Welcomes to The Hot Byte!

A. INTRODUCTION

1. The domain name, www.thehotbyte.com, the software Mobile Application of The Hot Byte or any other medium through which we may provide our Services (as defined hereinbelow), as applicable from time to time, are collectively referred to as “Website” which has its registered office at 2nd Floor, C-15B, Friends Colony East, Mata Mandir Road, New Delhi – 110065 hereinafter referred to as “we/We”, “Company/company”, “Hot Byte”/”The Hot Byte”,  “us/Us” or “our/Our”. For the purposes of these Terms of Use the terms, wherever the context so requires, “You/you” or “Your/your” or “User/user” or “Customers/customers” shall mean any natural person who is a user (registered or not) and/or Authors and/or any contributors of the Website, above the age of 18 (eighteen) years.
2. For the purposes of these Terms, the word “Author” refers to individuals, contributors, or entities who create and submit content, including but not limited to articles, stories, images, videos, and any other media, for publication on the Website. The definition of “Author” includes but is not limited to in-house content creators, freelance contributors, guest writers, or any other parties responsible for generating the material featured on the Website. The Website reserves the sole and absolute right to attribute Content to the respective authors, and authors may be credited accordingly on the Website.
3. We are a global entertainment and lifestyle Website that primarily focuses on, including but not limited to Bollywood and celebrity news, fashion, beauty, travel, and lifestyle content. The Website features articles, blogs, videos, and other media content related to entertainment, lifestyle, and pop culture in India. It often covers news and events related to Indian as well as international film and television industries, fashion trends, beauty tips, and celebrity interviews (hereinafter collectively referred to as “Services”).

B. YOUR USE AND ACCESS

1. Your access of our Website which includes browsing or in any way purchasing or availing any of our Products and/or Services, is an implied consent accepting these Terms. Furthermore, you also accept and agree to be bound by our policies, including the Privacy Policy and such other guidelines, rules, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions.
2. This document is an electronic record for the purposes of the Information Technology Act, 2000 (“IT Act”), the applicable rules thereunder and the provisions pertaining to electronic records in various statutes as amended by the IT Act.
3. Please be aware of the fact that acceptance of these terms of use is a precondition for usage of Services on the Website. By usage of these Services, it is deemed that You hereby accept all and any of the terms specified in these Terms of Use. This Terms of Use along with other relevant terms like Privacy Policy, etc. (“The Hot Byte Terms/Terms”) constitutes the entire agreement between You and the Hot Byte and governs Your use of the services provided by us.

These Terms are effective from January 01, 2024.

C. CHANGES

We reserve the right to change or modify these Terms or any policy or guideline on the Website including but not limited to the Privacy Policy at any time and in our sole discretion. Any changes or modifications made by us will be effective immediately upon such changes or modifications being posted on the Website and You hereby waive any right You may have to receive specific notice of such changes or modifications. We will strive to ensure that we inform You of any such changes to our Website at least once a year. Your continued use of the Website is implied acceptance of such changes or modifications and we, thus encourage You to frequently review our Terms and applicable policies to understand the terms and conditions that apply to Your use of the Website.

D. ELIGIBILITY

The Website is available to use only for persons who are above the age of 18 (eighteen) years and who can legally enter into a contract under the Indian Contract Act, 1872. Persons who do not fall under this category including but not limited to minors, etc. are not permitted to use the Website. By accessing the Website, You consent that you qualify this criteria of Your age being 18 years or older. In the event You are below the age of 18 years, You may avail the services provided by us, through Your legal guardian in accordance with the applicable laws. We reserve the right to terminate your membership and / or refuse to provide You with access to the Website if it is brought to our notice or if it is discovered that You are under the age of 18 years.

Company reserves the right to refuse access to use the services offered at the Website to new Users or to terminate access granted to existing Users at any time without providing any reasons for doing so and You shall have no right to object to the same. At any given point in time, You shall not have more than one active account on the Website and additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to any other party.

E. REGISTRATION OF USER AND SECURITY

For you to avail the Services available on the Website, it may be necessary for you to go through a registration process which may require you to enter certain details including but not limited to creating a username, providing your email address, mobile number, name, gender, etc. At the time of registration, it would be your responsibility to provide true, accurate and complete information and update the same in the future, if need may be.

You are solely responsible for the activity that occurs on your account, and you must keep your account password secure and must not share it with any other person. You must notify us immediately of any breach of security or unauthorized use of Your account. Although we will not be liable for your losses caused by any unauthorized use of your account, You may be liable for the losses of the Company or others due to such unauthorized use.

You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the Website and/or the services. You are responsible for maintaining the confidentiality of your password, and agree not to transfer your use of or access to the Website or services to any third party. You are fully responsible for all activities that occur under your password or user name, including, without limitation, purchases.

You agree to (a) immediately notify us of any unauthorized use of your password or user name or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with all of the foregoing obligations.

You may not enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person or use as a User ID, a name subject to any rights of a person other than yourself without appropriate authorization. We reserve the right to refuse registration of, or cancel a User ID in our sole discretion.

The Website may be inaccessible for such purposes as it may, at its sole discretions deem necessary, including but not limited to regular maintenance. However, under no circumstances will we be held liable for any losses or claims arising out of such inaccessibility to the Users and the Users expressly waive any claims against us in this regard.

We have the right to terminate your Website access at our sole discretion, without notice.

F. SUBMISSION AND OWNERSHIP OF CONTENT

For the purposes of these Terms, “Content” includes, without limitation, any information, data, images, text, software, scripts and graphics, photos, sounds, videos, audio, interactive features and features generated, provided, or otherwise, comments to other people’s opinions, blogs, articles, entertainment listings or otherwise made accessible on or through the Website and includes any and all Content added, created, uploaded, submitted, distributed, or posted by the users, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. You acknowledge that all Content, accessed, created, modified by You using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting from your actions. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate or available.

You are solely responsible for the Content. By submitting Content, You confirm that you own the necessary rights and permissions to grant us a global, non-exclusive license to use and share your Content on the our Website. You retain ownership of your Content, but you allow us to use it for promoting and sharing on our Website. This license ends when you remove your Content from the our Website. By posting/ uploading/ submitting Content, you grant us a worldwide, nonexclusive, perpetual, transferable, and royalty-free license (with the right to sublicense, to use for all purposes as deemed fit by us including but not limited to by way of commercial exploitation, promotional use, etc.) to store, archive, copy, reproduce, process, adapt, crop, modify, publish, transmit, perform, display, distribute, right to us to copy, prepare derivative works or abridged version of such Content in any and all media, improve, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly, by submitting, posting or displaying or otherwise making available the Content and/or uploading the Content on or through any link provided on the Website. We reserve the sole right to perform the above-mentioned activities without any further consent, notice and/or compensation to you or to any third parties.

In connection with Content submitted by you, you further agree that you will not:

1. Infringe on copyrights, third-party rights, or post material without proper permissions.
2. Publish any false or damaging information about our Company or any third party.
3. Post and/or share any unlawful, offensive, or inappropriate Content.
4. Post advertisements, impersonate others, or violate intellectual property rights of our Company or any third-party.
5. Attempt to reverse engineer or modify our Website.
6. Engage in any activity that could disrupt our Website or attempt unauthorized access to our systems.
7. Resell access to any Website or use them in any way inconsistent with these Terms.
8. Use our communication tools for unsolicited bulk communications or spam.

Do not harvest user information for any such purposes. Encouraging or allowing others to violate these Terms is also prohibited. Violations may result in immediate access termination and strict legal action. We may employ technical measures to prevent unsolicited communications. Avoid spamming or commercial solicitation on our Website.

We do not endorse any Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaims any and all liability in connection with the Content. We do not permit copyright infringing activities and infringement of intellectual property rights on our Website, and we will remove all Content including but not limited to any and all user generated Content if properly notified that such Content infringes on another’s intellectual property rights.

We reserve the right to remove any Content without prior notice. We also reserve the right to decide whether Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such Content and/or terminate a User’s access for uploading such material in violation of these Terms at any time, without prior notice and at our sole discretion.

This Website facilitates posting/uploading/publishing of Content by the User, such as pictures, videos, messages, comments, and links to third party websites. Kindly note that while we do not endorse, support, encourage or verify any such Content posted/uploaded/published on the Website, we do always endeavour to give proper credit by acknowledging the original sources of such Content. However, if any oversight occurs or if you believe your work has not been appropriately credited, please contact us immediately using the contact form available at https://thehotbyte.com/contact-us/. We value proper attribution and will always promptly address any concerns regarding intellectual property or credit issues. This disclaimer is part of our Terms and is subject to periodic updates.

The Company does not assume any obligation to monitor the information that you may post on its Website.

G. CONTENT MODERATION AND SCREENING

For the purposes of these Terms, Content Moderation and Screening refer to the set of practices, policies, and procedures employed by the Company to review, assess, and manage user-generated content submitted or posted on the Website. This includes, but is not limited to, text, images, videos, comments, and any other material contributed by users. This is to ensure that the Content aligns with the Website’s guidelines, community standards, and applicable laws.

Content moderation involves the identification and removal of any Content that may violate the Terms, infringe on intellectual property rights, promote illegal activities, contain offensive material, or otherwise breach the established standards of the Website. The Website reserves the sole and absolute right to moderate, edit, or remove content at its discretion, without assuming responsibility for the accuracy, completeness, or appropriateness of user-generated content.

Users are expected to adhere to the content guidelines outlined in the Terms, and violations may result in the removal of Content, warnings, suspension, or termination of user accounts, as determined by the Website.

By using the Website and contributing content, users agree to the content moderation policies and acknowledge that the Website has the authority to enforce these policies to maintain a safe, respectful, and legally compliant online environment.

Users are reminded that commercially available parental control protections, encompassing computer hardware, software, and filtering services, exist to assist in restricting access to material deemed harmful to minors.

H. INTELLECTUAL PROPERTY

The Content, design, and information presented on the Website are exclusive and valuable properties of The Hot Byte, protected under Indian laws. These Terms explicitly state that no ownership rights are transferred to You or any other individual or entity. With the exception of user submissions, all Content on the Website, including trademarks, service marks, and logos (“Marks“), are either owned by or licensed to the Company, subject to Indian copyright and intellectual property laws.

The Content provided on the Website is intended for your personal information and use only, and any other use, such as copying, reproduction, distribution, transmission, or commercial exploitation, requires prior written consent from the respective owners and The Hot Byte.

You are prohibited from renting, leasing, sublicensing, distributing, transferring, copying, reproducing, publicly displaying, publishing, adapting, storing, or time-sharing The Hot Byte or any part thereof without explicit written authorization from The Hot Byte. Furthermore, any removal, alteration, or obscuring of copyright, legal, or proprietary notices without prior written authorization is strictly prohibited.

The Hot Byte reserves all rights not explicitly granted concerning the Website and its Content. Unauthorized use, copying, or distribution of the Content, including but not limited to user submissions from third parties, for commercial purposes is expressly prohibited.

You agree not to circumvent, disable, or interfere with the security features of the website that prevent or restrict the use, copying, or distribution of content, or enforce limitations on the Website or its Content. Your access and use of the Website signifies your acknowledgment and agreement to comply with these Terms and its applicable consequences.

For any infringement related complaint or any other issue pertaining to Intellectual Property, we can be reached out at: thehotbyte@gmail.com.

I. PROMOTIONAL MATERIAL

Certain sections of the Website may feature advertising information, promotional material, or content submitted by third-parties. The responsibility for ensuring the compliance of such material with applicable international and national laws rests solely with the party providing the information or material. Any interactions, transactions, or engagements with advertisers, including but not limited to payment, delivery of goods or services, and other associated terms, are strictly between you and the respective advertiser. It is advisable to independently verify the relevance of any such promotional or advertising material for your specific needs and seek professional advice if necessary. The Company assumes no responsibility or liability for any loss or claims arising from your interactions with promoters/advertisers or any consequential damages resulting from your reliance on the contents of any advertisements.

J. THIRD PARTY CONTENT

The Website may contain third party links. These links may redirect you to third party websites which are not affiliated to us. We do not control these links and when you access them, you do at your own risk.

We are not responsible or liable for the content, accuracy, legality, appropriateness or any such aspect of third-party websites or links. We shall not be directly or indirectly responsible or liable for any loss or damage caused to you by accessing third party links.

K. OWNERSHIP

The Website, Services, and all Content are safeguarded by copyright, trademark, and other relevant laws. Unless expressly stated otherwise in these Terms, the Company and its licensors retain sole ownership of all rights, title, and interest in the Website, Services, and all Content, including all related intellectual property rights. It is prohibited to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices embedded in or accompanying the Website, Services, or Content. Company does not assert any ownership interest in Third Party Content and explicitly disclaims any liability associated with those materials.

L. APPLICABLE LAW AND DISPUTE RESOLUTION

These Terms and the rights and obligations of the parties hereunder shall be construed and interpreted in accordance with the laws of India. Use of the Website and its services shall also be governed by the laws of India. All disputes arising by and between the parties shall be subject to exclusive jurisdiction of the competent courts of New Delhi only.

M. TERMINATION

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Website or through the Services. All provisions of Terms which by their nature should survive termination shall survive termination.

N. MODIFICATION OF WEBSITE

We reserve the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice to You or to any other party. You or any other parties agree that we will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.

O. SEVERABILITY

If any provision of these Terms is held by a court to be illegal, invalid or unenforceable, such provision shall, as to such jurisdiction only, be deemed severable and ineffective to the extent of such invalidity or unenforceability and the remaining provisions shall remain in full force and effect.

P. INDEMNITY

You agree to defend, indemnify and hold the Company harmless from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of:

1. Your act or omission in relation to the non-fulfilment or breach of any of your obligations under these Terms or arising out of your violation of any applicable law.
2. Payment of dues and taxes by you.
3. Claim of libel, defamation, violation of rights of privacy or publicity or any such act by any other Users.
4. The use or misuse of your account or the use or misuse of another User’s account.
5. Infringement of intellectual property rights or other rights.
6. Any breach of, or failure to comply with, applicable law.

Q. LIMITATION OF LIABILITY

You acknowledge and expressly agree that you are using the Website at your own risk. 

We shall not be held liable for any incidental, indirect, special, consequential or punitive damages, or for any loss of data, profits, goodwill, or for any bugs, viruses, trojan horses, or any such intangible losses which result from;

1. Your access or use or inability to access or use the Website;
2. Third party services which you consent to or access, including but not limited, any defamatory, offensive or illegal conduct of other Users or third parties
3. We do not represent or warrant that your access to the Website will be uninterrupted or that there will be no failures, errors, omissions.

R. DISCLAIMER

These Terms does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.

S. INTERNATIONAL USAGE

Accessing our Website is prohibited from territories where the Content is illegal. If you access the Services from other locations, you do so at your own initiative and are responsible for compliance with local laws.

T. WAIVER

No provision of these Terms shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Company. Any consent by the Company to, or a waiver by us of any breach by other parties, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

U. HEADINGS

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of these Terms.

V. FORCE MAJEURE

We shall not be responsible or liable for any delay or non-performance of our obligations due to any act that is beyond our reasonable control, including but not limited to acts of God (such as tornadoes, earthquakes, hurricanes, floods, fire or other natural catastrophe), war, terrorist acts, riot, or other civil disturbance; epidemics; pandemics or other similar forces.

W. CONTACT US

If any party has any grievance, suggestion, question or comment regarding any of our Services or Product, please contact us at thehotbyte@gmail.com  

If any party has any questions concerning The Hot Byte, the Website, these Terms, or anything related to any of the foregoing, we can be reached at the following email address thehotbyte@gmail.com or by using the contact link at https://thehotbyte.com/contact-us/.