AdCounty Media Pvt. Limited (referred hereafter as "VooHoo" "us", "we" and "our") takes copyright and related intellectual property right infringements very seriously.
VooHoo is a content neutral platform which is purely for entertainment basis that allows you to share your ideas and potential with people by sharing pictures, videos & creative challenges.
1.1 A copyright is a legal right that protects original works of authorship like movies, TV shows, books, sound recordings, music videos, photographs, published articles and other artistic works. In contrast, words and short phrases such as names, titles and slogans, band names and domain names are not typically subject to copyright, and neither are facts in and of themselves. In order for a work of authorship to be eligible for copyright protection, it must be fixed in a tangible medium of expression. So, while the “expression” of a work of authorship may be protectable, a non-fixed “idea” is not.
1.2 You can, however, seek permission or license to use third party copyright protected content and once obtained will have the right to do so subject to the terms and conditions thereof.
2.FAIR DEALING AS PROVIDED IN SECTION 52(1)(a)
2.1 Fair dealing is an exception to the exclusive right granted by copyright law to the author of a creative work. The main idea behind this doctrine is to prevent the stagnation of the growth of creativity for whose progress the law has been designed. Fair dealing in India is governed by a four factor test as follows. The fair nature of the dealing depends on the following four factors:
i. the purpose of use;
ii. the nature of the work;
iii. the amount of the work used, and
iv. the effect of use of the work on the original
2.2 Creators should only upload content which are original (that they have made) or that they are authorized to use. That means that they should not upload videos that they did not make, or use content in their videos that someone else owns the copyright to, without necessary authorizations or permissions. Any user found to be uploading such contents would be personally liable towards all legal actions if and when brought forth.
2.3 VooHoo does not store a music library or does not provide its users with an in-built music library to access. Voohoo being an intermediary just provides its users with a platform to upload media. Users make short videos of transformative nature and thus share the same over the platform as provided by VooHoo.
2.4 Users may view, listen or share content for their personal, non-commercial use only.
2.5 All Content is created and published or uploaded by Users only. VooHoo makes no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Service or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service; (iv) whether the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis or whether any errors or defects will be corrected.
3.1 VooHoo is classified to be an intermediary under section 2(1)(w) of the Information Technology Act, 2005. An “Intermediary” is a broadly defined term, catering to all perceivable kinds of service providers on the Internet. Please find more about Intermediary under the Information Technology Act, 2000(“Act”), Information Technology (Intermediaries guidelines) Rules, 2011 (“Rules 2011”).
3.2 India follows the Indian safe harbor provision for online intermediaries. Section 79 of the Act provides for a safe harbor provision to intermediaries in India, subject to certain terms.
3.3 VooHoo is not liable for any third party information, data, or communication link made available or hosted as:
i. VooHoo’s function is limited to providing access to a communication system over which information made available by the communication system by third parties is transmitted or temporarily stored or hosted;
ii. VooHoo does not initiate the transmission, select the receiver of the transmission, and select or modify the information contained in the transmission;
iii. VooHoo observes ‘due diligence’ while discharging duties under the IT Act and also observes such other guidelines as the Central Government may prescribe in this behalf.
iv. VooHoo expressly excludes any kind of liability relating to the Content. Being an “Intermediary”, the Company has no responsibility and / or liability in respect of any Content on the Service, including without limitations, for intellectual property rights infringement, defamation, illegal content or any other violation under applicable laws. All Content, which is hosted and transmitted on the Services, is the sole responsibility of the person who provides, publishes or posts the Content (User) whether on the Service or on other platforms linked to the Service.
4.1 If you feel your copyright or any other Intellectual Property right has been infringed, after reading the aforesaid policy or other policies existing and user agreement of VooHoo, we vouch to take strict action against the said defaulters.
4.2 Please be advised that before making a claim, kindly read our copyright policy and fair dealing sections properly. If you still feel you are aggrieved, please go ahead and inform us about the same using our information form (Notice).
5.1 Please report content you feel is not appropriate and/or if it is infringing please provide us with the necessary information as mentioned herein-below.
5.2 We will immediately take down the content after our team reviews the same within thirty six hours (36).
5.3 The said information/associated records would be preserved for ninety (90) days for investigation purposes as per the Rules 2011.
5.4 If a user’s account has been reported by anyone more than 3 times, we shall suspend the said account and intimate our suspension through email.
5.5 The said user however can appeal to us with appropriate grounds as to why his account shall not be suspended. Our team shall review the same, and the decision of VooHoo shall be final thereafter.
6. SEND US A NOTICE
6.1 We will respond to notices of alleged copyright infringement/ any other reporting that comply with applicable law and are properly provided to Us. These notices should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by a User of VooHoo may lead to termination of account of the said user and/or shall accordingly be dealt with as per applicable law.
6.2 If You believe that Your User Content or any other User Content has been copied in a way that constitutes copyright infringement, please provide us with the following information as under the said notice.
6.3 VooHoo shall thoroughly scrutinize the said notice as received and endeavour to act within thirty-six (36) hours and where applicable, work with user or owner of such information to disable such information that he/she reports.
6.4 Further VooHoo shall preserve such information and associated records for at least ninety days (90) for investigation purposes.
7.1 We believe in giving everyone a fair chance to be heard. If you feel someone has maliciously reported against your content, or that the said reporting is not lawfully done, an aggrieved person may send us his reasonable explanation of defense through email at firstname.lastname@example.org within one (1) week of such reporting.
7.2 VooHoo shall thoroughly scrutinize the said appeal, before taking further steps. The decision of VooHoo shall be final.
8. HOW VOOHOO DEALS WITH GRIEVANCES
8.1 Being a mere intermediary under Information Technology Act, 2000, VooHoo is obligated to take down the content from the platform in two instances:-
i. It receives a complaint, along with all the necessary documents, the legal team of VooHoo checks if prima facie the content on the Platform is violating the rights of any third party or
ii. It receives an order directing take down from the appropriate authority under law.
8.2 In accordance with the applicable law, VooHoo may also provide you with details of the publisher of the content which might help you communicate with the publisher directly and settle your grievance, if asked.
8.3 VooHoo process of investigating and addressing the complaints against any content or advertisement is in accordance with Information Technology Act, 2000, Information Technology (Intermediary Guidelines) Rules, 2011 and all other laws in force in India.
8.4 Nothing under any law imposes an obligation on VooHoo to investigate the matter beyond what is provided in the complaint and any investigation conducted or action taken by VooHoo, is at its sole discretion, and VooHoo is not required to communicate the same to you or to any other party.
9. HOW DOES VOOHOO DEAL WITH A COMPLAINT
9.1 VooHoo has a competent legal team which deals with all the complaints received in form of notice as mentioned herein above, filed against any content published on the Platform.
9.2 This team investigates the matter on both factual and legal grounds based on their internal research, the content and evidence provided by the complainant.
9.3 Based on the complaint, evidence provided, internal research, legal provisions and response from the publisher, the legal team evaluates the complaint and grievance following which it decides which remedies can be provided to you or the aggrieved party.
10.1 By using VooHoo, you give your consent that any reliance on any opinion or statement or advice or information is at your own risk and not be taken against VooHoo for legal or personal purposes. VooHoo holds the right in sole discretion to edit or omit any part of the application or rectify the errors of the VooHoo application. No prior notice would be given by VooHoo for any change of any aspect of the application including the time and services along with content and product or prices in the application, if any.
10.2 VooHoo is a user generated content neutral platform (intermediary) solely for entertainment basis and only safely harbours content uploaded by its users without having any access to change/alter/modify the same as uploaded and works in compliance to existing rules, regulations and provisions of India.
10.3 The said platform is used solely for non-commercial use by its users.
10.4 VooHoo does not control any content or comments posted by users on the app. VooHoo specifically disclaims any liability with regard to any liabilities/claims occurring from your actions on the app.
11. GRIEVANCE REDRESSAL:
For grievance in relation to any violation of an IP right please find contact details:
Grievance officer: Nikhil Joshi
Contact details for Mail:58/5 Model Town A, Malviya Nagar, Jaipur - 302017
Email Id: email@example.com
The said grievance officer shall redress complaints within one (1) month from the date receipt of the said complaint sent to us through email or through the mail.
The said policy has been prepared as on 28.11.2020 as per existing laws/regulations/ other governing regulations as applicable on the said date and the same shall be viewed from time to time.
BY STAYING AT AND FURTHER ACCESSING THE WEBSITE/APP, YOU EXPRESSLY AND AFFIRMATIVELY AGREE THAT YOU HAVE READ THE COPYRIGHT POLICY IN FULL AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.