Terms of Use
Last updated on 16th June 2021
Hello and welcome to Our App, Storiyoh and/or Our Website, www.storiyoh.com (“Website”), collectively, “Platform(s)”.
These terms and conditions of use ( “Terms”) (including the Copyright Policy, Our Community Guidelines and our Standard End User License Terms (“Standard EULA”) at the end of the Terms) along with the Privacy Policy (collectively “Policies”) are applicable to the use of Our Platform(s) and of the content appearing on Our Platform(s) by all users of the Platform(s), including users who are just browsing, users who provide content on the Platform, customers who access/purchase content on the Platform and/or users who are in any manner connected with and/or contribute to the use of the Platform(s) and/or the Services provided through it (“Users” or “You” or “Your”). If you are a User who provides paid content on the Platform the terms and conditions relating to the content provided, its accessibility on the Platform, payment terms etc will, in addition to these Terms, be governed by Your agreement with Storiyoh.
1. Basic Information about Us and the Platform(s):
1.1 The domain name storiyoh.com is owned by Storiyoh DMCC, a limited liability company registered with Dubai Multi Commodities Centre Authority having its registered address at Unit No.157, DMCC Business Centre, Level No. PF, Gold Tower (AU), Dubai, United Arab Emirates (“Storiyoh” or “Us” or “We” or “Our”).
1.2 The Platform(s) is an internet-based portal, owned and operated by Storiyoh. It functions as an online intermediary, enabling its Users to view, browse, upload, post, display, access or download the Content (please see below how we have defined Content) on or through the Platform.
2. Pay attention you are entering a legal agreement with Storiyoh:
2.1 By Your use of this Platform and availing of the Services (as defined hereunder) provided on the Platform you, as the User of the Platform, are entering into a legal agreement with Storiyoh. If You do not agree to these Terms, please do not use Our Platform(s); however, You are encouraged to return, review and reconsider these Terms.
2.2 These Terms are an electronic record generated by a computer system and do not require any physical or digital signatures.
3. Changes to the Terms:
3.1. Storiyoh may on its own change, modify, add or remove portions of these Terms (“Changes”), at any time without any prior notice to You and any such Changes or new features or tools which are added to the Platform(s) shall be updated on our Platform with the date of latest revision. Please check the terms for Changes as Your use of the Platform(s) shall be in accordance with the most current version of the Terms. Your continued use of the Platform(s) following such Changes, will mean that You accept and agree to the Changes.
4. Who can use the Platform and Services?
4.1. Use of the Platform(s) is available only to persons who can form legally binding contracts under applicable laws. If you are a minor (person less than 18 years as on the date of the contract) it will be assumed that Your use or transaction is made through Your legal guardian or parents who have given their consent to allow You to use this Platform(s), at their risks and consequences. Storiyoh will not collect any personal data from minors. We encourage parents and legal guardians to monitor their minor dependents’s usage on the Platform and urge them in enforcing Our Privacy Policy by instructing their minor dependents not to provide any personal information on the Platforms.
4.2. If you are accepting these Terms and using the Platform on behalf of a company, organization, government, or other legal entity, you represent that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “User” “You” or “Your” as used in these Terms shall refer to such entity.
4.3. We reserve the right to terminate Your membership and/or refuse to provide You with access to the Platform(s) if it is brought to Our notice or if it is discovered or if We have reason to believe that You are incompetent to contract as per applicable laws.
5. Services we provide and how you can use them:
5.1. The Platform(s) is an online platform that supports and facilitates its Users to gain access to various types of Content including
• audio content,
• any User Generated Content,
• audio books, and
• podcast shows,
and so on, on various topics that suit the interests and needs of the Users.
5.2. The Platform also provide services that are complimentary to the accessing of the Content mentioned above, including features that enable You to
• discover podcast shows through search, curated podcast of the day, playlists, smart playlists, collections, podcast networks and by browsing through various categories of Content,
• discover people who have recently joined the Platform and with whom you may share interests,
• stream or download podcast episodes,
• create Your personal User Profile,
• create playlist, smart playlists and shared playlists that allow You to curate podcast show episodes that are of long-term interest to You and which You might like to share with other Users and allows You and other Users to communicate, follow and access each other’s playlists,
• access an activity feed that can be customized to show activities from your connections or from the entire Storiyoh network,
• create and share posts, be it your review and opinion on a piece of Content, a personal Content recommendation from you, Your thoughts about any topic of interest to You or even asking for Content recommendations from others on the platform,
• create hashtags (#) on the Platform as a curation and aggregation tool, which can be followed by other users on the Platform,
• listen to Content in a ‘discrete mode’ if You do not wish to share Your listening history with others on the Platform,
• like, subscribe to, comment on and share any audio and/or podcast Content,
• be notified when there is new Content available that might be of interest to You or when there are developments in Your network that might be of interest to You; and
• various other Services that are offered by Storiyoh for the promotion and effective use of such Content through the Platform(s) (all these services shall be collectively be termed “Services”).
5.3. “Content” includes any information, data, text, logos, photographs, video, audio, animations, written posts, text, articles, comments, software, scripts, graphics, themes and interactive features generated, underlying source code, provided or otherwise made accessible on or through the Platform(s) etc and shall include Storiyoh Content, Third Party Content and/or User Generated Content (all terms defined below).
5.4. You can access the Website and all of the Content without any registration as a guest user. However, to enjoy all the features we offer on the Platform we encourage You to register with Us and enjoy our Services from one single account on the Platform(s).. For registration on our Platforms, You may register as per the terms provided here.
5.5. On registration on the Platform(s), You can create a User Profile (“User Profile”) through which You can gain access to a wide range of Content including podcast shows and episodes.
5.6. You will be able to follow other User Profiles and their playlists and We may suggest such Content and/or users whose interests and likes are similar to Yours. However, We believe that over-personalization of Services and Content can be counter-productive to You enjoying the Platform to its fullest. We will therefore strive to avoid such situations by recommending Content and User Profiles that may be dissimilar to Your preferences.
5.7. Based on Your preferences, Your ‘Home’ section on the Platform(s) will allow You to remain up-to-date on Content as well as activities and updates from other Users. You will be able to customize your ‘Home’ feed by choosing to see updates either from Your direct connections on Storiyoh or from the entire Storiyoh network.
5.8. You will have the option to like, subscribe, comment or share any Content so available, by following the process laid down for it, as enabled under the relevant Platform(s). You may also be given a medium to converse with other Users to recommend and/or share Your opinions about a specific Content and/or to provide feedback.
5.9. If there is any error or omission of any information in the Content we publish and/or any in any of the Services, we shall strive to correct it. However, it may be noted that We do not control or endorse the Content, messages or information found in the Content on our Platforms, except those specifically created by Storiyoh. Please refer to our Copyright Policy for further information on reporting Content.
5.10. The Services are intended for non-commercial use by the User.
6. Some disclaimers on your use of Services and the Content:
6.1. Any use or reliance on any Content or materials posted via the Platform or obtained by You through the Platform is at your own risk. Please do note that we do not endorse, support or guarantee the completeness, accuracy, or reliability of any Content or communications posted via the Platform or endorse any opinions expressed via Storiyoh. You understand that by using the Platform, you may be exposed to Content that might be offensive, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated/created such Content. We may not monitor or control the Content posted on or made available through the Platform and we cannot take responsibility for such Content.
6.2. We reserve the right to remove Content that violates the Terms or any other connected policies including copyright or trademark violations, end-user license, impersonation, unlawful conduct, or harassment.
6.3. Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis.
6.4. You understand that Our Platform(s) may be interrupted, suspended, terminated or unavailable at times for any reason such as maintenance, server failure etc and we shall not be liable to You in any manner for any of this.
6.5. Storiyoh may at any time change or discontinue any aspect or feature of the Services or Platform(s), including any Content or Your access to such Content and we may change and/or discontinue Services altogether and/or the operation of such Services or any part thereof.
6.6. We reserve the right to limit the provision of Our Services to any person or geographic region. We may exercise this right on a case-by-case basis, as and when we feel appropriate.
7. Creating Your User Account:
7.1. You may access Our Website without registration as a guest user and access all the Content available that is freely available on the Platform. However, as we encourage you to register with Us for access to all the features available on the Platform(s). For instance, purchase of premium Content on the Platform from Our marketplace, is available only for registered Users.
7.2. You can apply for registration through Your e-mail id or through Your Facebook, Google or Twitter accounts.
7.3. On registration, Your account with Storiyoh shall be created and You will be required to choose a password and create Your own User Profile.
7.4. You will be responsible for maintaining the confidentiality of the account information and to prevent unauthorized access to Your account as You shall be fully responsible for all activities that occur through Your account. Please:
a) register in Your own name only and all account information provided by You should be accurate, complete and up-to-date;
b) do not pretend to be someone else or create multiple accounts or false accounts;
c) promptly update any of Your account information in case of any change in the same or if we require new account information;
d) do not transfer Your registration to another person; and
e) immediately notify Us of any use of Your account which You did not authorize.
7.5. You may be held liable for any loss incurred by Storiyoh or any other third party due to any authorized or unauthorized use of Your account and You shall be responsible to indemnify Us for the same.
7.6. If we do allow access to the Services for unregistered users, only a few functionalities of the Platform(s) and/or Services may be available for such use.
8. Termination/Suspension of User Account:
8.1. You may at any time deactivate your accounts and discontinue Your use of the Services.
8.2. We also have the right to terminate or suspend Your account and/or restrict or suspend Your access to the Services or any part thereof, at Our sole discretion, without giving any notice or reasons thereof. We may require You to change Your password if We reasonably believe that the Services have been or are likely to be misused, and We will notify You accordingly.
8.3. You agree that We may access, preserve, suspend or delete Your account, information and access to Platform(s) and/or Services and disclose relevant information, if required to do so by law or if We genuinely believe that such act is reasonably necessary.
8.4. We also have the right to immediately delete account(s) and/or initiate legal proceedings under applicable laws, against Users for fraudulent use of the Platform(s) and any other unlawful acts or omissions in breach of these Terms.
8.5. Even if we suspend or terminate Your account with Us, You will still be liable to Us, for any act of yours before such suspension or termination.
9. If you avail Paid Services
9.1. As of now, creation of account and User Profile on our Platform(s) is free of cost and You will have access to a large collection of Content available on the Platform. Free of cost. You can also access on the Marketplace in our Platform, certain premium Content (and such other premium services offered from time to time) upon payment of the requisite fees for the same as published on the Platform. If You are a User based out of an eligible location, you can access the Storiyoh Marketplace and purchase such premium services/premium Content (“Premium Services”) on an a la carte basis. If you elect to use such paid aspects of the Service, the pricing, payment and billing policies posted on the Platform shall be applicable.
9.2. Storiyoh may add new services for additional fees and charges, or amend fees and charges for existing Services, at any time.
9.3. You will be able to make payments for the Premium Services (through Your app store.
9.4. The amount paid for any Premium Services is non-refundable.
9.5. All charges for Premium Services are subject to change without prior notice and do not include applicable taxes or duties, which will be charged additionally.
9.6. You will be solely responsible for the security and confidentiality of Your payment methods.
10. Intellectual Property Rights or IPR:
10.1. “IPR” as used in these Terms, shall mean intellectual property rights whether registered or unregistered including all
• copyrights which shall include the exclusive right to make and distribute copies of, display and perform the copyrighted work and to prepare works derived from the original copyrighted work), software and source codes
• trademark rights,
• patent rights,
• trade names or business names,
• design rights,
• mask-work rights, trade secrets, moral rights,
• author’s rights,
• rights in packaging,
• goodwill and
• other intellectual property rights, and all renewals and extension thereof and all rights or forms of protection of a similar nature or having an equivalent or similar effect to any of the above, which may subsist anywhere in the world, regardless of whether any of such rights arise under the laws of Dubai or any other state, country or jurisdiction.
10.2. The Content made available on the Platform(s) shall include the Content from either of the following three categories:
a. Links and Content from third-party audio and/or podcast feeds, sites, publishers, networks and producers, and downloads, online audio and/or podcast feeds from third-party servers, brought on the Platform(s) by Storiyoh’s efforts (“Third Party Content”).
b. Any Content generated by the Users and aggregated on the Platform(s) including but not limited to audio Content uploaded onto the Platform by the User, if such feature has been enabled by Storiyoh, messages and/or opinions and/or feedbacks, reviews, comments, questions, highlights, and other information including Users’ names, voices and likenesses or podcasts generated solely by User and made available via RSS (“User Generated Content”).
c. Content made available by Storiyoh on its Platform(s), and owned by Storiyoh including the Platform(s) (“Storiyoh Content”)
10.3. We reserve all rights in the Platform(s)’ look and feel. Some parts of the Platform(s) are licensed under third-party open source licenses. We also make some of Our own code available under open source licenses, and You shall not copy or adapt Our code or visual design elements (including logos) without express written permission from Storiyoh.
10.4. For Storiyoh Content, You may not do the following, without written permission from Storiyoh:
a. access or tamper with non-public areas of the Services, Our computer systems, or the systems of Our technical providers;
b. access or search the Services by any means other than the currently available, published interfaces (e.g., APIs) that We provide;
c. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
d. interfere with, or disrupt, the access of any User, host, or network, including sending a virus, overloading, flooding, spamming, mail-bombing the Services and/or Platform(s), or by scripting the creation of Content or accounts in such a manner as to interfere with or create an undue burden on the Services and/or Platform(s);
e. reproduce in whole or in part any portion of the Services and/or Platform(s)
10.5. We own and have the right to use all IPR to and into the trademark "STORIYOH", and the Platform(s) and its Services.
10.6. We play a passive role in providing You with Platform(s) where You may access and transmit Content. We do not warrant, or endorse and We will not have any liability or responsibility for Third Party Content and/or User Generated Content including for infringement of IPR in such Content. You agree that You will not use any Content, in a manner that would infringe or violate Our IPR or the IPR of any other party and that We are not in any way responsible for any such use by You.
10.7. Storiyoh respects an owner’s rights to his/her Third Party Content or User Generated Content and has a zero tolerance policy towards the committing or omitting of any act that results in, threatens to result in the infringement of any such rights. Accordingly, We reserve the right to review and remove or disable access to any Third Party Content and/or User Generated Content for any reason including infringement. Kindly refer to our Take-Down Policy which is set out in our Community Guidelines in this regard (provide link here).
10.8. Third Party Content is brought to you by Storiyoh and available on the Platform for purchase/free download from our Marketplace or free of cost via RSS feed. The ownership in all Third Party Content that are accessible via the Platform, belongs to such Third Party (or their licensors, assignors as the case may be) and their availability on the Platform does not in any manner affect the rights of the concerned third parties to the Third Party Content including but not limited to copyrights, trademarks, patents, trade dress, trade secret, common law rights, contractual rights, rights of publicity, or privacy, or moral rights in such Third Party Content; right to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, restrict accessibility to, adapt, edit or create derivative works from such Third Party Content. Such Third Party Content is available on an as-is, where-is basis and Storiyoh has neither created or modified such Third Party Content nor does Storiyoh claim any intellectual property right, ownership or any other rights to the Third Party Content, other than a limited license to provide an access to such Third Party Content on the Platform and shall not be held liable or responsible if any Third Party Content is outdated, incomplete, factually incorrect, illegal, obscene, threatening, defamatory, invasive of privacy, or infringes any intellectual property, proprietary, or other rights of any person or entity (including contractual rights, copyrights, trademarks, patents, trade dress, trade secret, common law rights, rights of publicity, or privacy, or moral rights) or is otherwise injurious to third parties or objectionable in any manner. Third Party Content which is accessible via the Platform is subject to the Standard EULA and You are bound to comply with the same. If You as a third party whose Third Party Content is accessible on the Platform, believes that your rights to such Third Party Content have been infringed, kindly refer to the procedure for making complaints for such infringement under the heading How to Report Infringement under our Copyright Policy (provide link here).
10.9. Any reproduction or editing by any means of any Content on the Platform(s) shall be possible only if You have complied with the process for such reproduction or editing, as laid down by the owners of such Content.
10.10. Except as provided, nothing in these Terms shall imply creation of a license in or to IPR of Storiyoh, and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or Content accessible through the Platform. Your access/download of any Content on the Platform shall be subject to our Standard EULA.
10.11. You may choose to or We may invite You to submit comments or ideas about the Service, including how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is unsolicited and will not place Storiyoh under any obligation to you by our receipt of the Idea. You also agree that we are free to use the Idea without any additional compensation to you, and that we are free to disclose the Idea to anyone, whether confidentially or otherwise.
11. Linked Sites you may access from the Platform(s):
11.1. The Platform(s) and/or e-mails You may receive from Us, may contain links to other websites and the Platform(s) may make available general third-party information such as advertisements, including videos and other data from external sources (“Linked Sites”).
11.2. We are providing access to the Linked Sites only as a part of Our Services, and they are not under Storiyoh’s control, nor do we have any responsibility for the Content of any Linked Site or for any form of transmission, whatsoever, received by You from any Linked Site.
11.3. Please verify the accuracy of all information on Your own before relying on information available on the Linked Sites. We do not endorse, have any association with the owners of or provide any guarantee with respect to any of the Linked Sites and shall not be held liable for any loss suffered by You based on Your reliance on data made available on the Linked Sites.
11.4. Your correspondence or business dealings with, or participation in promotions or advertisements on such Linked Sites found on or through Platform(s), including payment and delivery of goods or services shall be solely between You and such advertiser and/or promoter of the Linked Sites. We will not be responsible or liable for any error or omission, inaccuracy or damage of any sort incurred as a result of any such dealings or as a result of the presence of such Linked Sites on the Platform(s).
12. Representations and Warranties:
12.1. You hereby represent and warrant to Storiyoh as follows:
i. All User Generated Content authored, submitted or posted by You and/or distributed and made available on the Platform(s) via RSS shall be original Content, developed solely by You after doing the necessary research and checking of facts and does not infringe the rights of any third party, including any IPR, rights of publicity, rights of privacy, rights to payment of royalties and residuals; or result in any tort, injury, damage or harm to any third party. If the User Generated Content is not Your original work, You have obtained all rights, licenses, consents and permissions necessary in order to use such User Generated Content, and (if and where relevant) to authorize Storiyoh to use, Your User Generated Content pursuant to these Terms.
ii. Except for certain inherent rights to the User Generated Content that you retain under applicable law, by submitting or posting User Generated Content and/or distributing and making it available via RSS You represent and warrant that:
• You have all rights necessary to and do grant, to Storiyoh and its affiliates and have obtained all necessary clearances and releases to grant to Storiyoh the license to use existing and future IPR in Your User Generated Content (excluding public performance rights for the communication to the public of musical or other compositions for which performer’s rights as set out in the Copyright Act, 1957 exist) anywhere in the world and forever without any limitation. Such right cannot be revoked, is without any limitation and without any payment and/or consideration due from Storiyoh and shall be exclusive to Storiyoh, transferable and sub-licensable. However, please note that we will provide access to Your User Generated Content to other Users primarily to help other Users to discover and evaluate Content on the Platform and that Storiyoh does not intend to sell Your User Generated Content in any manner.,
• You have the right and do grant Storiyoh the right to use, reproduce, publish, list information regarding, distribute, syndicate, publicly perform and publicly display of all such Your User Generated Content and Your name, voice, and/or any other materials and information, as contained in Your User Generated Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Platform(s) and Our business, including without limitation for promoting and redistributing part or all of Your User Generated Content in any media formats, whether now known or hereafter developed, and through any media channels or search engines for any purpose. Storiyoh however wishes to inform you that our intention is to use Your User Generated Content primarily to publish, distribute, display and give access to these on the Platform to improve Content discovery and to build a community feel on the Platform.
• By posting Your User Generated Content on the Platform(s), You are also granting each User of the Platform(s) a non-exclusive license to access the same, and to use, reproduce, distribute and display such Your User Generated Content as permitted through the Platform(s) and under these Terms, without any payment or credit to You.
iii. We may add or insert affiliate and partner code into Your User Generated Content or modify or adapt Your User Generated Content in order to display or distribute it over computer networks and in various media and/or make changes to Your User Generated Content as are necessary to conform and adapt Your User Generated Content to any requirements or limitations of any networks, devices, services or third-party services.
iv. You agree not to post User Generated Content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of IPR (including publicity rights), or otherwise injurious to third parties or objectionable, and not to post Content consisting of or containing software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You further undertake and confirm that the User Generated Content uploaded by you will be up-do-date where relevant, complete and factually correct to the extent possible and that the same will not violate any law; that such User Generated Content will not require Storiyoh to obtain any license, authorization, or other permission from any governmental agency or other third party for displaying and providing access to such User Generated Content on the Platform; and will not contain any defamatory material; or violate or infringe any intellectual property, proprietary, or other rights of any person or entity (including contractual rights, copyrights, trademarks, patents, trade dress, trade secret, common law rights, rights of publicity, or privacy, or moral rights).
v. You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of Content.
vi. You give up any right to inspect or approve any final version of the User Generated Content so modified by Us.
vii. All User Generated Content generated by You shall comply with our Terms (including the Copyright Policy and Our Community Guidelines) and Privacy Policy. On complaint by other users or persons or if We believe that any of Your User Generated Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation, We may remove such User Generated Content and pursue other remedies available to us.
13. Your Obligations as a User:
13.1. You agree to use the Services, Platform(s) and the materials provided herein only for purposes that are permitted by: (a) Our Policies; and (b) any applicable law, regulation or generally accepted practices or guidelines in Dubai and any other jurisdiction applicable to You.
13.2. You agree to adhere to all limitations on dissemination, use and reproduction of any materials that You access on the Platform(s). We grant You a limited license to access and make use of Our Platform(s). However, the following usages are not permitted:
i. modifying Content or any portion of it, on Our Platform(s), except with Our express written consent;
ii. any resale or commercial use of any Content, except as agreed between Storiyoh and You;
iii. any derivative use of Platform(s) or its Content; or
iv. any downloading or copying of account information or personal information.
13.3. You agree not to access (or attempt to access) the Platform(s) and the materials or Services by any means other than through the interface that is provided by Us. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform(s), or in any way reproduce or circumvent the navigational structure or presentation of the Platform(s), materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform(s).
13.4. You understand that by using the Platform(s), You may encounter material that You may think are offensive, indecent, or objectionable, and that such Content may or may not be identified as having explicit material. We shall have no liability to You for such material. Further, You may report such offensive Content and if We believe it to be necessary we may remove any Content.
13.5. You must not in general do the following acts (non-exhaustive list):
a. Disrupt or interfere with the security or proper working of the Platform or attempt to gain unauthorized access to any portion or feature of the Platform(s), any other systems or networks connected to the Platform(s), to any Storiyoh server, or to any of the Services offered on or through the Platform(s) by hacking, password mining or any other illegitimate means;
b. You may not reverse look-up, trace or seek to trace any information on any other user of Our Platform(s) including any account not owned by You, to its source, or exploit the Platform(s) or Service or information made available or offered by or through the Platform(s), in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Platform(s);
c. Create user accounts by automated means or under false pretenses or mislead others as to the origins of Your communications
d. Trick, defraud or mislead Storiyoh or other users, especially in any attempt to learn sensitive account information such as passwords;
e. Make improper use of Storiyoh’s support services or submit false reports of abuse or misconduct;
f. Create or transmit unwanted electronic communications such as “spam,” to other users or members of the Platform(s) or otherwise interfere with other users’ or members’ enjoyment of the Services;
g. Engage in promoting any pyramid schemes or other multi-tiered marketing schemes or engage in promoting any websites or services that are deemed spam, malware, or contain objectionable material in Storiyoh’s sole discretion;
h. Send viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms (“PCMs”), or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies or other similar devices;
i. Copy or adapt the Platform(s) software including but not limited to Flash, PHP, HTML, JavaScript or other code;
14. Liability for Content:
14.1. You acknowledge and agree that We: (i) store Content and other information at the direction, request and with Your authorization through these Terms; (ii) act as a passive conduit for the distribution of Content; and (iii) play no active role and give no assistance in the presentation or use of the Third Party Content and/or User Generated Content.
14.2. You are solely responsible for all of Your User Generated Content that You upload, post or distribute to, on or through the Platform(s), and to the extent permissible by law, We exclude all liability with respect to all Content (including Your User Generated Content) and the activities of Our users with respect thereto.
14.3. Storiyoh does not claim any intellectual property right or any other rights to the Third Party Content and/or User Generated Content accessible via the Platform other than the limited license to provide access to such Content on the Platform. Storiyoh shall not be held liable or responsible if any Third Party Content or User Generated Content is outdated, incomplete, factually incorrect, illegal, obscene, threatening, defamatory, invasive of privacy, or infringes any intellectual property, proprietary, or other rights of any person or entity (including contractual rights, copyrights, trademarks, patents, trade dress, trade secret, common law rights, rights of publicity, or privacy, or moral rights) or is otherwise injurious to third parties or objectionable in any manner.
15. Licensing of Platform(s):
15.1 All right, title, and interest in and to the Platform(s), its Content, (excluding Third Party Content and User Generated Content) shall remain the exclusive property of Storiyoh. Nothing in these Terms gives You a right to use any of Our IPR.
15.2 Subject to Your strict compliance and acceptance of these Terms at any and all times during Your use of the Platform(s), We grant You a limited, non-exclusive, revocable, non-assignable and non-transferable right and license to:
i. use the Platform(s) for Your non-commercial use only in order to listen to the Content uploaded and posted directly to Storiyoh, and/or distributed and made available on Storiyoh via RSS, to listen to audio Content streamed from the Platform(s) or offline and to share and download audio Content using the features of the Platform(s) where the appropriate functionality has been enabled.
ii. participate in the community areas and communicate with other users of Storiyoh community strictly in accordance with these Terms (including specifically the Community Guidelines; and
iii. use other Services provided as part of the Platform(s) strictly as permitted in accordance with these Terms and any other terms applicable to those Services from time to time.
15.3 The licenses granted by Storiyoh shall terminate if you do not comply with these Terms.
16. Yet some more disclaimers of Warranties and Liabilities:
16.1. It is Our goal to offer reliable quality of Services. However, We offer no guarantees or warranties and to the extent permitted by law, we disclaim all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
16.2. No warranties are made that the Platform(s) will be available on a consistent basis, that defects in the Platform(s) will be corrected in a timely manner or that the Platform(s) will be free of viruses or other harmful materials.
16.3. We are not liable to You or any third party (for any monetary or other damage suffered by You or such third party) owing to any omissions, errors, inaccuracies, delays, failures, interruptions, viruses, defects, deletions, failure in networks or communications lines, destruction, theft or unauthorized access to Your network, system or computer.
16.4. We make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any Content, information, software, text, graphics, links or communications provided on or through the use of the Platform(s).
16.5. You shall accept sole responsibility for, and We shall not be liable for, any use of the Services by You or any other third-party and You shall hold Us harmless and fully indemnified against any claims, costs, damages, loss and liabilities arising out of such use.
16.6. We do not warrant that the Services or any part thereof will meet Your requirements or that the Services or any part thereof will be available at any particular time or location, uninterrupted or secure.
16.7. Except, as set forth in Our Privacy Policy, We are not liable for the privacy of any information made available on Our Platform(s) or otherwise connected with Your use of the Service.
16.8. We also disclaim any liability whatsoever for any claims, demands or damages, direct or indirect, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Services, including payment for Services provided by a third party even if such Services are the result of You meeting any third-party through the Platform(s). We are not responsible for any damages, injury or economic loss arising from the use of Services provided by Us.
16.9. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive, special, incidental, consequential or exemplary damages, damages for loss of profits, revenue, information, goodwill, use, data or other intangible losses, whether in tort or contract or under any applicable law even if advised of the possibility of such damages and shall apply to the maximum extent permitted by applicable law.
17. Compliance with Laws:
17.1. Only You and You alone shall be responsible for compliance of all laws applicable in Dubai or anywhere else in the world for:
a. Use of the Platform(s);
b. Use of Services available on the Platform(s);
c. Posting and/or uploading any Content on the Platform(s) and/or distributing and making Content available on the Platform(s) via RSS.
18. Indemnification – You need to make good losses suffered by Storiyoh owing to Your actions:
18.1. To the extent permitted by applicable laws You agree to defend, not raise any legal disputes against and to cover Storiyoh (and Our holding, subsidiary, affiliates, officers, directors, employees and agents) from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or may be payable by virtue of or arising from any suit, action or proceeding, including any complaint or loss or damage or claim for compensation by any third party due to:
(i) any error or omission in performance or for any non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms,
(ii) Your use of and access to the Service;
(iii) Your violation of any provision of these Terms;
(iv) Your violation of any third party right, including any copyright, property, or privacy right or other IPR etc (including the terms of the Standard EULA); or
(v) any claim that the User Generated Content posted by You caused damage to a third party or any claims arising out of or in connection with the Content transmitted or received by you; or
(vi) arising out of non-compliance with any applicable law and rules or regulations by You.
19. Governing Law and Dispute Resolution:
19.1. We will try to solve any disagreements quickly and efficiently. If You are not happy with the way We deal with any disagreement, You may wish to take recourse to legal proceedings. Our rights and obligations pursuant to these Terms are governed by, and shall be construed in accordance with, the laws of United Arab Emirates and the place of jurisdiction shall be exclusively in Dubai, UAE.
19.2. You give up Your right to institute legal proceedings in any other jurisdiction. However, Storiyoh will be entitled to institute legal proceedings in connection with any matter arising under these Terms in any jurisdiction where You reside, do business or have assets.
20. Miscellaneous:
20.1. We shall not be deemed to have given up any right available to Us under these Terms (even if we have failed or delayed exercising our right) unless we have done so in writing.
20.2. If any provision of these Terms is invalid or unenforceable in whole or in part the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
20.3. Our Policies constitute the entire agreement between You and Us and govern Your use of the Platform(s) and any Services offered on the Platform(s).
20.4. No partnership or agency is created owing to these Terms between You and Storiyoh and You shall have no authority to bind Storiyoh in any manner.
20.5. Any notice issued under these Terms shall be presumed to have been delivered, if 12 hours have passed after an e-mail with the notice sent to the e-mail address of the concerned party, unless the sending party is notified that the e-mail address is invalid. Notices may also be given by certified mail, postage prepaid to the last known address of the receiving party which was available with the other party, which shall be effective once it is sent.
21. Report Abuse:
21.1. If You come across any abuse or violation of these Terms (including Community Guidelines, Copyright Policy, Standard EULA) or any other policies such as the Privacy Policy by any User, please report to legal@storiyoh.com.
21.2. We shall process all claims of abuse which may result in removing the reported User and/or his User Generated Content from Our Platform(s) and/or suspension or termination of the account of the User.
21.3. If the aggrieved User feels that he has been wrongfully accused, he is encouraged to reach out to us.
22. Feedback:
22.1. We may, from time to time, invite or provide You with means to provide feedback regarding the Platform(s), and in such circumstances, any feedback You provide will be deemed non-confidential and We shall have the right, but not the obligation, to use such feedback on an unrestricted basis.
23. Contact us:
23.1. We encourage You to contact Us in case You have any queries regarding these Terms or otherwise at legal@storiyoh.com.
23.2. Further, if You would like to report the demise of a Storiyoh user, please contact us at legal@storiyoh.com.
24. Grievance officer:
24.1. In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name: Rahul Radhakrishnan Nair
E-mail id: legal@storiyoh.com
COPYRIGHT POLICY
Last updated on 16th June 2021
1. Definition Applicable to Copyright Policy:
1.1 “IP” shall mean all copyrights (including without limitation the exclusive right to reproduce, distribute copies of, display and perform the copyrighted work and to prepare derivative works), copyright registrations and applications, trademark rights (including, without limitation, registrations and applications), patent rights (whether registered or unregistered), trade names or business names, registered and unregistered design rights, mask-work rights, trade secrets, moral rights, author’s rights, rights in packaging, goodwill and other intellectual property rights, and all renewals and extension thereof and all rights or forms of protection of a similar nature or having an equivalent or similar effect to any of the above, which may subsist anywhere in the world, regardless of whether any of such rights arise under the laws of Dubai or any other state, country or jurisdiction.
1.2 Capitalized terms not defined in this Copyright Policy shall have the same meaning provided to them in the Terms of Use.
2. The need for Copyright Policy:
2.1 We respect Your IP rights and urge You to do the same. We have therefore provided this Copyright Policy (“Policy”).
2.2 We are committed to removing infringing services and Content from Our Platform(s). To facilitate this, We have put in place an infringement verification process, as laid down in this Policy (“Infringement Verification Process” or “Process”) so that IP rights owners could easily report Content on Our Platform(s) that infringe their rights.
2.3 If We receive proper notification of IP infringement, along with supporting documents, Our response to such notices will include removing or disabling access to material and/or Content claimed to be the subject of infringing activity.
3. Prospective Amendments:
3.1 We reserve the right, at Our sole discretion, to change, modify, add or remove portions of this Policy (“Changes”). You are requested to check this Policy periodically for Changes as Your use of the Platform(s) is subject to the most current version of this Policy. Please check this Policy for Changes as Your use of the Platform(s) shall be in accordance with the most current version of the Terms. Your continued use of the Platform(s) following such Changes, will mean that You accept and agree to the Changes.
4. How to report infringement:
4.1 If You, in good faith, believe that Your IP rights have been infringed by any of the Content on Our Platform(s), You may follow the process given under this Policy.
4.2 The IP owner or the authorized agent of such IP owner shall provide the following minimum information and/or detail to Us at legal@storiyoh.com. A sample of such e-mail is enclosed as Annexure 1:
a) Identification or description of the IP protected Content that has been infringed.
b) Clear identification or description of where the Content that is claimed to be infringing is located on the Platform(s) with adequate particulars podcast id/links of infringing Content.
(Note: We shall be unable to process requests which do not specify exact podcast links or URLs. Please do not provide links to browser pages or links of search queries as these pages are dynamic and their Content change with time).
c) Your identification details.
d) If You are not the IP owner, then details of the owner of the IP rights and necessary supporting documents to show that You are authorized to act on the IP owner's behalf.
e) Proof of ownership of IP by the IP owner.
f) A statement by You/Your authorized agent that You believe that the use of the Content complained of on the Platform(s), is not authorized to be on the Platform(s) as per applicable law.
4.3 Please think twice before submitting an infringement claim especially if you are unsure whether you are the actual rights holder or authorized to act on a rights holder’s behalf. There are legal and financial consequences for fraudulent and/or bad faith submissions. Please be sure that you are the actual rights holder, or that you have a good faith belief that the material was removed in error, and that you understand the repercussions of submitting a false claim.
5. The Infringement Verification Process:
5.1 We have in place the Infringement Verification Process so that IP owners can easily report Content that they believe, infringes their rights. It is in Our interest to ensure that infringing Content are removed from our Platform(s), as they erode the trust You place in Us.
5.2 Before reporting a complaint to Us, please consider whether or not the use could be considered fair use. If You have considered fair use, and You still wish to continue with reporting the infringing Content You may want to first reach out to the user in question, if the user is identifiable, to see if You can resolve the matter directly with the user without having to contact Us. Prior to submitting a formal complaint with Us, please be aware that You may be liable for any damages, including costs and attorneys’ fees incurred by Us or our users, if You knowingly materially misrepresent that material or activity is infringing. If You are unsure whether the material You are reporting is in fact infringing, You may wish to take legal advice before filing a notification with Us.
5.3 You can make use of Our Process:
i. If You are an IP owner (or such owner’s authorized agent) and want to report the issue of an infringing Content;
ii. If Your User Generated Content was removed through the Process, and You believe that Your User Generated Content was removed in error. While, we will endeavor to communicate why the User Generated Content was removed, you understand however, that it is Our sole discretion to decide whether We consider a specific User Generated Content appropriate to appear on our Platform and/or whether to remove the same from our Platform;
iii. If You are a vigilant user and wish to report an infringing Content. However, please follow the steps listed in para 5.2 above, before you report a complaint to Us.
5.4 This Process works to ensure that Content on the Platform(s) do not infringe upon the copyright, trademark or other IP rights of third parties. We encourage Our users to be participants in this Process.
6. Procedure after submission of infringement claim:
6.1 On receiving any infringement claim through Our Process, We shall process the claim and notify the user who has uploaded such infringing Content (“Infringing User”) (if identifiable by Us through reasonable efforts) and such Infringing User shall be sent an intimation detailing such infringement claim which includes forwarding a full copy of your notice (including your name, address, phone and email address) to the user(s) who posted the allegedly infringing material in question. If you are concerned about your contact information being forwarded, You may wish to use an authorized agent (who shall submit necessary supporting documents to show that he/she has been duly authorized) to report for You.
6.2 The Infringing User may on receipt of such intimation, on his own, remove the infringing Content from the Platform(s), if the option to do so is enabled on the Platform(s) or contact Us for such removal.
6.3 The Infringing User may connect with Us to give him the details of the IP owner so that the Infringing User may directly connect with such IP owner.
6.4 On non-response from the Infringing User and/or if We are unable to reach the Infringing User, We may implement either one or a combination of the precautions (“Precautions”):
(a) remove the Content believed to be infringed from the Platform(s) permanently;
(b) Suspend the account of the Infringing User;
(c) Terminate the account of the Infringing User;
(d) Report the infringement to appropriate authorities.
6.5 If the Infringing User is not in agreement with such Precautions implemented against him, he can contact Us, and We shall try to resolve the matter.
7. If You receive Copy of An Infringement claim
7.1 If You receive a copy of the infringement claim received by Us, please read through the allegation completely which includes information on the complaint We received.
7.2 If You in good faith believe that the claim against You is incorrect, mis-identified or baseless, You may reply to Us with Your submissions. We will accordingly verify and take a decision.
7.3 You may please note that deleting the material reported in an infringement claim will not necessarily resolve that complaint.
8. Warranties:
8.1. We do not control or endorse the Content, messages or information found in Your Content and, therefore, We specifically disclaim any responsibility with regard thereto.
8.2. The ideas, feedbacks and other material(s) and Content uploaded on the Platform(s) by Our users are theirs alone. We do not endorse their views and provide no warranties with respect to its accuracy or correctness. We shall not be held liable for the Content of such ideas, feedback and other material(s) contained in the Content uploaded and/or distributed on Our Platform(s).
9. Legal Advice:
8.1 We do not and cannot verify if anybody has the right to upload and/or distribute the Content and neither can We verify the Content uploaded and/or distributed by You.
8.2 We cannot provide legal advice on what You should upload on the Platform(s) and/or distribute through the Platform(s). However, if You have questions or concerns regarding Your IP rights, You may wish to seek legal advice from a specialist. If You are unsure about the Content You wish to upload and/or distribute, We advise You refrain from uploading and/or distributing it.
8.3 Uploading and/or distributing Content that infringes a third party’s IP rights, without permission is a violation of the law and If You have already uploaded and/or distributed such Content, You should remove it, if the option to do so is enabled on the Platform(s) or contact Us for such removal.
10. Indemnity:
10.1. You agree that You are solely responsible to Us and to any third party for any breach of Your obligations under the Terms of Use and this Policy and for the consequences of any such breach.
10.2. You shall always indemnify and keep Us indemnified in case of any claims including but not limited to third party claims, claims related to infringement and breach of any of Our policies or Terms of Use or with respect to the ideas, feedback, Content and other material(s) uploaded on and/or distributed by You through Our Platform(s).
11. Contact Us:
We encourage You to contact Us in case You have any queries regarding this Policy and/or You wish to report an infringement, or otherwise at legal@storiyoh.com.
Annexure 1
Notice of Infringement
To,
Storiyoh DMCC
I, [NAME], resident of [ADDRESS] do solemnly and sincerely declare as follows:
1. I am the owner of certain intellectual property rights ("IP Owner"),
OR:
I am, an authorized representative of [NAME OF THE IP OWNER], the IP Owner,
and I believe in good faith that the Content or materials identified in Schedule 1enclosed hereto are not authorized by me/the IP Owner or the law and therefore infringe my/the IP Owner's rights.
Please expeditiously remove or disable access to the material or Content claimed to be infringing IP Owner’s rights.
2. I may be contacted at:
Name: [•]
Title & Company: [•]
Address: [•]
Email (correspondence): [•]
Telephone/Fax: [•]
3. The details and proof provided by me with respect to the ownership of IP in Schedule 2 is true and accurate and is competent to be admissible as evidence in any court of law.
4. I make this declaration conscientiously believing it to be true and correct.
Declared by [•]
on [date] at [place]
Truthfully,
Signature
Schedule 1 to Notice of Infringement:
a) List of allegedly infringing Content(s), or materials;
b) Its location on the Platform(s);
c) Details of the person who has uploaded such infringing Content(s) (if identifiable);
d) Select the most appropriate reason (non-exhaustive list specifying examples of infringement).
Trademark-infringement
• Trademark-description infringement
• Content (s) has unlawful comparison to trademark owner's brand or product
• Content (s) contains unlawful use of trademark owner's logo
Copyright-item infringement
• Software is being offered without any license or in violation of a license
• Content (s) is a bootleg recording
• Content (s) is an unlawful copy
• Content (s) is unlawful duplication of material
• Content (s) is an unlawful copy of other copyrighted work
Copyright-listing Content infringement
• Content (s) comprises unauthorized copy of copyrighted text
• Content (s) comprises unauthorized copy of copyrighted image
• Content (s) comprises unauthorized copy of copyrighted image and text
Schedule 2 to Notice of Infringement:
Please provide the proof of ownership of IP as We cannot process unsupported claims.
COMMUNITY GUIDELINES
Last updated on 16th June 2021
1. The need for Community Guidelines:
1.1 These Community Guidelines (“Guidelines”) include important information about Our expectations from You while using Our Platform(s) and are meant to guide You about the type of Content and/or User Generated Content, which You upload on Our Platform(s) and/or distribute through Our Platform(s).
1.2 We are a social platform and Our core purpose is to expand Your capabilities and freedom, as We endeavor to create a community where everyone is able to discover what they love and share it with others, which means showing Your ideas that are relevant, interesting and personal to You, and to the extent possible, making sure You do not see anything that is inappropriate or spam.
1.3 To achieve this goal, We request You to participate on the Platform(s) in a way that promotes a friendly and positive experience for Our community at Storiyoh.
1.4 Capitalized terms not defined in these Guidelines shall have the same meaning provided to them in the Terms of Use
2. Prospective Amendments:
2.1 We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Guidelines (“Changes”) without any prior notice to You. You are requested to check these Terms periodically for Changes as the most current version of the Terms shall govern Your use of the Platform(s). Your continued use of the Platform(s) following such Changes, shall mean that You accept and agree to the Changes.
3. General Safeguards:
3.1 We are an open, social platform, made up of a vibrant group of people with differing views, opinions, and cultural backgrounds. We support freedom of speech and the fundamental right for individuals to express themselves, and expect everyone else to do the same.
3.2 We recognize that criticism can be a valuable tool for helping each other improve. However, it is important to remember that behind each episode of Content is a person. Criticism should always focus on the Content, and not on the individual who created it. You may share Your opinion with others, but in a constructive way.
3.3 Before uploading and/or distributing any Content, always ask yourself whether You would appreciate receiving the same from others. If not, do not upload and/or distribute it.
3.4 You are welcome to share Your opinions and beliefs with the rest of the Storiyoh community, even if they might be controversial, or challenge the status-quo unless it causes any harm to a party.
3.5 Uploading and/or distributing Content for the sole purpose of trolling or disrupting the community is not permitted.
3.6 You may question the beliefs and opinions of others as long as it is relevant and done in a respectful and non-threatening manner.
3.7 To make sure We collectively work towards building the highest-quality Content that is useful to everyone, it would do good if You are mindful of the length and/or size of Your comments for the sake of brevity and clarity.
3.8 Any Content You provide or distribute on Our Platform(s) shall be deemed to be non-confidential and We shall be free to use such information on unrestricted basis and as and when deemed appropriate by Us.
4. Community Guidelines:
These Guidelines are elaborated as follows (non-exhaustive):
4.1 In addition to the user obligations and other obligations laid under the Terms of Use, You shall ensure that the Content You upload on and/or distribute through Our Platform(s) should not, at any time:
a) Defame, abuse, harass, threaten or otherwise violate the legal rights of any third-parties;
b) Be inappropriate, profane, abusive, libelous defamatory, vulgar, infringing, obscene, indecent, harassing, threatening, or inflammatory or otherwise objectionable or contains any such objectionable language or encourages such use or those which invades privacy of others;
c) Contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform(s) or cause any harm;
d) Create or transmit unwanted electronic communications such as “spam,” to other users or members of the Platform(s) or otherwise interfere with other users’ or members’ enjoyment of the Platform(s).
e) Is capable of conducting surveys, contests, pyramid schemes or chain letters, without Our consent;
f) Falsifies or deletes any author attributions, legal or other proper disclosures or proprietary designations or labels of the origin or source of Content that is already uploaded;
g) Violates the Terms of Use including but not limited to any applicable Privacy Policy of the Platform(s).
h) Contain threats of violence or wish for the serious physical harm, death, or disease of an individual or group of people, encourage suicide or self-harm or sexual exploitation.
i) Includes any offensive comments that are connected to race, cultural ethnicity, religious beliefs, national origin, age, sexual orientation, gender identity, disability or physical handicap or defames, ridicules, mocks, disparages, threatens, harasses, intimidates or abuses anyone;
j) Promotes violence or describes how to perform a violent act or promotes terrorism.
k) Contains targeted insults and/or coordinated efforts against any particular user or group(s) of users and mocking their opinions and/or indulges or promotes name-calling or attack people based on whether You agree with them or indicates a personal vendetta against user or group(s) of users.
l) Is grossly offensive to the community, including blatant expressions for bigotry, prejudice and hatred.
m) Exploits or promotes the exploitation of any person or entity and specially minors.
n) Results in reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Platform(s), solution or technology or sequence of individual passwords of subscriber sites (or pages contained therein).
o) Is uploaded or distributed in anticipation of and/or as a result of accepting or soliciting a kickback, monetary or otherwise.
4.2 Original Content:
a) You should upload Content that is Your original work or such Content that You are authorized to upload and/or broadcast and/or share on the Platform(s).
b) Content that involves replicas, derivative creations, or performances of others' copyrighted Content may violate another person’s IPR.
c) We encourage You to assess Your Content for adherence to applicable IPR laws, including fair use, and to secure all appropriate rights if needed, before sharing the Content on the Platform(s).
4.3 Lawful Content:
a) Content, which is contrary to law, has no place on Our Platform(s).
b) You must respect all applicable local, national, and international laws including IPR laws and all Our policies while using Our Platform(s) and uploading any Content on or distributing any Content through Our Platforms.
c) Any Content or activity featuring, encouraging, or soliciting illegal activities is prohibited. In order to protect the community and maintain positivity, please do not post any Content that is contrary to law.
d) Distributing any Content shared by Us and/or another user of the Platform(s) that You know, or reasonably should know, is illegal if such distribution has been specifically prohibited.
e) Please refrain from uploading and/or distributing Content that sells or promotes any services that are unlawful in the location at which the Content is posted or received.
4.4 Impersonation and right to privacy:
a) Impersonation is strictly prohibited.
b) Activities by You which contribute to impersonation, such as copying a user's channel layout, using a similar username or posing as another person will be considered harassment by You.
c) Your user profile is Your identity on Our Platform(s). You're welcome to use a screen name but please refrain from using inappropriate names, bios, or profile images.
d) Everyone has the right to privacy, no matter who they are. We request You to ensure that You do not share personal details including personal information of another person (or entity) or any information that may be used to track, contact or impersonate that individual (or entity), without their permission. This includes recordings of private conversations, photographs, phone numbers, and home or email addresses.
e) You agree that You have read, understand and accepted the terms set out in Our Privacy Policy, before You access or upload any Content on the Platform.
4.5 Spamming and related activities:
a) We aim for Our Platform(s) to be a spam-free place. We therefore encourage You to refrain from activities that include (but are not limited to) uploading and/or distributing:
i. large amounts of repetitive, unwanted messages or user reports
ii. unauthorized advertisements
iii. Content that encourage phishing
iv. Content with an intent to defraud others
v. Content spreading malware or viruses
vi. Content promoting misinformation, disinformation, and malinformation (such as feigning distress, posting misleading metadata, or intentional mis-categorization of Content)
vii. Content with an intent to tamper (such as artificially inflating follow or live viewer stats).
b) Please refrain from uploading, distributing or promoting Content that has been promoted through the sending of spam or mail fraud schemes, or pages that promote or condone the sending of spam.
c) Please avoid sending of bulk email, not originating from Our servers soliciting services relating to Storiyoh or un-related services, and mass distributing it to unknown recipients on Our servers and/or Platform(s).
d) Please avoid repeatedly sending messages or requests to other people.
e) Please do not attempt to drown out other people's opinions, including by posting from multiple accounts or coordinating with others.
f) Please do not engage in name-calling or attack people based on whether you agree with them. You may question the beliefs and expertise of others as long as it is relevant and done in a respectful and non-threatening manner.
The Community Guidelines, as elaborated under this Section are generic in nature and are non-exhaustive. Your actions might fall into cases that are not specifically laid down under these Guidelines but they may still be considered a violation of these Guidelines, if deemed so by Us at Storiyoh.
5. Reporting and Action:
5.1 As a user of the Platform(s) it is possible that You might come across Content that You disagree with or find distasteful from time to time.
5.2 If that is the case, the best thing You can do is to ignore that Content, and to block those users who share it, to avoid it in the future.
5.3 However, You can choose to report such Content that You believe violate these Guidelines if You encounter any such Content by specifying the location of the Content and the reason You believe it violates these Guidelines or is distasteful to You.
5.4 We have a dedicated team who will review all reports objectively, and remove any Content that violates these Guidelines, Terms of Use or applicable laws.
5.5 If We adjudge that a particular Content is infringing and in violation of Our Guidelines or Terms of Use, whether reported by another user, a government agency, as directed vide a court order, or found by Us through any other means, directly and/or indirectly, We will send You (“Infringing User”) a written intimation.
5.6 The Infringing User may, on receipt of such intimation, on his own, remove the infringing Content from the Platform(s), if the option to do so is enabled on the Platform(s) or contact Us for such removal.
5.7 On non-response from the Infringing User and/or if We are unable to reach the Infringing User, We may implement either one or a combination of the following precautions (“Precautions”):
i. remove the Content believed to be infringed from the Platform(s) permanently;
ii. Suspend the account of the Infringing User;
iii. Terminate the account of the Infringing User;
iv. Report the infringement to appropriate authorities.
5.8 If the Infringing User is not in agreement with such Precautions implemented against him, he can contact Us and We shall try to resolve the matter.
5.9 Please Note:
a) In general, We do not restrict You from uploading or distributing any type of Content. However, what We strongly stand against is if the Content is distasteful, offensive, derogatory or harms any third-party.
b) We understand that there is no definite method of adjudging if a particular Content specifically violates these Guidelines and to what extent will such violation be tolerated. Any Content may be viewed as a violation by one party while another party may think differently. We at Storiyoh, therefore consider this as a matter of Our prerogative and shall take the necessary safeguards as We deem fit if We, in Our sole discretion, find the Content to be in violation of Our Terms of Use and/or these Guidelines.
c) We may not monitor or control the Content posted via Storiyoh and we cannot take responsibility for such Content. However, we may be able to identify certain Content as being explicit in nature including Content which may be offensive to certain users. Such Content shall be tagged with a ‘E’ sign and a specific warning will be given to the User that the Content is explicit in nature. The User may then use his discretion whether to listen to such Content.
d) In some cases, and when we are provided with additional context, we make a decision based on the spirit, rather than the letter, of these Guidelines.
5.10 Take-down policy: Storiyoh reserves the right on the basis of a report/complaint by another User, a report/complaint by a third party whose Third Party Content is accessible on the Platform, direction of a government agency or a court of law, or found by Us through any other means, directly and/or indirectly, to remove/take-down Content from the Platform that belongs inter alia to the following categories and Storiyoh’s decision in this regard shall be final and binding on the person who has uploaded/provided access to the same on the Platform:
i. Explicit or offensive language, reference to illegal drugs, profanity or violence in podcast titles, subtitles or descriptions;
ii. Content that could be construed in the sole opinion of Storiyoh, as racist or misogynist or violates usage rights or deliberately spreading misinformation and disinformation;
iii. The word "Storiyoh" or Storiyoh Logo used in the podcast title, description or artwork without prior permission;
iv. Irrelevant Content or Content which is spam;
v. Content which is outdated, incomplete, factually incorrect, illegal, obscene, threatening, defamatory, invasive of privacy, or infringes or threatens to infringe, any intellectual property, proprietary, or other rights of any person or entity (including contractual rights, copyrights, trademarks, patents, trade dress, trade secret, common law rights, rights of publicity, or privacy, or moral rights) or is otherwise injurious to third parties or objectionable in any manner
vi. Podcasts with technical issues and/or with no episodes;
vii. Explicit Content in podcasts that does not have the <explicit> tag set to "Yes" on the feed;
viii. Any other Content which in the sole opinion of Storiyoh is unfit to be on the Platform for whatever reason it shall deem so.
Should you wish to report or make a complaint about Content which You believe Storiyoh should remove or take down from the Platform, kindly send us an email stating your reasons for the take-down request to legal@storiyoh.com.
6. Warranties:
6.1 You represent and warrant that You own or otherwise control all of the rights to the Content that You post, upload or distribute on or through the Platform(s) and that, as at the date that the Content is uploaded or distributed by You: (i) the Content is accurate; (ii) use of the Content does not breach any applicable policies or Guidelines and will not cause injury to any person or entity (including that the Content or material is not defamatory); (iii) the Content is lawful.
6.2 We do not control or endorse the Content, messages or information found in Your Content or in any external linked sites that may be linked to or from the Platform(s) and, therefore, We specifically disclaim any responsibility with regard thereto.
6.3 The ideas, feedbacks and other material(s) and Content uploaded by You are yours alone. We do not endorse Your views and provide no warranties with respect to its accuracy or correctness. We shall not be held liable for the Content of such ideas, feedback and other material(s) contained in the Content uploaded and/or distributed on Our Platform(s).
7. Indemnity:
7.1. You agree that You are solely responsible to Us and to any third party for any breach of Your obligations under the Terms of Use and these Guidelines and for the consequences of any such breach.
7.2. You shall always indemnify and keep Us indemnified in case of any claims including but not limited to third party claims, claims related to infringement, breach of Your warranties and breach of any of Our policies with respect to the ideas, feedback, Content and other material(s) uploaded on and/or distributed by You through Our Platform(s).
8. Contact Us:
We encourage You to contact Us in case You have any queries regarding these Guidelines and/or You wish to report an infringement, or otherwise at legal@storiyoh.com.
STANDARD END USER LICENSE AGREEMENT (“Standard EULA”)
Your access/download of Content on the Platform including audio Content, audio books, podcast shows, and any other services that are complimentary to the accessing of the Content and materials is subject to Your prior acceptance of this Standard EULA. Under this Standard EULA, Your license to any Storiyoh Content is granted by Storiyoh, license to any Third Party Content is granted by such Third Party provider and license to User Generated Content is provided by such User. Any Content that is subject to this Standard EULA is referred to herein as the “Licensed Content” and each content provider or Storiyoh as applicable (“Licensor”) reserves all rights in and to the Licensed Content not expressly granted to you under this Standard EULA.
1. Scope of License
Licensor grants to you a non-transferable license to use the Licensed Content downloaded from the Platform as permitted under the Terms. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Content as well as upgrades provided by Licensor that replace or supplement the original Licensed Content. Except as provided in the Terms and under this Standard EULA, you may not distribute or make the Licensed Content available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Content. You may not copy (except as permitted by this license and the rules for usage of the Service as set out in the Terms), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Content, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Content).
2. Consent to Use of Data
You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Content. Licensor may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
3. External Services
The Licensed Content may enable access to Licensor’s and/or third-party content, products , services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Content or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
4. NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED CONTENT IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT THE LICENSED CONTENT AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED CONTENT ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED CONTENT AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY SHOULD THE LICENSED CONTENT OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
5. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION IF YOU ARE ACCESSING CONTENT FROM ANY OF SUCH JURISDICTION, MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of INR 500. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
6. Dispute resolution
We will try to solve any disagreements quickly and efficiently. If You are not happy with the way We deal with any disagreement, You may wish to take recourse to legal proceedings. Our rights and obligations pursuant to these Terms are governed by, and shall be construed in accordance with, the laws of United Arab Emirates and the place of jurisdiction shall be exclusively in Dubai, UAE. You give up Your right to institute legal proceedings in any other jurisdiction, except where applicable law requires courts where You usually reside to have jurisdiction. However, Storiyoh will be entitled to institute legal proceedings in connection with any matter arising under these Terms in any jurisdiction where You reside, do business or have assets. You hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth in the Terms, without regard to any conflict of law provisions, and You hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified herein whose law governs.
7. Termination
This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.