, copyright or other proprietary rights or violate any right of any third party, including privacy rights, publicity rights, and intellectual property rights;
k. publishes User Content or any other information that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
l. advocate, encourage, or assist any third party in doing any of the foregoing.
6. Disclaimers regarding User Content and Third-Party Interactions
6.1 Any use or reliance on any User Content available on the Service is at Your own risk. You understand that by using the Service and accessing the User Content, You may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. The views expressed by users on the Service are not controlled and do not represent the views or values of Megapixels.
6.2 Megapixels does not have any obligation to provide disclaimers with respect to any User Content. Some User Content offered on the Service may not be suitable for some Users and therefore User’s discretion is advised. Also, some User Content offered on the Services may not be appropriate for viewership by children. Parents and/or legal guardians are advised to comply with applicable laws and exercise discretion before allowing their children and/or wards to access User Content on the Service.
6.3 You acknowledge and agree that the Service only facilitates access to the User Content and Megapixels does not pre-screen the User Content and has no obligation to monitor any User Content. Therefore, Megapixels may not always have actual or specific knowledge of any User Content available on the Services. However, Megapixels at its discretion and in accordance with applicable law may monitor any User Content and may remove any User Content from the Services if Megapixels determines in its sole discretion that such User Content is in violation of this User Agreement or any applicable law. Megapixels, at its discretion, may review the User Content when, and only when, complaints are received from You or any third party. Such actions do not in any manner negate or dilute Our position as an “Intermediary” or impose any liability on Megapixels with respect to any User Content. Any use or reliance on any User Content or materials posted via the Services or obtained by You through the Services is at Your own risk.
6.4 You are responsible for any User Content You post to the Services, and for any consequences thereof. The User Content You submit, post, or display will be able to be viewed by other Users of the Services and through third party services and websites. You should only provide User Content which You fully own or in respect of which You have all the permissions/licenses, and that You are comfortable sharing such User Content with others under the User Agreement.
6.5 We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, You may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Megapixels be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
6.6 Your interactions with third parties, including users, on or through the Service, is solely between you and the third party; however, Megapixels may, in its sole discretion, intercede and You will reasonably cooperate with Megapixels, if it does so. You acknowledge and agree that Megapixels will not be responsible for any damages, losses, costs, expenses, or liabilities incurred as a result of such interactions, and you will not make Megapixels a party to any dispute between you and any third party with whom you interact with on the Service. You hereby release Megapixels from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such interactions or the Service. In the event of any dispute between you and any third party with whom you interact on the Service, you may approach the court of appropriate jurisdiction as per applicable law in your place of residence.
7. Privacy Terms
Any information that You provide to Megapixels is subject to Our Privacy Policy, which governs Our collection and use of Your information. You understand that through Your use of the Services You expressly consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to India or any other countries of the world for storage, processing and use by Megapixels. As part of providing, You the Services, We may need to provide You with certain communications, such as service announcements and administrative messages. These communications are considered as part of the Services and Your Account (if applicable).
8. User Content License
8.1You retain Your rights to any User Content You submit, post or display on or through the Services. In order to make the Services available to You and other users, Megapixels needs a license from You. By submitting, posting or displaying User Content on or through the Services, You grant Us a worldwide, non-exclusive, royalty-free, fully paid, unlimited, universal, perpetual, and irrevocable license (with the right to sublicense) in any and all manner and media or distribution methods (now known or later developed) to use, copy, reproduce, process, adapt, modify, publish, transmit, publicly perform, publicly display and distribute such User Content to all users to stream and download, create derivative works of and to use the User Content and to advertise, market, and promote the Platform. Third parties (including users) may search for and see any User Content You submit to public areas of the Platform. Other Users will be able to download and share Your User Content within and outside the Service. You further grant Megapixels a non-exclusive, royalty-free, universal unlimited license to use Your user name, image, voice, and likeness to identify You as the source of any of Your User Content.
8.2 You agree that this license includes the right for Megapixels to provide, promote, and improve the Services and to make User Content submitted to or through the Services available to other companies, organizations or individuals who partner with Megapixels for the syndication, broadcast, distribution or publication of such User Content on other media and services, subject to Our terms and conditions for such User Content use. Such additional uses by Megapixels, or other companies, organizations or individuals who partner with Megapixels, may be made with no compensation paid to You with respect to the User Content that You submit, post, transmit or otherwise make available through the Services.
8.3 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 that User Content to any requirements or limitations of any networks, devices, services or media. For example, if You choose to share a video through Your connected Twitter account, We will adapt Your Content so that it can be attached to a Tweet in a Twitter card. 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. Megapixels will not be responsible or liable for any use of Your User Content by Megapixels in accordance with these terms of User Agreement. You represent and warrant that:
a. You have and shall continue to have all the rights, power and authority necessary to grant the rights granted herein in any User Content that You submit;
b. Your agreement to this User Agreement does not violate any agreement that You may have with any third party;
c. Your User Content does not and will not infringe, misappropriate, or otherwise use without necessary authorization, any intellectual property, privacy, publicity, moral, or other rights of any third party, or violate any law, regulation, or court order;
8.4You hereby waive any and all moral rights or “droit moral” that You may have in the User Content, and You represent and warrant that no third party has any moral, “droit moral” or other rights in the User Content. To the extent that any such rights cannot be waived as per the laws of India or any other applicable law of Your jurisdiction, You agree not to exercise such rights without prior written notice to Megapixels and thereafter only in accordance with any reasonable instructions that Megapixels issues in the interest of protecting its rights.
9. Grant of License to Use the Services
9.1 Megapixels gives You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Service that is provided to You by Megapixels through the Platform. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Services as provided by Megapixels, in the manner permitted by the User Agreement. Save and except for accessing and using the Services as permitted herein, You shall not separately use any portion of the Services or the Platform (such as codes, features, branding/trademarks/logos, look and feel, content, etc.) in any manner whatsoever without express written approval from Megapixels. You may access the Service only in geographic locations where the Service is accessible.
9.2 You agree not to access (or attempt to access) the Service by any means other than through the interface that is provided by the Platform. You shall not use any deep-link, 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 the Service or User Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any User Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Service. You agree that You are solely responsible to Megapixels and to any third party for any breach of Your obligations under this User Agreement and for the consequences (including any loss or damage which Megapixels Entities (defined below) may suffer) for any such breach.
10. Intellectual Property Rights
10.1 For the purpose this User Agreement, the terms “Intellectual Property Rights” shall mean all patents, trademarks, service marks, copyrights, database right, trade names, brand names, trade secrets, design rights and similar proprietary rights of Megapixels and/or its licensors and/or other respective owners, whether registered or unregistered and all renewals and extensions.
10.2 Save and except for the User Content, all rights, title and interest in the Intellectual Property Rights in the Service including without limitation all its constituents, content, features, functions, text, images, audios, audio-visuals, literary work, artistic work, musical work, computer programmer, dramatic work, sound recording, cinematograph film, artistic work, literary work, musical work, a video recording, content performance and broadcast as defined under the applicable laws, specifications, instructions, abstracts, summaries, audio commentaries/content, copy sketches, drawings, artwork, software, source code, object code, comments on the source code and object code, domain names, application names, designs, database, tools, icons, layout, programs, titles, names, manuals, graphics, animation, applications, user interface instructions, photographs, artist profiles, illustrations, jokes, memes, contests, gaming elements/content, interactive elements and all other elements, data, information and any other content/materials are the property of Megapixels and/or its licensors and/or other respective owners and are protected, without limitation, pursuant to relevant Intellectual Property Rights laws of India and the world. Megapixels retains full, complete and absolute title to the Service and all Intellectual Property Rights therein.
10.3 The Service including any content including User Content thereon shall be deemed to be non-exclusively licensed to You by Us only for Your non-commercial personal use and only for such period as We may, in Our sole discretion, deem appropriate. You shall not use, reproduce, redistribute, sell, offer on commercial rental, decompile, reverse engineer, disassemble, adapt, communicate to the public, make a derivative work, interfere with the integrity of the Service (including without limitation the software, coding, constituents, elements, content, etc.) in any manner whatsoever.
10.4 You expressly confirm not to, directly or indirectly, copy, reproduce, modify, edit, re-edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, publish, distribute, circulate, communicate to the public, disseminate, broadcast, transmit, sell, rent, lease, lend, assign, license, sub-license, disassemble, decompile, reverse engineer, market, promote, circulate, exploit, digitally alter or manipulate the Service and/or any parts thereof (including any and all Materials therein) (in whole or in part) in any manner, medium or mode now know or hereinafter developed.
10.5 You acknowledge and agree that any feedback, comments, or suggestions You may provide regarding the Platform or the Services are entirely voluntary, and Megapixels will be free to use such feedback, comments or suggestions as it sees fit and without any obligation to You.
11. Conditions and Restrictions for Use of the Services
11.1 We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User Content on the Services and to suspend or terminate Users, and to reclaim usernames and profile URLs without liability to You.
11.2 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 the terms of User 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 Megapixels, its Users and the public. Megapixels does not disclose personally identifying information to third parties except in accordance with Our Privacy Policy.
11.3 You agree that Megapixels shall have the right but have no obligation, to monitor User Content and to restrict or remove User Content that Megapixels may determine, in its sole discretion, is inappropriate or for any other reason. You acknowledge that Megapixels reserves the right to investigate and take appropriate legal action against anyone who, in Our sole discretion, violates these terms, including, but not limited to, terminating their account, terminate, suspend, limit, or use of the Services or access to User Content and/or reporting such User Content, conduct, or activity, to law enforcement authorities, in addition to any other available remedies under law or equity. In addition to the restrictions set forth above, You must adhere to the below terms and conditions and not host, display, upload, modify, publish, transmit, update or share any information /material/content that violates the provisions of section 5 (Acceptable Use)
11.4 You acknowledge that the User Content is not confidential and that You have no expectation of privacy in it.
11.5 In no event does Megapixels assume any responsibility or liability whatsoever for any User Content, and You agree to waive any legal or equitable rights or remedies You may have against Megapixels with respect to such User Content.
11.6 The Service may contain articles/views/comments contributed by several individuals under the interactive features of the Services. The views are exclusively their own and do not represent the views of Megapixels, its group companies and respective management. All liability in respect of the above is excluded to the extent permitted by law including any implied terms.
a. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Megapixels’ computer systems, or the technical delivery systems of Megapixels’ providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through Our currently available, published interfaces that are provided by Megapixels (and only pursuant to those terms and conditions), unless You have been specifically allowed to do so in a separate agreement with Megapixels; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of the User Content in such a manner as to interfere with or create an undue burden on the Services; (vi) access or use the Service or the User Content therein by means of any mechanism or technology which conceals Your actual geo-location or provides incorrect details of Your location [for example, use a virtual private network (VPN)(vii) attempt to circumvent any technological measure implemented by Megapixels, any of its service providers, or any other third party (including another user) to protect Megapixels, the Platform, users or any other third party; (viii) access the Platform to obtain information to build a similar or competitive application, or service.
12. Contests and Promotions
Any and all contests, promotions, surveys and campaigns hosted or conducted on the Service are subject to separate contest terms and conditions (“Contest and/or Promotion T&Cs”) and You are requested to read the Contest and/or Promotion T&Cs as well as User Agreement before participating in the same and upon participation it shall be deemed that the participant has read and understood the Contest and/or Promotion T&Cs. User Agreement are deemed incorporated by reference into Contest and Promotion T&Cs provided in respect of a particular activity.
13. Suspension and Termination
13.1 The User Agreement will continue to apply until terminated by either You or Megapixels as set forth below. If You object to the User Agreement or are dissatisfied with the Services, Your only recourse is to (i) close Your Account; and (ii) stop accessing the Service.
13.2 Megapixels reserves the right to terminate, discontinue, suspend, limit, or restrict Your account or Your use of the Services at any time, without notice or liability, if Megapixels so determines in its sole discretion, for any reason whatsoever. Additionally, Megapixels reserves the right to delist You or block Your future access to the Service or suspend or terminate Your Account if it believes, in its sole discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any terms of this User Agreement or anyway otherwise acted unethically.
13.3 If You or Megapixels terminate Your use of the Service, Megapixels may, subject to the terms of the Privacy Policy, delete any information relating to Your use of the Service and Megapixels will have no liability to You or any third party for doing so.
14. Indemnity
You agree to fully indemnify, defend and hold harmless Megapixels, its affiliates, associates and group companies, and their respective directors, key managerial personnel, employees, officers, shareholders, agents, representatives, sub-contractors, consultants and third-party providers from and against all losses, claims and damages including legal fees, resulting from: (i) Your violation of any terms of the User Agreement; (iii) Your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; (iv) Your breach of any applicable laws; (iv) any unauthorized, improper, illegal or wrongful use of Your account by any person, including a third party, whether or not authorized or permitted by You; and (v) Your breach of any representation, warranty, covenant or undertaking under the User Agreement or under applicable law. This indemnification obligation will survive the expiry or termination of this User Agreement and Your use of the Service.
Other Important TOCs
- Creators should only upload videos that they have made or that they’re authorized to use, this means that
they should not upload videos that they didn’t make, or use content in their videos that someone else
owns the copyright to, such as music tracks, snippets of copyrighted programs or videos made by other
users, without necessary authorizations. - We, team Megapixels will examine the content and will ask for the necessary documents as a valid proof
for the authorization of the ownership of content and then only allow to publish the content on our
channel but then also in case of any kind of the copyrighted content published by creator, he will be sole
responsible for any kind of the action taken by the original owner of the content. - Creator can offer a bid, of coins to be paid by the viewers, with the channel which will be finalized after
examining the content and discussion with the channel, is the easy way for the earning but till the time of
disbursal of funds all necessary documents which prove the ownership of the content should must be
submitted with the channel in digital format. - Creator and channel will finalize a sharing ratio by discussion for the total earning from the content and
the part of the creator will be released on a decided date every month. - Fair use is a US law that allows the reuse of copyright-protected material under certain circumstances
without getting permission from the copyright owner. However, fair use is determined on a case-by-case
basis, and different countries have different rules about when it’s acceptable to use material without the
copyright owner’s permission. In the US, works of commentary, criticism, research, teaching or news
reporting might be considered fair use, but it can depend on the situation. - Everyone has access to Megapixels Copyright Management tools, which give rightsholders control of
their copyrighted material on Megapixel. We work with rightsholders to match them to appropriate
features based on the scale of their copyrighted content on Megapixels and the resources that they’ve
dedicated to responsibly managing their content online. Our Copyright Management Suite provides a
number of ways for rightsholders to make copyright claims. - If a copyright owner submits a valid DMCA (Digital Millennium Copyright Act) complaint through our
webform, we take down that video and apply a copyright strike. If a user gets three copyright strikes in
90 days, their account, along with any associated channels, will be terminated. We also have tools to help
creators resolve their copyright strikes – including waiting for it to expire after 90 days, requesting a
retraction or submitting a counter notification. - At the time of copyright strike, any content by creator will be suspended temporarily for the time taken to
resolve the issue in case of failure of the creator his account may be suspended permanently and the due
amount earned by creator will be forfeited. - Content ID works differently. If a match between a reference file and a new upload is found, a ‘claim’ is
made. Based on the preference selected by the Content ID owner, we’ll apply a policy to track, monetize
or block, but will not issue a copyright strike. - We, Megapixels, are a platform for creators who are looking out for OTT channels to launch their content
without selling it to anybody and can earn money for life time having all kind of the rights reserved with
them but might be that some people use other’s content; this may be a punishable offence according to
the court and channel may not be liable/responsible for such kind of the activity. - All the above points mainly define in short as any kind of the content uploaded on the channel by creator
will be creator’s sole responsibility and any kind of the dispute is the part of creator itself, channel will
not be responsible for any kind of the copy right issue/ illegal content/un social content/ or any other kind
of the disputed content, necessary action may be taken against it.