Terms and Conditions for using Venkia Service

1. Your Acceptance

A.By using or visiting the Venkia website or any Venkia products, software, data feeds, and services
provided to you on, from, or through the Venkia website (collectively the 'Service') you signify your
agreement to
(1) these terms and conditions (the 'Terms of Service'),
(2) Venkia's privacy notice, found at http://venkia.com/privacypolicy.php If you do not agree to any of
these terms, the Venkia privacy notice, please do not use the Service.

B. Although we may attempt to notify you when major changes are made to these
Terms of Service,you should periodically review the most up-to-date version
http://venkia.com/termsofuse.php   Venkia may, in its sole discretion, modify or revise these
Terms of Service and policies at any time, and you agree to be bound by such modifications
or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights
or benefits.

2. Service

A. These Terms of Service apply to all users of the Service, including users who are also
contributors of Content on the Service. “Content” includes the text, software, scripts, graphics,
photos, sounds, music, videos, audiovisual combinations, interactive features and other materials
you may view on, access through, or contribute to the Service. The Service includes all aspects of
Venkia, including but not limited to all products, software and services offered via the Venkia website,
such as the Venkia channels, the Venkia 'Embeddable Player,' the Venkia 'Uploader' and other
applications.

B.The Service may contain links to third party websites that are not owned or controlled by Venkia.
Venkia has no control over, and assumes no responsibility for, the content, privacy policies, or
practices of any third party websites. In addition, Venkia will not and cannot censor or edit the
content of any third-party site. By using the Service, you expressly relieve Venkia from any and all
liability arising from your use of any third-party website.

C.Accordingly, we encourage you to be aware when you leave the Service and to read the terms and
conditions and privacy policy of each other website that you visit.

3. Venkia Accounts

A.In order to access some features of the Service, like Uploading videos, audios, photos, embedding
of videos audios, photos, webcam uploader, Youtube embedder , you will have to create
a Venkia account. You may never use another's account without permission. When creating
your account, you must provide accurate and complete information. You are solely responsible
for the activity that occurs on your account, and you must keep your account password secure.
You must notify Venkia immediately of any breach of security or unauthorized use of your account.

B.Although Venkia will not be liable for your losses caused by any unauthorized use of your
account, you may be liable for the losses of Venkia or others due to such unauthorized use.

4. General Use of the Service-Permissions and Restrictions

Venkia hereby grants you permission to access and use the Service as set forth in these
Terms of Service, provided that:
A.You agree not to distribute in any medium any part of the Service or the Content without
Venkia's prior written authorization, unless Venkia makes available the means for such
distribution through functionality offered by the Service (such as the Embeddable Player).

B.You agree not to alter or modify any part of the Service.
C.You agree not to access Content through any technology or means other than the video
playback pages of the Service itself, the Embeddable Player, or other explicitly authorized
means Venkia may designate.

D.You agree not to use the Service for any of the following commercial uses unless you
obtain Venkia's prior written approval: of the sale of access to the Service; the sale of
advertising, sponsorships, or promotions placed on or within the Service or Content; or
the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or
website containing Content delivered via the Service, unless other material not obtained from
Venkia appears on the same page and is of sufficient value to be the basis for such sales.

E.Prohibited commercial uses do not include:
uploading an original video to Venkia, or maintaining an original channel on Venkia, to promote
your business or artistic enterprise; showing Venkia videos through the Embeddable Player on
an ad-enabled blog or website, subject to the advertising restrictions set forth above in Section 4.D;
or any use that Venkia expressly authorizes in writing.

F.If you use the Embeddable Player on your website, you may not modify, build upon, or block any
portion or functionality of the Embeddable Player, including but not limited to links back to the Venkia
website.

G.If you use the Venkia Uploader, you agree that it may automatically download and install updates
from time to time from Venkia. These updates are designed to improve, enhance and further develop
the Uploader and may take the form of bug fixes, enhanced functions, new software modules
and completely new versions. You agree to receive such updates (and permit Venkia to deliver these
to you) as part of your use of the Uploader.

H.You agree not to use or launch any automated system, including without limitation, 'robots,' 'spiders,'
or 'offline readers,' that accesses the Service in a manner that sends more request messages to the
Venkia servers in a given period of time than a human can reasonably produce in the same period by
using a conventional on-line web browser. Notwithstanding the foregoing, Venkia grants the operators
of public search engines permission to use spiders to copy materials from the site for the sole purpose
of and solely to the extent necessary for creating publicly available searchable indices of the materials,
but not caches or archives of such materials. Venkia reserves the right to revoke these exceptions either
generally or in specific cases. You agree not to collect or harvest any personally identifiable information,
including account names, from the Service, nor to use the communication systems provided by the
Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit,
for commercial purposes, any users of the Service with respect to their Content.

I.In your use of the Service, you will comply with all applicable laws.

J.Venkia reserves the right to discontinue any aspect of the Service at any time.

5. Your Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply
specifically to your use of Content.

A.The Content on the Service, and the trademarks, service marks and logos ('Marks') on the
Service, are owned by or licensed to Venkia, subject to copyright and other intellectual
property rights under the law.

B.Content is provided to you AS IS. You may access Content for your information and
personal use solely as intended through the provided functionality of the Service and as
permitted under these Terms of Service. You shall not download any Content unless you
see a “download” or similar link displayed by Venkia on the Service for that Content. You shall
not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit
any Content for any other purposes without the prior written consent of Venkia or the respective
licensors of the Content. Venkia and its licensors reserve all rights not expressly
granted in and to the Service and the Content.

C.You agree not to circumvent, disable or otherwise interfere with security-related features
of the Service or features that prevent or restrict use or copying of any Content or enforce
limitations on use of the Service or the Content therein.

D.You understand that when using the Service, you will be exposed to Content from a variety
of sources, and that Venkia is not responsible for the accuracy, usefulness, safety, or intellectual
property rights of or relating to such Content. You further understand and acknowledge that you
may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree
to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have
against Venkia with respect thereto, and, to the extent permitted by applicable law, agree to indemnify
and hold harmless Venkia, its owners, operators, affiliates, licensors, and licensees to the fullest
extent allowed by law regarding all matters related to your use of the Service.

6. Your Content and Conduct

A.As a Venkia account holder you may submit Content to the Service, including videos and
user comments You understand that Venkia does not guarantee any confidentiality with
respect to any Content you submit.

B.You shall be solely responsible for your own Content and the consequences of submitting
and publishing your Content on the Service. You affirm, represent, and warrant that you own or
have the necessary licenses, rights, consents, and permissions to publish Content you submit;
and you license to Venkia all patent, trademark, trade secret, copyright or other proprietary rights in
and to such Content for publication on the Service pursuant to these Terms of Service.

C.For clarity, you retain all of your ownership rights in your Content. However, by submitting
Content to Venkia, you hereby grant Venkia a worldwide, non-exclusive, royalty-free,
sublicenseable and transferable license to use, reproduce, distribute, prepare derivative
works of, display, and perform the Content in connection with the Service and Venkia's
(and its successors' and affiliates') business, including without limitation for promoting and
redistributing part or all of the Service (and derivative works thereof) in any media formats
and through any media channels. You also hereby grant each user of the Service a
non-exclusive license to access your Content through the Service, and to use, reproduce,
distribute, display and perform such Content as permitted through the functionality of the
Service and under these Terms of Service. The above licenses granted by you in video
audio picture Content you submit to the Service terminate within a commercially reasonable
time after you remove or delete your videos audios pictures from the Service.
You understand and agree, however, that Venkia may retain, but not display, distribute,
or perform, server copies of your videos audios pictures that have been removed or
deleted. The above licenses granted by you in user comments you submit are perpetual
and irrevocable.

D.You further agree that Content you submit to the Service will not contain third party
copyrighted material, or material that is subject to other third party proprietary rights, unless
you have permission from the rightful owner of the material or you are otherwise legally
entitled to post the material and to grant Venkia all of the license rights granted herein.

E.You further agree that you will not submit to the Service any Content or other material that
is contrary to the Venkia, terms of use which may be updated from time to time, or contrary
to applicable local, national, and international laws and regulations.

F.Venkia does not endorse any Content submitted to the Service by any user or other
licensor, or any opinion, recommendation, or advice expressed therein, and Venkia expressly
disclaims any and all liability in connection with Content. Venkia does not permit copyright
infringing activities and infringement of intellectual property rights on the Service, and Venkia
will remove all Content if properly notified that such Content infringes on another's
intellectual property rights. Venkia reserves the right to remove Content without prior notice.

7. Account Termination Policy

A.Venkia will terminate a user's access to the Service if, under appropriate circumstances,
the user is determined to be a repeat infringer.

B.Venkia reserves the right to decide whether Content violates these Terms of Service for
reasons other than copyright infringement, such as, but not limited to, pornography, obscenity,
or excessive length. Venkia may at any time, without prior notice and in its sole discretion, remove
such Content and/or terminate a user's account for submitting such material in violation of these
Terms of Service.

8. Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your
copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ('DMCA')
by providing our Copyright Agent with the following information in writing A physical or electronic
signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed;Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification, a representative list
of such works at that site; Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is to be disabled and
information reasonably sufficient to permit the service provider to locate the material; Information
reasonably sufficient to permit the service provider to contact you, such as an address, telephone
number, and, if available, an electronic mail; A statement that you have a good faith belief that use
of the material in the manner complained of is not authorized by the copyright owner, its agent,
or the law; and A statement that the information in the notification is accurate, and under penalty
of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed.Venkia's designated Copyright Agent to receive notifications of claimed infringement is:
Email: copyright@Venkia.com
for clarity, only DMCA notices should go to the Copyright Agent;
any other feedback, comments, requests for technical support, and other
communications should be directed to Venkia customer service through
Email: customerservice@venkia.com
You acknowledge that if you fail to comply with all of the requirements of this Section 5(D),
your DMCA notice may not be valid.

B.Counter-Notice.
If you believe that your Content that was removed (or to which access was disabled)
is not infringing, or that you have the authorization from the copyright owner, the copyright
owner's agent, or pursuant to the law, to post and use the material in your Content, you
may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;Identification of the Content that has been removed
or to which access has been disabled and the location at which the Content appeared
before it was removed or disabled; A statement that you have a good faith belief that the
Content was removed or disabled as a result of mistake or a misidentification of the
Content; and Your name, address, telephone number, and e-mail address, a statement
that you consent to the jurisdiction of the high court in INDIA
and a statement that you will accept service of process from the person who provided
notification of the alleged infringement.If a counter-notice is received by the Copyright
Agent, Venkia may send a copy of the counter-notice to the original complaining party
informing that person that it may replace the removed Content or cease disabling it in
10 business days. Unless the copyright owner files an action seeking a court order against
the Content provider, member or user, the removed Content may be replaced, or access to
it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Venkia's
sole discretion.

9. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, VENKIA, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. VENKIA MAKES NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS
OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES,
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO
OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR
(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. VENKIA DOES NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY
HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
VENKIA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.

10. Limitation of Liability

IN NO EVENT SHALL VENKIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE
TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY
(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF OUR SERVICES,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES,
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR
(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT VENKIA SHALL NOT BE LIABLE FOR CONTENT OR THE
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF
HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by Venkia from its facilities in INDIA. Venkia makes no
representations that the Service is appropriate or available for use in other locations. Those who access or
use the Service from other jurisdictions do so at their own violation and are responsible for compliance with local law.

11. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Venkia, it’s
officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
(i) your use of and access to the Service;
(ii) your violation of any term of these Terms of Service;
(iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or
(iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

12. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess
legal parental or guardian consent, and are fully able and competent to enter into the terms,
conditions, obligations, affirmations, representations, and warranties set forth in these Terms
of Service, and to abide by and comply with these Terms of Service. In any case, you affirm
that you are over the age of 13, as the Service is not intended for children under 13. If you are
under 13 years of age, then please do not use the Service. There are lots of other great web
sites for you. Talk to your parents about what sites are appropriate for you.

13. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred
or assigned by you, but may be assigned by Venkia without restriction.

14. General

You agree that:
(i) the Service shall be deemed solely based in INDIA; and
(ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction
over Venkia, either specific or general, in jurisdictions other than INDIA
These Terms of Service shall be governed by the internal substantive laws of INDIA
, without respect to its conflict of laws principles. Any claim or dispute between
you and Venkia that arises in whole or in part from the Service shall be decided exclusively by a
court of competent jurisdiction located in INDIA These Terms of Service,
together with the Privacy Notice at http://venkia.com/privacypolicy.php and any other
legal notices published by Venkia on the Service, shall constitute the entire agreement between
you and Venkia concerning the Service. If any provision of these Terms of Service is deemed
invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the
validity of the remaining provisions of these Terms of Service, which shall remain in full force
and effect. No waiver of any term of this these Terms of Service shall be deemed a further or
continuing waiver of such term or any other term, and Venkia's failure to assert any right or
provision under these Terms of Service shall not constitute a waiver of such right or provision.
Venkia reserves the right to amend these Terms of Service at any time and without notice, and
it is your responsibility to review these Terms of Service for any changes. Your use of the Service
following any amendment of these Terms of Service will signify your assent to and acceptance
of its revised terms. YOU AND VENKIA AGREE THAT ANY CAUSE OF ACTION ARISING OUT
OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE
CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED.

Updated on : 5th September 2012