This page describes the terms on which The Good Creator Co. offers
you access to its content and services (“Terms”). They apply to your
use of our website, app or any related applications (including
mobile phone applications) or on any other media formats for the
purposes of promoting The Good Creator Co. (collectively referred to
as the “Platform”). By using the Platform, you agree to the Terms &
Youtube's terms of service. It is therefore important that you read
these Terms carefully.We may from time to time update or change
these Terms. Changes take effect 30 days after we post them on the
Platform, and by continuing to Use the Platform, you will be subject
to these changes and the new Terms. We therefore recommend that you
revisit this page regularly to stay informed of the current Terms
which apply to your use of the Platform. These Terms supersede all
previous oral and written terms and conditions (if any) communicated
to you.These Terms supplement and are in addition to the terms of
our Privacy Policy. Our Privacy Policy explains the personal data
that we collect about you and process when you use the Platform.
THE PLATFORM
The Platform and the content and services available from it, all of
which are currently accessed from the domain, is owned and operated
by Luxeva India Private Limited trading as The Good Creator Company.
PRICING
Our pricing is variable and changes from one customer to another
based on the services rendered.
CANCELLATION & REFUND POLICY
Refunds and cancellation depend from service to service. Each
request is to be taken up with the account manager & sales
executive.
YOUR USE OF THE PLATFORM
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Your Use of the Platform is solely for your own personal use. You
should not:
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Use the Platform to copy, reproduce, use or otherwise deal
with any content of the Platform;
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Use the content of the Platform or any part of it for any
commercial exploitation (except where you first obtain a
licence to do so from us);
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Modify, delete, distribute or re-post any content of the
Platform, including but not limited to, legal notices,
disclaimers or proprietary notices such as copyright or
trademark symbols, logos etc. that you do not own or have
express permission to modify;
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Engage in any form of antisocial, disrupting, or destructive
acts, including "flaming," "spamming," "flooding," "trolling,"
“phishing” and "griefing" as those terms are commonly
understood and used on the Internet;• reproduce, crawl or
frame the Platform on or from any other website and/or mobile
application; or
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Use the Platform in a way that might reasonably be expected to
cause the Platform to be interrupted, damaged, rendered less
efficient or in a manner which could in any way damage the
operation of another user’s computer:
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In the event of any actual or suspected breach, your Use of
the Platform will be terminated immediately.
THIRD PARTY WEBSITES/MOBILE APPLICATIONS, GOODS AND SERVICES
The Platform provides links to third party websites and/or mobile
applications. We make no representations as to the quality,
suitability, functionality or legality of any sites to which we may
provide links, or any goods or services available from such sites.
You acknowledge that when you access a link that leaves the website
of the Platform, the site you will enter into is not controlled by
The Good Creator Co. and different terms of use and privacy policies
may apply. By accessing links to other sites, you acknowledge that
The Good Creator Co. is not responsible for those sites. The Good
Creator Co. reserves the right to disable links from third-party
sites to the Platform, although The Good Creator Co. is under no
obligation to do so.All matters concerning any goods and/or services
that you purchase from a third party site, including without
limitation all contract terms, are solely between you and the owner
of that site and you agree not to hold The Good Creator Co.
responsible or liable for any costs or damages to you or any third
party arising directly or indirectly out of the purchase/availing by
you of goods and/or services from any third party website and/or
mobile application.
USER-GENERATED CONTENT
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The Good Creator Co. provides users with access to a discussion
and Q&A forum. The Platform, therefore, contains user-generated
content (“UGC”) which we do not pre-screen and which contains
views that are the opinions of those users. These views do not
represent The Good Creator Co. views, opinions, beliefs, morals or
values and so, whilst we will do our best to monitor, edit or
remove such UGC where we consider it appropriate or necessary to
do so, we cannot promise that the content in or on the Platform
(or any of it) is accurate, complete or up-to-date, that it will
not offend or upset or that it does not infringe the intellectual
property of other third parties.Further, some users may post
content or advice, medical or otherwise, in the form of answers to
the questions posed by other users on the Q&A and discussion
forums on the Platform. Such content and/or advice shall be for
informational purposes only and any reliance placed on such
content and/or advice by the users shall solely be at their own
risk. The answers and messages posted by such users are their sole
creation and responsibility. We do not endorse or guarantee the
completeness, truthfulness, accuracy, or reliability of any
answers or messages posted by such users, nor do we endorse any
opinions they express. It is further clarified that The Good
Creator Co. shall not be liable for any consequence arising from
or in connection with such content and/or advice.The user
represents and warrants that, (i) where the UGC posted by a
relevant user which does not belong to such user, the user has
procured the right or the necessary permission or license to use
the said UGC; and, (ii) the user shall not post or publish any UGC
which is in contravention of any Indian laws, that which has not
been created by the user, or that which violates the rights, title
and interest of another person. Further, the user agrees and
acknowledges that UGC posted or published on the Platform by such
user is non-confidential and that the user submits such
information at their own risk.Registration To post any comments,
messages, files, photos or images on our discussion and Q&A forum,
you will need to register an account with us.To register an
account with us, you will need to provide us with your name, email
address and a password. You must be 18 years or older to register
an account with The Good Creator Company. By registering an
account with us, you represent and warrant that you are at least
18 years old, that all information you submit is true, accurate
and complete and you shall comply with these Terms. You must keep
your account details up-to-date at all times including through
provision of a valid and working email address, and you must keep
the password which you use to access your account on the Platform
confidential and must not disclose it to or share it with anyone.
You will be responsible for all activities that occur under your
password. You may not sell or otherwise transfer your The Good
Creator Co. account to another person or entity. The Good Creator
Co. reserves the right to refuse to offer access to or use of the
Platform to any person or entity at The Good Creator Co. sole
discretion including by changing its eligibility criteria at any
time.Interaction on the Platform You understand and agree that any
interactions and associated issues with other users of the
Platform or third party website on the Platform including but not
limited to your issues in relation to use of the Platform and your
experiences is strictly between you and the other users. You shall
not hold us responsible for any such interactions and associated
issues.Prohibited User-Generated Content You are solely
responsible for the UGC that you post on the Platform. Please
therefore choose carefully the information that you post on the
Platform. You shall not host, display, upload, modify, publish,
transmit, update or share any information (in any media or form),
whether in the form of an article, comment, query, response or
otherwise, that:
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Violates these Terms or any applicable law for the time being
in force including, but not limited to, those governing false
advertising, consumer protection and safety, discrimination,
terror and hate speech;
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Is grossly harmful, blasphemous, obscene, pornographic,
paedophilic or harmful to minors in anyway, hateful, or
racially and ethnically objectionable, disparaging, relating
or encouraging money laundering or gambling, false, malicious,
inaccurate or misleading, fraudulent in nature or involving
the sale of counterfeit or stolen items or items which are
otherwise illegal or otherwise unlawful in any manner
whatsoever;
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Links directly or indirectly, reference or describe goods or
services that are prohibited under these Terms or applicable
law;
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Belongs to another person and upon which you do not have any
right; which infringes upon any third party’s intellectual
property rights or other proprietary rights including but not
limited to copyright, patent, trademark, database rights and
trade secrets;
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Infringes upon any third party’s rights of privacy,
personality or endorsement;
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Is defamatory, libellous, seditious, harassing, threatening,
invasive of another’s privacy, impersonates or intimidates any
person (including The Good Creator Co., its personnel or
users), or falsely states, impersonates and/or otherwise
misrepresents an affiliation with any person or entity,
through for example, the use of similar email address, account
names, nicknames, or the creation of false accounts, deceives
or misleads the addressee about the origin of such messages or
communicates any information which is grossly offensive or
menacing in nature;
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Advertises or promotes anything including personal or
commercial websites;causes The Good Creator Co. to violate any
applicable law, statute, ordinance or regulation including
through taking a fee for a sale you make;
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Contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the
functionality of any computer resource or otherwise interfere
with any person or entity’s use or enjoyment of the Platform;
and
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Threatens the unity, integrity, defense, 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.
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This is a non-exhaustive list which should be used as a guide on
what you must not post on the Platform or transmit to other
users.You agree not to hold The Good Creator Co. responsible or
liable for any material posted on the Platform by you or other
users. If you become aware of misuse of the Platform or wish to
report any grievance as a result of your access or usage of the
Platform, please get in touch at rescue@goodcreator.co. We shall,
subject to the Terms set out herein and applicable laws, redress
such grievance within 1 month from the date of receipt of
grievance by us. The Good Creator Co. reserves the right to
reject, refuse to post and/or delete any UGC for any reason
whatsoever, including, but not limited to, UGC being, in the sole
opinion of The Good Creator Co., in violation of these Terms or
being considered to be offensive, illegal or in violation of the
rights of any person or entity, or being harmful or threatening
the safety of others.Intellectual Property Rights The Good Creator
Co. does not claim any ownership rights in the text, files, images
including photos, videos, sounds, musical works, or any UGC that
you submit, display or publish on the Platform. After posting UGC
on the Platform, you continue to own the rights that you may have
in that UGC, subject to the limited licence set out here.By
posting any UGC on the Platform, you hereby grant to The Good
Creator Co., a limited licence to use, change (including by
deleting from or adding to UGC), perform, display, reproduce, and
distribute such UGC on the Platform or any related applications
(including mobile phone applications) or on any other media
formats for the purposes of promoting The Good Creator Co. The
licence you grant to The Good Creator Co. is worldwide,
non-exclusive, royalty-free and sub-licensable. You warrant and
represent that:
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You own or have the necessary right to submit your UGC for use
on the Platform, and to grant the licence mentioned above; and
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The posting of your UGC on the Platform does not violate the
rights of any third parties including privacy rights,
publicity rights, copyrights, contractual rights or any other
rights; and
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You agree to pay all royalties, fees, and any other monies
owing to any third party as a result of the use by us or any
of our users of any UGC posted by you on the Platform, and
agree that once UGC is displayed on the Platform, The Good
Creator Co. is under no obligation to delete that content, and
therefore it may continue to appear and be used indefinitely.
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Compliance with laws If you choose to use the Platform outside
India, then you are responsible for your compliance with local
laws to the extent they are applicable. You specifically agree to
comply with all local laws regarding online conduct and acceptable
user-generated content.
NEWSLETTERS
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By registering an account with us, you agree to receive an The
Good Creator Co. newsletter by email from time to time. If you do
not wish to receive these newsletters you may unsubscribe from the
mailing list once you have registered using the link in the
emailer.
INTELLECTUAL PROPERTY RIGHTS
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The Good Creator Co. owns rights in the name and trademark The
Good Creator Company and the The Good Creator Co. logos that
appear on the Platform (the “Logo”). You are not permitted to, and
you agree not to, use these marks in any way (including as part of
any other trademark, company name or domain name), in connection
with any product or service. The Good Creator Co. owns or is the
authorised licensee of all intellectual property rights (including
copyright) in and to the Platform including intellectual property
rights in the content hosted, published, displayed, uploaded on
the Platform by us (other than the UGC, subject to the license
granted herein). Copyright laws and treaties throughout the world
protect these works and all rights in and to them are reserved by
us. No information, content or material from The Good Creator Co.
may be copied, reproduced, republished, uploaded, posted,
transmitted or distributed in any way without The Good Creator Co.
express written permission.The treatment of ownership of rights in
UGC is set out in paragraph 4 above.
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DISPUTE RESOLUTION: If you consider there to be a dispute
between you and The Good Creator Co., please contact us at
rescue@goodcreator.co. These Terms and the privacy policy
available separately on the Platform shall be governed by and
construed in accordance with the laws of India. You agree to
submit to the exclusive jurisdiction of the courts of India to
resolve any dispute arising out of the Terms or your use of
the Platform. Your Use of the Platform is not permitted in any
jurisdiction that does not give effect to all provisions of
the Terms, including without limitation, this section.
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LIABILITY: The content on the Platform has been provided in
good faith on an “as is where is” basis without any warranty
as to fitness for purpose. The content may contain
inaccuracies or typographical errors. Whilst The Good Creator
Co. endeavours to ensure that the information on the Platform
is correct, no warranty, express or implied, is given as to
its accuracy and The Good Creator Co. does not accept any
liability for error or omission or that the functions
contained in content, information and materials on the
Platform, including, without limitation any third party sites
or services linked to the Platform will be uninterrupted or
timely, or that the defects will be rectified, or that the
Platform or the servers that make such content, information
and materials available are free of viruses or other harmful
components. In using the Platform, you agree that The Good
Creator Co. or any of its employees, contractors, partners,
sponsors, advertisers or others, are not responsible or liable
for any content or items, including but not limited to any
text, information, images including photographs or graphics,
audio clips, video clips, and web-links posted by you, other
users, or third parties onto the Platform. You also agree that
The Good Creator Co. or any of their affiliates are not
responsible for the content or availability of third party
websites and/or mobile applications linked to or referenced on
the Platform. You agree that The Good Creator Co. or any of
their affiliates shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with your use of or reliance on any
such content or on the goods or services available on or
through any such websites and/or mobile applications or any
other matter relating to the The Good Creator Co.. Any
material downloaded or otherwise obtained through the Platform
is accessed at your own risk, and you will be solely
responsible for any damage or loss of data that results from
such download to your computer system. The Good Creator Co.
cannot and will not assure you that other users are or will be
complying with the foregoing rules or any other provisions of
these Terms, and, as between you and The Good Creator Co., you
hereby assume all risk of harm or injury resulting from any
such lack of compliance by you. Nothing in this Agreement
shall limit or exclude our liability for fraudulent
misrepresentation, for death or personal injury resulting from
our negligence or the negligence of our agents or employees or
for any other liability that cannot be limited or excluded by
law.
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BREACH OF THESE TERMS: The Good Creator Co. shall be entitled
to and reserves the right to restrict, suspend or terminate
your The Good Creator Co. account or deny you access to the
Platform or take such other action as The Good Creator Co.
deems appropriate, with or without notice to you, if it
determines, in its sole discretion, that you are in breach any
of the Terms or that your use of the Platform is inappropriate
or otherwise unacceptable, whether or not on the basis of a
user or a third party report of violation of its right as a
result of your use of the Platform. Upon suspension or
termination of your account with us, we reserve the right to
remove or delete your information that is available with us,
including but not limited to your login, account information
and information posted by you. The restriction, suspension or
termination of your The Good Creator Co. account or your
access to the Platform pursuant to this section will be
without prejudice to any rights which The Good Creator Co. may
have against you in respect of your breach of these Terms. The
Good Creator Co. shall be entitled to disclose your user
identity and details if required or requested by the courts or
other law enforcement authorities and/or agencies or in such
other circumstances as The Good Creator Co. in its sole
discretion considers reasonably necessary or appropriate.
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INDEMNIFICATION: You agree to indemnify and hold each of
Luxeva, its directors, representatives, employees and
contractors, harmless from any claim or demand, including
reasonable solicitors fees, made by any third party due to or
arising out of your use of the Platform, the breach of these
Terms by you, or the infringement by you of any intellectual
property or other right of any other person or entity.
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GENERAL: If any provision of these Terms is unenforceable as
determined by a court of competent jurisdiction under your
national law, then such provision shall be struck out. All
remaining provisions shall remain in full force and effect. If
we delay or fail to act in respect of any breach by you of
these Terms, this will not operate as a waiver of our right to
act in relation to subsequent or similar breaches by you.
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Notices: If you need to give us notice of anything, you must write
to us in English at rescue@goodcreator.co. If we need to give you
notice of anything, we shall write to you at the email address you
provide to us, either during the registration process or when your
email address changes. Notice shall be deemed given 24 hours after
an email is sent, unless the sender is notified that the email
address is invalid or receives any ‘delivery failure’
notification. If you have any questions about this, please contact
rescue@goodcreator.co