Fahdu Terms Of Service For Content Creators

Last updated: 28/12/2023

1. Acceptance of Terms

These Terms of Service (“TOS”) are made by and between Ginie Digital Pvt. Ltd., with its office located at C-205, SM Heights, Phase 8b, Sector 74, Mohali owning the cloud-based application named FAHDU (hereinafter referred as ‘Fahdu’ or the ‘Company’ or the ‘Platform’) and you, the Content Creator (you, your, or Content Creator). BY REGISTERING ON FAHDU AS A CONTENT CREATOR THE AND BY ACCESSING, DOWNLOADING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS APPLICATION, OR ANY FAHDU SERVICES OR CONTENT (INDIVIDUALLY AND COLLECTIVELY, THE "SERVICE"), YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TOS IN THEIR ENTIRETY. THE MOST CURRENT VERSION OF THESE TOS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS AND FAHDU RESERVES THE RIGHT TO CHANGE THE TOS AT ANY TIME AND WITHOUT NOTICE TO YOU (other than posting the changes at the aforementioned web address).

IF YOU DO NOT AGREE TO THE CURRENT TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SERVICE, SINCE YOUR USE OF IT CONSTITUTES ACCEPTANCE OF ALL OF THE MOST CURRENT TERMS AND CONDITIONS FOR ITS USE.

2. Description of Service

Fahdu makes available a collection of resources to its subscribers and followers as the Service. Subscribers can contact the Content Creators (as defined by Section 10 below), select favorites, rate, comment and read other people's Content. Followers can browse topics, profiles, and other people’s Content. Fahdu fosters direct creator-follower relationships.

THE SERVICE IS PROVIDED "AS IS" AND FAHDU ASSUMES NO RESPONSIBILITY FOR TIMELINESS, NON-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, WRITING, IMAGE, OR PERSONALIZATION SETTINGS. ADDITIONALLY, FAHDU PROVIDES INFORMATION WITHOUT WARRANTY OF ANY KIND AND AS SUCH, THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, OR RELIABILITY OF THE INFORMATION.

Unless explicitly stated otherwise, any new features which augment or enhance the Service, including without limitation the release of new Fahdu properties, are subject to the then current TOS.

All users must abide by the TOS. If a Content Creators fails to follow any of the guidelines and/or rules of behavior, Fahdu can discontinue their ability to use the Platform at any time. In addition, we have the right to delete any piece of Content, and provide comment on any topic or profile we find objectionable in our reasonable discretion.

You may only use this platform for purposes expressly permitted by the TOS. As a condition of your use of Fahdu you represent and warrant to Fahdu that you will not use the platform and any Service for any purpose that is unlawful, offensive, and/or prohibited by this TOS.

You alone are totally responsible for any activity that takes place on the platform under your name and password. If you become aware of any unauthorized use of your username and/or password it is your responsibility to notify Fahdu immediately. It is up to you to maintain the confidentiality of your password and username at all times.

You understand that you may receive business-related communications from Fahdu such as Service announcements and account administrative notices and you agree that these communications are not "unsolicited commercial email advertisements" and thus, subject to all applicable laws, you agree to receive them and you will not be able to opt out of receiving such communications.

As a user of the Service you also understand and agree that the Service will also include advertisements. You agree that such advertisements are not "unsolicited commercial email advertisements" and, subject to all applicable laws, you agree to receive them and you will not be able to opt out of receiving such communications. You understand and agree that your correspondence or business dealings with, or participations in promotions of, advertisers found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. You agree that Fahdu shall not be responsible or liable for any loss or damage incurred as the result of such dealings or as the result of the presence of such advertisers on the Service.

You understand that you are responsible for obtaining access to the Service and that access may involve third party fees. You are totally responsible for obtaining such access and paying those fees.

YOU MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS AND VIEW THE SERVICE, AND MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS AND USE ANY "ADULT" DESIGNATED PORTIONS OF THE SERVICE. IF YOU ARE 13 YEARS OR YOUNGER, DO NOT USE THIS SERVICE FOR ANY PURPOSE AS IT IS NOT INTENDED FOR USE BY CHILDREN.

3. Rules of Behavior

WHILE FAHDU EXPLICITLY PROHIBITS THE ABOVE CONDUCT YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT FAHDU SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT AS CARRIED OUT BY ANY THIRD PARTY AT ANY TIME UNLESS EXPRESSLY SET FORTH TO THE CONTRARY BY FAHDU IN WRITING.

YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, FAHDU CAN TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF OR A HEARING.

4. Content

As a Content Creator, you will be able to upload and post a great variety of materials and information, including but not limited to text, audio, video, photographs, graphics and other materials ("Content") by launching your page. This means that you have sole responsibility, not Fahdu, for all of the Content that you upload post, email, transmit or otherwise make available through the Service, and to make sure that you are in compliance with the rules of behavior set forth herein relating to such Content. Any Content that you write, post, upload or link to on Fahdu is entirely your responsibility.

With the artistic tools we provide, you may be able showcase your artwork, engage with the Users and use our merch service to sell products to clients. Memberships are only available to your most devoted fans or users who have subscribed for the services and have become ‘Subscribers’. Through Fahdu, you may offer your fans exclusive content, merchandise, original artwork, and engaging events, among other unique and engaging offerings. Consequently, you will receive revenue from Fahdu Member subscriptions and products in addition to loyal fan support.

Fahdu shall have no liability of any kind with respect to any Content posted by you or other users of the Service. You agree that you must assess and bear all risks associated with your use of any Content. In this regard, you may not rely on any Content created by other Fahdu Content Creators or otherwise created, distributed and displayed on any part of the Service. Fahdu does not control or monitor all of the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

Unless you make it clear that specific Content you post or upload cannot be copied or used by any other users of the Service, you agree that by posting Content you own on the Service, all other users can reproduce and use such Content in connection with the Service, subject to all applicable laws. Fahdu shall have no responsibility for enforcing any rights you may claim in any Content, which shall be your responsibility entirely, and you agree to hold harmless defend, and indemnify Fahdu with respect to any claim you have that other users are reproducing or using your Content as well as for claims by other users that you are reproducing or using their Content without permission. Fahdu will not arbitrate, mediate or resolve any intellectual property or other disputes between users, and has no responsibility for doing same other than as may be specifically required by law.

You hereby grant to Fahdu a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Content or other information communicated by you to Fahdu through this application, and to incorporate any Content, in whole or in part, in other works in any form, media, or technology now known or later developed. You agree that Fahdu will not be bound to treat any Content as confidential and may use any Content in its business (including without limitation, for products, services, marketing, and/or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Fahdu operations or businesses.

You acknowledge that Fahdu may or may not pre-screen Content but that Fahdu and its designees shall have the right, but not the obligation, in its sole discretion to pre-screen, refuse, move, edit, and/or delete any Content that violates these TOS and/or is otherwise objectionable as determined by Fahdu in its sole discretion.

5. Payments

All payments from users or subscribers will be made in the form of Fahdu coins, where 1 Fahdu coin is equivalent to INR 1.

Creators can withdraw the received amount from their withdrawable section.

Payments made by users to creators will be available in the "Withdraw" section after 7 days from the date of receipt.

The amount available in the "Withdraw" section will be paid to creators within a timeframe ranging from 3 minutes to a maximum of 72 hours. This timeframe includes banking days and excludes any banking holidays or national holidays.

6. Links

The Service may provide, or third parties including Fahdu Content Creators may provide, links to other websites or resources, which are not maintained by or related to Fahdu. Links to such sites are provided as a service to our users and are not sponsored by, endorsed or otherwise affiliated with Fahdu. Fahdu has no control over these sites and their content, and makes no representations or warranties about the content, completeness, quality or accuracy of the links, materials or information contained on any such website. Therefore, you acknowledge and agree that Fahdu is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that Fahdu is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any Content, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third-party claims relating to your posting or using such links.

YOU AGREE THAT IF FAHDU REQUESTS YOU TO DISABLE ANY LINK OR REMOVE ANY CONTENT OR MESSAGE WHICH YOU HAVE SHARED OR UPLOADED WHICH VIOLATES TOS OR ANY PLATFORM POLICY OR LOCAL/STATE LAWS. YOU FAIL TO REMOVE IT WITHIN 24 HOURS AFTER RECEIVING SUCH REQUEST, FAHDU HAS THE RIGHT TO REMOVE/ DISABLE SUCH A MESSAGE OR LINK WITHOUT ANY FURTHER NOTICE TO YOU.

7. Indemnity

You agree to indemnify, defend, and hold Fahdu, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (individually and collectively, the “Indemnified Parties”) harmless from any breach of these TOS by you (or anyone on your behalf), including without limitation, any use of content other than as expressly authorized by these TOS. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify, defend, and hold the Indemnified Parties harmless from and against any and all resulting losses, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify, defend, and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Platform including any information accessed from the Platform.

8. No Resale of Service

You agree not to, without the express prior written consent of Fahdu in each instance: reproduce, duplicate, copy, sell, resell, or exploit, for any commercial or other purposes, any portion of the Service or content or other information or materials of any kind that you do not own.

9. Modification and Termination of the Service

Fahdu reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Fahdu will not be liable to you or any third party for the consequences of any modification, suspension or discontinuance of the Service.

10. Fahdu’s Privacy Policy

Personal and certain other information is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed and updated from time to time. Our Privacy Policy, which is incorporated here by reference, is located at [web address/link]. You agree that your use of this Service is subject to the Privacy Policy, and therefore, agree that you will not use this Service unless and until you review the Privacy Policy and agree with its terms in its entirety.

11. Registration

In order to become a Content Creator on Fahdu, you are required to register. Content Creators are subject to the following specific terms in addition to all of the other terms in this Agreement:

12. Practices regarding Use and Storage

You acknowledge that Fahdu may establish general practices and limits regarding use of the Service including, without limitation, the maximum number of email messages or communications which may be sent or received from an account of the Service, the maximum size of any email message that may be sent from or received by an account of the Service, the maximum amount of disk space that will be allotted on Fahdu’s servers on your behalf, and the maximum number of times and duration for which you may access the Service in a given time. You agree that Fahdu has no responsibility or liability for the deletion or failure to store or transmit any messages or communications or other content maintained or transmitted by the Service. You acknowledge and agree that Fahdu reserves the right to log off accounts and deactivate usernames and accounts that are inactive for an extended period of time. You further acknowledge that Fahdu has the right to modify these practices and limits from time to time.

13. No Co-Branding or Framing

You may not use or authorize any party to co-brand or frame Fahdu or any Service without the express prior written permission of an authorized representative of Fahdu, as applicable, in each instance. For purposes of this TOS, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute Fahdu, in whole or in part, and/or any content accessible within Fahdu. For purposes of this TOS, "framing" refers to displaying any Fahdu webpage or Service within a bordered area of another website, regardless of whether the address of the originating Fahdu is visible. You further agree to cease any unauthorized co-branding or framing immediately upon notice from Fahdu.

14. Disclaimer of Warranties

The use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. FAHDU EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FAHDU MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS, (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (5) THAT THE SOFTWARE WILL BE ERROR-FREE AND/OR ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

No advice or information, whether oral or written, obtained by you from Fahdu or through or from the Service shall create a warranty not expressly stated in these TOS.

15. Limitation of Liability

You expressly understand and agree that Fahdu will not be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if Fahdu has been advised of the possibility of such damages or such damages were reasonably foreseeable, resulting from the use or the inability to use the Service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party including advertisers on the Service, the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service, and/or any other matter relating to the Service. In no event will Fahdu be liable to you for any amount of money over One Hundred Indian National Rupee (Rs.100.00), which you acknowledge to be a fair and reasonable sum in the event of any loss by you of any kind.

16. Special Admonition for Services Relating to Financial Matters

If you receive or request any news, messages, or other information from the Service concerning stock quotes, companies, investments, or securities, remember that the Service is provided for entertainment purposes only, and no Content included or information made available by the Service is intended for trading or investing purposes. Fahdu and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment analyses, decisions or actions made by you or any users based on such information or Content..

17. Personally Identifiable Information

Fahdu requests you to act cautiously you against giving out any personally identifying information about yourself, your children, or any other person in any Service or while communicating with Content Creators. In an effort to preserve your privacy, Fahdu agrees that it will treat any personally identifying information that you submit through this application in accordance with the terms outlined in its Privacy Policy located at www.fahdu.com.

18. Disclosures Required by Law

Fahdu reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. Fahdu reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Fahdu to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate the TOS. Fahdu will use reasonable efforts to notify you in connection with any such inquiry; provided, however, that the inquiry in question is not confidential, and further provided that Fahdu shall have no duty to disclose such information and therefore shall not be liable to you in connection with any non-disclosure.

19.

BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD FAHDU HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FAHDU DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER FAHDU OR ANY LAW ENFORCEMENT ORE REGULATORY AUTHORITIES.

20. Disputes

If there is any dispute about or involving the Fahdu and/or the Service, you agree that any dispute shall be governed by the laws of the State of Himachal Pradesh, without regard to conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and local courts of the Solan, Himachal Pradesh, India.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

21. Miscellaneous Terms; General Information

These TOS govern the terms and conditions of your use of the Service, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Fahdu with respect to the Service and this application. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use or purchase certain elements of the Service, affiliate or advertiser services, third-party content or third-party software. Fahdu may revise these TOS at any time by updating this posting. Accordingly, you should review the TOS periodically to determine if any changes have been made. Your continued use of this application after any changes have been made to the TOS signifies and confirms your acceptance of any such changes or amendments to these TOS.

The failure of Fahdu to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of the TOS by Fahdu must be in writing and signed by an authorized representative of Fahdu to be effective.

If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties' intentions as reflected in the provision, and the other provisions of these TOS, shall remain in full force and effect.

The section titles in the Agreement are for convenience only and have no legal or contractual effect.

Nothing contained in these TOS shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each is and shall remain independent contractors (to the extent applicable), and therefore, responsible for its own actions.

Please immediately report any violations of these TOS to Fahdu at contact@fahdu.com.