Terms of Use

Welcome to htsmartcast.com (“Website”), a site owned and operated by HT Media Ltd (hereinafter referred to as the “Company”/ “HTML”).

The following Terms & Conditions (hereinafter referred to as “Terms”) apply when you access or use the Website and/or its services. Your access or other use of the Website and/or its services constitutes your agreement to be bound by the Terms set forth below. Hence, we insist that you must spend time reading these Terms carefully before accessing or using the Website.

By using the Website or otherwise accessing/availing its services thereof, in any manner whatsoever, you are acknowledging that you have read and understood the Terms and agreeing to be bound by and comply with the terms & conditions set forth herein. In addition, you agree to comply with all applicable laws and regulations that apply to your use of the Website or its services.

Please discontinue using the Website immediately if, for any reason, you do not accept and agree to these Terms in any manner.

You must be 18 years or above Or 13 years or above and have your parent or guardian’s consent to use this Website and its service under supervision of your parent or guardian. You must have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. If there are parts of the Website where you need to register and provide certain information to HTML: You must be at least 18 years of age. If you are at least 13 years of age, but less than 18 years of age, you must present these Terms to your parent or legal guardian, and he or she must click “AGREE” or “SIGN UP,” as may be applicable, on your behalf.

CHANGES TO THESE TERMS:

We reserve the right to change, add, or remove any terms and conditions at any time without any notification to you. You should frequently review the Terms so you are aware of the most current rights and obligations that apply to you. Your continued use of the Website after changes to the Terms means you agree to be legally bound by these Terms as updated and/or amended

CONTENT:

The Content shall mean and include the audio clips, audio-visual clips, images and news etc. (“Content”) provided by HTML through Website which shall in bite size and is provided free of charge via free distribution services. The Content contained in this Website belongs to HTML or its licensors and is protected under applicable laws for e.g. copyright, trademarks, etc.

USAGE:

HTML grants you a non-exclusive, non-transferable, revocable, limited license to access this Website.

In order to provide access of the Website to you, we may request you to register and/or provide and /or confirm information about yourself. We trust that any information provided by you will always be true, accurate, complete and updated.

The Content displayed on the Website is for your non-commercial, non-legal and personal use. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the Content in any way except for your own personal, non-commercial use.
You also agree not to adapt, alter or create a derivative work from the Website and any of its Content except for your own personal, non-commercial use. Any other use of Content requires the prior written permission of HTML. Any alteration or modification of the Content without HTML consent shall amount to copyright and/or Trademark violation under applicable law.

You agree to use the Website and its Content only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of HTML or its licensors.

The Website is currently accessible via computer or on a mobile phone and in future could be accessed through other mediums as well (collectively called “Devices”), and the downloading of its Content and services can only be accessed through a valid internet connection. HTML is not responsible for any unavailability of Content and services due to connectivity issues or any other technological reasons; therefore, you are solely responsible for checking with your Internet Service provider to make sure a valid internet connection is available for your device(s). Nevertheless, all use of the Website and related services must be in accordance with these terms and conditions.

The users are expected to respect and protect the intellectual property rights with respect to the Content provided on the Website irrespective of the ownership. HTML respects the intellectual property rights of others and does not hold any responsibility for any violations of any intellectual property rights by you.

REGISTRATION:

As mentioned above we may require you to register to avail certain section of the Website, and we will not permit: (a) any other person using the registered sections under your name and; (b) access through a single name being made available to multiple users on a network.

RESTRICTIONS ON YOUR USE:

You will not use the Website, or any Content provided thereof for any purpose that is illegal, unlawful or prohibited by this Agreement.
You will not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Website or any component or content thereof, available to third parties, directly or indirectly.
You will not use the Website in a manner that threatens the integrity, performance, or availability of the Website.
You may not use any robot, spider, other automatic devices, or manual process to monitor or copy our Website or the Content without HTML prior written permission.
You will not attempt to or engage in any activity that may:
- collect information about other users of the Website for any illegal or unlawful purpose;
- create any user accounts by automated means or under false or fraudulent pretenses for using the Website;
- transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the Website;
- use the Website in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Website, or interfere with any other third party’s use and enjoyment of the Website.

TERMINATION:

Your access to the Website may be terminated if you knowingly or unknowingly cause direct or indirect breach, as ascertained by HTML, of these Terms or Privacy Policy as a whole or in part.

We may have to terminate your access to the Website if (a) you collect information about other users of the Website for any illegal or unlawful purpose; (b) We are required to do so by any law, or; (c) The provision of Website to you, is no longer viable or feasible for us.

PRIVACY:

Our Privacy Policy (hyperlinked) explains how we treat your personal data and protect your privacy when you use the Website. By accessing the Website, you agree that we can use such data according to our Privacy Policy.

You are responsible for maintaining the confidentiality of passwords, you use to access the Website. Accordingly, you are solely responsible for all activities that occur with your device. If you become aware of any unauthorized use of your device, you will notify the relevant authorities as soon as possible

COPYRIGHT:

You acknowledge and agree that all copyright in all Content provided as part of the Website shall remain at all times vested in HTML or its licensors except where specifically mentioned herein. The use of the Website, or any Content on the Website, except for use as expressly permitted herein, is prohibited and subject to civil and criminal penalties, including possible monetary damages, for copyright infringement. All rights not expressly granted to you in these Terms are reserved to Company or its licensors. You are permitted to use this material only as expressly authorized by us.

TRADEMARKS:

All trademarks, service marks, trade names, slogans and logos that appear on or in connection with the Website are the property of HTML. You may not copy, display or use any of these marks without prior written permission of the mark owner except permitted to use by HTML under these Terms.

INDEMNIFICATION:

To the extent authorized by law, you agree to indemnify and hold harmless HTML, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your use of any of the services.

LIMITATIONS:

In no event, shall HTML be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials/Content on the Website, even if HTML or a HTML authorized representative has been notified orally or in writing of the possibility of such damage.

NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS OR WEB SITES:

The Website may include Products, Content, and services from third parties available via the Website. HTML may include links to third party websites, which are provided solely as a convenience to you. HTML assumes no liability or responsibility for third-party materials or websites, and you acknowledge and agree that HTML is not responsible for evaluating or examining the content or accuracy of such.

ERRORS:

HTML does not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected.

CONTENT MATERIAL SUBMISSION TO HTML

You may share/upload any audio and/or other material, including third party content (“User Content”) on the Website and by doing that you are granting us a royalty-free and non-exclusive license: a worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process, information and your User Content that you provide through the Website, without any further consent, notice and/or compensation to you or others.

When you share any third party content with us, you do so in accordance with these Terms which mean that you hereby agree that you have the permission from or are authorised by the owner of the Content(s) to share with us. Other users may access and share your User Content and information, via the Website, social media, email, and otherwise. We may cut, edit, crop or arrange your Content as we think fit to appear on the Website, and we may remove your Content at any time without any intimation to you.

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Website, you agree to the following:

You are solely responsible for the User Content that you make available via the Website.
You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
You will not post information that is malicious, false or inaccurate;
You will not submit any User Content that may be deemed as pornography, defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of the Company or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights).
You may not post content that impersonates any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Website is solely your responsibility. We are not responsible for any public display or misuse of your User Content. You shall keep HTML and its director harmless and indemnified in this regard.

If you wish us to remove your User Content from the Website, please send an email to podcasts@hindustantimes.com and we will do so within 15 business days of receiving your request. (However, we may retain copies of your User Content, not accessible to the public, on our backup servers even after you request removal.)

DISCLAIMER:

The Content or materials on the Website is provided “as is”. HTML makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a purpose, or non-infringement of intellectual property or other violation of rights. In furtherance HTML shall not be liable for any misuse or data theft because of your use of the Website. HTML also does not warrant that the functions contained in the Website will be uninterrupted or error free, that defects will be corrected, or the servers that make them available are free of viruses or other harmful components.

GOVERNING LAW:

You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the Indian laws. The Courts/Tribunals at Delhi/New Delhi shall have the exclusive jurisdiction over any disputes relating to the subject matter of this Agreement.