These Terms constitute a legally valid and binding agreement between you (including its literal variants ie. "you", "your" or "yourself"), the end user, and the owner of SamparK Baithak, namely Sampark Foundation, a not for profit organization having its office at 176, A Block, Section 40, Noida, Uttar Pradesh 201301 (hereinafter referred to as "our", "us", "we" or "Sampark") which shall include a reference to our affiliates, associates, sister concerns etc.

Please read the terms and conditions contained below carefully as your use of Sampark Baithak is subject to your acceptance and strict compliance of the terms contained hereinafter. By accessing and/or using Sampark Baithak and/or the Services, you are agreeing to be bound by the Google’s privacy policy which can be found at http://www.google.com/policies/privacy. It is clarified that Sampark uses You Tube API Services.

1. YOUR USE OF SAMPARK BAITHAK

   By accessing, subscribing to or using Sampark Baithak you expressly agree as follows –

   1. You have read, understood and are bound by the Terms, Privacy Policy and Copyright Policy, as amended from time to time. If you do not want or agree to be bound by either of these, you must stop accessing or using Sampark Baithak platform and Service any further.
   2. You are legally competent, as per applicable laws, to enter into the present agreement and access the Services provided on Sampark Baithak and are not suffering from any legal or contractual disability.
   3. In particular, you specifically warrant that you are of sound mind and of the minimum age required under applicable laws of India to enter into a legally enforceable agreement yourself ("Legal Capacity"). It is clarified that only parents can open an account on the Sampark Baithak application. If you are a parent or legal guardian of a minor, by allowing your child to access and use Sampark Baithak through your account, you consent to Terms and are responsible for your child’s activity on the Sampark Baithak App and the Service. As a parent and/or legal guardian you further consent that access and use of Sampark Baithak and Services by your child would only be under your guidance, control and supervision.
   4. If you are accessing or using the Services on behalf of a school, government body, company and/or any other entity then (a) "you" and "your" includes you and such school, governmental body, company and/or such other entity, (b) you represent and warrant that you are an authorized representative of the school, governmental body, company and entity with the authority to bind the school, governmental body, company and entity to these Terms, and that you agree to these Terms on their behalf, and (c) the school, governmental body, company and entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with such school, governmental body, company and/or entity including any employees, agents or contractors.
   5. You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.
2. YOUR ACCOUNT WITH US
   
   
   1. To access or use some of our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.
   2. You agree that you are solely responsible (to us and to others) for the activity that occurs under your account. When creating an account, you must provide accurate information about yourself and create only one account for strictly personal purposes.
   3. It is clarified that you may open an account with us only if you have attained majority under the applicable laws. In case you are a minor, you may use the Sampark Baithak and Services if enabled by a parent and/or local guardian under their supervision and guidance. If you are a parent or legal guardian of a minor, by allowing your child to use the Sampark Baithak application through your account, you consent to Terms, Privacy Policy and Copyright Policy and are responsible for your child's activity on the Sampark Baithak application and the Service.
   4. We reserve the right to disable your user account, and remove or disable any content you upload or share, at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.
   5. We take the protection of your privacy very seriously, and hence we accord all information related to your account with the high standards of data protection and security measures as mandated under the Information Technology Act 2000 and the rules thereunder. Our current Privacy Policy is available  at http://samparksmartshala.org/privacy_policy.
   6. We may collect certain information, details and data relating to your use and access of Sampark Baithak for various purposes including but not limited to improve our services, debug errors, analyse and increase usage, study consumer trends and behaviours etc. Certain kinds of information may also be collected for the purpose of compliance with applicable laws, court orders, directions, requests received from appropriate governmental agencies as per the provisions of applicable laws in this regard. Kindly go through our Privacy Policy which governs the use, storage and protection of your information including sensitive information that you may provide to us. In order to access Sampark Baithak, you expressly agree to be bound by the Sampark Baithak's Privacy Policy in addition to the present Terms.
   7. If you no longer want to use our Services again, and would like your account and data deleted, we can take care of this for you. Please contact us via baithak@samparkfoundation.org, and we will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
   8. You agree to hold us harmless in connection with any and all claims relating to the foregoing and to any features provided on Sampark Baithak. You further agree that we will not be responsible for any unauthorized, unlawful or illegal use, access, circumvention of the Sampark Baithak platform or any content, data, information, features made available on it, by any person.
3. CHANGES TO THE TERMS
   
   
   1. We retain the right to amend the Terms from time to time, for instance when we update the functionality of our Services or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on the Sampark Baithak application, however, you should look at the Terms regularly to check for such changes. We will also update the "Last Updated" date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
   2. At present, Sampark Baithak is being made available on various platforms, devices and mediums including Android and iOS, free of any costs or charges. Sampark Baithak is not being used, at present, for commercial purposes, however, we reserve with ourselves the sole and exclusive right to commercially exploit Sampark Baithak on any platform, device and medium as per our discretion.
4. INTELLECTUAL PROPERTY RIGHTS
   
   
   1. Rights in the Service: All rights including all intellectual property rights in the Sampark Baithak application including its code, software, script, layout, trademark, trade-dress, structuring is protected by relevant provisions of the laws relating to copyright, trade dress, patent, trademark and other laws, international conventions and proprietary rights and all ownership rights to them remain with the Sampark Foundation.
   2. Content created by Sampark Foundation: All content, whether audio and/or audio visual in the form of videos, images, literary works such as course material, work books, data, graphics and other information and artistic works including but not limited to characters such as 'Sampark Didi' created by the Sampark Foundation (hereinafter "Sampark's Content") and made available on Sampark Baithak including without limitation through the tabs 'Sampark Didi' and 'Smart Shala' and all intellectual property related thereto are owned by Sampark Foundation. Use of Sampark's Content on the Service for any purpose not expressly permitted by these Terms is strictly prohibited. The use of such content shall be as per the License and Restrictions stated herein below. Sampark Foundation reserves all rights not expressly granted in and to their content.
5. YOUR USE OF SERVICE AND SAMPARK’S CONTENT ON SAMPARK BAITHAK
   
   
   1. License: Subject to strict compliance of the Terms stated here, we grant you a non-exclusive, non-transferable, restricted, revocable and limited right to use, store, share on third party websites and apps, download and/or communicate Sampark’s Content created or uploaded by Sampark Foundation on or shared using Sampark Baithak application, only for the personal/private use and for educational purposes by you or any other user of Sampark Baithak. Such use shall also be for non-commercial purposes, and always subject to the terms of this Agreement.
   2. Restrictions:Your access to and use of the Services and the Sampark’s Content is subject to these Terms and all applicable laws and regulations. You may not:
      
      
      1. make unauthorised copies, reproduce, distribute, upload, exploit, communicate, translate, modify, adapt, edit or make derivate works, broadcast, disseminate Sampark’s Content or the Services in any manner. You further agree not to make use of Sampark’s Content in a manner that would infringe the copyright therein.
      2. distribute, license or sub-license, sell or otherwise transfer in whole or in part, any of the Service, your account and/or Sampark’s Content.
      3. market, rent or lease the Services and/or Sampark’s Content contained therein for a fee or charge or use the Services and/or Sampark’s Content to advertise or perform any commercial solicitation.
      4. interfere with or attempt to interfere with the proper working of the Services, disrupt the application or our website or any networks connected to the Services or bypass any measures we may use to prevent or restrict access to the Services;
      5. incorporate the Services or any portion thereof including Sampark’s Content into any other program or product and/or in any other media or format.
      6. impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Service or Sampark Foundation.
      7. intimidate or harass another or promote sexually explicit material, child abuse or pornography, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
      8. commercializing or monetizing the Sampark Content in any manner whatsoever.
6. USER GENERATED CONTENT
   
   
   1. User-Generated Content:You, the users of the Service are permitted to upload, post and transmit (such as via a stream) or otherwise make available content pertaining to education of children as per prescribed school or board curriculum including, without limitation, text, photographs and videos as well as give likes, submit reviews, input data, suggest ideas or engaging in any other form of communication such as comments on or through Sampark Baithak ("User Content")for educational purposes.
   2. Intellectual Property in User Content: Sampark Foundation does not claim any rights, title or ownership whatsoever in any of the User Content, that is created, shared, uploaded, downloaded or otherwise made available on or through Sampark Baithak application by you or any of its users. Such User Content shall be the sole property of its respective owner(s) and/or uploader(s) whereas we are only acting as a platform provider to you. It is further clarified that the information and materials in the User Content, have not been verified or approved by us. Sampark Foundation does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability or any User Content or endorse any opinions expressed thereof.
   3. License granted in such User Content: By submitting or posting User Content, you irrevocably grant us a perpetual, fully-paid, royalty-free, sub-licensable, transferable, world-wide license to use, reproduce, distribute, modify, display, communicate to the public, delete from, add to, adapt, make derivative works. publish any such User Content on Sampark Baithak and the Service including, without limitation Sampark Foundation’s YouTube channel and any other mode or medium now known or hereinafter devised, during the full term of copyright and all renewals and extensions thereof.
   4. You further grant us a royalty free license to use your name and likeness to identify you as the source of any of your User Content, however Sampark Foundation has no obligation to give you any credit on Sampark Baithik or the Services with respect to such User Content.
   5. You further grant each other user of Sampark Baithak and the Service, a world-wide, non-exclusive, royalty free licensee to access the User Content created by you through Sampark Baithak and the Service and to use the User Content including to reproduce, store, download, display and communicate it as a feature of Sampark Baithak and the Service.
   6. You have no right to receive any income or other consideration from any User Content made available to you on or through the Service, including User Content created by you. You are further prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third party service (e.g., you cannot claim User Content that has been uploaded to a social media platform such as YouTube for monetization).
   7. The User Content will be considered as non- confidential. You must not post any User Content that you consider to be confidential or proprietary.
   8. You agree that that no rights, permissions or consents given under these Terms to us shall lapse or be waived for any reason whatsoever.
   9. Representation and Warranties in such User Content: By submitting or posting the User Content on Sampark Baithak, you represent and warrant that you own the User Content or have necessary rights and clearances including intellectual property clearances from the owners of such content. You also represent and warrant that the posting of your User Content does not violate any right of any party, including privacy rights, publicity rights, copyright and other intellectual property rights.
   10. You specifically represent and warrant that the posting of your User Content does not harm minors in any manner and the content is not grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or otherwise unlawful in any manner whatever.
   11. By submitting or posting the User Content, you agree that your submission of the User Content does not in any way make you our employee, agent, or partner.
   12. By submitting or posting the User Content, you release and discharge us, our affiliates, successors, investors, assigns and their respective officers, employees, agents from any and all claims, actions and demands arising out of, or in connection with, the use of your User Content, your name and biographical data, including, without limitation, any and all claims for invasion of privacy and libel.
   13. Restrictions with respect to such User Content: Rule 3(2) compliance:You further specifically agree, undertake and confirm that you shall specifically comply with the requirements under Rule 3(2) of the Information Technology (Intermediary Guidelines) Rules, 2011 including especially the following-

       You shall not host, display, upload, modify, publish, transmit, update or share any information which –

       (a) belongs to another person and to which you do not have any right to;

       (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

       (c) harm minors in any way;

       (d) infringes any patent, trademark, copyright or other proprietary rights;

       (e) violates any law for the time being in force;

       (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

       (g) impersonate another person;

       (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

       (i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation

       (j) promotes an illegal or unauthorized copy of another person's copyrighted work such as providing pirated or infringing copyrighted Content or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing access to pirated Content or links to pirated music files;

   14. Sampark Baithak is designed for personal use and is provided on an ‘as is’ basis as stated above. You agree to not use or allow use of any automated system for the selection, downloading, or streaming of Sampark’s Content or any part thereof in any manner not expressly authorized herein. You may not use any device, contrivance, software, method or technology to unlawfully record, exploit, capture, hack, alter, modify, or otherwise copy and/or reproduce any content obtained or accessed through Sampark Baithak or circumvent any data protection measures adopted on Sampark Baithak by us.
   15. Unlawful access: You or any person on your behalf shall not seek, or attempt to seek, access to or obtain any copy of a record containing any information, including especially any confidential information or PII, pertaining to or provided by any other user.
   16. Indemnity: You warrant that if such User Content does not comply with the representations and warranties given by you herein, you will be liable under law and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
   17. Waiver of Rights to User Content. By posting User Content to or through the Services, you waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. You also hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you post to or through the Services.
   18. In no event do we 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 us with respect to such User Content.
   19. We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
   20. Complaints: If you wish to complain about information and materials uploaded by other users please contact us at baithak@samparkfoundation.org. We will review the complaint in accordance with applicable laws and for compliance with our terms and policies and will (a) block, disable or remove any Content or (b) terminate or suspend any user account, that is found to be in violation of our terms and/or applicable laws.
   21. Discretion: We have the sole right and discretion to allow, disallow, disable, remove, block any content from being uploaded, shared, embedded, transmitted, communicated, copied, stored, modified or otherwise used on Sampark Baithak. Furthermore, we shall have the sole right and discretion to allow, disallow, disable, remove, block any user and/or user account accessing, continuing to access Sampark Baithak or part thereof or any feature made available thereon. We may do this, inter-alia, for various reasons, including, in our sole discretion, for legal reasons such as pursuant to any order, direction by any competent judicial, quasi-judicial or appropriate investigative or other governmental body; or in order to safeguard our rights and interests or the rights and interests of any third party including those of our affiliates, investors, group companies, agents, directors, representatives etc. You agree to not object or challenge the same or claim any right, title or interest in Sampark Baithak or any part thereof.
7. THIRD PARTY SITES AND INFORMATION
   
   
   1. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
   2. Whenever you access or use a feature that allows you to upload or transmit User Content through the Services (including via certain third party social media platforms such as Facebook, YouTube etc. ), or to make contact with other users of the Services, you must comply with the Terms. You may also choose to upload or transmit your User Content, including User Content on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with these Terms. These features may not be available to all users of the Services, and we have no liability to you for limiting your right to certain features of the Services.
8. TERMINATION/CANCELLATION
   
   

   We may, in our sole discretion, terminate this Agreement, restrict, suspend or terminate your use of Sampark Baithak immediately and without notice or liability, if you violate, breach or fail to comply with this Agreement in any way, and it will not limit any other rights or remedies which are available to us.

9. DISCLAIMER OF WARRANTIES
   
   

   You expressly agree that use of and access to Sampark Baithak is at your sole risk. Sampark Baithak is provided on an "as is" and an "as available" basis. We do not make, and hereby disclaim, any representations or warranties regarding Sampark Baithak or any Sampark Content offered through Sampark Baithak or any portion thereof, express, implied or statutory, including (without limitation) implied warranties of any kind relating to title, non-infringement of third party rights etc. We make no representation or warranty that any material, Sampark Content, softwares or services displayed on or offered through Sampark Baithak are accurate, complete, appropriate, reliable, or timely. We also make no representations or warranties that Sampark Baithak will meet your requirements and/or your access to and use of Sampark Baithak will be uninterrupted or error-free, free of viruses, malicious code, or other harmful components, or otherwise secure.

10. LIMITATION OF LIABILITY
    
    
    1. To the maximum extent permitted by applicable law, we, our affiliates, licensors, investors, promoters, agents, officers, or third-party service providers shall not be liable to you or any third party for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, and/or for loss of profits/ revenues/ data/ business, or for any other form of damages in any manner arising out of or in connection with this agreement or for your use of Sampark Baithak including any (i) errors, mistakes, or inaccuracies of Sampark’s Content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of Sampark Baithak, (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 Sampark Baithak, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through Sampark Baithak 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 Sampark’s Content posted, emailed, transmitted, or otherwise made available via Sampark Baithak, 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, regardless of the form of action or the basis of the claim (including negligence).
    2. You hereby disclaim, waive and forego any and all liability, both civil and criminal, whether contractual or statutory, arising in the past, existing at present or potentially arising in future, out of or in relation to, any use of any Sampark’s Content or User Content by us pursuant to and in the manner agreed hereinabove.

11. INDEMNITY
    
    
    1. You agree to indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys’ and legal costs, fees and expenses and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach, whether wilful or otherwise, of, or failure to comply with, the terms and conditions of this Terms, Privacy Policy and Copyright Policy, including infringement of the copyright or any intellectual property right in Sampark’s Content and/or (b) your use of Sampark Baithak.
    2. You further agree to participate in and defend us in any proceedings, actions, investigations of any kind whatsoever in relation to your use (including misuse) of Sampark Baithak, Services, Sampark Content or part thereof; or your breach as stated above.
    3. As stated above, you further agree to hold harmless, defend and indemnify Sampark Foundation against any losses, expenses, costs or damages (including our reasonable attorneys’ and legal costs, fees and expenses and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any manner related to any claim or action arising out of User Content or breach of your warranties.
12. CHOICE OF LAW AND CONSENT TO JURISDICTION
    
    

    This Agreement is governed by the laws of India, without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of courts in New Delhi, India with respect to all disputes arising out of or relating to Sampark Baithak. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates).

13. SEVERABILITY
    
    

    If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

14. COPYRIGHT POLICY
    
    
    1. Any Content uploaded or accessible on or from Sampark Baithak shall be subject to our Copyright Policy. We respect the intellectual property rights of others and expect users to do the same. We take reasonable measures to remove any infringing material from our Service, which is brought to our notice. In case you find any such content (including User Content) is in violation of any provision of the applicable law in relation to Copyright in India, you can report such violation to us at baithak@samparkfoundation.org in such manner asper applicable law, including without limitation should contain the following..

       The notification must include the following:

       - An email address, physical address and a phone number so that we and the uploader of your work can contact you.

       - A clear and complete description of your work that you believe has been infringed.

       - The URL or other identifying location of the allegedly infringing work

       - A statement that you have a good faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or law.

       - We may also require you to submit evidence of copyright ownership

       - A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner

       - The physical or electronic signature of the copyright owner or an authorized representative of the copyright owner. To satisfy this requirement, you may type your full legal name (not that of a company) at the bottom of your notification.

    2. If you receive a copyright infringement notification that you believe to be in error, you may provide us with a counter-notification containing details of such errors in the same format as specified above. The counter-notification process may take no less than 10 business days to complete, please be patient. During this time, the copyright claimant may file an action seeking a court order to keep the content down. Please note that we will forward the entire counter-notification to the copyright claimant, including any personal information you provide, and the counter-notification may be made public. The claimant may use this information to file a lawsuit against you. If we do not receive notice within 10 business days that the original reporter is seeking a court order to prevent further infringement of the material at issue, we may replace or cease disabling access to the material that was removed.
    3. As part of our Copyright Policy, we will take down/block access to content uploaded on Sampark Baithak in violation of applicable laws and in case of repeat infringements, terminate user access to Sampark Baithak altogether in case a user has been notified of infringing activity more than twice.
15. OTHER PROVISIONS
    
    
    1. You agree that Sampark Baithak and all our services, servers and features are provided to you from Delhi & NCR.
    2. This Agreement, together with our Privacy Policy, Copyright Policy and any other rules, regulations, procedures and policies which we refer to and which are hereby incorporated herein by this reference, constitutes the entire agreement between you and us with respect to Sampark Baithik and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to Sampark Baithik.
    3. No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement.
    4. You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void from inception.
    5. Grievance Officer: Pursuant to Rule 3(10) of the Information Technology (Intermediary Guidelines) Rules, 2011, the details of our grievance officer as stated below

Name: Manish Chandak

Address: A-176, Sector-40, Noida-201301, UP

Email: baithak@samparkfoundation.org