Content
Clause 5
Posting Content on the Platform
If you have an account, you can post your content (including, without limitation, Blogs, Artworks, Videos, and Projects) on the Platform and also comment on other users’ content (your content, comments, and/or any other communications made by you on the Platform shall be collectively referred to as your “User Content”). Please ensure that your User Content is not “Prohibited Content” as defined in clause 5.2. In particular, please ensure that all images that you use in your User Content are free from any third-party intellectual property claims. By posting your User Content on the Platform, you understand and agree that you shall be solely responsible for your User Content and any consequences of posting your User Content on the Platform. We reserve the right to temporarily restrict you from posting User Content on the Platform in accordance with the provisions of any of the Policies, Programs, Guidelines, and/or Agreements on the Platform (including, without limitation, under clause 11.3 of these Terms).
Prohibited Content
You are not allowed to post, and we will not host, any User Content that:
Is not is accordance with our Community Guidelines;
Does not have any educational value (Note: Examples include mere reproduction of facts without any analysis, drawings or pictures without any analysis or criticism, verbatim news reports or news reports with personal comments etc.);
Is not unique, is highly plagiarized, or is not adequately cited;
Belongs to another person and to which you do not have any right;
Is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating to or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
Is harmful to a child;
Promotes harmful and/or illegal activities;
Is sexually explicit in nature (Note: We allow artistic expressions of nudity and/or erotica on the Platform which is educational in nature);
Infringes any 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 the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
Impersonates another person;
Contains the private information of other people (like phone numbers or addresses), unless you have express permission in writing from them to post such information;
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 cognisable offence or prevents investigation of any offence or is insulting other nations;
Contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; or
Is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
Any User Content that falls within any of the categories of content mentioned above shall be referred to henceforth as “Prohibited Content”.
Content Reporting and Takedown
We do not allow any User Content on the Platform which is Prohibited Content. Any person who believes that any User Content on the Platform is Prohibited Content can inform us of the same by sending us an email at thesocialcomments@gmail.com with the relevant details of the User Content in question along with your reasons/proof that the said content is Prohibited Content. Please note that any complaints which are based on infringement of any intellectual property rights will be dealt with in accordance our Intellectual Property Dispute Mechanism and any person who wishes to file such a complaint should follow the procedure outlined in the aforementioned mechanism.
If we receive a complaint that any of your User Content is Prohibited Content (except where such complaints are based on an infringement/violation of any intellectual property rights), we shall inform you of the complaint within twenty-four (24) hours of receiving the complaint and shall begin investigating the complaint. We shall try to finish our investigation within forty-eight (48) hours of receiving the complaint but it may take us up to seven (7) days. If we agree with the complaint and find your User Content to be Prohibited Content, we shall inform you of the same and you shall have twenty-four (24) hours to take down the content in question. If you fail to take down the content within twenty-four (24) hours, we shall remove the content from the Platform without giving any notice for the same. We may also investigate any of your User Content to see if it is Prohibited Content under this sub-clause without receiving a complaint in this regard.
If you are dissatisfied with our determination that any of your User Content is Prohibited Content, you can send us a email at thesocialcomments@gmail.com with your objections/explanations within twelve (12) hours of the content being taken down/removed from the Platform. We shall look into your objections/explanations and take a final and non-appealable decision within seven (7) days of receiving your objections/explanations. If we find your objections/explanations to be valid, we will reupload/restore the content in question. Please note that you may post a modified version of any of your User Content which has been taken down/removed as long as the modified version removes/modifies the aspects of the original version which were identified as Prohibited Content.
If we receive a complaint under our Intellectual Property Dispute Mechanism that any of your User Content is Prohibited Content because it infringes/violates any other person or entity’s intellectual property rights, we shall remove the content in question within thirty-six (36) hours of receiving the complaint. We shall supply you with a copy of the complaint once we have removed the content. If you are dissatisfied with our decision to remove your content, you can send us an email at thesocialcomments@gmail.com with your objections/explanations within twenty-four (24) of the removal of your content. If we find your objections/explanations to be valid and if the complainant fails to initiate an infringement suit against you and obtain a favourable order from a competent court having jurisdiction within twenty-one (21) days from the date we received their complaint, we may, at our sole discretion, reupload/restore the content in question. However, if the complainant succeeds in obtaining a favourable court order from a competent court at any time after the expiry of the twenty-one (21) day period, we shall remove the reuploaded/restored content from the Platform permanently
Notwithstanding anything in this clause or the rest of these Terms, we retain the right to remove any User Content from the Platform at any time for any or no reason (including, without limitation, where we are required to do so under any applicable laws or when we are ordered or requested to do so by any competent authority) and with or without following the procedure prescribed in these Terms.
Consequences for repeatedly posting Prohibited Content
If we determine that you have posted User Content that is Prohibited Content more than two (2) times, we shall temporarily freeze your account in accordance with clause 4.4 of these Terms. You can send us an email at thesocialcomments@gmail.com with your explanations for why you posted Prohibited Content along with reasons for why we should restore your account within seven (7) days of your account being frozen. If you fail to do so within seven (7) days or if we do not find your explanations/reasons to be convincing, we may terminate your account in accordance with clause 11 of these Terms.
If we find your explanations/reasons to be convincing, we shall unfreeze your account and restore control of your account back to you. We shall monitor your activity on your account for ninety (90) days from the date we restore control of your account back to you. We may terminate your account in accordance with clause 11 of these Terms if you post any Prohibited Content during the ninety (90) day period your account is being monitored.