Terms and Conditions

Terms of Use to Gigmedia App for Media Professionals HKI Media Pvt.Ltd. Gali No. 7, Kadipur Enclave, City Bus Depot, Gurugram, Haryana, India - 122001 GSTIN: 06AAPCM5408G1ZD CIN:U74999HR2022PTC101922 Welcome to the Gigmedia App, a platform owned and operated by HKI Media Pvt. Ltd. formerly known as MAA BOLI ENTERTAINMENT Pvt. Ltd. a company incorporated under the Companies Act, 2013 and rules thereunder, having its registered office at Gali No. 7, Kadipur Enclave, City Bus Depot, Gurugram, Haryana, India - 122001 (hereinafter referred to as “HKI Media,” “We,” “Us,” or “Our”) and these Terms of Use (hereinafter referred to as “Terms”) constitute a legally binding agreement between You, the User (hereinafter referred to as “You,” “Your,” or “User”), and HKI Media, governing your access and use of the Application. • The present Terms of Use apply exclusively to the Media Professionals Section of the Gigmedia App. By accessing or using the Media Professionals Section of the Gigmedia App, you shall have agreed to be bound by the terms and conditions set forth herein. These Terms shall also apply to other sections or features of the Gigmedia App unless explicitly stated otherwise, and users accessing other sections of the Application may be subject to different terms and conditions. • The Gigmedia App is the exclusive property of HKI Media and all rights, title, and interest in and to the Application, including any content, software, technology, data, and other materials used or displayed in connection with the Application, are and shall remain the exclusive property of HKI Media. These Terms do not grant You any rights to use the HKI Media’s and/or Gigmedia name, logos, trademarks, or other brand features without Our prior written consent. • For the purposes of these Terms of Use, the following terms shall have the meanings set forth below: • “User” means and includes Artists which include but are not limited to actor. The entertainment, media, and creative industries offer a vast range of career opportunities across various fields. In the film and cinema sector, roles include Cinema Manager, Senior Analyst, Distribution Manager, Movie Projectionists, Director, Assistant Director, Scriptwriter/Screenwriter, Storyboard Artist, Script Supervisor (Continuity), Casting Director, Production Manager, Line Producer, and Production Assistant (PA). The cinematography and technical departments feature positions such as Director of Photography (DOP) / Cinematographer, Camera Operator, First Assistant Camera (Focus Puller), Second Assistant Camera (Clapper/Slate Operator), Digital Imaging Technician (DIT), Gaffer (Head of Lighting), Lighting Technician, Key Grip, Drone Operator, and Steadicam Operator. The art and design team includes Production Designer, Art Director, Set Designer, Props Master, Costume Designer, Makeup Artist, Hair Stylist, Prosthetic Artist, and Dialect Coach. • In the field of journalism, key roles include News Reporter, News Anchor, Sub Editor, Editor, Political Correspondent, Investigative Journalist, Columnist, Social Media Journalist, Sports Journalist, Business Journalist, Entertainment Journalist, Crime Reporter, Science Journalist, Environment Journalist, Podcast Host (Journalism), and Political Analyst. Meanwhile, the VFX and animation industry includes Video Editor, VFX Supervisor, VFX Artist, Rotoscope Artist, 3D Modeler, Matte Painter, Trailer Editor, 3D Animator, Animation Director, Character Animator, Rigging Artist, Clean-up Artist, Compositor, Texturing Artist, Lighting Artist, and Game Animator. Game development professionals include Game Director, Game Designer, Game Developer, Level Designer, Environment Artist, UI/UX Designer, Game Tester (QA Tester), and Game Artist. • The comic book industry has specialized roles such as Comic Book Writer, Character Designer, Comic Book Letterer, and Comic Book Colorist. The emerging XR (Extended Reality) and virtual production fields offer careers like XR Director, XR Experience Designer, Virtual Reality Engineer, AR Artist, Interactive Content Designer, AI s Machine Learning Engineer (for XR), Virtual Production Technician, Previsualization (Previs) Artist, Motion Capture Director, CGI Supervisor, Color Grading Artist, Pipeline TD (Technical Director), Metaverse Developer, Blockchain Developer (for Gaming), AI Character Designer, and NFT Artist. • Marketing and management roles include Marketing Manager, Public Relations (PR) Manager, Social Media Manager, Business Development Manager, Sales Manager, Sponsorship Manager, Marketing Director, Digital Marketing Manager, Content Strategist, SEO Specialist, Advertising Coordinator, Advertising Manager, Growth Marketing Manager, SEO Manager, Marketing Coordinator, Licensing s Merchandising Manager, Affiliate Sales Executive, Social Media Influencer, Sales Executive, Search Engine Optimization (SEO) Executive, and Social Media Executive. In the media and event industry, key positions include Event Manager, Event Coordinator, Event Planner, Logistics Coordinator, Artist s Performer Coordinator, Emcee (Host), DJ, Ticketing s Registration Manager, Social Media Live Stream Coordinator, Event Photographer, Logistics Manager, Event Marketing Specialist, and Communications and Media Consultant. • The performing arts industry features roles such as Actor, Stand-up Comedy Artist, Mimicry Artist, Background Dancer, Wedding Photographer, Wedding Videographer, Anchor, and Voice-over Artist. Dance professionals can specialize in styles such as Bhangra, EDM, Salsa, Jazz, Afrobeat, Bachata, Dancehall, Belly Dance, Vogue, Bharatnatyam, Kathak, Garba, Dandiya, Kuchipudi, Mohiniyattam, Odissi, Kathakali, Manipuri, Sattariya, Gaudiya Nritya, Freestyle, Ballet, Cha Cha, Hip Hop, and Tap. • Music and sound production careers include Sound Designer, Foley Artist, Sound Mixer, ADR Recordist (Dubbing), Sound Engineer, Dubbing Artist, Music Director, Sound Editor, Audio Mastering Engineer, Music Editor, Music Composer, Music Producer, Playback Singer, Singer, Lyrics Writer, Mix s Master Music, and instrumentalists such as Drummer, Guitarist, Bassist, Keyboard Player, Pianist, Violinist, Saxophonist, Flutist, Tabla Player, Sitarist, Cellist, Organist, Double Bassist, Ukulelist, Harmonium Player, Harmonica Player, and Santoor Player. • This diverse industry landscape provides opportunities for individuals with varied skills and passions, whether in film, gaming, animation, journalism, events, marketing, or music. , or individuals engaged in creative activities A • “ Gigmedia App Content” refers to all information, text, images, graphics, videos, music, software, audio files, data compilations, and other materials that are uploaded, posted, displayed, or otherwise made available on the Gigmedia App by either HKI Media, and/or Contents created by Users like Artists, Association of Artists and general viewers etc., or third parties using the features of the Gigmedia App and published on Gigmedia App. Content also includes, but is not limited to, advertisements, job postings, portfolios, and user profiles. • “Intellectual Property Rights” or “IPR” means all and any copyrights, trademarks, design rights, patents, trade secrets, know-how, database rights, and other similar rights, whether registered or unregistered, and includes all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection that subsist or will subsist, now or in the future in any part of the world, which exist in Gigmedia Content, Gigmedia App and User Contents, unless expressly excluded. • “Personal Data” refers to any information relating to an identified or identifiable natural person (“Data Subject”); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that person and includes, but is not limited to, names, contact details, photographs, employment history, and other personal details that Users may provide or that may be collected by Gigmedia in the course of using the Application. • “Application” refers to the Gigmedia App owned and operated by HKI Media Pvt. Ltd., including any updates, upgrades, versions, or enhancements thereof, which provides a platform for Artists to promote their brands, hire , find potential clients and for to showcase their skills and connect with potential employers. • “Services” refers to the functionalities, features, and offerings provided through the Gigmedia App, including but not limited to account creation, content posting, content creation, listing of Profile, Portfolio, verified Account Feature, Collaboration Feature, and other services as offered by the Gigmedia App . • “Agreement” refers to these Terms of Use, including any other terms, conditions, and policies referenced herein or made available by hyperlink, which collectively govern the use of the Gigmedia App and such other terms and conditions subsequently added to these terms of services • “Third-Party Services” refers to services, content, or applications provided by parties other than Gigmedia , which may be integrated with, accessible through, or linked from the Application. • ACCEPTANCE • By accessing, downloading, installing, or using the Gigmedia App, You expressly acknowledge that You have read, understood, and agree to be bound by these Terms of Use (“Terms”), including any additional terms, conditions, and policies referenced herein and/or made available by hyperlink and Your acceptance of these Terms is a pre-condition of Your use of the Application. • The User shall be deemed to have accepted the present terms of use through any of the following actions performed by the User:- • By clicking to accept or agree to these Terms when this option is presented to You within the Application; • By using the Gigmedia App in any capacity, including but not limited to browsing, interacting with features, or utilizing any of the services provided within the Application; • By signing up and creating an account with the Gigmedia App. • ELIGIBILITY CLAUSE • Age Requirement: - By accessing or using the Application, you confirm that you are at least 18 years of age or older. If you are under the age of 18, you may only use the Application with the consent of your parent or guardian who agrees to be bound by these Terms of Use. • Legal Capacity: - You affirm that you and/or parent or guardian of a minor, as the case may be, have the legal capacity to enter into a binding agreement. By using the Application, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms of Use. • Compliance with Laws: - You agree to comply with all applicable laws and regulations in your jurisdiction when accessing or using the Application. You further affirm that you are not a person barred from receiving services under the laws of any applicable jurisdiction as provided by the Gigmedia Mobile App • Account Requirements: - To access certain features of the Application and Media Professionals Section, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete and by agreeing to the terms and conditions you take full responsibility for information provided and legal compliances and accountability lies therewith. Use of false information or impersonation of any person or entity by any User/Artist is strictly prohibited, violation whereof entails strict penalties. • Professional Use: - The Application is intended for use by creative professionals and User. By using the Application, you represent and warrant that you are Artist having valid registration valid proof for the same. • Prohibited Users:- The Application is not available to any users who have been previously removed or banned by the Application's administrators or blocked or blacklisted by any government entity for fraud or mischievous activities and/or have been convicted of any offence by competent court in India or any foreign court. If you have been previously banned or removed from the Application, you ought not to re-register for or use the Application without explicit permission of the HKI Media . • Use of Personal Information: - you agree that any information provided by you may be collected, used and shared in accordance with this agreement and you acknowledge that you have read and understood said clause and grant your consent to the use, storage and processing of the information provided by you, for the purposes outlined in the under this Agreement. • Geographical Restrictions:- The Application is intended for use within certain jurisdictions, accessing or using the Application from jurisdictions where its content is illegal or prohibited is expressly forbidden. You are solely responsible for determining whether your use of the Application complies with applicable laws in your jurisdiction. • Verification and Compliance:- The Application reserves the right to verify the eligibility of all users. This may include checks on user identity, age, and other relevant factors. Failure to provide necessary verification information may result in restriction or termination of access to the Application. Alternatively the Gigmedia at its sole discretion subject to verification of the identity of the user may provide access to verified features of the Gigmedia App. • Modification of Eligibility Requirements:- The Application reserves the right to modify or amend these eligibility requirements at any time. Continued use of the Application after any such changes shall constitute your consent to such changes. • ACCOUNT CREATION AND VERIFICATION • Account Registration:- To access certain features and functionalities of the Media Professionals section of the Gigmedia App, you may be required to create an account. During the account registration process, you must provide accurate, current, and complete information as prompted by the Application. Failure to do so shall result in denial of features and functionality associated with the account creation. • Additional Documents submission: As part of the account creation process, you may be required to submit certain documents and personal data to verify your identity and to comply with legal requirements, such information may include, but is not limited to, identification documents, business registration certificates, and contact details, govt ID, including PAN, GST and/or Aadhar. By accepting these terms and conditions, You agree to provide accurate and truthful information for these purposes. • INFORMED CONSENT • The User agrees that by using this mobile application, you, as a registered Artist/Artist Association/User, agree to the collection, storage, and processing of the Personal Data, provided by you, Personal Data/ information includes but is not limited to your name, phone number, address, age/date of birth, email address, work experience details, portfolio, education details, work/leisure preferences, and identity proof. • That User by using the Gigmedia App,agrees and consent to Automatic collection of information and sharing Data with Third Parties as explained herein below:- • Automatically Collected Information: - When you use the Application, we may automatically collect certain information about your device and usage patterns, including your IP address, device type, operating system, browser type, and information about how you interact with the Application, such as pages visited, links clicked, and other actions taken within the Gigmedia App. • Sharing Data with Third Parties:- We may share information about you with third-party service providers in order to facilitate the provision of services to you, or to carry out actions you have requested. These third parties may include, but are not limited to, payment processors, data storage providers, and customer service platforms. Additionally, we may be required to disclose your information to third parties in compliance with applicable laws, regulations, or legal processes. This may include sharing data with regulatory authorities, government bodies, or other authorized entities if required to fulfill legal obligations, resolve disputes, or enforce our agreements. In all cases, we will take reasonable steps to ensure that these third parties are bound to privacy standards consistent with our own. • Purpose and Use of Information:- • The information you provide will be used to: • Provide, maintain, and improve the Application’s features and services, including processing transactions, managing user accounts, providing customer support, and ensuring the Application’s functionality and security. • Send you updates, notifications, and other information related to your use of the Application. This may include marketing communications, newsletters, or promotional offers, which you can opt-out of as described below. • Personalize your experience with the Application, such as by tailoring content and recommendations based on your preferences and usage history. • Analytical and research purposes to understand how users interact with the Application, identify trends, improve user experience, and develop new features or services. • Comply with applicable laws, regulations, legal processes, or governmental requests, and to enforce our Terms of Use and other agreements. • List your profile and showcase your portfolio to other users on the platform. • Enable database and listing services for networking and professional opportunities. • Facilitate contact creation and meaningful connections with other artists on the platform. • Verify your identity for Verified Account Features. • Any other features that are made available by the HKI Media of Users and ensure compliance with the platform's policies and legal requirements. • Further, by using this mobile application, you consent to the collection and use of certain mobile device data and features for the purposes outlined below, specific feature access and use cases include: • Location: To enable location-based recommendations, facilitate connections with nearby artists, and support discovery of local events, studios, and exhibitions relevant to your artistic interests. • Camera: To allow you to capture and upload photos or videos of your work for portfolio updates, verify your identity through photo ID, and enable QR code scanning at networking events or exhibitions. • Microphone: To facilitate voice-based features, such as audio notes for project ideas, audio annotations, or real-time communication with collaborators during video chats and live discussions. • Contacts: To simplify connecting with contacts already using the app, inviting colleagues, and facilitating networking with clients and collaborators through the platform. • Storage/Files: To support the saving, uploading, and sharing of artwork files, portfolios, and other multimedia, providing seamless access to files shared by other users or event organizers. • Phone: To monitor phone status to prevent disruptions during in-app calls or meetings, and to verify device identity for enhanced security. • SMS: To allow SMS-based OTP (one-time-password) verification for secure account access and profile management, ensuring safety for sensitive artist profiles and transactions. • Calendar: To enable integration with your calendar for scheduling app events, setting reminders, and managing collaboration deadlines effectively. • Health and Fitness Data: To support wellness features for artists, such as tracking physical activity, breaks, or fitness routines that may help reduce strain from prolonged work hours. • Push Notifications: To send timely updates on profile activity, new connections, event reminders, and messages from collaborators, keeping you informed and engaged. • Bluetooth: To connect with nearby Bluetooth-enabled devices, such as digital sketch pads or other hardware that enhances your digital art creation process, and to facilitate connections at app events. • Sensors (like accelerometer, gyroscope): To support interactive and motion-based features, such as movement-based artwork creation tools, fitness tracking, and community gameplay enhancements. By accessing, using, or continuing to use the Gigmedia Mobile Application (“Application”), the User, hereby grants an absolute, unrestricted, irrevocable, and perpetual license to Gigmedia and its parent company, HKI Media Pvt.Ltd., to collect, process, store, analyze, distribute, sublicense, and utilize any and all data provided by the User on the Application. This includes, but is not limited to: 1. Personal Data – Such as full name, contact details, date of birth, profile picture, nationality, government-issued identification documents, and any other personally identifiable information voluntarily provided by the User. 2. Uploaded Content – Any text, images, videos, music, voice recordings, artwork, performance portfolios, creative works, and other forms of multimedia shared by the User. 3. Communication Data – Any direct messages, comments, forum posts, feedback submissions, customer service requests, and other interactions with Gigmedia or other Users on the platform. 4. Device and Technical Data – Including but not limited to device model, IP address, browser type, operating system, app usage statistics, geolocation data, browsing history, preferences, and in-app activity logs. 5. Transaction Data – If applicable, information about in-app purchases, payments made through third-party payment processors, invoices, billing details, and account transactions related to services provided through the platform. The User acknowledges and expressly consents to the unrestricted use of such data without requiring any further authorization, compensation, notice, or approval. Gigmedia reserves the right to: • Modify, adapt, transform, enhance, reproduce, or publicly display User data as deemed necessary for business operations, research, advertising, or legal compliance. • Sell, share, or provide access to third parties, including but not limited to business partners, affiliates, marketing agencies, analytics service providers, governmental authorities, and legal entities. • Use artificial intelligence, data mining, and automated algorithms to analyze User preferences, behaviors, and activity for market research, product development, and targeted advertising. The User acknowledges that this irrevocable data usage agreement shall remain in effect indefinitely, even if the User deletes their account or ceases using the Application • ACCESS TO CONSENT AND DELETED OF DATA • Gigmedia App may provide you access to the personal information stored by this Gigmedia App along with consent s authorisation given to share personal and other information with Gigmedia Mobile App. To view, verify, or update the information associated with your account, you may use the “Edit Profile.” feature available within the Application, to access all your stored information, including but not limited to your name, contact details, age/date of birth, work experience, portfolio, education details, preferences, and verified account information. • If you identify any inaccuracies or wish to make updates to your information, you may do so directly through the "Edit Profile" section or by contacting our support team. • COOKIES AND TRACKING TECHNOLOGIES • Cookies: - We use cookies and similar tracking technologies to collect information about your interactions with the Application, such as your browsing behaviour, preferences, and usage patterns. Cookies are small data files stored on your device that help us recognize you and enhance your experience. • Third-Party Tracking: - We may allow third-party service providers to use cookies and other tracking technologies to collect information about your online activities over time and across different websites and devices, which may be used for analytics, advertising, and other purposes. • REQUEST FOR DELETION OF PERSONAL DATA • As a registered Artist/User, you may request the deletion of your personal data collected and stored by this Application. However, please note that the deletion of certain data may limit or disable your access to specific features and services provided by the app. • Data Deletion Mechanism To initiate the data deletion process, follow these steps: • You must submit a formal deletion request by contacting our grievance Officer (GO) via email , the request should include your full name, registered email address, and reason for the deletion request. • Upon receiving your request, we will send you a verification email to confirm your identity. You will need to respond to this email within 30 business days, providing a copy of a government-issued ID or other proof of identity for verification purposes. • For security reasons, an additional layer of verification may be required. In certain cases, you may be asked to verify your identity through a video call with one of our support representatives, this step ensures that the deletion request is legitimate and initiated by the account owner. • After successful verification, your request will be forwarded to our legal and technical teams for further review. This process may take up to 30 business days, during which time you will receive periodic updates on the status of your request. • Once the request has been processed, a final confirmation email will be sent to you. All your data will be permanently deleted from our servers and associated systems, with the exception of data that may be required to comply with legal obligations or for security purposes. • Please be aware that once your data is deleted, it cannot be recovered. Additionally, certain non-personally identifiable information or aggregated data may be retained for analytical or operational purposes, but this will not be linked back to your identity. Important Note: Initiating the data deletion process will result in the termination of your account and access to all associated services and features. Any collaborations, messages, or shared content with other users will be permanently erased. You may need to provide explicit consent during the process to acknowledge these consequences. • DATA STORAGE AND SECURITY:- Your personal information will be stored securely and treated with strict confidentiality. We employ industry-standard encryption and data protection measures to safeguard your information against unauthorized access, alteration, disclosure, or destruction. Access to your data is limited to authorized personnel and is only used for the purposes outlined in this clause. • USAGE OF APPLICATION BY THE USER • Permitted Use:- As a User of the Media Professionals section of the Gigmedia App , you are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Application for lawful purposes related to your personal and professional activities. Permitted uses of the Application include, but are not limited to:- i. Creating and Maintaining a Profile: You may create, maintain, and update your profile for the purpose of showcasing your work, connecting with other users, and engaging in professional networking. ii. Uploading and Sharing Content: You are permitted to upload, share, and display your artistic portfolio, work experience, and other related User Content, provided that such content does not violate any intellectual property rights, privacy rights, or any other legal rights of third parties. iii. Listing with Artist Database: You may list your profile within the Artist Database, making your professional information, portfolio, and credentials visible to potential collaborators, clients, or employers who use the platform for networking and project opportunities. iv. Networking and Collaboration: You may use the platform to connect and collaborate with other artists, industry professionals, and clients, as well as participate in discussions, collaborations, or community-based activities. v. Use of Communication Features: You are authorized to use the in-app communication tools, such as messaging and video call features, for legitimate purposes related to your artistic career, collaborations, or professional development. vi. Accessing and Utilizing Services: You may use the features of the application, such as portfolio management, verified account services, listing with the Artist Database, and networking tools, to promote your work, discover opportunities, and engage with other users, provided your activities are in line with the intended purpose of the app. • Prohibited Use:- By using the Application, you agree to refrain from any actions that are unlawful, unethical, or could harm the reputation, functionality, or security of the Application. Prohibited uses include, but are not limited to: • Unlawful Activities: You may not use the Application for any purpose that is illegal or prohibited by applicable law, including but not limited to fraud, intellectual property infringement, or other violations of third-party rights. • Misrepresentation: You may not misrepresent your identity, affiliation, or the purpose of your use of the Application. Creating fake or fraudulent accounts or providing false information is strictly prohibited. • Unauthorized Access: You may not attempt to gain unauthorized access to the Application, other user accounts, or any systems or networks connected to the Application through hacking, password mining, or any other means • Disruption and Interference: You may not use the Application in any manner that could damage, disable, overburden, or impair the Application’s functionality. This includes transmitting viruses, spam, or any other harmful code. • Data Harvesting and Scraping: You are prohibited from using any automated system, including but not limited to robots, spiders, or offline readers, to access the Application for data harvesting, scraping, or data mining purposes. • Infringing on Privacy Rights: You may not collect, store, or share personal data about other users without their explicit consent, nor may you use the Application to stalk, harass, or otherwise violate the privacy rights of others. • Uploading Harmful Content: You may not upload, share, or distribute content that is harmful, defamatory, obscene, abusive, threatening, discriminatory, or that otherwise violates the rights of others. • Circumventing Security Measures: You may not attempt to bypass or circumvent any security measures implemented on the Application, including those meant to prevent unauthorized access or protect user data. • Commercial Exploitation: You may not use the Application for any commercial purposes that are not expressly permitted by these Terms of Use, including unauthorized advertising, promotional materials, or any other form of solicitation. • Consequences of Prohibited Use:- Violations of these usage terms may result in the immediate suspension or termination of your account, as well as legal action if deemed necessary and the HKI Media reserves the right to investigate suspected violations and take any action it deems appropriate, including reporting to law enforcement authorities. • TERMINATION:- • Termination by the User: - You may terminate and delete your account and cease using the Gigmedia App at any time by providing notice to the Application’s administrators. Upon termination, your right to access and use the Application will immediately cease. Any outstanding obligations, including payments for services already rendered, shall remain due and payable. • Termination by the HKI Media: - The Application reserves the right to suspend or terminate your account and access to the Application, in whole or in part, at any time and for any reason, including but not limited to: • Breach of Terms: If you violate these Terms of Use or any other applicable policies or agreements. • Unlawful Activity: If you engage in any illegal activities or conduct that could harm the Application, its users, or third parties. • Inactivity: If your account is inactive for an extended period, as determined by the Application. • Fraud or Misrepresentation: If you provide false, misleading, or incomplete information during account creation or during your use of the Application. • Effect of Termination: - Upon termination of your account, your access to the Application will be disabled, and you will no longer be able to access any data or content stored within your account. HKI Media may, but is not obligated to, retain or delete any data associated with your account following termination. It is your responsibility to back up any data or content you wish to retain before terminating your account and request for deletion of the Data Personal. • Survival of Terms: - The provisions of these Terms of Use by their nature should survive termination shall continue to apply, including but not limited to provisions regarding intellectual property rights, indemnification, liability, and any obligations related to outstanding payments. • No Refunds: - Termination of your account, whether by you or by the Application, does not entitle you to a refund of any fees or payments made, except where required by applicable law or as expressly provided in any service- specific terms. • Notice of Termination: - The Application may provide notice of termination to you via email, within the Application, or through any other reasonable means of communication. • Reinstatement: - The Application reserves the right, at its sole discretion, to reinstate your account after termination, subject to any conditions or requirements that the Application may impose. • PAYMENTS AND SERVICE FEES:- • Subscription and Service Fees:- Certain features or services offered through the Media Professionals section of the Gigmedia App may require payment of fees. The specific fees for such features or services will be disclosed to you at the time of purchase or subscription. By using those features or services, you agree to pay all applicable fees and charges as described at the time of purchase, including any applicable taxes. • Fee Structure:- The fee structure, including applicable subscription plans (e.g., monthly, quarterly, or annual) and one-time service fees, will be made available to you within the application. You are responsible for reviewing the fee details and selecting the plan or service that best suits your needs. All fees are in INR, unless otherwise specified. • Payment Terms: - All fees are payable in the currency specified by the Application at the time of the transaction. You agree to provide accurate, complete, and current payment information at the time of each transaction and to promptly update this information as necessary. Payment can be made using the payment methods accepted by the Application, which may include credit cards, debit cards, or other online payment methods. • Authorization: - By providing payment information, you expressly authorize HKI Media or its designated third-party payment processor to charge the applicable fees to the payment method you have provided. You also authorize the Application to charge you for any additional fees or charges that you may incur in connection with your use of the Application’s services. • Recurring Payments: - If you choose a service that involves recurring payments, such as a subscription, you agree that the Application is authorized to charge your selected payment method on a recurring basis (e.g., monthly, annually) without further authorization from you, until you cancel the subscription or change your payment method. You may cancel a subscription at any time by following the instructions provided within the Application, and any cancellation will take effect at the end of the current billing cycle. • No Refunds: - All fees and charges are non-refundable, except as required by applicable law or explicitly stated otherwise in any service-specific terms. If you believe that you have been charged in error, you must notify us within 30 days of the charge. HKI Media reserves the right to issue refunds or credits at its sole discretion. • Changes to Fees: - HKI Media reserves the right to change the fees for any services or features offered through the Application at any time. Any fee changes will be effective upon posting on the Application or otherwise providing notice to you. Your continued use of the Application following the effective date of any fee change constitutes your agreement to pay the updated fees. • Refund Policy:- All fees paid for services and subscriptions are non- refundable, except in cases where the services have not been provided due to technical errors or faults attributable to the app. Any request for a refund must be submitted through our support team within [e.g., 7 days] of the billing date, and refunds will be processed at the discretion of the company. • Taxes: - You are responsible for any taxes or additional charges (e.g., transaction fees) associated with your payments, such taxes and transaction fees shall be charged additionally during the payment. These may include GST, local taxes, or service charges required by law or by payment service providers. • Third-Party Payment Processors: - Payments made through the Application may be processed by third-party payment processors. You agree to abide by any terms and conditions imposed by such third-party processors in connection with the processing of your payment. HKI Media is not responsible for any errors or issues arising from transactions conducted through such third-party processors. • Billing Disputes: - If you have any concerns or disputes regarding charges to your account, you must contact HKI Media’s customer service within 30 days of the charge date. You agree to waive any disputes or claims after this 30-day period. By continuing to use the mobile application and subscribing to premium services, you agree to these payment and service fee terms. Should you have any questions or concerns regarding payments, fees, or billing, please contact our customer support team. • GRIEVANCE AND CUSTOMER CARE:- For any concerns, issues, complaints, or intellectual property rights (IPR) infringement claims related to your experience with the Gigmedia App, please follow our grievance procedure: • Contact Customer Care:- If you encounter any issues or concerns, including technical difficulties or IPR-related complaints, please reach out to our support team via [email/contact form/phone number] for assistance. Our customer care team is available from 10:00 AM to 5:00 PM, Monday to Friday. For IPR infringement claims, please include a detailed description of the alleged infringement along with supporting documentation or evidence. • Grievance Submission: If your issue remains unresolved after contacting customer care, you may formally submit a grievance by providing detailed information about the problem, including any relevant documentation. For IPR- related grievances, please include the following: • Identification of the copyrighted work, trademark, or other IPR that you claim has been infringed. • A description of where the alleged infringing content is located on the Gigmedia App. • Your contact information, including full name, email address, and phone number. • A statement affirming that the information you have provided is accurate and that you are the owner of the IPR or are authorized to act on behalf of the owner. • Acknowledgment and Resolution:- We will acknowledge receipt of your grievance, including IPR infringement complaints, within 48 hours. Our team will thoroughly review your complaint and aim to resolve it within 30 business days. You will be kept informed of the resolution steps taken and the outcome of your grievance. • Disputes Over IPR Ownership:- In certain cases where a dispute arises regarding the ownership of the intellectual property rights and you, as the user, are unable to provide sufficient proof of ownership, we may be unable to resolve the issue through the platform’s grievance procedure. In such cases, you may be required to approach a court of competent jurisdiction to resolve the dispute. The Gigmedia App will comply with any final court decision regarding ownership of the disputed IPR. For further assistance or to escalate your issue, you may contact our customer care team. We are committed to providing timely and effective support to ensure that all grievances, including those related to IPR, are addressed and resolved appropriately. • GRANT OF LICENSE:- • By submitting, posting, or displaying any content, including but not limited to text, images, videos, audio, graphics, and other materials ("User Content" ) on or through the Gigmedia App, you hereby grant HKI Media a worldwide, non- exclusive, royalty-free, fully paid-up, transferable, sublicensable, and perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content, in whole or in part, in any form, media, or technology now known or hereafter developed. • This license includes, but is not limited to, the right to: • Display, distribute, and publicly perform or display your User Content on the Application, including within any promotional materials, social media channels, websites, or other platforms associated with HKI Media to promote, market, or advertise the Application or the services offered. • Use your User Content in promotional and marketing campaigns to showcase the Application's capabilities, highlight user engagement, and demonstrate the variety and quality of content available within the Application. • Modify, adapt, and create derivative works from your User Content to ensure compatibility with different media formats and platforms, as well as to enhance the quality and presentation of the content in line with HKI Media's branding and technical requirements. • You acknowledge and agree that this license allows HKI Media to make your User Content available to other users of the Application and to the general public, who may also view, interact with, share, and comment on your content, subject to these Terms of Use. • You represent and warrant that you have all necessary rights, licenses, and permissions to grant the foregoing license, and that HKI Media's use of your User Content as authorized by this license does not and will not infringe, violate, or misappropriate any third-party rights, including but not limited to intellectual property rights, privacy rights, or publicity rights. • This license will survive the termination of your account or cessation of use of the Application, regardless of the reason for such termination. • INTELLECTUAL PROPERTY RIGHTS • Ownership of the Application:- • All intellectual property rights in and to the Gigmedia App , including but not limited to the software, code, design, graphics, text, content, trademarks, logos, and other features and functionality, are and will remain the exclusive property of HKI Media and its licensors. Nothing in these Terms of Use grants you any rights in or to the Application or any content of HKI Media, except as expressly provided in these Terms of Use. • You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Application solely for your personal and professional purposes as an Artist and Artist Association, in accordance with these Terms of Use, this license does not grant you any rights to use HKI Media's trademarks, logos, or other intellectual property, except as explicitly authorized by HKI Media in writing. • Restrictions on Use:- You agree not to copy, modify, distribute, sell, lease, or create derivative works based on the Application or any part of it, except as expressly permitted in these Terms of Use or by HKI Media in writing. You also agree not to reverse engineer, decompile, or attempt to extract the source code of the Application, unless expressly permitted by applicable law. • Termination of License : HKI Media may terminate your license to use the Application and its content at any time, for any reason, including but not limited to violation of these Terms of Use. Upon termination, all rights and licenses granted to you will cease, and you must immediately cease all use of the Application. • THIRD-PARTY SERVICES AND LINKS • Third-Party Services: The Gigmedia App may integrate, include, or provide access to third-party services, features, or content that are owned, operated, or provided by third-party companies or individuals ("Third-Party Services"). These Third-Party Services may include, but are not limited to, payment processing services, cloud storage, social media platforms, analytics tools, and other external service providers. Your use of Third- Party Services is subject to the terms and conditions and privacy policies of those third parties, which may differ from those of HKI Media. You acknowledge and agree that HKI Media is not responsible for the availability, accuracy, content, products, services, or practices of Third- Party Services. • Third-Party Links: The Application may contain links to third-party websites or resources ("Third-Party Links") for your convenience. HKI Media does not endorse, approve, or control any Third-Party Links, and is not responsible for the content, privacy practices, or other policies of such websites or resources. You acknowledge and agree that HKI Media is not liable for any loss or damage incurred as a result of your access to or use of any Third- Party Links, and you access such websites or resources at your own risk. • User Responsibility: When accessing or using Third-Party Services or Third- Party Links through the Application, you are responsible for reading, understanding, and complying with the terms, conditions, and privacy policies of those third parties and HKI Media recommends that you review the applicable terms and policies before interacting with any Third-Party Services or Third-Party Links. Your interactions with third-party entities are solely between you and the third-party, and HKI Media is not responsible for any issues arising from such interactions. • No Liability:- HKI Media makes no representations or warranties regarding the accuracy, quality, legality, or appropriateness of any content, products, services, or other materials provided by Third-Party Services or accessible through Third-Party Links and made available by the other Users in the Gigmedia App. HKI Media disclaims all liability and responsibility for any third-party content, User Content, Practices, or services, and for any loss or damage that may arise from your use of them. Any claims, concerns, or questions about Third-Party Services or Third-Party Links should be directed to the relevant third-party provider. • Changes and Removal: HKI Media reserves the right to change, suspend, remove, or disable access to any Third-Party Services or Third-Party Links at any time without notice and without liability to you. HKI Media may also impose limits on the use of or access to certain Third-Party Services or Third-Party Links, in all cases and without notice or liability. • LIMITATION OF LIABILITY AND DISCLAIMERS The User expressly acknowledges and agrees that Gigmedia shall bear no liability, direct or indirect, absolute or consequential, in the event of any data breach, unauthorized access, hacking, security vulnerabilities, or data leaks occurring under the following circumstances: • No Warranties: The Gigmedia App and all content, services, and features provided through the Application are offered on an "as-is" and "as- available" basis, without warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the Application will be uninterrupted or error-free. HKI Media does not warrant the accuracy, completeness, reliability, availability, or timeliness of any content available on or through the Application. • User Negligence • Failure to use strong passwords, update security settings, or follow best practices for account protection. • Inadvertently sharing login credentials or sensitive personal data with unauthorized third parties. • Unauthorized use of the User’s account by a friend, family member, employee, or any other individual. 2. Third-Party Service Failures • Data leaks or breaches resulting from third-party hosting providers, cloud storage services, or integrated payment gateways. • Cyberattacks targeting external vendors that provide services to Gigmedia, such as advertising agencies, data analytics firms, and cloud service providers. • Vulnerabilities in APIs, plugins, or third-party applications connected to the platform. 3. Malicious Attacks and Cybersecurity Incidents • Hacking attempts, denial-of-service (DDoS) attacks, ransomware infections, phishing schemes, spyware, malware, or virus attacks affecting Gigmedia or its Users. • Exploitation of security loopholes within User devices, outdated operating systems, or weak encryption settings. • Unauthorized breaches conducted by anonymous hackers, cybercriminal groups, or entities beyond the control of Gigmedia. By agreeing to these Terms of Use, the User waives any right to pursue legal claims, lawsuits, damages, compensations, or liabilities against Gigmedia related to data loss, exposure, or compromise arising from any of the • Use at Your Own Risk: Your use of the Application and any content accessed through the Application is entirely at your own risk. HKI Media does not guarantee that the Application will be free from viruses, malware, or other harmful components. You are responsible for implementing sufficient safeguards to protect your devices and data. • Limitation of Liability: To the fullest extent permitted by applicable law, HKI Media, its affiliates, directors, officers, employees, agents, partners, and licensors shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to, damages for loss of profits, revenue, goodwill, use, data, or other intangible losses, arising out of or relating to your access to or use of, or inability to access or use, the Application or any content provided therein, even if HKI Media has been advised of the possibility of such damages. • No Liability for User Content: HKI Media is not responsible for any User Content or any actions, omissions, or conduct of any users or third parties on or off the Application. You acknowledge and agree that any reliance on User Content posted on the Application is at your own risk. • Indemnification: You agree to indemnify, defend, and hold harmless HKI Media, its affiliates, directors, officers, employees, agents, partners, and licensors from and against any claims, liabilities, damages, losses, and expenses, including, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Application, your User Content, or your violation of these Terms of Use. • Exclusions: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, HKI Media’s liability will be limited to the greatest extent permitted by law. • Maximum Liability: To the extent that any limitation of liability or disclaimer of warranties is not enforceable, HKI Media's maximum cumulative liability under these Terms of Use shall not exceed the amount you have paid to HKI Media for the use of the Application in the six (6) months preceding the date of the claim. • MODIFICATION TO TERMS • HKI Media reserves the absolute right, at its sole discretion, to modify, amend, or update these Terms of Use at any time. Any such changes will become effective upon posting the revised Terms of Use within the Gigmedia App or on the associated website and providing notice of such change to the User. HKI Media will provide notice to you of any material changes to the Terms by means deemed reasonable by HKI Media, which may include sending an email notification to the address associated with your account or providing an in-app notification. • Your continued access to or use of the Application after the effective date of any changes to these Terms of Use constitutes your acceptance of the modified terms. If you do not agree to the new terms, you must stop using the Application and may terminate your account as set forth in these Terms of Use. • You are encouraged to review these Terms of Use periodically to stay informed about any updates or changes. HKI Media will indicate the date these Terms of Use were last revised at the top of the document for your reference. • GOVERNING LAW AND DISPUTE RESOLUTION • These Terms of Use and any disputes arising out of or relating to them, the Application, or the services provided by HKI Media shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. • Any dispute, controversy, or claim arising out of or relating to these Terms of Use, including the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Application ("Dispute"), shall be resolved through binding arbitration. The Arbitration shall be conducted by a Sole Arbitrator selected by you/user, out of a list of five independent arbitrator proposed by HKI Media, in case you fail to reply to the said Notice for selection of Arbitrator within 30 days, HKI Media shall be entitled to appoint an independent Arbitrator out of the list of proposed Arbitrator. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1GG6, and any amendments thereto. • The arbitration shall be conducted in English, and the seat and venue of arbitration shall be Delhi, India and the Arbitrator's decision shall be final and binding on both parties. The arbitrator shall have the authority to award any relief that would otherwise be available in court. • Subject to the arbitration clause above, any disputes that are not subject to arbitration shall be subject to the exclusive jurisdiction of the courts of Delhi, India. You and HKI Media agree to submit to the personal jurisdiction of the courts located in Delhi, India, for the resolution of any such disputes. • Notwithstanding the above, nothing in these Terms of Use shall prevent either party from seeking interim or injunctive relief in a court of competent jurisdiction, including the courts of Delhi, India, to protect its rights or property pending the completion of arbitration.