Terms of Service

I. Introduction

This document is an electronic record under the Information Technology Act, 2000 and the rules made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that requires publishing the rules and regulations, privacy policy and terms of use for access or usage of spark.live, sparktv.in, sparkdaily, homescreennetwork.com, thebigscope.com, spark.live (Site).

The Site is owned by Visitorweb Technologies Private Limited, a company incorporated under the [Companies Act, 2013] with its registered office at No. 334, Sunbeam, 7 A Main, Koramangala 4th Block, Bengaluru 560034, bearing CIN U74999KA2017PTC101114.

II. Acceptance of Terms

Please read the following terms of service very carefully as these terms of service, as amended from time to time (Terms of Service), are a legal agreement between ourselves, i.e., Visitorweb Technologies Private Limited, and you.

You must read and agree to be bound by the Terms of Service, before using Site or subscribing to any products or service made available through or on the Site, including the sale, supply, payment, delivery, return or rejection of [the products] or services made available on, through or in connection with this Site (collectively, Services).

By subscribing to or using or accessing the Site or the Services, you agree that you are at least 18 years of age and that you have read, understood and are bound by the Terms of Service, together with all related policies and guidelines of this Site, as indicated in these terms and conditions that are incorporated by reference. If you do not agree to be bound by the Terms of Service, do not use or subscribe to the Site or the Products / Services.

We at our sole discretion reserve the right to change, add, remove, amend or modify the Terms of Service or any portion thereof, at any time, without notifying you or assigning any reasons. You are responsible for regularly reviewing and understanding the Terms of Service. The most current version of the Terms of Service can be reviewed by clicking on the [•] hypertext link [insert hyperlink] located on the Site.

If you do not agree to any changes or updates to the Terms of Service, your remedy is to not use the Site and to cancel any accounts or Services you have signed up for. Your continued use of the Site or the Services after a change or update has been made to the Terms of Service will constitute your acceptance of such change or update.

If you violate any Terms of Service, we may issue a warning about the violation, or we may choose, at our sole discretion, to immediately terminate or suspend any and all accounts that you have established, without assigning any reasons.

You acknowledge that we are not required to provide you notice before terminating or suspending our Services but may choose to do so. We reserve the right to deny, in our sole discretion, any user access to the Site or Services without notice and for any reason (including, without limitation, for violation of these Terms of Service).

As long as you comply with these Terms of Service, we grant you a personal, non-exclusive, non-transferable, limited privilege to access and use the Site.

III. User Accounts

If any Service requires you to open an account (User Account), you must complete the registration process by providing us with current, complete and accurate information (including your email address and other contact details) as prompted by the applicable registration form.

You represent and warrant that all information provided by you in connection with your User Account, including any payment, contact or other details, are true, complete and accurate. You agree and undertake to indemnify us against all damages, costs or losses incurred by us due to wrong, false, inaccurate or incomplete information provided by you.

All communication to you will be carried out through the contact details provided by you while opening an account. You are responsible to ensure that any change in your User Account is reflected in the details by updating your User Account. [Where there is any change in any User Account details, during the pendency of Service, you are responsible and undertake to report such changes within 24 hours of requesting for such Service.]

You are responsible for maintaining the confidentiality of your User Account password and other account details and are entirely responsible for any and all activities that occur under your User Account. In case you suspect or identify any abuse of your User Account or any transaction through your User Account that is not carried out by you, you should immediately notify us in writing at redflag@homescreennetwork.com.

Where any Service utilises the account management of any other social networking site (e.g., Facebook, LinkedIn, MySpace, TikTok, Helo), you are responsible for maintaining the confidentiality of your password and account on such social networking site and are fully responsible for all activities that occur under such account.

All information shared by you while creating your User Account or accessing the Site is protected in accordance with our Privacy Policy.

IV. Limitations on Use of Services

Your license to use the Services or the Site is limited by the Terms of Service. All software made available to access the Services (Software) is copyrighted work owned by or licensed to us. We hereby grant you a personal, non-exclusive, non-transferable, revocable, limited scope license to use the Software solely for the purpose of viewing and using the applicable Services and the Site and for no other purpose whatsoever.

You agree and undertake not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, create derivative works from, adapt, translate, transfer, sell any information, software, products or services obtained from the Services or the Site, without our prior express written consent.

You may not reverse engineer, decompile or disassemble any Software, including any proprietary communications protocol used by such Software.

You may not use any software or hardware that reduces the number of users directly accessing or using the Services.

As a condition of your use of the Services and the Site, you will not use the Services or the Site for any purpose that is unlawful or otherwise prohibited by the terms, conditions and notices included in these Terms of Service.

You may not use the Site in any manner that could damage, disable, overburden or impair any server, or the network(s) connected to any server, or threaten or interfere with any other person’s use or enjoyment of the Site.

The provisions of this clause shall be subject to the provisions of clause 7 of the Terms of Service.

V. Rules of Conduct

The Site and Services provided may include email services, bulletin board services, blogs, reviews, forums or communication facilities designed to enable you to communicate with others or express your opinion (Communication Services).

You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service.

We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted on the Communication Services and to remove any materials at any time, without notice, for any reason and at our sole discretion. We also reserve the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

You acknowledge that chats, postings, conferences and other communication by users are not controlled or endorsed by us, and such communication shall not be considered reviewed, screened or approved by us.

Statements made in forums, conferences, bulletin boards and chats reflect only the views of their authors.

We specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in or viewing or other use of any Communication Services.

Managers and hosts are not our authorized spokespersons, and their views do not necessarily reflect our views.

You acknowledge and agree that your communication via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these Communications Services.

You acknowledge that personal information that you communicate on the Communication Services may be seen and used by others and result in unsolicited communications. Therefore, we strongly encourage you to not disclose any personal information about yourself in your public communications on our Communication Services.

We are not responsible for information that you choose to communicate to other users via the Communication Services, or for the actions of other users.

We reserve the right at all times to disclose any information or materials found on the Communication Services as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any such information or materials, in whole or in part, in our sole discretion.

In furtherance of the foregoing, and by way of example and not as a limitation, you agree that you will not access or use the Site, the Services, including any related Communication Services, in order to directly or indirectly do any of the following:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others or harm minors in any way;
  • Publish, post, upload, transmit, distribute or disseminate content that is harmful, abusive, vulgar, sexually explicit, defamatory, libellous, blasphemous, pornographic, paedophilic, libellous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
  • Use, upload, transmit, distribute or otherwise make available any material or information, including images or photographs, which are made available through such Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
  • Upload files that contain viruses, trojans, worms, time-bombs, cancelbots, corrupted files or data, or any other similar software or programmes that may damage the Site, operation of the Services or other users’ computer or that are designated to interrupt, destroy or limit the functionality of any computer resource;
  • Upload files that contain software or other information or material protected by third party intellectual property rights that belong to another person and to which the user does not have any right;
  • Host, display, upload, modify, publish, transmit, update or share any information that is misleading in any way or involves transmission of “junk mail”, “chain letters” or unsolicited mass mailing, or “spamming”;
  • Except as expressly authorized by us, advertise or offer to sell or buy any products or other material posted on the Site for any purpose, unless the Services specifically allow such messages;
  • Restrict or inhibit any other user from using and enjoying the Site or any Services;
  • Collect in any way personal information about others, including email addresses, or use such information to send unsolicited emails;
  • Violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services or the Software;
  • Impersonate or create a false identity or provide information that is false, incomplete or inaccurate;
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such Services, or other user or usage information or any portion thereof;
  • Attempt to get a password, other account information, or other private information from a member or any other user of the Services or the Site;
  • Use the Site, Services or Software to resell or make any commercial use of the Sites, Services or Software, or otherwise commercially exploit the same, without our prior express written consent;
  • Use the Services or the Site for fraudulent transactions;
  • Engage in commercial activities with our prior written consent such as conduct or forward surveys, contests, schemes or chain letters;
  • Violate any code of conduct or other guidelines applicable to any Service or the Site or any Terms of Service;
  • Deceive or mislead the addressee about the origin of messages, or communicate any information that is offensive or menacing in nature; or
  • Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognisable offence, or prevent investigation of any offence, or is insulting of any other nation.
  • VI. Content

    Content” shall mean the Software, communications, images, sounds, and all the material and information you see on the Site or in connection with the Services provided by us or by users of the Services.

    Strong or vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for the Site.

    Our representatives may monitor your communications on the Site. But we cannot monitor all of the Content on the Site, and we do not attempt to do so. If you encounter something you find objectionable and in violation of these Terms of Service, you can report it to redflag@homescreennetwork.com.

    We do not endorse, approve, or pre-screen any Content that you or any other third parties communicate. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Site.

    We do not assume any responsibility or liability for Content that is generated by third party sites or members, users or other guests on our Site.

    We have the right, but not the obligation, at our sole discretion, to edit, refuse to post, or remove any Content posted on the Site or in connection with any Service. Without limiting the foregoing, we or our affiliates have the right to remove any Content that is in violation of the provisions of these Terms of Service or is otherwise objectionable.

    You agree and are solely responsible for ensuring that you upload or otherwise transmit on or through the Service or the Site, Content that is not subject to any third-party rights including any intellectual property rights of third party. You represent that you have obtained all relevant consents and approvals in order to post any Content and that all such Content will be in accordance with applicable law.

    The provisions of this clause 6 shall be subject to the provisions of clause 7 of these Terms of Service.

    VII. Your Reviews

    The Site may allow you to post certain Content of your own, such as reviewing or allowing you to share your experience and views about a particular post, post your comments and reviews in relation to contents on the Site on specific pages of the Site, as well as submit any suggestions, comments, questions or other information to us using the Site (“User Content”).

    A User being the creator of the User Content is solely responsible for the User Content and review that is uploaded, published, transmitted or otherwise made available on the Site by such User.

    All views, reviews or opinions posted by a User is the personal view or opinion of such User and not our or the Site’s views or opinion. We do not endorse, approve, or pre-screen any such views, reviews or opinion. You bear the entire risk of the completeness, accuracy or usefulness of User Content found on the Site.

    We do not assume any responsibility or liability for User Content that is generated by third party sites or members, Users or other guests on our Site. We or the Site are not directly or indirectly liable for any such reviews, views or opinions, or for any use or reliance on such reviews, views or opinions by you.

    You hereby grant us a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content, and create derivate works of the User Content.

    VIII. Ownership

    The Site and Services, including, without limitation, all Software and Content, contain copyrighted material, trademarks and other proprietary information (including, without limitation, images, photographs, music, text, incorporated into the Software and data) associated with our Services.

    The entire contents of the Services and the Site and each area contained therein are copyright protected as a collective work under the laws of India. We, our licensors and our or their respective affiliates, as the case may be, own copyright in the selection, coordination, arrangement and enhancement of such Content. You acknowledge that we, our licensors and our or their respective affiliates, as the case may be, are and remain the owners of all rights, titles and interests including copyrights and other intellectual property rights, in and to all materials posted on the Services or the Site and derivative works thereof, and that you do not acquire any of those ownership rights by accessing or posting such materials.

    You hereby acknowledge and agree that you have no proprietary interest, moral rights, performer’s rights, copyright, or other intellectual property rights in any account details, photographs uploaded, other Content on the Site, or any other materials appearing in or generated by the use of the Services.

    You further assure us that: (a) any account details, photographs or other User Content provide by you are copyright free and do not infringe upon the intellectual property rights or privacy rights of any third party; (b) the User Content is accurate; (c) use of the User Content you supply does not breach these terms; (d) such User Content is lawful; and (e) while posting User Content on the Site, you shall not use any offensive, libellous, derogatory, hateful or racially or ethically objectionable language and that you will not post any User Content that is obscene, pornographic, or constitutes an “indecent representation of women” as provided in The Indecent Representation of Women (Prohibition) Act, 1986.

    You further acknowledge that other users and viewers of the Site have the right to copy, use, read and paste the information or other material posted by you on the Site.

    IX. Offers, Credits & Vouchers

    We may from time to time introduce vouchers, offers and such other promotional schemes on the Site. The terms and conditions governing these schemes shall be specified while introducing these schemes. Provided that in the event of any conflict between the Terms of Service and the terms and conditions of such schemes, the terms and conditions of the schemes shall prevail.

    X. Jurisdictional Issues and Export Control Laws

    We offer the products and Services from our offices in India. If you choose to access the Service from any other location, you do so on your own initiative and are responsible for compliance with all local laws, if and to the extent local laws are applicable.

    You agree to abide by applicable export control laws and not transfer, by electronic transmission or otherwise, any Content or any software or other materials subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization.

    You further agree not to upload to the Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.

    XI. Links to Third-Party Sites

    The links to third party sites appearing on the Site will let you leave the Site. These linked sites are not controlled by us and may collect data or solicit personal information from you.

    We, our licensors, and our or their respective affiliates and agents are not responsible for such linked sites, content, business practices or privacy policies, or for the collection, use or disclosure of any information by those sites.

    We provide such linked sites only as a matter of convenience and the inclusion of any link does not imply an endorsement by us of such linked sites. Before enabling any sharing functions to communicate with any such linked sites, we strongly recommend that you review and understand the terms and conditions, privacy policies, settings and information sharing functions of each such linked site.

    XII. Disclaimer of Warranty; Limitation of Liability

    We, our licensors and any of our or their respective affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sub-licensees, agents, franchisees or subcontractors (collectively, Parties) do not warrant any connection to, transmission over, or results or use of, any network connection or facilities provided (or failed to be provided) through the Site or Services.

    You are responsible for assessing your own computer and transmission network needs, and the results to be obtained therefrom. From time to time, we may scan your computer to confirm it meets minimum system specifications, and you hereby agree to provide information in connection with technical support issues including, without limitation, bug reports.

    YOU EXPRESSLY AGREE THAT THE USE OF THE SITE, SERVICES AND SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. YOU ARE SOLELY LIABLE FOR ANY BREACH OF THIRD PARTY RIGHTS CAUSED BY YOUR UPLOADING ANY FORM OF DATA, PHOTOGRAPHS OR OTHER CONTENT ONTO THE SITE, AND WE AND OUR AFFILIATES AND LICENSORS HAVE NO LIABILITY IN THIS REGARD.

    THE SITE, SERVICES AND SOFTWARE, AND ANY OTHER THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION UNDER APPLICABLE LAW.

    WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

    THE PARTIES ASSUME NO RESPONSIBILITY FOR ANY LOSS, COST OR DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, ITEMS OR CHARACTERS FROM DELAYS, NON-DELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY THE SITE, SERVICES OR SOFTWARE, OR BY YOUR OR ANY OTHER USER’S OWN ERRORS OR OMISSIONS.

    YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, THE PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM, OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES OR USE OF THE SITE, SERVICES OR SOFTWARE.

    YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ANY OF THE PARTIES IS TO STOP USING THE SERVICE.

    IN NO CASE SHALL THE PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SITE, SERVICES AND SOFTWARE, THE INTERNET, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES.

    IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEN, IN SUCH JURISDICTIONS, THE LIABILITY OF THE PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

    THE PARTIES DO NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SITE, AND WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

    THE PARTIES MAKE NO REPRESENTATIONS ABOUT THE QUALITY, SAFETY, SUITABILITY OR ANY OTHER ASPECT OF THE SERVICES OR INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE.

    THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SITE AND SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR ERRORS.

    THE PARTIES MAY MAKE IMPROVEMENTS OR OTHER CHANGES IN THE SERVICES AND SITE AT ANY TIME.

    XIII. General

    The Terms of Service are governed and shall be construed in accordance with the laws of India. By acceptance of these Terms of Service, you submit to the exclusive jurisdiction of the courts in Bengaluru, India.

    We may assign our rights or delegate or sub-contract our responsibilities under the Terms of Service, in whole or in part, at any time and at our sole discretion. Our rights and obligations under these Terms of Service, including any waivers and limitations thereof, shall inure to the benefit of, and shall be binding upon, such assignees or sub-contractors.

    Our performance of this agreement is subject to existing laws and legal process, and nothing contained in the Terms of Service is in derogation of our right to comply with any governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to, or gathered by, with respect to such use.

    You agree to indemnify and hold the Parties harmless from any claim, demand or damage, including reasonable attorneys’ fees, asserted by any third-party, or suffered by us due to or arising out of your use of the Services or the Site.

    If any part of the Terms of Service is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Service shall continue in effect.

    The Terms of Service, including the documents expressly incorporated by reference, constitute the entire agreement between you and us with respect to the Services and the Site, and such agreements supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Services or the Site. You represent that you have not relied on any such communications in choosing to accept the Terms of Service.

    A printed version of the Terms of Service and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent, and subject to the same conditions, as other business documents and records originally generated and maintained in printed form.

    Our failure to enforce at any time any of the provisions of the Terms of Service shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter.

    Our express waiver of any provision, condition or requirement of the Terms of Service shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

    Notwithstanding anything else in the Terms of Service, no default, delay or failure to perform on our part shall be considered a breach of this agreement if such default, delay or failure to perform is shown to be due to causes beyond our reasonable control.

    All notices given by you or required under the Terms of Service shall be in writing and addressed to: Visitorweb Technologies Private Limited, No. 334, Sunbeam, 7 A Main, Koramangala 4th Block, Bengaluru 560034.

    We may give notice to you by means of a general notice on the Service, electronic mail to your email address on record with us, or by written communication sent by post or overnight courier to your address on record with us.

    The Terms of Service and all correspondence and all documentation relating to this agreement shall be in the English.

    If you have any questions or concerns about this Terms of Service, please contact us at info@homescreennetwork.com.

    XIV. Grievance Redressal Mechanism

    In accordance with the Information Technology Act, 2000 and the rules made thereunder, the name and contact details of the grievance officer are provided below:
    Name: Rukmini Biswas
    Address: No. 334, Sunbeam, 7 A Main, Koramangala 4th Block, Bengaluru 560034
    Mobile No: +918448444262
    Email: rukmini@homescreennetwork.com