This Content Policy (the “Policy”) is entered into by and between you and www.turuhi.com (hereinafter called as “Turuhi”). By checking the box as an “Accept” button below, (i) you accept this Policy either for yourself or on behalf of your employer or another entity and signify your assent to be bound by its terms and conditions, and (ii) you have entered into a binding Policy between yourself and Turuhi. This Policy will be effective from the date and time that you click the ' Accept' button.
Turuhi and its partners are desirous of hearing from you about your personal experiences on visiting places, travel, accommodation, adventures etc., and value your contributions to Turuhi website. We also want to make sure that the contents of Turuhi website are a safe and trustworthy source for our global travel community. To help us in achieving this goal, and to ensure your content is published as quickly as possible, it is very essential that your content shall be original, family-friendly and shall not contain any non-allowable profanity or vulgarities on Turuhi website. You must ensure that content is relevant and helpful to travelers and persons interested in traveling and adventure and also create awareness about unknown places of interest.1.2.
Turuhi will remove any content that contains sexually explicit comments, prejudiced language, threats, or personal insults from Turuhi website without any prior notice. We do not allow contents that promote intolerance for individuals or groups of people based on their race, gender, religion, sexual preference, or nationality. Contents encouraging a boycott or smear campaign of a property will also be removed.1.3.
Any content that describes or depicts first-hand participation in or advocates for illegal activities will be removed instantaneously. Contents containing extremely graphic descriptions of death, injuries or violent criminal acts will not be posted. Turuhi will only publish contents submitted by travelers aged 18 years and/or older. Any content plagiarized or copied from other websites, reviewers, property owners, emails, or printed materials without the permission of such copyright owners shall be removed and in case of any such upload unknowingly, Turuhi disowns responsibility for such publications on our website which was unintentional.
means recognized revenues from ads provided by Turuhi or an approved third party and displayed or streamed in or on the website, www.turuhi.com with the streaming of Provider Content and Monetized Content.'Monetized Content'
means a user video designated as Monetize pursuant to a separate Content Identification and Management Policy, which may be entered into between the parties.'Provider Content'
means the blog including audiovisual content and related metadata and materials provided to Turuhi by you via specified delivery means.‘Sign up or Login’
means the user/ contributor’s social media login credentials provided to the Turuhi website initially.
The objective of Turuhi is to provide world class travel contents which are true, original, unbiased, neutral and authentic. We will never promote or encourage any direct promotion of any establishment or packages, etc. whatsoever. There will never be any kind of selling of travel or travel-related packages, hotel bookings, airfare or travel deals etc. This will be a community for the travelers and by the travelers.3.2.
Turuhi will provide for advertisements only in the Discussion Board and nowhere else on the website. The contributors can host their travel contents anywhere they wish including their own website and they need not get any prior approval from Turuhi to host and upload their content at other places.3.3.
After the initial sign up process, users/contributors shall be directed to Profile Page and they MUST update their profile to continue their activity on Turuhi website. The user/contributor shall be permitted by Turuhi to login to Turuhi’s website only after their profiles are updated with data in all the mandatory fields as required. Only such users shall be permitted to post “your stories” on the website including images, videos and sound recordings on their travel experiences within the permitted file size. The user/contributor may rate and make comments on the stories published in Turuhi’s website; but the user/contributor is prohibited from rating or commenting on their own stories. In such case that any retaliatory ratings/obscene comments are posted by the user/contributor for others’ stories in this website intentionally or otherwise; Turuhi reserves its right not to publish or remove any such comments that may harm others personal interests and/ or morality, ethics etc. or try to spam them.3.4.
The user/contributor is permitted by Turuhi to make connections with other users/contributors and network with them. During such one-to-one messaging between them, they must maintain professionalism, decent language and etiquette. Turuhi reserves its right to remove them instantaneously for any such violations.
Provider Content and Monetized Content. You grant to Turuhi a non-exclusive, limited right and license to host, cache, route, transmit, store, copy, distribute, publicly perform, communicate to the public, display, reproduce, publish, adapt, reformat, modify (for reasonable operation of Turuhi’s Services), excerpt, index, analyze, synchronize, and otherwise use Provider Content and Monetized Content on Turuhi Services to (i) host the Provider Content and Monetized Content on any servers; (ii) index Provider Content and Monetized Content; (iii) display, perform, and distribute Provider Content and Monetized Content on Turuhi Services; and (iv) make continuing improvements to Turuhi Services. For the avoidance of doubt, the foregoing includes all necessary licenses to use the compositions and sound recordings of any music included in the Provider Content and Monetized Content. You understand and agree that the Services of Turuhi incorporating Provider Content and Monetized Content may be syndicated to Turuhi's affiliates and partners.4.2.
Turuhi does not conduct any reviews on any establishments. Turuhi does not own responsibility for any comments/ratings made by the users/contributors on Turuhi website.4.3.
Brand Features License. You grant “Turuhi” a non-exclusive, limited, worldwide, royalty-free license to use any trademarks, trade names, domain names, designs and logos ('Brand Features') provided by you in connection with Provider Content and Monetized Content to fulfill Turuhi's obligations under this Policy and to include in partner lists and presentations.
Delivery, Hosting, Serving, Storage, Territorial Limitations
You will deliver the Provider Content and associated metadata pursuant to specifications provided by Turuhi. Subject to Turuhi's hosting policies and terms, Turuhi will host, store, and serve Provider Content and Monetized Content on our website, and via other servers. You will specify in a metadata feed or other interface the territorial limitations for streaming Provider Content and Monetized Content and whether any Provider Content is a video and/or sound recording, and may set other limitations on distribution and display via Turuhi Services. You shall not include any promotions, sponsorships, or other advertisements as part of Provider Content. If any such advertisements are included as part of Provider Content, Turuhi may elect not to disseminate such advertisements on Turuhi website. You shall not deliver any Provider Content comprised substantially of third party materials unless you have all necessary rights or prior approvals or permissions from those third parties for the materials uploaded in Turuhi website.5.2.
You agree that the Provider and /or Monetized Content, through your stories provided on Turuhi website represent your own personal experiences and are true and genuine. You also expressly agree that you are the original author and owner of all the media and content including any videos and/or sound recordings included herein and such materials do not infringe any copyright, trade mark or any intellectual property rights of any third parties. You also hereby agree that you have proper and valid licenses or permissions from such third parties for disseminating their information by you on Turuhi website and also accept to resolve any third party issues that arise out of such publications by yourselves without involving Turuhi or its partners. You agree to authorize Turuhi to use your stories for the welfare of the users of Turuhi website and grant License to Turuhi to utilize the same for such promotional and development activities of Turuhi.5.3.
You agree that you will notify “Turuhi and its partners” or if “Turuhi and its partners” determine that its use of Provider Content or Monetized Content provided by you may create liability for Turuhi or harm the integrity of its Services, Turuhi may stop displaying Provider Content and Monetized Content. If a third party provides Turuhi with a claim of ownership of any material contained within Provider Content or Monetized Content, then: (a) the Provider Content or Monetized Content may be blocked from the website, and (b) if you dispute the third party claim, you will participate in a procedure to resolve the dispute. Turuhi is at liberty to remove or delete the Provider Content and Monetized Content from Turuhi website at any time for any such valid reasons. You may also at your discretion delete any of your postings/comments/stories from Turuhi website provided you have requested Turuhi for such removal which will be considered in mutual interests.5.4.
Intellectual Property Rights of the contents.
The Provider Content and Monetized Content on the website created and uploaded by Turuhi including copyright notices etc. shall be owned by Turuhi only. The Intellectual Property Rights including copyrights on the content including videos and sound recordings uploaded by the contributors shall be owned by the contributors only and any disputes arising due to inclusion of any Intellectual Property Rights belonging to any third party by the contributors shall be resolved by such contributors only and Turuhi is in no way responsible for such uploads on Turuhi website.5.5.
The contributors are free to have connections and /or networking within the Turuhi Community and verification of the truthfulness of such connections shall rest with the contributors only and Turuhi shall own no responsibility about the authenticity of such connections between the contributors and users of the website.
Neither party will disclose the terms of this Policy to any third party, or issue any public announcement regarding the terms of this Policy, without the other party's prior written permission. The parties shall not disclose to any third parties non-public information disclosed by one party to the other under this Policy and shall protect such information applying the same degree of care used by the parties to protect their own confidential information.6.2.
If this Policy or any confidential information of either party is required to be produced by law, the noticed party will promptly notify the other party and cooperate to obtain an appropriate protective order prior to disclosing any confidential information.
Each party represents and warrants that it has authority to enter into the Policy. You represent and warrant that you have all necessary rights to grant the licenses set forth in Section 4.7.2.
Each party shall indemnify, defend and hold harmless the other and their affiliates, directors, officers, employees, and agents from third party claims arising from or related to a breach of such party's representations and warranties.7.3.
You shall indemnify, defend and hold harmless Turuhi and its partners, affiliates, directors, officers, employees, and agents from third party claims arising from or related to Turuhi's authorized use of any Provider Content, your Brand Features, Monetized Content, or any other materials provided by you to Turuhi under this Policy.
It is expressly understood and agreed upon that Turuhi is not herein engaged in rendering professional advice and services to the user. Use of all or part of the contents and functionality of the website of Turuhi is at the sole and absolute risk of the user concerned. Except where expressly provided otherwise, the site, and all contents, functionality, information, materials, products, services and software provided on the site is provided on an "as is where is " and on "as available" basis only without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. To the maximum extent permitted by law, Turuhi expressly disclaims all warranties and conditions of any kind and also non-infringement.(b)
Turuhi does not warrant that (i) all contents and functionality of this website will meet the requirements of the user, (ii) the contents and functionality of this website will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the contents of this website will be accurate or reliable, (iv) the quality, usage, information obtained through the website of Turuhi will meet user’s expectations, and (v) any errors in the contents and functionality of this website will be corrected.(c)
Any material downloaded or otherwise obtained through the website of Turuhi is done at the own discretion and sole and absolute risk of the user concerned and that the user of this website will be solely and personally held responsible for any damage to the user’s computer system or any other device used or loss of data that may result from the download of any such material from this website.(d)
Turuhi and its third-party content providers make no warranties, express or implied, as to the ownership, accuracy, or adequacy of the website contents. No advice or information, whether oral or written, obtained by the user from Turuhi shall create any warranty not expressly stated in these terms.8.2.
It is expressly understood and agreed by the user/contributor that Turuhi shall have no liability or responsibility for any information published on linked websites, contained in any user submissions published on this website, and/or provided by third parties.(b)
Neither Turuhi nor its third-party content providers shall be liable to the user or any other person concerned with the use of this website for any direct or indirect, incidental, special, consequential, or punitive damages or for lost revenues or profits, goodwill, use, data or other intangible losses (even if Turuhi whether or not has been advised of the possibility of such damages or losses) resulting from: (i) the use or the inability to use the contents and functionality of Turuhi and its content provider’s site; (ii) the cost of procurement of substitute goods and services resulting from any data, information or services obtained or messages received or transactions entered into through or from Turuhi; (iii) any unauthorized access to or alteration of the user’s transmissions or data; (iv) statements or conduct of either the user concerned or any third party user on this site; (v) any other matter relating to the website of Turuhi and its partners, regardless of the theory of liability.(c)
This website may contain links or references to other Internet sites maintained by third parties. Turuhi does not operate or control in any respect any information, products or services on such third party sites. Third party links and references if any, included are solely for the convenience of users/ contributors, and do not constitute any endorsement by Turuhi. The user/ contributor who may be using the same shall be solely responsible for use of any such third party links and references.(d)
Any third party that wishes to establish links to this website should notify Turuhi of their intention prior to doing so. Turuhi reserves the right to accept or deny permission for any of such links to this website. If, however, Turuhi gives its permission for any such links, Turuhi is not under any other obligation to establish reciprocal links with such third party.
The parties are independent contractors, and nothing in this Policy creates an agency, partnership, or joint venture.10.2.
Neither party may assign this Policy to any third party, except to its parent company or any majority owned subsidiaries, without the prior written consent of the other. Turuhi's partners and affiliates may exercise any of their rights under this Policy on behalf of Turuhi.10.3.
This Policy sets forth the entire Policy between the parties and supersedes any prior written or oral Policy regarding its subject matter. This Policy may be amended by Turuhi at any time upon notice to you via email at your address registered with your account. If any amendment is not acceptable to you, you may terminate this Policy.10.4.
Failure to enforce any provision of this Policy will not be deemed a waiver. You will send any notices hereunder in writing and to the attention of the Turuhi at the address listed on the first page of this Policy or by email.10.5.
If any provision of this Policy conflicts with applicable laws or its adjudications, that provision will be deemed eliminated from the Policy and the Policy will remain in effect so long as the essential purpose can still be achieved.10.6.
This Policy is governed by the laws of the State of Karnataka, India (excluding its choice of law rules) and applicable international laws and Treaties. The parties will try in good faith to settle any dispute relating to this Policy ('Dispute') within thirty (30) days after such Dispute arises.10.7.
If the Dispute is not resolved within thirty (30) days, it must be resolved by arbitration as per Indian Arbitration and Reconciliation Act, 1996 and conducted in accordance with its Rules in force as of the Effective Date of this Policy. There will be one arbitrator each selected by each of the parties. The Third Arbitrator shall be nominated by both the Arbitrators selected by the parties. The arbitration will be conducted in English at Bangalore, Karnataka State, India. Either party may apply to any court having jurisdiction for injunctive relief necessary to protect its rights pending resolution of the arbitration. Any decision rendered by the arbitration committee will be final and binding on the parties, and judgment thereon may be entered by any court of competent jurisdiction. The arbitrators may order equitable or injunctive relief consistent with the remedies and limitations of this Policy. All information disclosed in connection with the arbitration, including the existence of the arbitration, will be confidential information governed by the confidentiality provisions of Section 6.10.8.
The parties may, however, disclose such information to an appropriate court under confidentiality restrictions, as necessary to seek enforcement of any arbitration award or judgment or to seek any relief permitted under the terms hereof. This Policy may be executed in one or more counterparts, each of which will be deemed an original and all of which, when taken together, will constitute a single instrument.