BITE TERMS OF USE AND PRIVACY POLICY

These Terms of Use and Privacy Policy is an agreement between Hungry Ogre Technologies Private Limited, a Company incorporated under the Companies Act 1956 having its registered office at F-1202, Indradhanu Society, Phase II 85/1, Behind Vanaz Company, Paud Road, Kothrud, Pune – 411038 (“Company / We”), the owner and operator of the website www.readify.in (“Website”) and the Readify Application (the “App”) and the story telling application “Bite” (the “Bite App”) and you (“you”, “your”, “user”), a user of the Bite App through App or the Website.

BY USING THE APP OR WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF USE AND PRIVACY POLICY, AS UPDATED FROM TO TIME AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. THESE TERMS OF USE AND PRIVACY POLICY ARE APPLICABLE TO THE STORY TELLING APP “BITE” ONLY AND DO NOT APPLY TO THE OTHER FEATURES AVAILABLE THROUGH THE WEBSITE OR THE APP. If you choose to not agree with any of these terms, you may not use the Bite App.

Bite App Services:

These Terms of Use of the App apply to all the users of the Bite App. The Bite App shall be made available by the Company to the users and can be downloaded on a mobile phone by any android or iOS users. The App and Website is owned by the Company for the purpose of hosting a book store for publishing exclusive as well as partner content, the Bite App page is a part of the Website and the App of the Company.

As per the format of the Bite App the story narration happens primarily through an exchange of chat messages between the characters. By definition, the characters cannot talk to each other face to face anywhere in the story, except over audio/video phone calls which are available for the user to hear/see. While reading a story, the Bite App user will be able to see images and recordings sent by the characters to each other, hear background sound effects, etc.

The Bite App will be translating these stories into most of the Indian regional languages over a period of time. The Bite App content is available for free however it shall be charged prospectively at any time as per the discretion of the Company. The Company shall try to release new stories every Friday, but may release the same on any other day of the week at its sole discretion.

The App shall also have a “Write your own story” section where users can create their stories on the Bite App and publish them. The Company’s stories will be under the tab “Bite Originals” and there shall be a separate tab for “User Stories”. 

The users who post User Stories will not receive any income or part of the subscription so collected. It is understood and acknowledged that the users that are publishing any such stories on the Bite App are doing do willingly and also have right to delete them as per their discretion. 

The Company shall not be responsible to vet the content of the all the User Stories however reserves the right to delete any User Stories if
They are not as per its policies,
Contain any debatable content,
User Stories being found to be plagiarized or copied,
The story is not as per the format of the Bite App
Or on receipt of any complaint from any other user or at its sole discretion if the User Stories are found inappropriate in any manner.
The App will contain a flagging feature where other users can flag a User Story for either of these issues mentioned under this clause, post which the Company will investigate and decide as per its investigation of the User Story is to be retained or deleted. 

The Company hereby declares that it shall not be held responsible for any User Stories or content and the users acknowledge that the User Stories and contents have not been created by the Company and thus they shall not bring any action against the Company for any issues arising out of the same.

Registration:

The first step is to register yourself on the App as a user, which can be done by downloading the App and registering yourself for the Bite App in a few simple steps.

While registering, the users of the Bite App should provide their real names and information, and we need your help to keep it that way. The users have to comply with the following obligations relating to registering and maintaining the security of your account:

You will not provide any false personal information on the App, or create an account for anyone other than yourself without permission.
You consent to such dissemination of your personal information for the purpose of the App as provided herein below.
If we disable your account, you will not create another one without our permission.
You will not use the Bite App if you are a convicted sex offender.
You will keep your contact information accurate and up-to-date.
You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer/assign your account (including any Page or application you administer) to anyone without first getting our written permission.
If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is inappropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).

Further you shall not host, display, upload, modify, edit, delete, publish, transmit, update or share any information on the Bite App or the Website that –

belongs to another person and to which the user does not have any right;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harm minors in any way;
infringes any intellectual property rights which include but are not limited to patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonates another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer or mobile resource;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting towards any other nation

During registration you are required to give true and correct information (including name, email address, birth date, phone number, name of school or college or employer, etc.) which will be necessary for efficient functioning of the user content page of the Bite App and Website.

Bite App Access

Subject to your compliance with these Terms of Use and Privacy Policy, Company hereby grants you permission (revocable) to use the Bite App and Website to read the Company original content and other user content provided:

The copyright of each story submitted by the user on the App will always remain with the author. Readify is assigned and is hereby given non-exclusive and comprehensive publishing rights to the User Story across media till the author willingly retains the story on the Bite App.
Readify will get non-exclusive global publishing rights for all stories that are published on the Bite App by the users. (This means that users are free to publish their stories elsewhere too if they wish.) There will be no payment, financial or otherwise to writers who publish their stories on this Bite App. Further, in case of registration of the authors work as a copyright, the author hereby grants a license for publishing the same to the Company under these rules/terms and conditions for no costs or royalty.
There will be no monetary compensation to the author in any form including royalty. In the event of the story being sold on Readify or Amazon Kindle store or any other place where Readify wishes to publish it (whether as ebook or as part of a print book), whether as a single story or as part of a collection/anthology, the author will not be entitled to any share of the revenues. Readify has the right to keep the pricing as Rs. 0.
Readify may offer writing contracts to any authors it thinks fit and there will be separate agreements entered into with such authors.
You will not attempt to reverse engineer, alter or modify any part of the Bite App; and
you will otherwise comply with the terms and conditions of these Terms of Use and Privacy Policy.

You acknowledge, understand and agree that you shall not have, nor be entitled to claim in part or full any rights in and to the Bite App and/or any portion thereof, except to the extent of your limited rights to use the Bite App for certain purposes of reading the content published by the Company or other users subject to the other terms and conditions of these Terms of Use and Privacy Policy. Unless expressly authorized by Company pursuant to these Terms of Use and Privacy Policy, or unless you have otherwise obtained Company’s written permission, you agree not to copy, reproduce, duplicate, stream, capture, record access through technology or means other than those provided on the Bite App, perform, transfer, sell, resell, download, upload, archive, license to others, edit, modify, reverse engineer, decode, manipulate, create derivative works from or based upon, publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, translate, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the Bite App or any content or part thereof. Any of the unauthorized uses referred to above would constitute an infringement of the copyrights and other proprietary rights of Company and a violation of these Terms of Use and Privacy Policy and may subject you to civil and/or criminal liability under applicable laws.

Company shall not be responsible for any loss or damage of any kind to any user or its business or profession. You acknowledge that Company does not as a matter of its ordinary practice pre-screen any user or any user content of the Bite App. Company shall have the right in its sole discretion to refuse, remove, edit, or disable any of the users that violate these Terms of Use and Privacy Policy or are otherwise objectionable, as determined by Company in its sole discretion without any prior intimation. Company does not control or endorse any users or their stories or services or products. Company disclaims any and all liability in connection with any and all user information, stories etc. and you agree to waive any legal or equitable rights or remedies you may have against Company or any of its affiliates with respect to such users and their stories, services or products.

These provisions shall remain in full force and effect in perpetuity notwithstanding any termination of your use of the Bite App.

Third Party Links

Company App may or the other uses of the App may provide links to and/or contain advertisements about, non-Company owned or controlled web apps, services, products or other Internet resources. You acknowledge and understand that Company does not endorse or sponsor such other third party web apps, services, products or other Internet resources and Company expressly and specifically disclaims any responsibility and liability for any content, stories, software, functionality, services or advertised real estate, project, products or services found on or related to any such third party web app, services, products or other internet resources.

Privacy

The App ensures your privacy.  Your privacy is important to us. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our home page and at every point where personally identifiable information may be requested. We ensure privacy of all your personal data such as your name, address, e-mail address, date of birth, name of school/college, business, profession and such related data that we obtain when you create a personal account in the Bite App.

By accessing and using this Website and Bite App, you provide your specific consent to the Company to use and collect the information provided by you. Please note that for any information provided by you on the Website or Bite App, it will be deemed that:

You are above 18 years of age.
You understand that you have provided specific consent to the Company to collect and process the data provided by you.
The consent provided by you is the basis for lawful processing of your data by the Company.
You have read and understood the terms and conditions of this Policy and are aware that the collection and processing of your data will be subject to the same.
You have, by way of this Policy and/or by any other communications sent by the Company been made aware of the categories of the personal data/data collected by the Company, the purpose and nature for which the personal data/data has been collected, the sources used for collection of personal data/data, your rights with respect to the personal data/data, etc.

Your use of the Website (or any part thereof) signifies your agreement to be bound by the Privacy Policy. This Privacy Policy is a binding legal agreement between you and the Company.

Please keep in mind that whenever you voluntarily disclose personal information online through the App that information can be collected and used by others. In short, if you post personal information on the Bite App that is accessible to the public, you may receive unsolicited messages from other parties in return. Ultimately, you are solely responsible for maintaining the secrecy of your personal information and you sharing your personal information itself shall be considered and consenting to the collection and use of the same by others through the Bite App.

You acknowledge that the specific consent provided by you with respect to the user content is the legal ground in furtherance of which we collect/process your data. The Company may, if it so requires, collect/process the User content on the basis of other legal grounds including but not limited to performance of contract, legitimate interest, legal obligation, etc.

In some instances, where the Company uses cookies, chat Google, and other technologies, the Company may collect certain user content or any other data automatically when you visit the Website or the Bite App, as well as through emails that we may exchange. The collection of this information allows the Company to customize your online experience, improve the performance, usability and effectiveness of the Website and/or the Bite App and to measure the effectiveness of our marketing activities.

Sharing Your Content and Information

You own all of the content and information you feed in the Bite App. In addition:

For content that is covered by intellectual property rights, like stories, photos, videos, notes, etc. (“IP content”), you specifically give us the following permissions, and grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you provide on or in connection with the user content and User Stories uploaded by you on the Bite App (“IP License”).
Any IP with respect to the Bite App belongs to the Company.

The Bite App may ask you to provide information that will enable us to verify whether you are entitled to access and use certain information available from the Bite App. This information may also be used to enable us to enhance your App visit, to assist you with customer service or technical support issues, or to follow up with you after your visit, or to otherwise support your relationship with us. It is completely optional for you to participate, however if you chose to provide your information it shall be considered to have been given by your free consent.

Safety

Company shall do its best to keep the Bite App safe, but we cannot guarantee it. The users have to oblige with the following to ensure the safety of the Bite App:

You will not post unauthorized commercial communications (such as spam) on the Bite App.
You will not collect users’ content or information, or otherwise access the Bite App, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the App.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any user.
You will not post content that is a hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or violence.
You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
You will not use the App to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working or appearance of the Bite App, such as a denial of service attack or interference with page rendering or other Bite App functionality.
You will not facilitate or encourage any violations of these Terms of Use and Privacy Policy.

The Company may use information it collects, including user content, to:
tailor content, recommendations and stories we display to you, both on the Bite App and elsewhere online;
process your registration or other transaction, including verifying information you provide is active and valid;
send you information or special offers from us;
improve the Website and the Bite App, our products, and services, and for internal business purposes;
contact you with regard to your use of the Bite App, the Website, and, in our discretion, changes to the Website’ policies; and
as disclosed at the time you provide your information or otherwise with your consent.

Protecting Other People’s Rights

We respect other people’s rights, and expect you to do the same.

We can remove any content or information or story you post on the Bite App if we believe that it violates this Terms of Use and Privacy policy, our policies or any provision of Law.
If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate, as per our discretion.
You will not use our copyrights or trademarks or any confusingly similar marks, except with our prior written permission.
If you collect information from users, you will: obtain their consent, make it clear you (and not Company) are the one collecting their information and how you will use it.
You will not post anyone’s identification documents or sensitive financial information on the Bite App.

Your choices and updating your information and preferences:

You may be able to change your preferences with regard to the communications you receive from us for our Website and Bite App. You may opt out of receiving marketing communications from the Company by following the opt-out instructions. Please note that we reserve the right to send you certain communications relating to your account or use of the Website and Bite App and these transactional account messages may be unaffected if you opt-out from marketing communications. Information may persist internally for administrative purposes and that residual data may remain on backup media or for other reasons.

Security of User Content:

The Company takes reasonable steps to help protect and secure your information. However, no data storage or data transmission over the internet, or by other means, can be guaranteed to be secure. Thus, while we strive to protect your personal data, the Company cannot ensure or warrant the security of any information you transmit to us. Therefore, you understand, acknowledge, and agree that you transmit certain personal information to the Website and Bite App at your own risk. If you have any questions or comments regarding the Company’s website privacy policy, please contact us at the address below.

Name: Hungry Ogre Technologies Pvt. Ltd.
Email Address: [email protected]

BEFORE YOU WRITE, note that we cannot assist you with any type of tax matter. Our office may only address questions about Company privacy policies or concerns you may have regarding how the Company uses and collects personal information.

Amendments

We reserve the right to make changes to these terms, guidelines or other terms referenced in or incorporated by this document.

Your continued use of the Bite App, following the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.

Disclaimer Of Warranties

You expressly agree that your use of the App is at your sole risk. The Bite App along with the App and the Website (and any portion of the App) is provided “as is”, “with all faults” and “as available” to the fullest extent permitted by law. Company and its affiliates expressly disclaim any and all warranties of any kind, whether express or implied (including, without limitation, the implied warranties of merchantability, fitness for a particular use or purpose and non-infringement). Neither Company nor any of its affiliates make any warranties or representations about the accuracy or completeness of information available on or through the Bite App or other Internet resources linked to the Bite App and assume no liability or responsibility for any:

errors, mistakes, or inaccuracies of content including User Stories;
personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Bite App (or any parts thereof);
any unauthorized access to any and all personal information stored in the Bite App;
any interruption or cessation of transmission to or from the Application;
any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Bite App (or any parts thereof) by any third party; and/or
any claim for defamation, slander or infringement of rights due to contents or stories uploaded on the Bite App or
for any loss or damage of any kind incurred as a result of the use of any user information and/or other Bite App content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or through the Bite App and/or otherwise through your or any other Bite App users.

Company reserves the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access to any portion of the Bite App (including, without limitation any of the Bite App services).

Limitation Of Liability

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL COMPANY, OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE APP THE WEBSITE OR ANY PARTS THEREOF.

Indemnification

You agree to indemnify and hold harmless Company and its affiliates and its and their respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable outside attorneys’ fees and costs) that such parties may incur as a result of or arising from
any of your wrong/false user information,
your unauthorized exercise of any of your rights granted under these Terms of Use and Privacy Policy,
the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these Terms of Use and Privacy Policy,
your violation of any person’s intellectual property, privacy, publicity or other right,
the violation of any Applicable Laws and/or these Terms of Use and Privacy Policy by you or
any defamation or slander claim by any other person due to your content or stories uploaded on the Bite App, or
your misconduct or negligence by your or anyone accessing the Bite App through your registered account, in connection with your (and/or such other person’s) use of the Bite App (in whole or in part).

Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Company in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Bite App.

Termination

If you violate the letter or spirit of the Terms of Use and Privacy Policy, or otherwise create risk or possible legal exposure for us, we can stop your right to access all or part of the Bite App by you. You may delete your account or disable your application at any time. 

Disputes

You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Terms of Use and Privacy Policy document or Company exclusively in India and the Court of Pune will have exclusive jurisdiction, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the Republic of India will govern this Terms of Use and Privacy Policy document, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

If anyone brings a claim against us related to your actions, story, content or information on the App, you will indemnify and hold Company and its directors, agents, representatives, partners, employees and consultants harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
 
OTHER

You agree and confirm that we do not control or direct users’ actions on the Bite App and are not responsible for the content or information users transmit or share on the Bite App. We are not responsible for any offensive, inappropriate, obscene, unlawful, defamatory or otherwise objectionable content or information you may encounter on the Bite App. We are not responsible for the conduct, whether online or offline, of any user of the Bite App.
This Terms of Use and Privacy Policy, makes up the entire agreement between the parties regarding Company and supersedes any prior agreements.
If any portion of this statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Terms of Use and Privacy Policy, it will not be considered a waiver.
Any amendment to or waiver of this Terms of Use and Privacy Policy must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Terms of Use and Privacy Policy to anyone else without our consent.
All our rights and obligations under this Terms of Use and Privacy Policy are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Terms of Use and Privacy Policy shall prevent us from complying with the law.
This Terms of Use and Privacy Policy do not confer any third party beneficiary rights.
We reserve all rights not expressly granted to you.
You will comply with all applicable laws when using or accessing the Bite App.

Please Note
Do not respond to unsolicited e-mails that claim to come from the Company, or any e-mail from an unknown party asking you to submit personal, tax, or financial data. The Company does not use email to request this type of information. Forward suspicious e-mails to: [[email protected]].

Team ReadifyBITE TERMS OF USE AND PRIVACY POLICY