Terms of Use

Welcome to ExamLiv app. By accessing our website [www.examliv.com] (“Website”) and/or our app ‘ExamLiv App’ and/or Website and Apps together shall be referred to as “ExamLiv app Platform”, you agree to be bound by the provisions of these Terms and Conditions. Please read these Terms and Conditions, along with the Privacy Policy and all other rules and policies made available or published on ExamLiv app Platform as they shall govern your use of the Website and App.

The expressions “You”, “Your” or “User”, whenever the context so requires, for the purposes of this Privacy Policy, shall mean any natural or legal person who may create by registration, membership account on this Website and/or Application or agree to avail Our Services through this Website and/or Application, or otherwise access Our Website and/or Application.

For the purposes of this Terms of Use, accessing of the Platform together with any study material made available or uploaded therein or downloaded, embedded therefrom shall hereinafter be collectively be referred to as the "Services".

TERMS OF USE

The present Terms of Use document is being published in accordance with the provisions of the Information Technology Act, 2000 and other applicable Rules thereunder, including but not limited to the Information Technology (Intermediary Guidelines) Rules, 2011.

INTRODUCTION

By using or accessing the Platform in any way, including registering on the Platform, using, viewing, sharing, embedding and/or downloading any Services, you agree to be bound by the Terms of Use set forth herein. By accepting these Terms of Use, you also accept and agree to be bound by ExamLiv app Policies, including but not limited to the ExamLiv app Privacy Policy and the ExamLiv app Copyright Policy.

If you do not understand the present Terms of Use or do not agree with/accept any part thereof, you should immediately discontinue using or accessing the Platform. Your use and/or continued use of the Platform, as the case may be, amounts to express consent by you to the terms of this Terms of Use as well as other ExamLiv app Policies.

ELIGIBILITY

By agreeing to these Terms of Use, you represent that you are legally competent to enter into an agreement and provide consent to these Terms of Use. You further represent that You are of sound mind and are not prohibited from entering into a legally binding contract as per applicable laws. In case the Platform is being accessed, and the Services are being availed for the benefit of a minor, you expressly confirm that you are legally competent to provide consent on behalf of such a minor and that the minor’s use of the Platform and/or the Services shall be subject to the Terms of Use.

YOUR ACCOUNT

You can become a registered user of the Platform by setting up a password-protected account with us. In order to set up such an account, you will be required to enter the details of your registered email id and password or you may login using the account details of any partner website. By setting up an account, you agree to accept any and all responsibility for any and all activities that occur under your account. By setting up the account, you further agree to the contents of the Privacy Policy.

ExamLiv app reserves the right and sole discretion to refuse access to the Platform, terminate any account, remove or restrict any content, at any time, with or without notice to you in case we notice any illegal activity on or from account or if we have reason to believe that any information provided by you is untrue, inaccurate, outdated or incomplete.

USER CONTENT

ExamLiv app provides its users with the option of creating posts and/or upload content on the Platform ("User Content"). When you submit or upload any content on the Platform you represent and warrant that: You own all copyright in the content, or if you are not the owner, that you have permission to use the content, and that you have all the rights and permissions necessary to permit uploading, displaying, sharing, reproduction, downloading, the transmission of such content.
The content you upload will not infringe the intellectual property rights or other rights of any person or entity, including but not limited to copyright, moral rights, trademark, patent or rights of privacy or publicity. Your use of the Platform will comply with all applicable laws, rules and regulations. The content does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable. The content is not misleading and deceptive and does not offer or disseminating fraudulent goods, services, schemes, or promotions.
ExamLiv app reserves the right to review such content uploaded by the user and in case any content is found to be a violation of any of the Terms of Use and/or any applicable laws, ExamLiv app may remove any content from the Platform and/or terminate or suspend the user account in its sole discretion.

Content and Conduct

As an ExamLiv app User, you may submit User Content on the ExamLiv app Platform, including videos and User comments. You understand that ExamLiv app does not guarantee any confidentiality with respect to any User Content you submit.
You shall be solely responsible for your own User Content and the consequences of submitting and publishing such User Content on the ExamLiv app Platform. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content that you submit; and you grant limited license to ExamLiv app to all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on the ExamLiv app Platform pursuant to these Terms and Conditions for the duration the said User Content is available on ExamLiv app Platform.
For clarity, you retain your ownership rights in your User Content. However, by submitting User Content to ExamLiv app, you hereby grant ExamLiv app a limited, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, display, publish, make available online or electronically transmit, the User Content in connection with the ExamLiv app Platform and ExamLiv app’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the ExamLiv app Platform in any media formats and through any media channels. You also hereby grant each User of the ExamLiv app Platform a limited, non-exclusive license to access your User Content through the ExamLiv app Platform. The above licenses granted by you in the User Content you submit to the ExamLiv app Platform terminate within a commercially reasonable time after you request ExamLiv app to remove or delete your videos from the ExamLiv app Platform provided you pay the mutually agreed amount that ExamLiv app incurred in providing the ExamLiv app Platform to you. You understand and agree, however, that ExamLiv app may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in User comments and testimonial you submit are perpetual and irrevocable.
You further agree that User Content you submit on the ExamLiv app Platform will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant ExamLiv app all of the license rights granted herein.
Furthermore, you confirm that the User Content uploaded by you is not: False, inaccurate or misleading;
Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
Violate any law, statue, ordinance or regulation;
defamatory, unlawfully threatening or unlawfully harassing;
obscene or contain pornography.
Contain any viruses, trojan horses, worms, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You understand and confirm that you shall not during your use of the ExamLiv app Platforms at any time post or publish any content, comments or act in any way which will amount to harassment of any other User, whether a learner or an educator. If at any given point it comes to the notice of ExamLiv app that you are engaged in any kind of harassment of other Users, then in such a case you agree that ExamLiv app shall have the sole right to suspend/terminate your account with immediate effect and without any notice of such suspension or termination and we also reserve the right in our sole discretion to initiate any legal proceedings against you in such cases. ExamLiv app at its sole discretion may process any audio or audio-visual content uploaded by you to the ExamLiv app Platform to confirm if the same is in accordance with the ExamLiv app internal quality requirements and is compatible with the ExamLiv app Platform.
ExamLiv app does not endorse any User Content submitted on the ExamLiv app Platform by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and ExamLiv app expressly disclaims any and all liability in connection with User Content. ExamLiv app does not permit copyright infringing activities and infringement of intellectual property rights on the ExamLiv app Platform, and ExamLiv app will remove all User Content if properly notified that such Content infringes on another’s intellectual property rights. ExamLiv app reserves the right to remove User Content without prior notice if it has reason to believe that the User Content infringes any copyright.

RESTRICTION AND TERMINATION OF USE

ExamLiv app may block, restrict, disable, suspend or terminate your access to all or part of the free Services offered on the Platform, at any time in ExamLiv app's sole discretion, without prior notice to you upon ExamLiv app. Specifically, in case of prolonged inactivity, ExamLiv app reserves the right to disable, deactivate or terminate a user's account. If an account has been disabled or deactivated for inactivity, the user name associated with that account may be given to another user without notice to you or such other party. If you violate the Terms of Use, ExamLiv app may at its sole discretion, block, restrict, disable, suspend or terminate the paid Services offered on the Platform.

INTELLECTUAL PROPERTY

The Services, including but not limited to digital content on the website i.e. text, graphics, user interface, images, video interface and software as well as their selection and arrangement, may belong to ExamLiv app or to its partners who have granted ExamLiv app the right to use their content and are protected to the fullest extent possible by applicable laws related to copyrights, trademarks, trade secrets and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights" ). Any unauthorized use of the Services may violate such laws and the Terms of Use. ExamLiv app reserves all its legal rights to prohibit, stop or contain any such violations.

You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Platform and Services or any parts thereof or the selection and arrangement of the Platform and Services, except as expressly authorized herein. ExamLiv app grants you a non-exclusive, non-transferable, limited permission to access and display the web pages within this Platform, solely on your computer or any other electronic viewing device for your personal, non-commercial use of this Platform. This permission is conditional on the basis that you shall not modify, alter or illegally use the content displayed on this Platform and shall keep intact and comply with all copyright, trademark, and other proprietary notices of the Platform, if any. The rights granted to you constitute a license and not a transfer of title in any manner.

Use of the Platform or Services for any other purpose other than expressly granted hereunder is expressly prohibited and may result in severe civil and criminal penalties.

In relation to any content submitted, uploaded or generated by you on the Platform, you hereby grant an unconditional, unlimited, perpetual, royalty-free, worldwide license and permission to ExamLiv app and its affiliates, content sharing partners to display, store, host, publish, digitally reproduce or copy, transmit, communicate, modify, translate, distribute or otherwise make such content available on the Platform or in relation to the Services provided by ExamLiv app. You agree that such content may continue to be made available on ExamLiv app despite any termination or suspension of your account, if such content has been shared, stored or embedded by any other user(s). You agree not to hold ExamLiv app responsible for the aforesaid activities in relation to your content.

ADVERTISEMENTS AND PROMOTIONS

This Platform may run advertisements and promotions from third parties, products and/or services in any manner and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via the Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties.

You acknowledge and agree that ExamLiv app is not responsible or liable for any loss or damage of any kind incurred as a result of any such dealings or as the result of the presence of such non-ExamLiv app advertisers on the Platform.

Our links with advertisers should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

LINKS TO THIRD PARTY WEBSITES

The Platform may include links that redirect you to other websites. The Terms of Use do not cover these third-party websites. You agree that once you leave our servers, any third party websites that you go to or interact with are at your own risk. ExamLiv app shall not be held liable for any default, loss of function or any risk or consequence that you may be exposed to as a result of the same.

The platform uses YouTube API Services. By using the platform, you are agreeing to YouTube Terms of Service. (https://www.youtube.com/t/terms)

If the platform accesses or uses Authorized data (data that an active user expressly authorizes the platform to access or otherwise use via user credentials), in addition to the platform's normal procedure for deleting stored data, you can revoke that platform's access to your data via the Google security settings page at https://security.google.com/settings/security/permissions. You can also contact us at support@examliv.com with questions or complaints about our privacy practices.

SPAM E-MAIL AND POSTINGS

In the event your access or use of the Platform and Services is found to be spammy, misleading, malicious, annoying or containing/promoting unsolicited e-mails or network postings, ExamLiv app reserves its right to obtain immediate injunctive relief against you or against such use by you, in addition to all other remedies available at law or in equity. ExamLiv app may also opt to block, filter or delete unsolicited emails, messages or postings as per its sole discretion.

INDEMNITY

You agree to indemnify, defend and hold ExamLiv app and its officers, directors, partners, employees, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from

Your user content and any other content (e.g. computer viruses) that you may submit, post to or transmit through the Platform (including a third party's use of such user content (e.g. reliance on the accuracy, completeness or usefulness of your user content).
Your access to or use of the Platform and Services (including any use by your employees, contractors or agents and all uses of your account numbers, usernames and passwords, whether or not actually or expressly authorised by you, in connection with the Platform and Services).
Your breach of any clause of the ‘Terms of Use’.
Any allegation that while using any of the software made available on the Platform you infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party and/or any dealings between you and any third parties advertising or promoting or linked via the Platform. Your activities in connection with the Platform.
This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.