Terms of Use

These Terms govern your access to, usage of all content, Product, features and Services available at https://ankahekisse.com website and Mobile Applications (the “Service”) operated by(“us”, “we”, or “our”).

Our Website/Application facilitates a User to (not limited to):

  •  upload and publish literary works (such as books, poems, articles, etc. and includes cover images/ other images used in each such work) (“Published Work(s)”) on the Website/Application in different languages and the User doing so is hereinafter referred to as an “Author”, and/or
  • consume such Published Works as well as any such works published by Ankahekisse.com itself on the Website/ Application and the User doing so is hereinafter referred to as a “Reader”.

Published Works and Ankahekisse.com Content shall together be referred to as “Content”.

We also offer “Features” including but not limited to

  • submitting reviews on the Content
  • chat to communicate with other Users
  • setting a username, profile picture and entering other details on the User’s profile

All material uploaded by the User while using these features shall be referred to as (“Inputs”).

By browsing through the Website/Application and availing the Services, You agree to be bound by these Terms of Service read along with the “Privacy Policy” and represent that You are above 18 (eighteen) years of age and have the authority to enter into a binding contract with Company. If You are under 18 (eighteen) years of age, You must obtain consent from Your parent(s) or authorized legal guardian(s) who will be responsible for your acceptance and compliance of these Terms of Service and such consent from Your parent(s) or authorized legal guardian(s) shall be forthwith furnished to the Company, if so required by the Company.  If You do not have consent from Your parent(s) or authorized legal guardian(s), You must immediately stop using/accessing the Website/Application.

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 Service binding on the User. These Terms of Service 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.

Your access to our services is subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules and policies published and that may be published from time to time by us.

Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to any part of the terms of the Agreement, then you may not access or use our Services.

Intellectual Property

The Agreement does not transfer from Us to you any of Ours or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with and its licensors.

Third-Party Services

In using the Services, you may use third-party services, products, software, embeds, or applications developed by a third party (“Third-Party Services”).

If you use any Third Party Services, you understand that:

  • Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party websites or Services.
  • You acknowledge and agree that We shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods or services available on or through any such websites or services.

Accounts

Where use of any part of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account.

You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.

You are responsible for maintaining the security of your account that you use to access the Service. You shall not share or misuse your access credentials. You must notify us immediately of any unauthorized uses of your account or upon becoming aware of any other breach of security.

Links To Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by us.

assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. shall also not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

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

Termination

We may terminate or suspend your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately.

If you wish to terminate the Agreement or your account, you may simply discontinue using our Services.

All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

User Obligations

By using the Services, User agrees to abide by the below obligations:

  • To provide complete and accurate information while registering on the Website/Application and to contact and intimate us through e-mails, if there is any change in such information. Further, User must not impersonate any other person (whether living or dead).
  • To maintain confidentiality of the User’s account details and be responsible for any use of the Services through the User’s account.
  • User shall ensure that the copyrights in the Published Works uploaded are fully owned by the User or validly assigned/ licensed to, that the Published Works are original, and that the Published Works do not violate any rights of any third-party including without limitation the patent, trademark, copyright, other proprietary rights or any personal/personality rights of any third-party.
  • To adhere to Content Guidelines and policies (included herein below) and all other policies and guidelines published by the Ankahekisse.com anywhere on the Website/Application.
  • To not reproduce any Content from the Website/Application and publish it on any other platform or medium without authority or prior written permission from the us, whether for commercial gain or otherwise.
  • Allow us to do the following till the User’s account exists or till the User’s Published Works are published on the Website/Application, whichever is earlier:
    • publicly display their name/username to attribute the Published Works uploaded on the Website/Application; and
    • adapt, publish, reproduce, process, modify the Published Works, publicly perform and display the User’s Published Works and any name, username or likeness provided in connection with such Published Works, on a non-exclusive basis, for the purpose of distributing, disseminating, transmitting the Published Works and such derivatives on any mode, medium or through any distribution method worldwide, including those which may come into existence in the future in relation to the Website/Application/Services and for the marketing and promotion of the Services and/or Published Works through any social media handle and/or channel of ours and/or through any third party channels. It is hereby clarified that our right to market and promote includes the right to create snippets of the Published Works and/or combine the Published Works and/or such snippets of the Published Works with works of other authors on the Website/Application and create and publish lists of top authors on the Website/Application in the manner as we deem fit.
    • Not use the Services to perform any illegal activities nor solicit the performance of any illegal or any activity which leads to violation of third party’s rights.
    • To not upload any material which contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource used to provide the Services. 
    • To not advertise or solicit any products or services, including offers with respect to a User’s Published Works in any manner on the Website/Application, including by publishing such messages as Published Works or through the Features available on the Website/Application.
    • To not approach or target Users with any communication in any manner, including in the form of Published Works or through the Features, which are in the nature of spamming and with an intention to cause the Users to remove their Published Works from the Website/Application or to on-board the Users and/or their Published Works onto other content platforms or to initiate conversation with Users for the foregoing.
    • Do not compromise security of our website/application by  
      • scan or test the vulnerability of the Website/Application;
      • Not disrupt or breach the security or authentication measures or circumvent the navigational structure, with respect to the Website/Application or the network;
      • Not use any manual or automated software, devices or other processes to “crawl” or “spider” any part of the Website/Application;
      • Not to use cheats, exploits, automation, software, bots, hacks, or any unauthorized third-party software to modify or interfere with the Services or in any manner to gain undue advantage from the Services or features;
  •  Not engage in any unfair conduct.
  • To access and use the Services solely for the User’s personal and non-commercial purposes, except as allowed on the Website/Application, and to not access the Website/Application or obtain the Content through any means other than as permitted. 
  •  Not trace any information pertaining to another User or exploit any such information, including storing and collecting the same.
  •  To not use, misuse or misappropriate the trademark ‘Ankahekisse.com’, any logo or any design of the Website/Application, which are owned/used by us for any unauthorized purpose.
  • Not do any act which might bring Ankahekisse.com, the Website/Application into public disrepute.
  • We through our Website/Application receives, stores and transmits Published Works/Inputs solely on behalf of the Users in accordance with the permissions granted herein. Users remain the sole authors and owners of their Published Works/Inputs. Further, we do not control or restrict the publishing or reading of the Published Works/Inputs nor modifies the same prior to upload of the same on the Website/Application or anytime thereafter subject to User’s written requests. We are an ‘intermediary’ as defined under the Information Technology Act, 2000 and its rules (as may be updated from time to time) and is not responsible for the Published Works/Inputs uploaded on the Website/Application.
  • You are solely responsible to the us and to any third party for any breach of Your obligations under the Terms of Service and for the consequences (including any loss or damage which the Company or its affiliates or its Users may suffer for any such breach).
  • User shall indemnify and shall keep indemnified, save, defend and hold harmless to us, our affiliates and our respective directors, employees, successors and assigns from and against any and all losses, liabilities, expenses, damages (whether or not resulting from third party claims), arising from our legitimate use of any Published  Works published on the Website/Application by the User and/or breach by the User of these Terms of Service or any other policies/guidelines issued by us time-to-time. We reserve the right to defend ourselves in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.
  • The rights and obligations under these Terms of Service 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 Service to other party including Our affiliates. This can happen in situations including without limitation when, for example, We enter into a merger with another company and/or creates a new company.

Our Authorities

User acknowledges the following rights of Ankahekisse.com:

  • We have the right to remove any Published Works/Inputs which it deems objectionable or is infringing, as per its discretion or as required under law.
  • We have the right to restrict/suspend/terminate the account of any User to access all or part of the Services, at its discretion, including for violation by the User of these Terms of Service.
  • 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 us on the Website/Application and other distinctive brand features of the Website/Application are exclusively owned by us and all intellectual property rights vested therein belong to us.
  • All Content belongs to us or its licensors. No rights therein transfer to the Users except for the purpose of legitimate use of the Service in accordance with these Terms of Service.
  • We shall process the personal data of the Users submitted in accordance with the Privacy Policy.
  • We shall decide the terms and conditions associated with any features introduced on the Website/Application pertaining to issue of virtual currency on the Website/Application and the way they can be used by the Users. Such terms shall be as set forth herein or as communicated to the User via the Website/Application
  • We may disclose the details of any User or any other details regarding the Published Works/Inputs 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.
  • We may put in place enhanced security and technical measures from time to time to prevent and tackle violation of copyrights of Users or third parties, as suitable.
  • We, as an intermediary, has the duty to take necessary action against any Published Works/Inputs that violates the Information Technology Act, 2000 and its rules which is brought to its notice and the User shall abide by such actions taken by the Company.

CONTENT GUIDELINES

Published Works/Inputs uploaded on the Website/Application must:

  • Do not publish any Published Works/Inputs which are grossly harmful, infringing, 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 whatsoever.
  • Do not publish Published Works/Inputs that can threaten 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
  • Do not publish Published Works/Inputs which can harm minors in any way.
  • Do not publish Published Works/Inputs which deceive or mislead a reader about the origin of the Content or communicates any information which is grossly offensive or menacing in nature.

Disclaimer

Our Services are provided “AS IS” and “AS AVAILABLE” basis and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither, nor its suppliers and licensors, makes any warranty that our Services will be error-free or that access thereto will be continuous or uninterrupted.

You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Jurisdiction and Applicable Law

The Agreement and any access to or use of our Services will be governed by the laws of INDIA.

The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Bilaspur C.G.

Changes

reserves the right, at our sole discretion, to modify or replace these Terms at any time.

If we make changes that are material, we will let you know by posting on our website, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect.

We will try to provide at least 30 days notice prior to the effective changes. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective.

Your continued use of our Services will be subject to the new terms.

Please note that in case of any conflict arising in the interpretation of the Terms of Service 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.

Contact Us

If you have any questions about these Terms of Use, please contact us at
contact-us@ankahekisse.com

Last Updated: March 10, 2024