Terms of Use

Our Policy applies to all visitors, users,media users and others who access the Service ("User, Users, You,Your").
By accessing or using the ArisingKerala mobile application/website ("Service"), Vigilance and Anti-Corruption Department, Kerala Government (“We, Our, Us”), you agree to be bound by the following terms and conditions (the "Terms of Use") and the terms and conditions of Our Privacy Policy, which is hereby incorporated by reference (collectively, this "Agreement"). We reserve the right, at our discretion, to change any of these terms in the future. If you do not agree to these Terms of Use, you may not access or otherwise use the site or the service. 

Legal Agreement

By using our service, you signify your consent to these terms. You may not use our services if you do not consent to all our terms.
To use our service, you need to create a user account. You should keep your username and OTP detail protected and safe and only allow people you trust to access your account or website or website settings.
All activities that occur under your user account in the application is your responsibility.

User Account

The account information you provide us must be your own and be accurate and complete. We will determine the ownership of all user accounts. 

  1. You are at least eighteen (18) years of age and possess the legal authority, right and freedom to enter into our Terms and to form a binding agreement, to the ArisingKerala Terms.
  2. You own all rights in and to any content uploaded/updated/posted by you (“User Content”), including any images, videos, audio files, text and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, consents and authority, in and to the user content, as necessary to legally use or publish any and all rights and interests in and to such user content.
  3. User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights and in no way unlawful for you to possess, post, transmit or display in the country or any countries, or for us.
  4. If anyone other than yourself accesses your user account, they may perform any actions available to you, make changes to your user account and all such activities will be deemed to have occurred on your behalf and in your name.
  5. We strongly encourage you to keep the log-in credentials of your user account confidential and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your user account, whether or not specifically authorized by you and for any damages, expenses or losses that may result from such activities.

Your Obligations

In order to use our services, there are certain obligations and conditions you need to meet.
Among others, you need to be of a certain legal age of majority.
In addition, you must own all rights in any content you upload or publish via our services, ensure that such content is legal and reliable and that anything you do with it is legal.

A. You undertake and agree to:
  1. Fully comply with all applicable laws and any other contractual terms which govern your use of the services (and any related interaction or transaction) and you would not use the service for any illegal or unauthorized purpose.
  2. You are solely responsible and liable with respect to any of the uses of our services which occur under your user account and/or website and for any of your user content (including for any consequences of using or publishing such user content on or with respect to our services).
  3. You are agree you will not sell, transfer or assign your account, username, or any account rights. We and ArisingKerala prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to ArisingKerala upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
  4. You agree that you will not solicit, collect or use the login credentials of other ArisingKerala users.
  5. You are responsible for keeping your OTP secret and secure.
  6. We and ArisingKerala don’t claim ownership of any content that you post on or through the service. Instead, you hereby grant to ArisingKerala a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use the content that you post on or through the service, subject to the service's Privacy Policy.
  7. ArisingKerala isn’t a backup service and you agree that you will not rely on the Service for the purposes of content backup or storage. ArisingKerala will not be liable to you for any modification, suspension, or discontinuation of the services, or the loss of any content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of content or other information may not be secure.
  8. Although it is ArisingKerala's intention for the Service to be available as much as possible, there will be occasions when the service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
  9. We and ArisingKerala reserves the right to remove any Content from the service for any reason, without prior notice. Content removed from the service may continue to be stored by ArisingKerala, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, ArisingKerala encourages you to maintain your own backup of your content.
  10. You agree that we and ArisingKerala reserves rights to remove your created posts after 6 months from published date and in cases of exceptions can preserve it from deletion which would be on discretion of the ArisingKerala Administrators. If your post isn’t found in the Service after 6 months, then ArisingKerala have no liability to it.
B. You agree and undertake not to:
  1. Submit, transmit or display any user post/content, or use post/content in a context, which may be deemed as defamatory, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates our rights or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval including your or any other person's national identity numbers, credit card information, non-public phone numbers or non-public email addresses.
  2. Publish and/or make any use of our services or content on any website, media, network or system other than those provided by Us and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the our services, content, except as expressly permitted by us, in advance and in writing.
  3. Access ArisingKerala's private API by means other than those permitted by ArisingKerala.
  4. Use any of our services in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising.
  5. Use domain names or web URLs in your username without prior written consent from Us/ArisingKerala.
  6. Attempt to restrict another user from using or enjoying the service and you must not encourage or facilitate violations of these Terms of Use or any other ArisingKerala terms.
  7. Copy, modify, create derivative works of, download, adapt, reverse engineer, translate, compile, decompile or disassemble our website, our services (or any part thereof), any content offered by us or Third Party Services for use or publicly display, perform, transmit or distribute any of the foregoing without our prior written and specific consent and/or as expressly permitted under our terms.
  8. Use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of our services (or its data), or in any way reproduce or avoid the navigational structure or presentation of any of our services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through Our Services.
  9. Act in a manner which might be perceived as damaging to our reputation and goodwill or which may bring us into disrepute or harm.
  10. Impersonate any person or entity or provide false information on our services, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any information you send to us and/or any end users.
  11. Falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that we or any third party endorses you, your Website, your business, your Products, or any statement you make.
  12. Reverse look-up, trace, or seek to trace another user of our services, or otherwise interfere with or violate any other user’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of our services without their express and informed consent.
  13. Disable, avoid, bypass or otherwise avoid any measures used to prevent or restrict access to the our services, account of another user(s), or any other systems or networks connected to our services, by hacking, password mining, or other illegitimate or prohibited means.
  14. Probe, scan, or test the vulnerability of our services or any network connected to our services.
  15. Upload to our services or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component.
  16. Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the our services or our systems or networks connected to our services, or otherwise interfere with or disrupt the operation of any of our services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks.
  17. Sell, or exploit for any commercial purposes any use of or access to the content and/or our services, except as expressly permitted by our terms.
  18. Remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights, including copyright mark [©], or trademarks [® or ™] contained in or accompanying the our services and/or content, or
  19. Violate, attempt to violate, or otherwise fail to comply with any of our terms or any laws or requirements applicable to your use of our services.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your user account and/or any services provided to you – with or without further notice to you. 

General Conditions

  1. 1. We may change, suspend or terminate our services (or any features thereof) and/or change any of our terms or your access to our services - at any time and in any manner and without liability. If We terminate your access to the service, your posts, media, solutions, likes and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your posts), but those materials and data may persist and appear within the service (e.g., if your post/content has been reshared by others). Upon termination, all other rights granted to you in these Terms of Use will immediately cease.
  2. 2. We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the updated terms become effective. You agree that We may notify you of the updated terms by posting them on the service and that your use of the service after the effective date of the updated terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the updated terms. Therefore, you should review these Terms of Use and any updated terms before using the Service. The updated terms will be effective as of the time of posting, or such later date as may be specified in the updated terms and will apply to your use of the service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the updated terms.
  3. 3. We reserve the right to refuse access to the service to anyone for any reason at any time.
  4. We reserve the right to force penalization of any username for any reason.
  5. 5. We may, but have no obligation to, remove, edit, block and/or monitor posts/content or accounts containing content that we determine in our sole discretion violates these Terms of Use.
  6. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that ArisingKerala is not responsible or liable for the conduct of any user. ArisingKerala reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Do exercise common sense and your best judgment when interacting with others, including when you submit or post content or any personal or other information.
  7. There may be links from the service, or from communications you receive from the Service, to third-party websites/features. The service also includes third-party content that we do not control, maintain or endorse. Functionality on the service may also permit interactions between the service and a third-party website/feature, including applications that connect the service or your profile on the service with a third-party website/feature.
    For example, the Service may include features that enables you to share post from the Service or your post with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. We and ArisingKerala don’t control any of these third-party web services or any of their content. You expressly acknowledge and agree that we and ArisingKerala is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
    You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your service profile.
    By using such Third Party Applications, you acknowledge and agree to the following:
    1. if you use an Third Party Application to share information, you are consenting to information about your profile on the Service being shared,
    2. your use of an Third Party Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if we and ArisingKerala haven’t itself provided such information and
    3. your use of an Third Party Application is at your own option and risk and you will hold the ArisingKerala and us harmless for activity related to the Application.
  8. You agree that you are responsible for all data charges you incur through use of the service.
  9. We prohibit crawling, scraping, caching or otherwise accessing any content on the service via automated means, including but not limited to, user profiles (except as may be the result of standard search engine protocols or technologies used by a search engine with ArisingKerala's express consent).

Reporting Copyright and Other IP Violations

  1. We respect other people's rights and expect you to do the same.
  2. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

Limitation of Liability, Waiver

Under no circumstances will we and ArisingKerala parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to:

  1. the service,
  2. the ArisingKerala post/content,
  3. user content,
  4. your use of, inability to use, or the performance of the service,
  5. any action taken in connection with an investigation by the ArisingKerala parties or law enforcement authorities regarding your or any other party's use of the service,
  6. any action taken in connection with copyright or other intellectual property owners,
  7. any errors or omissions in the service's operation, or
  8. any damage to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if we and ArisingKerala parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the service).

In no event will we and ArisingKerala parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree that in the event you incur any damages, losses or injuries that arise out of ArisingKerala’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, service, property, product or other content owned or controlled by us/ArisingKerala parties and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any website, property, product, service, or other content owned or controlled by us or ArisingKerala parties. 

If we and ArisingKerala fails to insist upon strict performance of your obligations under any of these terms and conditions, or we and ArisingKerala fails to exercise any of the rights or remedies to which it is entitled under this Policy, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. No waiver by us or ArisingKerala of any default will constitute a waiver of any subsequent default and no waiver by us or ArisingKerala of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing by us or ArisingKerala.

We and ArisingKerala aren’t responsible for the actions, content, information, or data of third parties and you release us, our directors, officers, employees and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

Indemnification

You (and also any third party for whom you operate an account or activity on the service) agree to defend (at our or ArisingKerala's request), indemnify and hold us or ArisingKerala Parties harmless from and against any claims, liabilities, damages, losses and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf):

  1. your content or your access to or use of the service,
  2. your breach or alleged breach of these Terms of Use,
  3. your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right,
  4. your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities, or
  5. any misrepresentation made by you. You will cooperate as fully required by us or ArisingKerala in the defence of any claim. We and ArisingKerala reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and you will not in any event settle any claim without the prior written consent of our or ArisingKerala.

Governing Law & Venue

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Thiruvanathapuram.

This Terms of Use would be effective from 27th December 2016.