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Terms Of Use

1. Terms
By accessing the website at www.thehauterfly.com and the mobile app, you agree to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site and mobile app.

2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Hauterfly Digital Media Private Limited’s website and app for personal, non-commercial, transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on Hauterfly Digital Media Private Limited’s website or app; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Hauterfly Digital Media Private Limited at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

You are only authorised to use the website and app (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Use and the Privacy Policy. Please note that these Terms of Use apply to all users of Hauterfly Digital Media Private Limited’s website and app, including users who are contributors of video content, information, and other materials or services on the website and app.

Hauterfly Digital Media Private Limited prohibits pornography on its site. Please choose carefully the information you post on the Hauterfly Digital Media Private Limited website and app and that you provide to other users. Your content must not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Stringent penal and criminal actions will be initiated against those found indulging in the above-referred activities.

You may not post content that seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.

Any user who publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to prurient interest or if its effect is such as to tend to deprave and corrupt people who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it shall be strictly treated under the Section 67 of the Information Technology Act 2000 and as per the provisions of Indian Penal Code and other appropriate statutes applicable in that scenario. Despite this prohibition, information provided by other users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Hauterfly Digital Media Private Limited assumes no responsibility or liability for this material. If you become aware of misuse of the services provided by Hauterfly Digital Media Private Limited by any person, please contact us at hey@thehauterfly.com.

You affirm that you are either more than 16 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 Use, and to abide by and comply with the same.

3. Disclaimer
The materials on Hauterfly Digital Media Private Limited’s website and app are provided “as is”. Hauterfly Digital Media Private Limited makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Hauterfly Digital Media Private Limited does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or app, or otherwise relating to such materials or on any sites linked to this site.

Hauterfly Digital Media Private Limited does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website and app, or any hyperlinked website or featured in any banner or other advertising, and Hauterfly Digital Media Private Limited 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.

Hauterfly Digital Media Private Limited assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any user or member communication, whether based on contract, tort, negligence, strict liability or otherwise. Hauterfly Digital Media Private Limited is not responsible for any problems or technical malfunction of any telephone network or likes, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet, or on any of Hauterfly Digital Media Private Limited’s services of a combination thereof, including injury or damage to users or to any person’s computer related to or resulting from participation in connection with Hauterfly Digital Media Private Limited’s services.

Under no circumstances shall Hauterfly Digital Media Private Limited be responsible for any loss or damage, including personal injury or death, resulting from the use of Hauterfly Digital Media Private Limited’s services, attendance at a Hauterfly Digital Media Private Limited event, from any content posted on or through Hauterfly Digital Media Private Limited’s services, or from the conduct of any users of our services, whether online or offline, in contract, tort or otherwise. Hauterfly Digital Media Private Limited does not promise any specific results from the use of its services.

4. Limitation of Liability
In no event shall Hauterfly Digital Media Private Limited, its owners, affiliates, group companies, associated entities, officers, directors, employees, consultants, agency, or its suppliers be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages of any any, including but not limited to, loss of profits, business interruption, and/or loss of information or data resulting from:

(i) errors, mistakes, or inaccuracies of content
(ii) personal injury or property damage, of any nature, resulting from your access to and use of our website and app
(iii) any unauthorised 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 website
(v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website and app by any third party, and/or
(vi) 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 our website and app, 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 Hauterfly Digital Media Private Limited shall not be liable for user submissions 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 website and app is controlled and offered by Hauterfly Digital Media Private Limited from its facilities in India. Hauterfly Digital Media Private Limited makes no representations that the website and app is appropriate or available for use in other locations. Those who access or use the website and app from other jurisdictions do so at their own volition and are responsible for compliance with applicable laws.

5. Revisions and Errata
The materials appearing on Hauterfly Digital Media Private Limited’s website and mobile app could include technical, typographical, photographic or pricing errors. Hauterfly Digital Media Private Limited does not warrant that any of the materials on its website are accurate, complete, or current. Hauterfly Digital Media Private Limited may make changes to the materials contained on its website at any time without notice, including but not limited to making modifications and alternations in any or all of the content, products, features and services or change/charge any fees or charges for use of the service contained on the website, suspend/cancel/discontinue a service at any time without notice. Hauterfly Digital Media Private Limited does not, however, make any commitment to update the materials. You will be deemed to have accepted such change/s if you continue to access the website and app subsequent to such changes.

6. Links
Hauterfly Digital Media Private Limited has not reviewed all of the sites linked to its internet website and app and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Hauterfly Digital Media Private Limited of the site. Use of any such linked website is at the user’s own risk.

Links to third party websites are not owned by Hauterfly Digital Media Private Limited. The site and app have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party websites. In addition, Hauterfly Digital Media Private Limited will not and cannot censor or edit the content of any third party site. By using the website and app, you expressly relieve Hauterfly Digital Media Private Limited from any and all liability arising from your use of this website and app, and any third party website as aforesaid. Accordingly, we encourage you to be aware when you move out of Hauterfly Digital Media Private Limited’s site and mobile app, and to read the terms and conditions and privacy policies of websites that you visit.

Hauterfly Digital Media Private Limited will not be party to, or in any way responsible for, any transaction concerning products or services made available from such third parties or for any content or information presented in connection with any such products and/or services.

7. Submission & Ownership of Content
You are solely responsible for submitted content including without limitation, information, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, messages, reviews and opinions about products, services and happenings, comments to other people’s opinions, blogs, articles, entertainment listings and the like, whether publicly or privately transmitted or posted on the website and app, and any material or information that you transmit to other users for your interactions with other users. Hauterfly Digital Media Private Limited does not endorse and has no control over the content. Content is not necessarily reviewed by Hauterfly Digital Media Private Limited prior to posting and does not necessarily reflect the company’s opinions or policies. Hauterfly Digital Media Private Limited makes no warranties, express or implied, as to the content posted or submitted by users or to the accuracy, completeness, safety, timelines, legality, quality and reliability of the content posted or submitted by users or any material or information that you transmit to other users.

Under no circumstances will we be liable in any way for any content, including, but not limited to, threatening, defamatory, obscene, offensive, illegal content, infringement of other’s rights including intellectual property rights, for 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 such content posted or uploaded. By posting comments and other community services you agree not to upload, post or otherwise transmit any matter or views which are threatening, defamatory, abusive, obscene, offensive, illegal, infringing of other’s rights including intellectual property rights, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable, or contrary to public order or national harmony in all relevant jurisdictions. You may also not indulge in cyber stalking, become or create a nuisance for any person/user or download any file posted by another user, that you know, or reasonably should know, cannot be legally distributed in such manner.

Hauterfly Digital Media Private Limited reserves the right, but has no obligation, to monitor disputes between you and any entity which you have reviewed.

In addition, the following is a non-exhaustive list of the kind of content and communications that are illegal or prohibited on/through the Hauterfly Digital Media Private Limited website and app. Hauterfly Digital Media Private Limited reserves the right to investigate and take appropriate legal action at its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Hauterfly Digital Media Private Limited service and terminating the membership of such violators or blocking your use of the Hauterfly Digital Media Private Limited service and/or the website and app.

You may not post content that:
– is false or intentionally misleading;
– is patently offensive to users of the Hauterfly Digital Media Private Limited website and app, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
– harasses or advocates harassment of another person;
– involves the transmission of unsolicited mass mailing or “spamming”;
– promotes illegal activities or conduct that is abusive;
– is threatening, obscene, defamatory or libellous;

Important Usage Conditions
The website/app may now or in the future permit the submission of videos or other communications submitted by you and other users and the hosting, sharing, and/or publishing of such user submissions. You understand that whether or not such user submissions are published, Hauterfly Digital Media Private Limited does not guarantee any confidentiality with respect to any submissions.

You shall be solely responsible for your own user submissions and the consequences of posting or publishing them. In connection with user submissions, you affirm, represent, and/or warrant that:

i. You own or have the necessary licenses, rights, consents, and permissions to use and authorise Hauterfly Digital Media Private Limited to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all user submissions to enable inclusion and use of the user submissions in the manner contemplated by the website, app and these Terms of Use; and

ii. You have the written consent, release, and/or permission of each and every identifiable individual person in the user submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the user submissions in the manner contemplated by the website and app, and these Terms of Use. For clarity, you retain all of your ownership rights in your user submissions. However, by submitting the user submissions to Hauterfly Digital Media Private Limited, you hereby grant Hauterfly Digital Media Private Limited a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the user submissions in connection with the website, app and its successor’s business, including without limitation for promoting and redistributing part or all of the website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the website and app a non-exclusive license to access your user submissions through the website and app, and to use, reproduce, distribute, prepare derivative works of, display and perform such user submissions as permitted through the functionality of the website and app, and under these Terms of Use.

8. Registration and Security
In order to access some features of the website and app, you may now or in the future have to create an account. You may never use another user’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 Hauterfly Digital Media Private Limited immediately of any breach of security or unauthorised use of your account. Although Hauterfly Digital Media Private Limited will not be liable for your losses caused by any unauthorised use of your account, you may be liable for the losses of Hauterfly Digital Media Private Limited or others due to such unauthorised use.

In consideration of your use of the website, app and services, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the website, app and/or the services. You are responsible for maintaining the confidentiality of your password, and agree not to transfer your use of or access to the website, app or services to any third party. You are fully responsible for all activities that occur under your password or user name, including, without limitation, purchases. You agree to (a) immediately notify us of any unauthorised use of your password or user name or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with all of the foregoing obligations.

You may not enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person or use as a User ID, a name subject to any rights of a person other than yourself without appropriate authorisation. Hauterfly Digital Media Private Limited reserves the right to refuse registration of, or cancel, a User ID in its discretion.

9. Charges
You acknowledge that Hauterfly Digital Media Private Limited may reserve the right to charge for its services in the future on the website and app, or to change its fees from time to time at its discretion. If Hauterfly Digital Media Private Limited terminates your membership because you have breached these Terms of Use, you shall not be entitled to the refund of any unused portion of subscription fees, if any.

10. Delays in Services
Neither Hauterfly Digital Media Private Limited (including its and their directors, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. The website and app shall have no responsibility to provide you access to the site and app due to interruption by any such cause.

11. Trademark & Copyright
Hauterfly is a proprietary registered trade mark of Hauterfly Digital Media Private Limited. All material available on this website and app are protected by copyright and trademark laws. Access to Hauterfly Digital Media Private Limited services and content is subject to the Terms of Use, which you accepted during the registration process and/or by using the website and app. These Terms of Use contain warranty disclaimers, guidelines for link to other websites and linking disclaimer and limitation on use.

12. Indemnity
You agree to defend, indemnify and hold harmless Hauterfly Digital Media Private Limited, its parent corporation, officers, directors, affiliates, associated entities, group companies, employees and agents, from and against any and all claims, causes of action, damages, obligations, losses, liabilities, fees (including reasonable attorneys fees) costs, debt, demands, recoveries, fines, penalties and expenses of any kind or nature (including but not limited to reasonable legal and accounting fees) arising from: (i) your use of and access to the website and app; (ii) your violation or non-compliance of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, intellectual property right, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms of Use and your use of the website and app.

We reserve the right to disclosure of any personal information about you and your use of the website and app, including its contents, without your prior permission, if we have a good faith belief that such action is necessary to:
1. conform to legal requirements or comply with legal process;
2. protect and defend our rights or property or our affiliated companies;
3. enforce the Terms of Use; or
4. act to protect the interest of our members or others.

13. Site Terms of Use Modifications
Hauterfly Digital Media Private Limited may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

14. Governing Law
These Terms of Use and any claim relating to Hauterfly Digital Media Private Limited’s website and app shall be governed by and construed in accordance with the laws of the Republic of India without regard to its conflict of law provisions, and any dispute shall exclusively be subject to the jurisdiction of the appropriate courts situated in Mumbai, India.