You must carefully read and understand these terms and conditions before downloading, installing and using the PublicVibe mobile or desktop application ("Platform"), which is operated and managed by Eterno Infotech Pvt. Ltd. ("PublicVibe"), having its registered office at VRR Legacy, No. 2, 1st Main, 1st Block, Koramangala, Bangalore, Karnataka 560034
You are reading these terms of service (the “Terms”), which is an electronic contract recognized under the provisions of the Information Technology Act of 2000 read along with its relevant rules including Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and amendments if any and thereby governs the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products and content (collectively, the “Platform” or “Services”).
The terminologies ("You", "Your", "User" And "Users") shall be read in context and shall refer to You. By using or accessing or downloading the Platform to view content by You, You agree to be bound by these terms.
You understand that by accessing or using our Services Your acceptance of these Terms of Service, the PrivacyPolicy and Community Guidelines forms a legally binding user agreement between You and Eterno (“User Agreement”). This User Agreement and all other applicable laws and regulations, govern Your access and use of the app (“Platform”), irrespective of whether you are a registered user or a visitor (which means that you simply browse, download, install or visit the platform without limitation, through a mobile or other wireless device, or otherwise use the Platform without being registered).
For the purpose of these terms and conditions, any reference to PublicVibe shall include its affiliates, parent company, subsidiaries and sister concerns.
This User Agreement grants a non-exclusive and non-transferable license to download, access and use the Platform, which acts as an intermediary enabling technology allowing You to access various content. PublicVibe holds no responsibility or liability for any content accessible by You through the Platform.
In case of an organization, company or branch of government, You represent and warrant that You have the authority to legally bind Your company or organization and Your company or organization will be bound by the obligations and restrictions of these terms. Any references herein to 'You' or 'Your' will include Your company or organization.
If You do not agree to the terms or do not have the authority to bind Your organization or company to these terms, then do not access, avail, download or use the Platform.
PublicVibe is a hyperlocal social network to share what's happening in your area with people in your locality and connect with people and influencers in your neighborhood. PublicVibe is India’s own hyperlocal video app that brings you the latest news and videos from your locality in your own language.
You can also share what’s happening in your area with people in your community and get a chance to become a local star. You can find hyperlocal videos starting from the village level as and when it happens.
Never miss an update from your neighborhood. Get them directly from your favorite local reporters, influencers and trusted sources.
Use and access to the Platform is available to all persons who can be legally bound by contract and who are not disqualified or declared incompetent under the Indian Contract Act, 1872. If You are a minor i.e. under the age of 18 years, You shall not register as a User of the Platform and shall not access or use the Platform. As a minor if You wish to access or use the Platform, such access or use may be made by Your legal guardian or parents on the Platform.
PublicVibe reserves the right to terminate such use and/ or refuse to provide You with access to the Platform if it is brought to PublicVibe 's notice or if it is discovered that You are under the age of 18 years.
If your registration(s) with or ability to access the Platform, is discontinued by Us due to your violation of any portion of the Agreement, you may not access or use the App, and you agree that you will not attempt to re-register with or access the Platform through the use of a different member name or otherwise.
4.1. Subject to the Terms, PublicVibe hereby grants You only a limited, non-transferrable, non-exclusive, revocable license to make personal and non-commercial use of the Platform. You hereby agree, undertake , and confirm that all rights, title, and interests in the Platform are retained by PublicVibe and do not transfer any proprietary property by PublicVibe to You.
4.2. The Platform is licensed, not sold, to You, even after installation on Your devices. You are not allowed to assign, transfer or sub-license Your rights under this license, to any third party. PublicVibe may assign this license agreement or any part of it without restrictions. You are not allowed to assign, transfer or sub-license Your rights under this license, to any third party.
4.3 The copyright, trademark, patent or other intellectual property rights in the Platform (including, without limitation, all designs, logos, names, text, sound recordings, music, images, graphics, video and links) are licensed to or owned by PublicVibe or the respective third-party entities as identified on the Platform. No license or right is granted, and use of the Platform therein shall not constitute by implication, estoppel or otherwise, any license or right of use. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by Your use of the App through Your device. As a condition of your access to and use of the Services, you agree not to use the Services to infringe on any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights. For use of any third party's intellectual property, You may need to get permission directly from the intellectual property owner.
4.4 You shall not download or encourage others to download copyrighted works, trademarks, or other proprietary information without obtaining the prior written consent of the owner/exclusive licensee of the Intellectual Property. In the event of infringement, Eterno may take necessary steps to remedy the same at its own discretion or as required by law.
5.1. You continue to own your Content and grant us license of the Content which You may upload, post or transmit (such as via a stream) or otherwise make available content through the Services including, without limitation, any text, photographs, videos, sound recordings. You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, adapt, of, publish and/or transmit, and/or distribute and to authorise other users of the Services and other third-parties to view, access, use, download, adapt, of, publish and/or transmit your User Content in any format and on any platform.
5.2 You acknowledge, confirm and agree that all Intellectual Property rights in the Content You post vests with You or You have a valid license to post, display, reproduce, make copies, broadcast, communicate to the public such Content on the Platform.
5.3 By posting Content on the Platform, You confirm that You are the owner of all Content and underlying works contained therein, or are authorised by the owner to make the Content available through the Platform.
5.4 You represent that you are authorized to grant all rights in this Content to PublicVibe in accordance with the terms and conditions and policies of this Platform, and all applicable laws and regulations.
5.5 PublicVibe and its business associates, affiliates hold no responsibility and are not liable for any Content created, shared by or accessible by You through Your use of the Platform. You acknowledge that the Platform is merely an intermediary/ enabling technology that allows You to create, access and share Content. In no event shall PublicVibe or its affiliates assume or have any responsibility or liability for the Content created, shared or accessed by use of the Platform or for any claims, damages or losses resulting from the use of the Content.
5.6. You acknowledge and concede that the Content accessible by use of the Platform is the property of the concerned User and may be the subject of proprietary and other rights of such content providers including any intellectual property rights. You are not permitted to distribute, download/use/access, transmit, republish, display, sell, license or otherwise communicate the Content to the public in any manner except via the features provided in the Platform.
6.1 This Agreement, and any posted revision, shall remain in full force and effect while You use the Platform and certain provisions may continue to apply even after termination.
6.2 You may terminate this Agreement by uninstalling or deleting the Platform at any time, for any reason. In case you choose to uninstall the App or delete your account, all of Your profile content and other information may be deleted from your mobile device. However, certain details are maintained with Us for archival, enriching our machine learning, continuous product improvements or for legal purposes.
6.3 PublicVibe may terminate this Agreement by deleting Your account or profile without assigning any reasons whatsoever, if You have breached any provision of the Agreement, or if PublicVibe is required to do so by law (e.g., where the provision of the App is, or becomes, unlawful).
6.4 All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
6.5 Effect of Termination. Termination of the Agreement, your account, or your access to or use of the App may include removal of access and barring further use of the Platform. Termination of this Agreement or your account also includes disassociation or deletion of your username, your password and, all related information, files and user content associated with or inside your account (or any part thereof), including your user content. Upon termination of the Agreement, your right to use the Platform, including mobile software will automatically terminate. PublicVibe will not have any liability whatsoever to you for any suspension or termination, including for deletion of your user content. PublicVibe will hold and use the content/data as long as required and/or permissible under local laws. All provisions of the Agreement which by their nature should survive shall survive termination of this Agreement, including without limitation, warranty disclaimers, governing law, and limitations of liability.
7.1 As a condition of use, You promise not to use the Platform for any purpose that is prohibited by this Agreement. You are responsible for all of Your activity in connection with the Platform.
7.2 You agree, undertake and confirm that You are only permitted to use the Platform for accessing Content and for sharing Content created by You or Content which You are authorised to post on the Platform.
7.4 Additionally, You shall abide by all applicable local, state, national and international laws and regulations and if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.
7.5 You agree, undertake and confirm that Your use of the Platform shall be strictly governed by, including but not limited to the following:
7.6 You will not host, display, upload, modify, publish, transmit, store, update or share any content that:
7.7 You agree to comply with the above conditions and acknowledge that PublicVibe has the right, in its sole discretion, to terminate Your account or take action as in our sole discretion is necessary if You breach any of the above conditions or any of the other provisions of this Terms.
7.8 You understand that PublicVibe has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order. In addition, PublicVibe may (and You hereby expressly authorize PublicVibe to) disclose any information about You to law enforcement or other government officials, as PublicVibe , in its sole discretion, believes necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury; Throughout these Terms, PublicVibe 's prior written consent means a communication coming from PublicVibe's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization.
8.1.You hereby agree, undertake and confirm to receive advertisements through use of this Platform. The Platform may provide access to third-party Content and/or websites that are not owned or controlled by PublicVibe . PublicVibe is not responsible for any third-party Content, applications, services, advertisements, and/or links that may be contained in the Platforms.
8.2 The Platform may provide access to third-party games, quizzes, and other such activities requiring skill, for which prizes may be awarded by the concerned third-party. PublicVibe does not own or control these third-party games or other activities, and does not control or undertake any liability for declaring results or awarding prizes.
8.3 If You have any complaints or concerns regarding third-party content or third-party activities on the Platform, You agree to report your complaints through the self report or grievance redressal mechanism. You further agree and acknowledge that PublicVibe will handle Your complaints in accordance with its grievance redressal mechanism and the applicable law.
8.4. You shall not copy reproduce, republish, upload, post, publicly display, encode, translate, transmit, download or distribute the Platform or any Content in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise. PublicVibe shall have all the rights to take necessary action and claim damages in case of any violation. Such action may also involve terminating Your permission to use the Platform by deleting Your Account.
8.5. You may use general information about the Platform expressly permitted, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such Content only for Your personal, non-commercial and informational purpose unless agreed otherwise through an agreement and do not copy or post such Content on any networked computer or broadcast it in any media, (3) make no modifications to any such Content, and (4) do not make any additional representations or warranties relating to such documents.
9.1 This Platform and the Content under it are provided by PublicVibe "as is" and on an "as available" basis and PublicVibe and its affiliates, and their officers, directors, employees, and agents make no warranties and hereby disclaim any express or implied warranties, including, but not limited to, the implied warranties (collectively, "warranties") of merchantability and fitness for a particular purpose are disclaimed. In no event shall PublicVibe be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this Platform, even if advised of the possibility of such damage.
9.2 You agree that Your use of the Platform shall be at Your sole risk. To the fullest extent permitted by law, PublicVibe disclaims all warranties, express or implied, in connection with the use of the Platform.
9.3. PublicVibe makes no representations or guarantee that the Platform will be free from loss, destruction, damage, any unauthorized access to or use of PublicVibe 's secure servers and/or any and all personal information and/or financial information stored therein, corruption, attack, any interruption or cessation of transmission to or from the Platform, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Platform by any third party, and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any of the Content accessible via the Platform. PublicVibe does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked services or featured in any banner or other advertising, and PublicVibe will not be a party to or in any way be responsible for monitoring any transaction between You and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, You should use Your best judgment and exercise caution, interference, personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Platform, hacking, or other security intrusion, and PublicVibe disclaims any liability relating thereto.
9.4. PublicVibe makes no guarantees, representations, or warranties that use or results of the use or content of the Platform will be accurate, timely, reliable, uninterrupted, or without errors. Without prior notice, PublicVibe may modify, suspend, or discontinue any part or all of the Platform or Your use of the Platform. In such an event, PublicVibe or its affiliates will not be liable to You or any third party.
9.5. PublicVibe makes no guarantees, representations, or warranties that Content accessible through the Platform by the User or the links provided by third parties will be free of viruses or similar contamination or destructive features. You agree that You assume all risk as to the quality and performance of the Platform and the accuracy and completeness of the Content.
9.6. You understand that You may encounter offensive, indecent, or other objectionable content while using the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Platform, and that the recipient may use such information to harass or injure you. PublicVibe does not approve of such unauthorized use, but by using the Platform You acknowledge and agree that PublicVibe is not responsible for any such illegitimate use of any personal information so obtained by others.
THE PLATFORM, ITS FEATURES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND "WITH ALL FAULTS".
You hereby agree to indemnify, defend and hold PublicVibe and its business associates, affiliates, and their officers, directors and employees, harmless from and against any and all damages, liabilities, costs and expenses, including attorney's fees and expenses, arising out of, incident to, or resulting directly or indirectly from the use of the Platform in a manner inconsistent with these Terms. Notwithstanding its reasonable efforts, PublicVibe and its business associates, affiliates cannot take responsibility or control the Content made for access through the Platform.
13.1.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PUBLICVIBE OR ITS BUSINESS ASSOCIATES, AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE PLATFORM AND ANY LOSS OR DAMAGE ARISING OUT OF OR IN RELATION TO ACTS OF GOD OR ACT OF THIRD PARTY THAT IS BEYOND THE CONTROL OF PublicVibe OR ITS AFFILIATES.
13.2. PUBLICVIBE OR ITS BUSINESS ASSOCIATES, AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGE FOR ANY DATA PROVIDED BY THE USER OR ANY VIOLATION OF THIRD-PARTY RIGHTS OF WHATSOEVER NATURE, ARISING OUT OF OR IN ANY MANNER RELATED TO THE USE OR INABILITY TO USE THE PLATFORM.
14.1. The construction of these Terms shall be determined by laws and rules in force in India and shall be subject to the exclusive jurisdiction of the Courts in Bangalore and no other court.
14.2 All disputes arising under or about these Terms shall be referred to arbitration before a sole arbitrator. If the Parties fail to agree on the appointment of a sole arbitrator within the time stipulated under the [Indian] Arbitration and Conciliation Act, 1996 (the "Act") the Parties shall approach the competent Court under the Act for appointment of the Sole Arbitrator. The Arbitration proceedings shall be carried out by the Act and the Rules framed thereunder and the place of Arbitration shall be Bangalore. The arbitration proceedings shall be conducted in English. The arbitrator's award shall be final and undisputable by both Parties.
any provision in the Terms becomes invalid or illegal or adjudged unenforceable, the provision shall be deemed to have been severed from the Terms and the remaining provisions of the Terms shall not, so far as possible, be affected by the severance.
The failure of PublicVibe to enforce at any time any of the provisions of these Terms shall not be construed to be a waiver of its right, power, privilege or remedy or as a waiver of any preceding or succeeding breach on Your part to these Terms nor shall any single or partial exercise of any right power privilege or remedy preclude any other or further exercise of such or any other right power privilege or remedy provided in these Terms all of which are several and cumulative and are not exclusive of each other or any other rights or remedies otherwise available to PublicVibe at law or in equity.
The performance of any part of this User Agreement by PublicVibe and its affiliates shall be excused on account of Force Majeure events (including but not limited to act of God, public enemy, epidemics declared as pandemics, revolt, strikes, riot, terrorist attack, fire, flood, war, typhoon and any regulation of the government or order of any competent statutory or judicial authority or any government), or any other cause beyond the reasonable control of PublicVibe, or act of any third party beyond the control of PublicVibe including but not limited to hacking, data theft, unauthorized access to a User account, impersonation, fraud, misrepresentation and so on.
PublicVibe may update, modify, suspend, discontinue or change any part of these Terms from time to time. The revised Terms will be posted as notification here on this link here. Users are encouraged to periodically check this page to stay informed about changes to the Terms. The revised Terms will be effective from the date stated on the revised Terms. You acknowledge and agree that it is Your responsibility to review these Terms periodically and become aware of modifications. If You disagree with any of the changes to the Terms, please refrain from accessing or using the Platform. Your continued access or use or availing of the Platform following the posting of revised Terms will indicate Your acceptance and acknowledgement of the changes and You will be bound by it.
These Terms, and any modifications, alterations or amendments to, shall remain in full force and effect while You use the Platform and the provisions related to Intellectual Property, Confidential Information, Representations and Warranties, Liability, Indemnity, and all other provisions which by their nature survive the termination of this User Agreement shall continue to apply even after termination of this User Agreement.
Notice is specifically given that PublicVibe is not responsible for the Content or advertisements accessible through the App. PublicVibe reserves the right in its sole discretion to remove and/or disable access to Content claimed to infringe third-party rights and/or terminate the accounts of the Users of the Platform who may infringe upon intellectual property or other rights of PublicVibe and/or other third-parties.
PublicVibe has implemented the following mechanism for dealing with grievances:
a. Self report: You can also report content by using the report content feature within the app on any offending content.
b. In accordance with Information Technology Act 2000 and rules made there under, the contact detail of the Grievance Officer is provided below:
A compliant or other issue faced by a user of our product may be submitted through email at the below address. The complaint should provide: (i) username of the relevant account holder (ii) specific content/video that is of concern and (iii) reason(s) for such a takedown request.
The complaint must contain such information as is necessary in order for PublicVibe to dispose-off the complaint. All notices to PublicVibe hereunder shall be in writing and shall be duly given if delivered personally or sent by registered mail, return receipt requested, or facsimile to the above address or emailed.
I have read and understood the terms of this User Agreement and I hereby, out of my free will, unconditionally accept to be bound by the same.
21. Monthly disclosure of information by Publishers and Self-Regulatory Eterno shares monthly disclosure of information as required under the Information Technology (Intermediary Guidelines and Digital Media Ethics Codes) Rules, 2021. For these disclosures, please visit:
Disclosure of Grievance: Grievance data
In accordance with the Code of Ethics, Eterno demonstrates its commitment to comply with such extant rules and other Constitutionally mandated freedoms.