Terms of Service

   

Welcome to Praguni!

Ventures Pvt. Ltd. provides access to www.praguni.com website (“Website”) subject to the conditions set out below. Please read these conditions carefully before using the Website. By using the Website, you signify your agreement to be bound by the conditions in the User Agreement, Privacy Policy and other terms which govern the Website (collectively referred to as “Terms”).

This User Agreement (“Agreement”) contains legal and binding terms between the User (“User” or “You”, including its cognate expressions) of the Services, as defined below, and Praguni Ventures Pvt. Ltd. (“Praguni”, “We” or “Us”, including its cognate expressions). The Terms govern your use of Praguni owned products, services, features and functionalities (collectively, “the Services”). By accessing the Website or accepting the terms in any other manner, you agree and consent to be bound by the Terms.

The Terms are system generated, stored and accessible electronically, in terms of the Information Technology Act, 2000 (India) and rules made thereunder, and does not required physical copy or electronic/ digital signature.

1. Description of service

1.1 Praguni is a subscription-based platform, available to Users across the globe, which offers, recommends and makes available in a discoverable manner, electronic media content (audio-visual) primarily in Kannada language. Praguni also offers personalised service in the form of recommendations, reviews and other functionalities relating to the content hosted on the Website.

1.2 Praguni provides a platform to source and aggregate content for Users. Praguni hosts a lot of content on its Website, which are created by third parties and content creators. Praguni may also produces and own some content.

1.3 Praguni also endeavours to provide a platform and promote young talent who create films or documentaries. Praguni encourages creation of impactful and significant content – socially, technically or culturally.

1.4 Contents on the Website are accessible on membership basis, as detailed below. If you are below the age of 18 years, you may use the services only with the involvement or supervision of parents or guardian.

1.5 Some content may not be suitable or appropriate for some viewers, especially children. Therefore, viewer/ parental discretion is advised. Parents or legal guardians are advised to be mindful of applicable laws while exercising discretion before allowing their children or ward(s) to view the contents.

1.6 Contents of the Website are accessible on personal computer, smartphones, portable media devices or other devices which meet our compatibility requirements. Praguni may establish such compatibility requirements from time to time as may be deemed appropriate. The compatibility requirements may be varied at any time without prior notice.

1.7 Our contents are currently available through the Website. Praguni is in the process of developing such other interface including mobile apps to add to the versatility and access through various platforms or devices.

2. Membership

2.1 Access to Praguni contents is available through creation of membership account with unique user name and password. Specific details will be sought from the User at the time of creation of account. Such details will be governed by Praguni Privacy Policy.

2.2 Praguni may offer various membership plans and payment options, including in conjunction with third parties. Where membership to Praguni is offered bundled with any third-party product or service, Praguni is not responsible for such third-party products or services. There may be specific terms which differ from plan to plan, which will be disclosed at the time of sign-up.

2.3 Praguni may make some content available free of charge at its sole discretion. Praguni may also allow limited trial period during which full access to the contents may be available. Praguni may determine eligibility, conditions and duration of such trial period so as to prevent its abuse.

3. User account & activity

3.1 The contents on the Website can be accessed by creation of a user account. By creating a user account, the User conveys a standing and continuing agreement with all the Terms governing the use of the Website, including any modifications thereto made by Praguni from time to time.

3.2 By accessing the Website or creating an account, the User confirms and warrants that information provided is correct, accurate, and complete information as required for sign-up and creation of membership. User agrees to keep all the information updated at all times.

3.3 By creating an account, you declare to be a major by age (18 years generally, subject to local laws). If you are parent or guardian of a minor who is accessing or using the Website under your supervision or involvement, you agree and understand that you are responsible for monitoring and supervising your child or ward’s usage of the Services.

3.4. The total duration of the short film including opening and closing credits should be less than 45 minutes. However, opening and closing credits cannot exceed a combined time of 2 minutes and 30 seconds

3.5 The Website provides for the option of rating and reviewing the contents. Users are requested to avoid use of profane or abusive language. Praguni reserves the right to monitor and curate the reviews and comments on the Website.

3.6 The User is responsible for all activity that occurs under your account, including any unauthorised activity. The User is responsible for the safeguard and confidentiality of user credentials. In case of any unauthorised use, the User must immediately notify Praguni. Praguni will not be liable for any unauthorised access to your account or any damage to any computer network or system due to such authorised access. Where unauthorised access is reported, Praguni may provide such technical support as may be possible to restore the user account and settings, without incurring any liability whatsoever on account of unauthorised access.

3.7 The User hereby authorises the logging and monitoring of usage data by Praguni. Praguni may use such data particularly for the purpose of research and development of product and service and for the enhancement of user experience on the Website.

3.8 Praguni reserves the right to suspend user account from the Website, and bar you from using the platform even in the future.

4. Use of service

4.1 Praguni grants the user a non-transferable, non-sublicensable, non-exclusive right to access the Services. The Services are exclusively for personal and non-commercial use.

4.2 Praguni may vary the availability and access to the contents at any time at its sole discretion with or without any reason. Availability and access may also be varied depending on geographical location of user, subscription plan, terms and conditions with content creators or other legal or contractual obligations of Praguni.

5. Geographic variations

5.1 Due to legal, technical or contractual restrictions, some contents, including audio, video and subtitles may be varied or not available at all locations or countries.

5.2 By accessing the contents of the Website, you specifically permit and consent to access of geographical locations, mac and IP address details of your system, by Praguni.

5.3 The User agrees not to use the Services or access the contents by means of or with the help of any mechanism, method, technique or technology to conceal, obscure, disguise or falsify geo-location and system/ network data. If any unauthorised access is detected, not only will the User be solely responsible for any legal action by any person, but Praguni may also take such action to prevent future unauthorised use and to penalise such illegal action.

6. Termination of membership

6.1 User may cancel or terminate the membership or user account at any time. Refund on cancellation or termination will be dependent on the subscription plan which was opted and may vary from plan to plan.

6.2 Praguni reserves the right to terminate your access to the Website at its sole discretion without assigning any reason. Where Praguni terminates access or the Website under this clause, pro rata refund of subscription fees will be given.

6.3 Praguni reserves the right to suspend or terminate user account for any breach of the Terms. Praguni may do so without any prior notice, except where required by law. If Praguni terminates or deletes your account for any breach of the Terms, you may not be allowed to re-register, either permanently or for such period as may be determined by Praguni.

7. Privacy

7.1 This Agreement must be read along with Praguni Privacy Policy, which is also binding on the User.

8. Licenses and intellectual property

8.1 Subject to the Terms, Praguni grants the User non-transferable and non-exclusive right to stream or download (if offered) the contents hosted on the Website for personal entertainment purposes only. All grants, rights, titles or interest not expressly granted herein are reserved.

8.2 Praguni and creators of the various content reserve all rights to the contents made available on the Website. The User does not obtain any right, title or interest in the intellectual property relating to the Website, the contents hosted thereon or Praguni. The User only get a limited non-exclusive access to view, stream or download the content for personal use and entertainment purposes only.

8.3 The User acknowledges that Praguni, its affiliates or licensors own or control in perpetuity all rights relating to contents hosted on the Website and that the contents are protected by all intellectual property laws. The User agrees to use the Services, in the limited and permitted manner, without violating or infringing any intellectual property.

8.4 The User shall not, either directly or indirectly, with the aid of any software, system, protocol, code, technique, technology, mechanism, device, service or otherwise, copy, download (except as permitted), capture, reproduce, duplicate, achieve, publish, modify, translate, broadcast, exhibit, distributed, redistribute, sell, resell, share the account, stream, display, transmit, retransmit or otherwise make available the contents of the Website, publicly or privately, to any person other them the User or the household members.

8.5 The User shall not commercially exploit the contents in any manner whatsoever. The User will be liable to strict legal action for any breach of the conditions hereof, including rendition of accounts, remittance of turnover, handing over of all copies of the content including any physical device or medium in which content is stored, and damages as estimated by Praguni. The rights of Praguni under this clause shall be independent, exclusive and without prejudice to the rights of any third-party or content creator or content owner. No claim by any third-party will impinge or prejudice the rights of Praguni.

8.6 To the extent that you submit any information to us (i.e. in your profile, rating, films liked) you grant us an irrevocable, worldwide, non-exclusive, royalty free, perpetual right and license to use, copy, transmit, display such information in accordance with Praguni Privacy Policy.

9. Code of conduct

9.1 In using the service of the platform, you agree not to act in a deceptive manner or impersonate any person. You agree not to indulge in any unlawful or criminal activity, including but not limited to harassment, stalking or cyber-bullying.

9.2 While using our services, you agree not indulge in collecting personal information about any other persons, and access or try to access another user’s account without permission.

9.3 In addition, you will not, except as authorised by law or as permitted by us scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of the Website’s services, or attempt to circumvent any of our security, filtering, or digital rights management measures, and will not submit any malicious programme, script, or code.

9.4 By entering into this Agreement, you agree that while using our service you will not submit unreasonable number of requests to our servers, or take any other actions to manipulate, interfere with, or damage the Website and the Services.

9.5 The User confirms and warrants not to use any software, system, protocol, code, technique, technology, mechanism, device or service to violate the Terms, alter, bypass or interfere with security and other protocols of the Website or violate or infringe any intellectual property rights of Praguni or any third-party.

10. Disclaimer of warranties

10.1 Your use of the service of the platform and any programme offered by the platform is at your own risk. Praguni provides the platform’s service on an “as is” and “as available” basis, without warranties of any kind, either express or implied. Content Providers provide films or the content on an “as is” and “as available” basis, without warranties of any kind, either express or implied. Praguni and each content provider disclaim all warranties, expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10.2 We do not guarantee that you will be able to use the Services at all times, or view any film uninterrupted, error-free or displayed at any particular resolution. The quality of your viewing experience is dependent on a number of factors, including the device in which you are using and the bandwidth of your internet connection.

10.3 Praguni shall not be liable for non-availability of services occasioned by operation of law, force majeure, Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, military action, insurgency, civil disturbance, government action, directions of courts/ tribunals, or any other cause whatsoever beyond the control of Praguni.

10.4 Without limiting the above, Praguni makes no representations or warranties concerning the availability of the Services in any particular jurisdiction, availability of the Services for any particular device, operating system or browser, and the continued support for a particular feature of the Services. Praguni does not guarantee the viewing quality of any film or content. We do not warrant that the Services will meet your requirements/ expectations.

10.5 Subject to applicable law, Praguni is not responsible or liable for the legality or otherwise of the content or concept of the content. However, Praguni may, on being notified by the proper authority or by the User, take such in respect of complaints relating to violation of intellectual property rights or objectionable contents as per its policies.

10.6 Praguni does not guarantee the suitability of any of the content for any particular audience. Viewer discretion is advised. All opinions, statements, depictions, etc. contained in the contents are those of the creator(s) only. Praguni shall not be liable for any violation of law or offence by the content(s) or the content creator(s).

11. Limitation of liability

11.1 Subject to applicable law, Praguni, its directors, officers, employees, representatives, consultants, agents, supplier, and partners, shall not be liable for:

a. Any damage, loss, liability, injury or disappointment suffered by the User. We will also not be liable for any damage suffered by your computer while downloading or uploading material related to the contest from the platform or elsewhere.

b. Any direct, indirect, subsequent or consequential damage to your data, goodwill or reputation.

11.2 Without prejudice to the above, under no circumstances shall Praguni, its directors, officers, employees, affiliates, agents, contractors, principals, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the services or any content or material thereof or for any other claim related thereto, including, but not limited to, any errors or omissions in any content or material, or any loss or damage of any kind incurred as a result of the use of the services or any content or material thereof, even if advised of their possibility. In any event, Praguni’s monetary liability for the services or the content or material thereof on the site shall be limited to INR 1,000/-. Where the laws do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, Praguni’s liability shall be limited to the extent permitted by law.

11.3 We partner with third party service providers solely for the provision of certain limited services, but these third parties are not our agencies/employees, and therefore Praguni will not be held liable for any of their acts or omissions.

11.4 The foregoing limitations apply to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not Praguni has been informed of the possibility of such damage, and whether a remedy set forth herein is found to have failed the purpose towards which it was directed.

12. Reporting infringement

12.1 Reporting of any infringement of intellectual property can be made as per Praguni Infringement Reporting Policy.

13. Indemnification

13.1 You agree to defend, indemnify and hold harmless Praguni, its affiliates, officers, directors, employees and agents, from and against any and all legal actions, claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:

a. Your use of and access to the Services

b. Your violation of any term of these Terms

c. Your violation of any third party right, including without limitation any privacy or intellectual property rights

d. Your breach of any applicable laws

e. any unauthorised, improper, illegal or wrongful use of your user account by any person, including a third party, whether or not authorised or permitted by you.

13.2 Praguni as an indemnified party may enforce any resultant indemnification rights. User agrees to extend full co-operation to Praguni in case any matter or case is instituted against Praguni as a result of any event mentioned in clause 13.1 above.

13.3 No third parties shall have any right under this Agreement.

14. Modifications

14.1 The Terms may be amended, modified or altered from time to time at the sole discretion of Praguni It shall be the responsibility of the User to stay updated and informed of any such changes. Your continued association with us will invariably mean that you are informed and updated on all such changes. You may not receive a separate notification of any changes in the Terms.

15. Communications

15.1 All communications between Praguni and the User shall be in electronic form only. Praguni will make all required, permitted or authorised communications to the User at the Registered electronic mail and/or phone number only.

15.2 Viewers and Users are welcome to make suggestions or raise queries with Praguni through email addressed to info@praguni.com.

15.3 For any help or assistance in using the Website, you refer to the frequently asked questions page or contact us at info@praguni.com.

15.4 Notices of legal nature may be addressed to

Communications Manager/ Legal Manager
Praguni Ventures Pvt. Ltd.
No. 69, 3rd Floor, 3rd Main Road
Poorna Pragna Layout, Banashankari 3rd Stage
Bengaluru 560085
Karnataka, India
Email: legal@praguni.com

16. Governing laws

16.1 The relationship between the User and Praguni and all matters relating to the Services are governed by the laws of India. Courts in Bengaluru shall have exclusive jurisdiction in respect of all proceedings under the Agreement.

17. Severability

17.1 If any provision of this Agreement or the Terms is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any provision of this Agreement is held to invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be interpreted so as best to effectuate the intent of the Company and the Employee.

18. Survival

18.1 For the removal of doubt, the following provisions/ clauses shall survive the expiry or termination of this Agreement, namely, Clause 6 – Termination of membership, Clause 7 – Privacy, Clause 8 – Licenses and intellectual property, Clause 9 – Code of conduct, Clause 10 – Disclaimer of warranties and Clause 11 – Limitation of liability, Clause 13 – Indemnification, Clause 15 – Communications, Clause 16 – Governing laws, Clause 17 – Severability and Clause 18 – Survival.

 

Praguni Privacy Policy

Praguni Infringement Reporting Policy

Praguni Kannada Short Film Fest 2020