Terms & Conditions

This website www.teramerauska.com, TMU Branding and Marketing LLP.com (the “TMU Branding and Marketing LLP Site”) is operated by TMU Branding and Marketing LLP Inc. (“TMU Branding and Marketing LLP”). TMU Branding and Marketing LLP is a user-generated video content agency that provides a video exchange, video hosting platform and video player. TMU Branding and Marketing LLP provides access to user-generated videos and other content (“Content”) via the TMU Branding and Marketing LLP Site, via the TMU Branding and Marketing LLP video player application (the “TMU Branding and Marketing LLP Player”) and otherwise, including through syndication (collectively, the “TMU Branding and Marketing LLP Service”), under certain terms and conditions as set forth below.

Acceptance of These Terms and Conditions Through Use

By using the TMU Branding and Marketing LLP Service, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the “Terms of Use”). TMU Branding and Marketing LLP reserves the right, in its discretion, to update or revise the Terms of Use. Please check the Terms of Use periodically for changes. Your use of the TMU Branding and Marketing LLP Service subsequent to posting any change(s) to the Terms of Use will be deemed your acceptance of such change(s).

Restriction on Use of The Creators Comments, Live Chat & Forum

TMU Branding and Marketing LLP may from time to time offer an online forum, live chat and comments for “Creator Discussions” (the “Forum”) where users of the TMU Branding and Marketing LLP Service and creators of Content may discuss matters pertaining to the Content and/or the TMU Branding and Marketing LLP Service. Your participation in Comments or the Forum is entirely voluntary. As participation may occur in real-time and therefore you or others may post something to comments or the Forum that has not been edited, censored or otherwise controlled by TMU Branding and Marketing LLP. Notwithstanding the foregoing, TMU Branding and Marketing LLP reserves the right to monitor messages on Comments and the Forum and remove messages that TMU Branding and Marketing LLP determines to be undesirable, inciting violence in its sole discretion, harmful, offensive or otherwise in violation of these Terms of Use. TMU Branding and Marketing LLP is not responsible nor liable for any failure or delay in removing such messages or for the removal of any messages it deems inappropriate for any reason at its sole discretion.

The following additional rules apply to the Forum:

1. You may not post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person or entity. You may not post or transmit any message, file, image or program which is indecent, obscene or pornographic.
2. You may not post or transmit any message that would violate the rights of others, including but not limited to the unauthorized use, publication or disclosure of copyrighted materials, trade secrets or other confidential or proprietary information.
3. You may not post anything that uses trademarks or service marks in an infringing fashion.
4. You may not interfere with another user’s use or the functionality of the Forum.
5. You may not post or transmit any message which is abusive, inciting violence, harassing, harmful, hateful, anti-semitic, racist or threatening.
6. You may not post or transmit any messages pertaining to charity requests, petitions for signatures, requesting donations, relating to pyramid schemes, or pertaining to the manipulation of the TMU Branding and Marketing LLP Service.
7. You may not post or transmit any advertising or any other solicitation of other users of the Forum for goods or services other than the TMU Branding and Marketing LLP Service.
8. You may not use the Forum to conduct or solicit the performance of any illegal activity or other activity which infringes the rights of others.

You also agree that you will not harvest or collect information about users of the Forum or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic email or communications. Without limiting the generality of the foregoing, you further agree that you will not knowingly solicit or collect personal information from a child 18 years old or younger.

Complaint Process and Procedure

We take seriously any complaints received from viewers of TMU Branding and Marketing LLP Content and attempt to respond to every Complaint. If you have a complaint regarding the Content, materials available through the TMU Branding and Marketing LLP Service, inappropriate behaviour or postings by other users , or otherwise, you may submit your Complaint to TMU Branding and Marketing LLP by emailing our customer service representatives at connect@teramerauska.com Branding and Marketing LLP.com. Please use the word “Complaint” in the subject line, and include the following information in your email:

1. Your name, email address and, if you are a registered user, your user ID;
2. The basis of your Complaint (provide as much detail as possible);
3. If your Complaint concerns the activities of other users/visitors on the Forum identify the specific type of inappropriate or offensive behaviour engaged in and, insofar as possible, the identity of the offending person. If your Complaint concerns particular Content please provide the reason for your Complaint and the title and/or location of any video; and
4. The date(s) on which you observed the objectionable activities or behaviour or the date on which you viewed the Content which is the subject of your Complaint;

A customer service representative will endeavour to respond to your email and if, in TMU Branding and Marketing LLP’s determination, your Complaint is a valid one, TMU Branding and Marketing LLP will take appropriate actions in its sole discretion and has no responsibility to at any time report to you as to the status or outcome of its investigation or any actions TMU Branding and Marketing LLP has taken as a result.

Subscription

By selecting a Subscription – Star membership for Monthly & Anually as offered by TMU Branding and Marketing LLP from time to time the terms, features, and pricing of your selected Subscription will be as described during the Subscription selection procedure through the TMU Branding and Marketing LLP Site (fixed features, deliverables) Subscriptions terms are one time.

TMU Branding and Marketing LLP reserves the right to change any terms, features, or pricing of Subscriptions at any time with all such changes having an effect upon thirty (1) day’s notice or as otherwise notified to you by TMU Branding and Marketing LLP. Channel & all the video content will be removed if you haven’t renewed your subscription.

Payment

By selecting a Subscription, you agree to pay the associated fees (the “Subscription Fee”) for the Subscription and hereby authorize TMU Branding and Marketing LLP to charge or debit your agreed payment method on a monthly basis for the Subscription Fee and any other applicable charges. All Subscription Fees are payable in advance and charged monthly, subject to the Upgraded Plan provisions set out below.

PUBLISHING AND DISTRIBUTION OF CONTENT VIA THE TMU BRANDING AND MARKETING LLP SERVICE – teramerauska.com

TMU Branding and Marketing LLP may, but is not obliged to, have your Content published and displayed through various media channels and in various formats via the TMU Branding and Marketing LLP Service, in its sole commercial discretion based upon the Agency Option which you select. TMU Branding and Marketing LLP reserves the right to decline or reject any Content submitted to the TMU Branding and Marketing LLP Service. We do not hold responsible for any fake, fraud activity that the video content creator/content uploader is involved into.

Liability

TMU Branding and Marketing LLP does not in any way endorse any Content submitted, including any opinion, recommendation, claims, advice or position expressed therein, and TMU Branding and Marketing LLP expressly disclaims all liability in connection with the Content and its publication. For the purposes of the Digital Millennium Copyright Act or similar legislation or regulations, all Content is considered user-generated content and TMU Branding and Marketing LLP’s capacity as Agent is not Content owned by TMU Branding and Marketing LLP (unless expressly assigned to TMU Branding and Marketing LLP under the terms of this Agreement) or uploaded by TMU Branding and Marketing LLP.

In order to submit Content to TMU Branding and Marketing LLP, you acknowledge that you are solely responsible for what is submitted and indemnify and hold TMU Branding and Marketing LLP harmless from any and all claims arising from a breach of your representations, warranties, and covenants as set out in this Agreement, and also indemnify and hold TMU Branding and Marketing LLP harmless from and against all third-party claims with respect to the Content and acting as Agent in respect of the Content.

Limitation of Liability

Under no circumstances shall TMU Branding and Marketing LLP, its subsidiaries, members or employees be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if TMU Branding and Marketing LLP.Com has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, TMU Branding and Marketing LLP’S liability in such jurisdictions shall be limited to the extent permitted by law.

Indemnification

You agree to indemnify and hold TMU Branding and Marketing LLP, and its parent, subsidiaries and affiliates and their respective officers, directors, agents, co-branders and other partners, contractors, and employees, harmless from and against any and all claims, expenses, and demands, including attorneys’ fees, made by any third party due to, arising out of, or asserted in connection with your use or misuse of this Site, including claims relating to content you submit, post to or transmit through this site, and your connection to and use of this Site. TMU Branding and Marketing LLP reserves the right to have control of any defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with TMU Branding and Marketing LLP in asserting any available defences.

International use

TMU Branding and Marketing LLP makes no representation of teramerauska.com outside India and does not expect users of outside India to register.

Choice of Law and Forum

These Terms of Use and the Agency Agreement shall be governed by and construed in accordance with the laws of the State of Gujarat or, at TMU Branding and Marketing LLP discretion, You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use, the Agency Agreement, or your use of the TMU as a company’s Services you further agree to and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Termination

TMU Branding and Marketing LLP reserves the right, in its sole discretion, to terminate your access to the TMU Branding and Marketing LLP Service, with or without notice, for any reason, including, without limitation, if TMU Branding and Marketing LLP believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use or the Agency Agreement. This includes TMU Branding and Marketing LLP’s right to terminate your ability to upload videos, post comments, collect revenue or any function available via the TMU Branding and Marketing LLP Service.

TMU Branding and Marketing LLP has a zero tolerance for any violation of Content Polices and/or Conduct outlined in these Terms, especially, but not limited to copyright infringement. If a user is found in violation, the account may be suspended and/or terminated. The determination of suspension or termination is at the sole discretion of TMU Branding and Marketing LLP.

You acknowledge and agree that TMU Branding and Marketing LLP shall not be liable to you or any third party for any termination or suspension of your access to the TMU Branding and Marketing LLP Service.

Consideration and Agreement

You agree:

1. That there is legally sufficient consideration for this Agreement and for the rights granted and obligations undertaken by the parties herein;
2. That this Agreement is a legally binding contract between you and TMU Branding and Marketing LLP;
3. That you are entering into this Agreement knowingly and willingly, and
4. That your submission of this Agency Agreement to TMU Branding and Marketing LLP electronically constitutes your electronic Agreement, such that this Agency Agreement becomes binding upon submission.