By clicking on the “accept” button at the end of this you acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions.
If you are using the Platform in your capacity as employee or agent of a company or organization, then any references to “you” in this agreement shall refer to such entity and not to you in your personal capacity.
PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY. This End User License Agreement (“EULA”) governs your use of the Website https://yavanika.pictures (the “product/Platform”) (referred to as ‘Yavanika’). Whereas Grahan Technologies LLP is the owner of the Website https://yavanika.pictures basically a website where a user can create, read, update and delete screenplays and use features that will assist in the same.
DEFINITION
“USER/VISITOR”
The term “User/VISITOR” or “you” or “your” refers to the user or visitor of this platform.
“PLATFORM”
The term “Platform” includes the website https://yavanika.pictures created, developed and maintained by Grahan Technologies LLP.
“INFORMATION”
"Information" include user’s name, user’s email, contacts, language preference, user’s content in connection with your use of the platform.
"Yavanika Content" means content that Yavanika creates and make available in connection with the services like visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, reports and other usage-related data excluding User’s Content and Third Party Content.
"Third Party Content" means content that comes from parties other than Yavanika or its users and is available on the Services.
With this EULA, YAVANIKA makes the platform available to the user or visitor of this platform. YAVANIKA’s Privacy Policy (Privacy Policy) which can be found on https://www.yavanika.pictures/privacy.
If You have a YAVANIKA Account which can be found on https://www.yavanika.pictures/login (“Account”), this EULA shall coexist with the account.
YAVANIKA reserves the right to change, modify, add or delete articles in this EULA at any time, in accordance with the procedures described below in Section 9 .
Capitalized terms used in this EULA without definition shall have the meanings specified in the Terms of Use.
GRANT OF LICENSE
YAVANIKA grants You a non-exclusive and personal license to use the Platform in whole and for such time until either You or YAVANIKA terminates this EULA. You must not use, or allow others to use, the platform for commercial purposes without obtaining a license to do so from YAVANIKA.
Certain parts of the Product may be using third party features, for which additional terms may apply. Yavanika may associate with the third parties, and will use the "flash cookies" and similar files or technologies to collect and store information and you are able to disable some of the cookies through their device or browser settings. If you are using the platform with their browser, you are set to accept cookies and will be consenting to our use of cookies in the manner described herein. Yavanika may also allow third parties to run advertisements on our behalf across the Internet, and track and report on the performance of those advertisements.
You shall not, directly or indirectly
While using the Platform, You agree to comply with all applicable laws, rules and regulations.
For example You may not:
OWNERSHIP
All titles to the Platform are owned by Grahan Technologies LLP. The Platform is protected by national and international laws, copyright treaties and conventions and other laws. All rights not granted hereunder to You are expressly reserved by YAVANIKA.
You have no title or ownership in the Platform.
ACCESS TO THE PRODUCT
This Section 3.1 is applicable to You if You are using the Platform on a Electronic Device.
For this EULA, “Electronic Device” designates any portable device capable of connecting to the Internet to access the Platform.
PRODUCT ACCESS.
To use the Platform on an Electronic Device, You must have access to an electronic communication network. The quality of the Platform depends on the capacity of the Electronic Device and Electronic Communication Network. The Product may not be available for use on all mobile devices or through all network service providers.
COLLECTION OF PERSONAL DATA:
Yavanika will collect the following information from You for using the Platform.
1. User's Name
2. User's Email
The following information and data provided by You while using the Platform created and maintained by Grahan Technologies LLP:
The User Account Information which You provide during registration account.
The content created by You while using the platform provided by Yavanika.
The information given by You while participating in any survey conducted by Yavanika.
In order to provide You with a better screenplay writing experience, adapted services and Platform support, YAVANIKA may collect and store data about You in relation to Your use of the Product. Certain data is recorded, archived, analyzed and used to create user statistics. Your privacy is very important to YAVANIKA and YAVANIKA will not reveal Your personal data to third parties except when expressly authorized by You to do so or in special circumstances. YAVANIKA may be under a duty to disclose or share Your personal data in order to comply with a legal obligation, or in order to protect YAVANIKA’s rights and those of other users and third parties. For further information concerning YAVANIKA’s use of Your personal data, please refer to the Privacy Policy.
USAGE OF THE COLLECTED DATA/INFORMATION
The information or data collected from the users will be used for the following purposes mentioned hereunder:
To assess and improve our quality of services.
For internal record keeping.
To meet legal and regulatory requirements.
For improving our services, for administering and diagnosing technical problems.
For showing ads that are relevant to the users.
For better customer support.
Generate, review reports and data, and conduct research on, Yavanika user base and Service usage patterns
For conducting and creating surveys for the users.
To administer and enhance the security of the Platform and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes
To carry out academic research with academic partners.
For any other purpose with the consent of the user.
ANALYTICS TOOLS AND AD SERVING TECHNOLOGY.
Yavanika may also allow third parties to provide analytics services and audience measurement services and further to run advertisements on Yavanika’s behalf across the Internet, and track and report on the performance of those advertisements.
DISCLOSURE AND DISTRIBUTION OF USER INFORMATION
Yavanika shall be obliged to share the data and information collected from the user through this platform to the appropriate governmental agencies or other governmental authorities or as per any Court order under the applicable Laws of India in good faith. Yavanika in the course of its business may work with third parties such as network advertisers or agencies to run advertisements on the platforms or on other third-party websites or on other social media platforms.
STORING USER’S PERSONAL DATA AND SECURITY
Information submitted to Yavanika will be transferred to, processed, and stored in India. When you use the platform on your device, the information you save will be stored locally on that device and synced with our servers. Yavanika is committed to protecting the security of your Information and takes reasonable precautions to protect the Internet data transmissions wired or wireless. Yavanika uses industry-standard encryption to protect your data in transit and at rest. If Yavanika learns of a security system breach, Yavanika may attempt to notify you and provide information on protective steps, if available, through the email address that you have provided to Yavanika or by posting a notice on the Site. Depending on where you live, you may have a legal right to receive such notices in writing.
It is expressly stated that the Yavanika shall not be responsible for any breach of security or for any action of any third parties that receive Users’ personal data or events that are beyond the reasonable control of Yavanika including, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security etc.
CONSENT TO MONITOR.
In the event that the Product detects any unauthorized third party program, YAVANIKA will notice you details about date and time of the unauthorized third party program detected, the hardware specifications and performance characteristics of Your hardware including the name of your Account, your internet protocol (IP) address and in such an event this License and Your access to the Product may be terminated with or without additional notice to You.
WARRANTY DISCLAIMER, LIMITATION OF LIABILITY.
You Expressly Acknowledge That Use Of The Product Is At Your Own Risk. To the Fullest Extent Permissible Under Applicable Law, In No Event Will Yavanika, be Liable For Loss Or Damage Suffered In Connection With The Use Of The Product. This Includes Without Limitation
All Losses Of Any Kind
Direct Loss
Accidental Loss
Incidental Loss,
Consequential Loss, And
Indirect Loss.
In No Event Yavanika, be Liable For Damages In Excess Of Any Amount You Have Paid To Yavanika For The Product During The Twelve (12) Months Immediately Prior To The Time Your Cause Of Action Arose.
INDEMNITY.
You are solely responsible for any damage caused to the Platform YAVANIKA owned and maintained by Grahan Technologies LLP, other users of the product or any other individual or legal entity as a result of Your violation of this EULA.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED YAVANIKA AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES DAMAGES AND ALL COSTS (INCLUDING ADVOCATE FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE OR MISUSE OF THE PRODUCT. YAVANIKA reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which You agreed to indemnify YAVANIKA. The provisions of this Section 6 shall remain in force after termination of this EULA.
TERMINATION.
The EULA is effective from the earlier of the date of Your subscription for using the Platform, until terminated according to its terms. You and YAVANIKA may terminate this EULA, at any time, for any reason. Termination by YAVANIKA will be effective upon (a) notice to You or (b) termination of Your YAVANIKA Account (if any) or (c) at the time of YAVANIKA’s decision to discontinue offering and/or supporting the Platform. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA.
CHANGES TO THIS EULA OR TO THE PRODUCT.
YAVANIKA reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice, technical or regulatory reasons. You can review the most current version of this EULA by clicking on the “EULA” link located on the Product or on https://www.yavanika.pictures. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
MISCELLANEOUS.
Severance: If any Court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, , be deemed to be deleted and the validity and enforceability of the other provisions of this EULA shall not be affected.
Law and Jurisdiction: To the extent permitted by applicable law, this EULA and any disputes or claims arising out of or in connection with it or its subject matter or formation are governed the Laws of India. The Courts at Kochi alone shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the EULA.
Force Majeure: If the performance by the either party, of any of respective obligations under this agreement is prevented by reason of fire, flood, storm, accident, war or other similar casualties or any Law or regulation of any Government or any act or condition whatsoever beyond the reasonable control of such party then such party shall be exempted for such period from such performance to the extent of such prevention.