Terms of Use

Last updated: February 25, 2022

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to: Karnataka, India
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Scrolls & Leaves.  The Website primarily offers a User podcasts in audio/ audio-visual format on various topics and in different languages to listen to (“Content”).
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Service refers to the Website, which primarily offers a User podcasts in audio/ audio-visual format on various topics and in different languages to listen to (“Content”). In order to enrich the User’s experience while utilizing the Website/Application, Company may offer   ancillary features (“Features”) including but not limited to submitting reviews on the Content. All material uploaded by the User while using these ancillary features shall be referred to as (“Inputs”).
  • Terms of Use (also referred as “Terms”) mean these Terms of Use that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Scrolls & Leaves, accessible from https://scrollsandleaves.com
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. If You are under 18 years of age, You must obtain consent from Your parent(s) or legal guardian(s) who will be responsible for Your acceptance and compliance of these Terms of Use. If You do not have consent from Your parent(s) or legal guardian(s), You must stop using/accessing the Website/Application.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

This is an electronic record under the Information Technology Act, 2000 and rules there under. Therefore, no signature is required to make the Terms of Use binding on the User. These Terms of Use along with the Privacy Policy have been formulated as required under Rule 3 (1) (a) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code)) Rules, 2021.

 The Services are controlled and operated within India. The Company makes no representation that content, materials or products available on or through the Services are appropriate or available for use outside of India. If You access the Services from a location outside India, You are responsible for compliance with applicable laws, including local laws regarding online conduct and content.

Intellectual Property Rights

All Content on the Website/Application belongs fully to the Company and/or its valid licensors/assignors/co-creators. You may consume the Content solely for Your personal, non-commercial use. The Content is licensed, not sold, to You by the Company. The Company provides podcasts consisting of audio content that is provided using an RSS feed and associated file so that the file may be downloaded and played from a user’s device. You may download, copy and/or transfer a podcast to a device only for Your personal, noncommercial use, and You also may link to podcasts from Your site, application, platform or service subject to the restrictions in “Use of Content“.

 The Service and all components thereof including the Website/Application and all logos, trademarks, brand names, service marks, domain names, including designs, and graphics created by and developed by the Company on the Website/Application and used in the Content and other distinctive brand features of the Website/Application/Content are exclusively owned by the Company and all intellectual property rights vested therein belong to the Company and/or its valid licensors/assignors/co-creators.

 You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works of, scrape for the purposes of replicating or republishing (by You or by third parties) publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the Website/Application without the prior written consent of the Company, except as provided in these Terms of Use. All rights not expressly granted in these Terms of Use are reserved to the Company.

Content Feeds

The Company may provide Content feeds on or through the Website/Application, consisting of a selection of headlines, summaries or text blurbs, and links to full stories (collectively, the “Content Feeds“). You may display, excerpt from, and link to the Content Feeds on Your personal site or application, provided that You abide by the restrictions in “Use of Content “. If You display an entire Content Feed on Your personal site or application, You may not redistribute the Content Feed and You must provide attribution to the Company adjacent to the Content Feed, by including “Scrolls & Leaves” in text adjacent to the Content Feed.

Use of content

To use Content Feeds, and Content, You agree to the following conditions and acknowledgements:

1.     all Content must be streamed from the originating servers and not re-host/stream the Content through any other server;

2.     the Content may be used only for personal non-commercial and You may not access the Website/Application or obtain the Content through any means other than as permitted.

3.     Your use is for non-promotional, internet-based purposes only, including desktop gadgets, blog posts, widgets, and applications.

4.     You shall not use the Content in any way that is unlawful or harmful.

5.     You must not use, misuse or misappropriate the trademarks, logo or any design of the Website/Application, which are owned/used by the Company for any unauthorized purpose.

6.     You must provide attribution for the content source by including “Scrolls & Leaves Podcast” in text in connection with the Content, but not in the title of any publicly available application and provide a link back to the Content’s source site.

7.     You may not insert any intermediate page, splash page, pre-roll advertising or sponsorship messages, post-roll advertising or sponsorship messages, or other content between the links contained within the Content and the applicable Website/Application page.

8.     Your use or display of the Content does not suggest that the Company promotes or endorses You or any third party or the causes, ideas, sites, applications, platforms, products or services of You or any third party.

9.     all links to Content redirect the user to the Website/Application when the user clicks on them.

10.  You shall not copy, translate, create a derivative work of, sell, distribute, or sublicense any Content.

11.  You shall not add to, delete, or modify any audio, video, headlines, text, links, or other content contained in the Content.

12.  You shall not use the Content in any way that changes or distorts its fundamental meaning.

13.  any other use of the Content or the trademarks, service marks, trade names, logos, domain names or other distinctive Scrolls & Leaves brand features or the brand features of any particular Content requires the prior written permission of the Company.

14.  The Company has the right to withdraw any and all content at any time in their discretion;

15.  upon the request of the Company, You shall promptly cease all use of, and remove from Your sites, applications, platforms, and services, any and all uses of the Content.

16.  You may not trace any information pertaining to another User or exploit any such information, including storing and collecting the same.

17.  You must

                    i.     not probe, scan or test the vulnerability of the Website/Application

                    ii.     not disrupt or breach the security or authentication measures or circumvent the navigational structure, with respect to the Website/Application or the network

                   iii.     not use any manual or automated software, devices or other processes to “crawl” or “spider” any part of the Website/Application

                   iv.     not use cheats, exploits, automation, software, bots, hacks or any unauthorised third-party software to modify or interfere with the Services or in any manner to gain undue advantage from the Services or features

                    v.     not place an unreasonable burden on the Company’s infrastructure.

18.  You must not engage in any unfair conduct or engage in any other fraudulent/wrongful activity on the Website/Application or in relation to the use of the Content.

 Company Rights

User acknowledges the following rights of the Company:

 a.      Enforcement: To monitor Users’ compliance with these Terms of Use and all other policies and guidelines of the Company while using the Services and to enforce such compliance in accordance with the enforcement mechanism determined by it.

b.     Personal Data: Company shall process the personal data of the Users in accordance with the Privacy Policy.

c.      Legal disclosure: Company may disclose the details of any User or take any other action as required under law or a lawful order by government agencies who are authorized to investigate any cyber security incidents.

d.     Enhance security measures: Company may put in place enhanced security and technical measures from time to time to prevent and tackle violation of any applicable law.

e.      Continuity of Services: The reserves the right to change, terminate or suspend the Services, any features of the Services (including, but not limited to, Content Feeds, Content), and any content or materials contained in the Services, in any way, at any time and for any reason or no reason.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Limitation of Liability

You are solely responsible to the Company and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which the Company or its affiliates or its Users may suffer for any such breach).

Indemnity: User shall indemnify and shall keep indemnified, save, defend and hold harmless the Company, its Affiliates and their respective directors, employees, successors and assigns from and against any and all losses, liabilities, expenses, damages (whether or not resulting from third party claims) (i) breach by the User of these Terms of Use or any other policies/guidelines issued by the Company from time-to-time with respect to use of the Services/Website/Application and/or Content (iii) negligence or willful misconduct. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.

No Indirect Liability: Company disclaims any and all special, incidental, indirect, consequential or punitive damages, losses costs towards any User or third party arising from the provision of Services or use of the Website/Application by others.

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

The Content is purely for entertainment purpose and is not intended to substitute for professional advice of any kind, including medical, technical, or financial advice.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. If any User is affected by any Content which violates these Term of Use, including the Content Guidelines, User can write their concerns to scrollsandleaves@gmail.com with the following details, as applicable. Company shall resolve the concerns within fifteen (15) days.

 –       The complainant’s name and contact details such as address, telephone number and valid email address

–       Description of the Content which are violating the Terms of Use

–       The nature of complaint against the Content

–       The details of the URL where such Content is hosted

–       Supporting documents/sources, if applicable, to substantiate the complaint

–       Complaint document to be duly signed physically or by electronic signature

You may also contact us for any issues related to the Privacy Policy, or any other grievance in relation to the collection, usage and processing of your personal information.

Severability and Waiver

Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver: Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website/Application following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms of Use. Any amendment or waiver to our Terms of Use must be in writing and signed by us.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Miscellaneous

Disputes: The Users expressly agree that the Terms of Use, Privacy Policy and any other agreements entered between the Company and User(s) are governed by the laws, rules and regulations of India, and that the Courts at Bangalore shall have exclusive jurisdiction over any disputes arising between the Parties.

Conflict: In case of any conflict arising in the interpretation of the Terms of Use in English and any other language as it may be made available in on the Website/Application, the terms of the English version shall prevail.

Assignment: The rights and obligations under these Terms of Use are granted only to You and shall not be assigned to any third party without our consent. However, We are permitted to assign our rights and obligations under these Terms of Use to others. This can happen when, for example, We enter into a merger with another company and create a new company.

Rights Reserved: We reserve all rights not expressly granted to You.

Contact Us

If you have any questions about these Terms of Use, You can contact us:

  • By email: scrollsandleaves.com
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