DESCRIPTION OF SERVICE
Tinkleonline.com is India’s first destination site for tweens (8-12+ years). It is a unique site for engaging activities and social networking. The service is designed to be a safe introduction to the online world. Users can create trading cards, stories, play games and form clubs to participate in contests. Amar Chitra Katha Pvt. Ltd. owns www.tinkle.in and related sites www.amarchitrakatha.com.
1. ACKNOWLEDGEMENT AND ACCEPTANCE OF THE TERMS OF SERVICE
This page states the Terms and Conditions under which you may use this website. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use the website. Amar Chitra Katha Pvt. Ltd. (“Company”) reserves the right to change these Terms and Conditions at any time without notice and with immediate, retroactive effect. Each visitor agrees to review the website regularly for changes in the Terms and Conditions. By using Amar Chitra Katha Pvt. Ltd.’s services, you are agreeing to be bound by these terms of service. The Web Sites are offered to you on your acceptance without modification of the terms, conditions and notices contained herein and constitute your agreement to all such terms, conditions and notices.
In these Terms of Service the following meanings will apply:
“Agreement” means this agreement between Amar Chitra Katha Pvt. Ltd. and the User for the provision of the Services;
“Services” means, services offered by Amar Chitra Katha Pvt. Ltd. “Website” means the Websites operated by Amar Chitra Katha Pvt. Ltd. whose URLs are
www.amarchitrakatha.com and www.tinkle.in and/or such other websites and web pages operated by Amar Chitra Katha Private Limited or its affiliates.
3. USER’S OBLIGATIONS
3.1 The User agrees:
- To provide true, accurate, current and complete information about the User as prompted by the support form;
- To abide by all applicable laws and regulations when using the Service
- Not to frame the Website or provide a link to a page on the Website without the consent of Amar Chitra Katha Pvt. Ltd;
- Not to transmit through the Service any unlawful, unsolicited, abusive, threatening, obscene or otherwise objectionable material of any kind, or any material that violates the rights of a third party, including but not limited to the intellectual property rights of that party;
- Not to transmit through the Service any computer viruses, Trojan horses, worms, dialers or other software routine designed to permit unauthorised access to a computer system or to disable, erase or otherwise damage software, hardware or data or cause computer system to become inoperative; and
- Not to transmit “junk mail”, “spam”, “chain letters”, or distribute unsolicited mass messaging of any nature.
4. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular Service requires the User to open an account, the User must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form. The User is entirely responsible for maintaining the confidentiality of the User’s password and account. Furthermore, the User is entirely responsible for any and all activities that occur under the User’s account. The user agrees to notify Amar Chitra Katha Pvt. Ltd. immediately of any unauthorized use of the account or any other breach of security.
Amar Chitra Katha Pvt. Ltd. will not be liable for any loss that the User may incur as a result of someone else using the User’s password or account, either with or without the User’s knowledge. However, the User shall be held liable for losses incurred by Amar Chitra Katha Pvt. Ltd. or another party due to someone else using the User’s account or password.
The User shall not use anyone else’s account at any time, without the permission of the account holder.
5. NO UNLAWFUL OR PROHIBITED USE
As a condition of use of the Services, the User will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The User will not attempt to gain unauthorized access to any Service, other accounts, computer systems or networks connected to any Service, through hacking or any other means. The User shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
6. PROPRIETARY RIGHTS OF AMAR CHITRA KATHA PVT. LTD.
The User acknowledges and agrees that all intellectual property rights, including but not limited to copyrights, trademarks, service marks or patents, in all material and content (including but not limited to text, software, music, sound, photographs, graphics and video) made available to User through the Service is at all times vested in Amar Chitra Katha Pvt. Ltd. or its licensors. The User acknowledges and agrees that the User is permitted to use this material and information only as set out in these Terms of Service or as otherwise expressly authorised by Amar Chitra Katha Pvt. Ltd. or its licensors in writing, and that the User may not otherwise copy, reproduce, transmit, distribute, commercially exploit or create derivative works of such material and information. Unless otherwise specified, the Services are for the User’s personal and non-commercial use. The User shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
This website and websites accessible through this website contain trademarks, copyrights and intellectual property rights of ACK MEDIA DIRECT PVT.Ltd and other entities. ACK Media Direct Private Limited does not stake claim in the ownership and/or rights in the intellectual property rights of which it is not an owner or licensee or permitted user.
7. DATA PROTECTION
8. MATERIALS PROVIDED TO AMAR CHITRA KATHA OR POSTED AT ANY THE WEB SITE
Amar Chitra Katha Pvt. Ltd. does not claim ownership of the materials the User may provide to Amar Chitra Katha Pvt. Ltd. However, by posting, uploading, inputting, providing or submitting the User’s Materials, the User unconditionally grants to Amar Chitra Katha Pvt. Ltd., its affiliated companies and necessary sub licensees permission to use the User’s Materials in connection with the operation of its Internet businesses including, without limitation, the rights (without payment of any compensation to the User) to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the User’s Materials. Amar Chitra Katha Pvt. Ltd. may remove the User’s Materials from the Website at any time in its sole discretion without reference to the User.
9. CHANGES IN THE TERMS OF SERVICE AND THE SERVICE AND NOTICES BETWEEN AMAR CHITRA KATHA PVT. LTD. AND THE USER
9.1 We reserve the right to:
- Change the terms, conditions, and notices under which the Services are offered, including but not limited to the charges associated with the use of the Services.
- Modify or withdraw temporarily or permanently the Services (or any part thereof) with or without notice to the User and the User confirms that we shall not be liable to you or any third party for any modification to or withdrawal of the Services; and/or
- Change the conditions from time to time. The User’s continued use of the Services or any part thereof following such change shall be deemed to be the User’s acceptance of such change.
- The User shall be responsible for regularly reviewing these terms and conditions.
The User agrees to fully indemnify, defend and hold us and our offices, directors, employees and suppliers harmless immediately on demand and against all claims, liability, damages, losses, costs and expenses including reasonable legal fees arising out of any breach of these Terms of Service by the User or any other liabilities arising out of the User’s use of the Services or the Website or the use by any other person accessing the Services or Website using your account and all your personal information.
11. LINKS TO 3rd PARTY WEBSITES
- The Service may provide links to other Websites or resources. The User acknowledges and agrees that Amar Chitra Katha Pvt. Ltd is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources.
- The User’s dealings with any third parties accessed through the Service, including payment and delivery of any goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such third party. The User agrees not to hold Amar Chitra Katha Pvt. Ltd liable for any loss or damage incurred as a result of such dealings.
12. GOVERNING LAW AND DISPUTE RESOLUTION
- These Terms of Service and the relationship between the User and Amar Chitra Katha Pvt. Ltd will be governed by Indian law. Courts in Mumbai, Maharashtra shall have jurisdiction in respect of all the terms, conditions and disclaimers. Please note that online privacy laws of other countries (e.g., Children’s Online Privacy Protection Act –COPPA in the US) do not apply. By selecting yes to these terms and conditions you are agreeing that the service relation between you and tinkleonline.com and any other sites affiliated to Amar Chitra Katha Pvt. Ltd. is governed by Indian law, and as such we will not be bound to comply and laws and regulations of any other country. You also consent that all data gathered will be governed by Indian laws regardless of the physical location of the servers that store that data.
- The failure of User and Amar Chitra Katha Pvt. Ltd. to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found to be invalid, the parties agree that the invalid provision will be deemed to be replaced by a valid, enforceable provision that reflects the parties’ original intentions, and the other provisions of these Terms of Service remain in full force and effect.
- Any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one calendar month of such claim or cause of action arising or be forever barred.
- Amar Chitra Katha Pvt. Ltd will endeavour to provide the Service using reasonable skill and care. Amar Chitra Katha Pvt. Ltd makes no further representations or warranties (express or implied) in relation to the Service other than as set out in this Agreement.
- Subject to section 12.1 and to the extent permitted by law, Amar Chitra Katha Pvt. Ltd expressly disclaims all conditions and warranties of any kind, whether express or implied, including but not limited to the implied conditions of satisfactory quality, fitness for a particular purpose and non-infringement of proprietary rights.
- The User expressly agrees that use of the Service is at the User’s sole risk. The Service is provided on an “as is” and “as available” basis and that the content available through the Service may be incomplete or inaccurate.
- Subject to section 13.1 and to the extent permitted by law Amar Chitra Katha Pvt. Ltd makes no warranty that the Service will meet the User’s specific requirements, or that the Service will be uninterrupted, timely, secure, or error free; nor does Amar Chitra Katha Pvt. Ltd make any warranty as to the results that may be obtained from the use of the Service.
- No guidance, advice or information, whether oral or written, and whether or not it is provided prior to agreeing to these Terms of Service or not obtained by the User from Amar Chitra Katha Pvt. Ltd or through or from the Service will create any warranty not expressly stated herein. The Terms of Service constitute the entire agreement between Amar Chitra Katha Pvt. Ltd and the User.
14. THIRD PARTY RIGHTS
A person who is not a party to this Agreement has no rights to enforce any term of this Agreement.
- Subject to section 14.4, Amar Chitra Katha Pvt. Ltd will not be liable for any direct, indirect, incidental, special or consequential damages, including but not limited to damages for loss of profits, use, data or other intangibles, resulting from:
The User’s use of or inability to use the Service;
Unauthorised access to or alteration of the User’s transmissions or data;
Interruption, modification, suspension or termination of the Service, whether such interruption, modification, suspension or termination was justified or not, negligent, inadvertent or intentional.
- Subject to section 14.4, Amar Chitra Katha Pvt. Ltd accepts no liability for any errors or omissions in content or information contained on the Website.
- The User understands that Amar Chitra Katha Pvt. Ltd is not responsible for the security of the data transmissions between Amar Chitra Katha Pvt. Ltd and the User, including but not limited to the transmission of the payment information such as credit card numbers. Subject to section 14.1 and to the extent permitted by law, Amar Chitra Katha Pvt. Ltd expressly disclaims all warranties of any kind, whether expressed, or implied, for the security of the data transmission between Amar Chitra Katha Pvt. Ltd and the User.
- Nothing in these Terms of Service excludes or limits Amar Chitra Katha Pvt. Ltd’s liability for death or personal injury resulting from its negligence, or loss or damage caused by Amar Chitra Katha Pvt. Ltd’s fraud, gross negligence or willful misconduct.
- The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of or from the Service is obtained at the User’s own discretion and risk.
16. TERMINATION/ACCESS RESTRICTION
Amar Chitra Katha Pvt. Ltd. reserves the right, in its sole discretion, to terminate access to any or all Services and the related services or any portion thereof at any time, without notice.
Amar Chitra Katha Pvt. Ltd. may also terminate or suspend access to the Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Amar Chitra Katha Pvt. Ltd.
Amar Chitra Katha Pvt. Ltd. shall have no obligation to maintain any content or to forward any unread or unsent messages to the User or any third party.
17. USER-SUBMITTED CONTENT
By submitting original works to the website, the end-user hereby grants to Amar Chitra Katha Private Limited, the absolute rights and permission to copyright, use, publish, reproduce, broadcast and/or webcast my Content and of the likeness of the Content.
The end-user understands that their Content may be edited, copied, exhibited, published, re-published or distributed and waive the right to inspect or approve the finished product wherein their likeness appears. Additionally, they waive any right to royalties or other compensation arising or related to the use of their document, image or video recording.
They also understand that the Content may be used in diverse media settings within an unrestricted geographic area.
Such Content may be used for ANY PURPOSE whatsoever in any and all media as deemed appropriate by ACK which may include but is not limited to:
- Educational Purposes;
- Online/Internet Videos;
- Social Media;
- News (Press);
- Promotional & Marketing Purposes, etc.
By accepting these terms and conditions, they understand this permission signifies that their Content may be used on all electronic media (including via the Internet) or in the any other public setting.
They also agree that all the Content and any reproductions thereof, and digital files shared by them shall remain the property of the Amar Chitra Katha Pvt. Ltd.
There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed.
This release applies to video, image or audio recordings collected as part of the purpose of consent listed for user-generated content only.
When submitting content to us, they acknowledge that they have completely read and fully understand the above release and agree to be bound thereby. They hereby release any and all claims against any person or organization utilizing the Content for such purposes.
18. TINKLE GAME SHOW TERMS AND CONDITIONS
- Amar Chitra Katha Pvt. Ltd. (“ACK”) is organizing a quiz show “Tinkle Game Show” (“Quiz Show”).
- The quiz show is promoted by Amar Chitra Katha Pvt. Ltd. having its registered office at AFL House, 7th Floor, Lok Bharti Complex, Marol Maroshi Rd, Andheri East, Mumbai, Maharashtra – 400059.
- The quiz show is for all the Tinkle readers (“Participant”) and by entering into this quiz show all the Participants shall become bound to agree to and follow the terms and conditions of this quiz show as provided by Amar Chitra Katha Pvt. Ltd.
- To enter the quiz show, the Participant shall submit their applications or entries through an external service. The quiz show shall have a Participant limit of only 100 (hundred) Participants and ACK shall be accepting the first 100 hundred entries.
- ACK shall select the top 10 (ten) winners of the quiz show (“Winners”).
- By entering this quiz show, a Participant is indicating his/her agreement to be bound by these terms and conditions.
- There is no entry fee to enter this quiz show.
- The quiz show shall be hosted Live by the ACK team fortnightly through an external service and Participants shall enter the external website once the Live has started.
- The Participant can sign up for the quiz show for his/her entries when the ACK team goes Live through an external website.
- Only one entry shall be accepted per person. Multiple entries from the same person shall be disqualified.
- ACK shall not be held responsible for the email notifying the Participants of their winning if such emails have not been received by the Participants for whatever reason.
- ACK’s team shall in its sole discretion shortlist Winners submitted by the Participants for each prize on merit basis.
- The winners of the quiz show shall be informed by the ACK by a medium of communication of its choice.
- ACK shall contact the winners to obtain details of their email/address in order to
- the consent form to the winners/ their parents/ guardian and the winners should send back the consent form along with their picture.
- To send the prizes.
- Prizes distributed and any changes to the prizes shall be on the sole discretion of ACK.
- ACK shall not be held responsible for the condition of the prizes delivered to the Winners.
- In the event, the winner fails to respond within 15 (fifteen) days from the date of being notified and/or ACK is unable to contact the winner despite reasonable effort, then ACK reserves the right to change the winner.
- The Participant agrees that all rights associated with the quiz show shall vest with ACK at all times. The Company shall retain all right, title and interest in its patents, copyrights, trademarks, trade name, trade dress, service marks and trade secrets and/or creations, model, data, flow chart, drawing, design, diagram, table, artwork, innovation or any other information or material (“Intellectual Property Rights”) in perpetuity.
- In the event it is claimed that any Participant infringes ACK’s copyrights or causes any damage or loss to ACK, that Participant hereby agrees to indemnify against all costs, expenses, losses, fines etc. incurred, borne or suffered by ACK.
- The Company reserves the right to change any of the rules or terms and conditions of this quiz show while it is running if it appears appropriate to ACK to do so, including extending the closing date.
- The quiz show shall be governed by and construed in accordance with the applicable laws in India. All matters with respect to the quiz show are subject to the jurisdiction of the Courts at Mumbai only.
- ACK’s decision in respect of all matters to do with the quiz show shall be final and binding and no Participant shall have the right to question ACK’s decision.
18. FORCE MAJEURE
Amar Chitra Katha Pvt. Ltd’s performance of its obligations under this Agreement will be suspended for so long as Amar Chitra Katha Pvt. Ltd is prevented from doing so by an event of force majeure (which means an event beyond Amar Chitra Katha Pvt. Ltd’s reasonable control including, without limitation, strikes, labour disputes, acts of God, war, riot, civil action, malicious damage, compliance with any law or governmental order (whether in force at the time these Terms of Service are agreed or at a later date), rule, regulation or direction, accident, equipment or electrical or telecommunications services failure, fire, flood or storm).