Terms and Conditions

This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed there under. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This website, www.namukini.com (“Website”), is owned and operated by Kynkyny Media Private Limited, a company incorporated under Indian law, having its registered office at 104, Embassy Square, 148 Infantry Road, Opp. Commissioner’s Office, Bangalore 560001 (“We”, “Us”, “Kynkyny Media” or “Our”, which shall mean and include its affiliates, successors and assigns).

Your (“User”, “You” or “Your”, which shall mean and include its legal heirs and representatives) use of the Website is subject to and governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including all policies which are incorporated herein by way of reference. You acknowledge and agree that by mere use of the Website, You shall be contracting with Kynkyny Media and these Terms of Use constitute Your binding obligations with Kynkyny Media. These Terms of Use shall be enforceable against You in a the same manner as any other written agreement.

We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for any updates / changes. Your continued use of the Website subsequent to such changes will indicate and imply Your acceptance to such revisions.

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR ACCEPTANCE TO ALL THE TERMS AND CONDITIONS HEREIN. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PROCEEDING. IF YOU DO NOT AGREE WITH THE SAME, PLEASE DO NOT USE THIS WEBSITE.

The Terms of Use apply to all users of the Website, including users who are also Content contributors.

1. About Us

1.1 Kynkyny Media is, inter alia, engaged in the business of creating, developing, hosting, broadcasting and promoting television, internet and radio programs, talk shows, conferences and various other events.

1.2 We also conduct seminars, workshops and provide the users with an opportunity to interact with other users of the Website, whether in the form of blogs, comments, opinions or otherwise.

2. Use of the Website

2.1 If You wish to use the Website such as, accessing certain content or uploading content on the Website, You may be required to furnish certain information and details, including Your name, e-mail id, and any other information deemed necessary by the Website (“Information”). You shall ensure that the Information is true, complete, accurate and up-to-date at all times.
2.2 You will use the Website only if You are a natural person. If You are less than 18 years of age, You will use the Website only if You have parental guidance or You receive consent from Your legal guardian.

3. Licence

Subject to Your compliance with the Terms of Use, We grant You a personal, non-commercial, non-exclusive, non-transferable, revocable, limited licence to enter and use the Materials and the Website.

4. Prohibited Use

The Website may be used only for lawful purposes. Kynkyny Media specifically prohibits any use of the Website for, and You agree not to use the Website for, any of the following purposes:

4.1 Copying, modifying, publishing, transmitting, distributing, displaying, performing, participating in the transfer or sale of, create derivative works on, or in any way exploiting, any of the copyrighted Material contained on the Website, in whole or in part, without Our prior written consent; or

4.2 Subleasing, leasing, selling, assigning, transferring, distributing, renting, permitting concurrent use of, or granting other rights in any Material provided on the Website to any third party;

4.3 Download any Materials or User Content unless You see a ‘download’ or similar link displayed on the Website by reference; or

4.4 Using any robot, spider or any other data mining technology or automatic or manual process to monitor, cache, extract data from, copy or distribute the Materials or User Content on the Website (except as may be a result of standard Internet browser or search engine).

5. User Content

5.1 The Website may provide You and other users with the opportunity to participate in forums, blogs, social networking, social communities and other communication functionalities and may provide You with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, distribute or broadcast content and materials to Us (“User Content”).

5.2 Uploading User Content on the Website amounts to publishing the User Content. By uploading the User Content on the Website, You understand that all users visiting the Webs will be able to view the User Content.

5.3 Except as otherwise described on the Website, Kynkyny Media does not assume any obligation of any kind to You or any third party with respect to Your User Content. You specifically acknowledge that Kynkyny Media shall not be liable for User Content or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with You.

5.4 The User Content posted or expressed on the Website are not necessarily that of Kynkyny Media. We do not undertake to monitor or review the User Content the same is not Our responsibility.

5.5 You grant to Kynkyny Media unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, publicly perform, transmit, publish, broadcast, modify, reformat, translate, archive, store, cache, make derivative works of, or otherwise use and exploit in any manner whatsoever, all or any portion of Your User Content for any purpose whatsoever in all formats, on or through any media.

5.6 You agree not to use or encourage, or permit others to use, the Website to:
5.6.1 Make available any User Content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, harassing, libelous, vulgar, obscene, pornographic, sexually explicit, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or promotes discrimination on the basis of race, ethnicity, gender, religion, sexual orientation, age or disability;
5.6.2 Intimidate and/or harass another;
5.6.3 Incite others to commit violence;
5.6.4 Harm minors in any way;
5.6.5 Make available any User Content in contravention of these Terms of Use or applicable policies, or any User Content that You do not have a right to make available under any law or contractual or fiduciary relationship;
5.6.6 Download, save or otherwise transmit, any of the User Content available on the Website, in any manner, whether by means of current or future technologies;
5.6.7 Make available any User Content that infringes any intellectual property rights or other proprietary rights of any party;
5.6.8 Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
5.6.9 Do anything unlawful, misleading, malicious, or discriminatory;
5.6.10 Manipulate identifiers to disguise the origin of any of User Content posted on, or transmitted through, the Website including, falsifying or deleting any author attributions, legal or other notices or labels of the origin of the User Content or other material available on the Website;
5.6.11 Post anyone’s identification documents or sensitive financial information on the Website;
5.6.12 Use any of Kynkyny Media’s domain names as a pseudonymous return email address;
5.6.13 Do anything that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or relates to terrorism, sedition or other tortious activities, public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
5.6.14 Intentionally or unintentionally interfere with or violate any applicable laws related to the access to, or use of, the Website, violate any requirements, procedures, policies or regulations of networks connected to the Website;
5.6.15 Disrupt or interfere with the security of, or otherwise cause harm to, the Website Materials, systems resources, or gain unauthorized access to servers or networks connected to or accessible through the Website or any affiliated or linked sites;
5.6.16 Access the Website through means other than through the interface that is provided by Kynkyny Media;
5.6.17 Violate any applicable laws or regulations for the time being in force in or outside India including but not limited to the sale, import, export, use etc. of illegal substances or gambling or other unlawful activities; or
5.6.18 Violate any of the terms specified under the Terms of Use or any other Website policies.

Any violation by You of this section may result in immediate suspension or termination of Your use of the Website.

5.7 You acknowledge that We are only an intermediary with respect to all User Content. However, on receiving written notification of alleged infringement of third party intellectual property rights by any User Content, We may, at Our own discretion, remove the allegedly infringing User Content from the Website with or without prior notice to You. You hereby waive any legal or equitable rights or remedies You have or may have against Us with respect thereto. Please refer to our Report Abuse Policy at www.namukini.com for the procedure adopted by Us for such take down of allegedly infringing User Content.

6. Intellectual Property

6.1 The Website and all Materials, excluding the User Content, that are uploaded on the Website by Kynkyny Media, unless otherwise stated, including, without limitation: graphics; layout; text; content; instructions; images; audio; videos; designs (collectively, the “Materials”) are owned, controlled or licensed by Kynkyny Media, its subsidiaries or affiliates. Any and all rights to use any Materials not expressly granted to You under this Terms of Use are hereby reserved by Us and/ or Our members, subsidiaries, affiliates or licensors.

6.2 Kynkyny Media is the sole owner of the Kynkyny Media marks, service marks, trade name and any other marks used by Kynkyny Media in future (collectively “Trademarks”). You agree not to interfere with Our rights in the Trademarks, including challenging Our use, registration or application to register the Trademarks, anywhere in the world, and that You will not harm, misuse, or bring into disrepute any of the Trademarks. The goodwill derived from using the Trademarks or any part thereof, shall inure exclusively to the benefit of Kynkyny Media.

6.3 All Trademarks, domain name, trade dress including the look, feel and design of the Website, its Materials, interfaces, etc., and the selection and arrangements thereof, is the property of Kynkyny Media, unless otherwise indicated. All this is protected under copyright, trademark and other applicable intellectual property laws and may not be used by You, except as permitted by Kynkyny Media.

6.4 All third party Trademarks advertised on the Website belong solely to the respective third party and We do not have any rights over such third party trademarks.

6.5 This Website is operated by and is the sole property of Kynkyny Media. Any and all Material on this Website are protected by copyrights, trademarks, and other intellectual property rights that are owned by Us or by other parties that have licensed such material to Us, or such parties having ownership of content uploaded on the Website. Modification of the Materials on the Website or use of the Materials for any purpose other than personal use is a violation of the said copyrights, trademarks and other intellectual proprietary rights, and is expressly prohibited.

6.6 We respect the intellectual property rights of others, and We expect Our users to do the same. Therefore, as a matter of policy, any User Content uploaded on the Website, should be original material created by You or validly licenced to You. You affirm, represent, and warrant that You own or have the necessary licenses, rights, consents, and permissions to publish the User Content You submit; and You license to Us all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on the Website or otherwise pursuant to these Terms of Service. Kynkyny Media may, at its sole discretion, take such steps including, that of terminating Your use of the Website, if You violate others’ intellectual property rights in any manner.

6.7 You are requested to report any violation of rights in, or misuse of, the Trademarks or any other intellectual property rights on the Website, by writing to Us at contact@namukini.com or accessing Our Report Abuse section.

7. Modifications

We reserve the right at any time and from time to time, in Our sole discretion, to modify the content on the Website or any part thereof, including the transmission of any related materials or documentation, with or without providing prior notice to You. We further reserve the right at any time and from time to time, at Our sole discretion, to alter, modify or terminate any content or features contained on the Website without providing to You prior notice of such alteration, modification or termination. You agree that Kynkyny Media shall not be liable to You or to any third party claiming through You, for any modification of the content or features provided on the Website.

8. System Limitations

We use internally developed systems for providing You access to and facilitating Your use of the Website. These systems may encounter technical or other limitations, and computer and communications hardware systems might experience interruptions. Further, We continually enhance and improve these systems in order to accommodate the level of use of the Website. We may also add additional features and functionality to Website that might result in the need to develop or license additional technologies. Increased utilization of the Website or providing new features or functionality may cause unanticipated system disruptions, slower response times, degradation in levels of customer service, and delays in reporting accurate financial information. You agree that We shall not be liable to You or to any third party claiming through You, for any such failures contemplated herein.

9. Privacy and Confidentiality

9.1 Your use of the Website is governed by Our privacy policy (“Privacy Policy”), which can be located here.

9.2 Please read Our Privacy Policy to understand Our information collection and usage practices. You may obtain certain confidential information, including without limitation, technical, contractual, product, pricing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You acknowledge and agree to hold all Confidential Information in strict confidence. Title and all interests to all Confidential Information shall be vested in Us. Your obligations regarding Confidential Information will survive the termination of these Terms of Use. Upon such termination, You must stop forthwith using any Confidential Information to which You may have been exposed in due course of Your use of the Website.

9.3 You agree that Your obligations under this clause are necessary and reasonable in order to protect Our business and expressly agree that monetary damages would be inadequate to compensate for any breach of any covenant or agreement set forth herein. Accordingly, You agree and acknowledge that any such violation or threatened violation will cause irreparable harm and injury to Kynkyny Media and that, in addition to any other remedies that may be available, in law, equity or otherwise, Kynkyny Media shall be entitled to obtain injunctive relief against the threatened breach of the terms of this clause or the continuation of any such breach.

10. Links to Third Party Websites

10.1 The Website may contain link/s to various other websites. These links are provided solely for Your convenience and benefit. Wherever such link/s lead to websites which are not owned by or belong to Us, We shall not be responsible for the content, products and services provided on such linked sites. We do not warrant or make any representations regarding the correctness or accuracy of the content on such websites. If You decide to access such linked websites, You do so at Your own risk. We do not in any way endorse the linked websites.

10.2 Similarly, this Website can be made accessible through a link created by other websites. Access to this Website through such link/s shall not mean or be deemed to mean that the objectives, aims, purposes, ideas, concepts of such other websites or their aim or purpose in establishing such link/s to this Website are necessarily the same or similar to the idea, concept, aim or purpose of Our Website or that such links have been authorized by Us. We are not responsible for any representation/s of such other websites while affording such link and no liability can arise upon Us consequent to such representation, its correctness or accuracy. In the event that any link/s afforded by any other website/s derogatory in nature to the objectives, aims, purposes, ideas and concepts of this Website, is utilized to visit this Website and such event is brought to the notice or is within the knowledge of Kynkyny Media, civil or criminal remedies as may be appropriate shall be invoked.

11. Security

11.1 You are prohibited from violating or attempting to violate the security of the Website, including, without limitation: (a) accessing data not intended for You; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) attempting to interfere with service to any user, host, or network.

11.2 You shall not misuse this Website by knowingly introducing viruses, trojans, worms, logic bombs or other materials that are malicious or technologically harmful (together “Viruses”). You must not attempt to gain unauthorized access to Our Website, the server on which the Website is stored or any server, computer or database connected to this Website. You must not attack this Website via a denial-of-service attack.

11.3 By breaching the provisions of this clause, You may be liable to be prosecuted under the Information Technology Act, 2000 and any other applicable law. We will report any such breach to the relevant law enforcement authorities and We will co-operate with such authorities by disclosing Your identity to them. In the event of such a breach, Your rights to use this Website will cease immediately.

11.4 We will not be liable for any loss or damage caused by a denial-of-service attack or Viruses that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of this Website or to Your downloading of any Material posted on it, or on any website linked to it.

11.5 You agree to immediately report to Us all incidents involving suspected or actual unauthorized access, disclosure, alteration, loss, damage, or destruction of data.

12. Monitoring

All electronic communications and content presented and / or passed to Us, including that presented and / or passed from remote access connections, may be monitored, examined, saved, read, transcribed, stored, or retransmitted in the course of daily operations by any duly authorized employee or agent of Kynkyny Media in the exercise of their duties, or by law enforcement authorities who may be assisting Kynkyny Media in investigating possible contravention / non-compliance with applicable law. Electronic communications and content may be examined by automated means. Further, Kynkyny Media has the right to reject, at its sole discretion, from the Website any electronic communications or content deemed not to be in compliance with the corporate policies and procedures of Kynkyny Media.

13. Termination

13.1 We reserve the right to suspend Your use of and prohibit access to any or all features / parts of the Website, in the event it is determined by Us that You have violated any of these Terms of Use or any other applicable Website policies. Any such suspension or termination of access to Website may be effected by Us without providing You with a prior written notice in this regard.

13.2 Upon prohibition of Your use of the Website, all rights granted by Us to You to use the Website will automatically terminate and We shall have no further obligation or liability towards You.

13.3 You acknowledge and agree that, upon termination, You shall immediately destroy any copies made of any portion of the content contained on the Website. You acknowledge and agree that Kynkyny Media shall not be liable to You or any third party claiming through You, for any suspension or termination of access to Website.

14. Disclaimer and Liability

14.1 All Materials and User Content on the Website is provided to You on an ‘as is’ basis. You agree that Your use of the Website shall be at Your sole risk.

14.2 To the fullest extent permitted by applicable law, Kynkyny Media, its officers, directors, employees, and agents exclude all warranties, express or implied, in connection with the Website and Your use thereof. Kynkyny Media excludes all conditions, terms or representations about the accuracy or completeness of this Website’s Materials and User Content or the content of any sites linked to this Website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) any unauthorized access to or use of Our secure servers and/or any and all personal information and/or financial information stored therein, (iii) any interruption or cessation of transmission to or from Our Website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through Our Website 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 Materials and User Content posted, emailed, transmitted, or otherwise made available via the Website.

14.3 We hereby expressly disclaim all warranties and representations of any kind with respect to any and all Materials, User Content and features available on the Website, including but not limited to (a) warranties as to merchantability or use for a particular purpose whether or not Kynkyny Media knows or has reason to know or has been advised of any such purpose or (b) warranties as to any results to be obtained from any use of the Kynkyny Media Materials or information derived from use of the Website.

14.4 Kynkyny Media does not endorse or act on behalf of any third party. In the event You engage the services of / interact with any third party, through the Website, Kynkyny Media will not be liable to You for any act or omission by such third party in relation thereto.

14.5 To the fullest extent permitted by applicable law, in no event shall Kynkyny Media, its officers, directors, employees, or agents, be liable to You for any direct, indirect, incidental, special, punitive or consequential damages, incurred in connection with the Kynkyny Media Materials or User Content on the Website, including but not limited to loss of revenue or profit or any other commercial or economic loss or for any decision made or action taken by any third party in reliance thereupon.

14.6 You agree to defend, indemnify and hold harmless Kynkyny Media, its 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 Website; (ii) Your violation of any term of these Terms of Use or any other Website policy; (iii) Your violation of any third party right, including without limitation any intellectual property right or privacy right; (iv) or as a result of any threatening, libellous, obscene, harassing or offensive material posted / transmitted by You on the Website.

14.7 Your obligations under this clause shall survive the termination of these Terms of Use.

15. Foreign Jurisdictions

Kynkyny Media makes no representation that the Materials and User Content contained on the Website is appropriate or to be used or accessed outside of the Republic of India. If You use or access the Website from outside the Republic of India, You do so at Your own risk and are responsible for compliance with the laws of such jurisdiction.

16. Notifications

If You wish to subscribe to Our newsletter(s) or receive notifications or e-mails from Us, We will use Your name and latest e-mail address provided by You in this regard. However, You may choose to stop receiving Our newsletters by following the instructions to unsubscribe as included in these e-mails or You can contact us at contact@namukini.com.

17. Governing Law and Dispute Resolution

17.1 These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of India and subject to the provisions of arbitration set out herein, the courts at Bangalore shall have exclusive jurisdiction in relation to any disputes arising out of or in connection with these Terms of Use.

17.2 If any dispute arises between Kynkyny Media and You during the subsistence of these Terms of Use or thereafter, in connection with or arising out of the validity, interpretation, implementation or alleged breach of any provision of these Terms of Use or regarding a question, such dispute shall be referred to and finally resolved by arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996. There shall be one (1) arbitrator mutually appointed by the parties and the venue of arbitration shall be Bangalore, India. The language of the arbitration proceedings and of all written decisions and correspondence relating to the arbitration shall be English.

18. Severability

If any term, provision, covenant or restriction of these Terms of Use is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions of these Terms of Use shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

19. No Waiver

The rights and remedies available under this Terms of Use may be exercised as often as necessary and are cumulative and not exclusive of rights or remedies provided by law. It may be waived only in writing. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.

20. General

You cannot assign or otherwise transfer the Terms of Use, or any right granted hereunder to any third party. These Terms of Use comprise the full and complete agreement between You and Kynkyny Media with respect to the use of the Website and supersedes and cancels all prior communications, understandings and agreements between You and Kynkyny Media, whether written or oral, expressed or implied with respect thereto.