TERMS AND CONDITIONS

BY INSTALLING, CREATING A USER ACCOUNT AND/OR USING THE MOBILE APPLICATION, WEB APPLICATION, WEBSITE WWW.XUBBA.ME ("PLATFORM"), ANY OF THE SERVICES, FEATURES, CONTENT, FUNCTIONALITIES OR APPLICATIONS OF XUBBA ITECH PRIVATE LIMITED ("COMPANY" or "WE"), OFFERED THROUGH THE PLATFORM OR OTHERWISE (COLLECTIVELY REFERRED TO AS "SERVICES"), YOU INCLUDING THE PERSONS WHO BROWSE, OR WHO AVAIL THE SERVICES ("USERS") AND THE INFLUENCERS AND THE CELEBRITIES WHO ARE CONTRIBUTORS OF THE CONTENT (“CELEBRITY USER”), AGREE TO THESE TERMS AND CONDITIONS WHICH CONSIST OF “TERMS OF USE”, “PRIVACY POLICY”, “BROADCASTER AGREEMENT” AND “REFUND POLICY” INCLUDING AND TO THE EXTENT APPLICABLE THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK SUCH AS THE CELEBRITY SPECIAL AGREEMENT AND PRIVACY POLICY AS AVAILABLE ON THE PLATFORM AND ANY AGREEMENT THAT MAY BE EXECUTED BY YOU WITH THE COMPANY (“TERMS AND CONDITIONS”).

This document is an electronic record in terms of the Information Technology Act, 2000 ("IT Act") and the rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the IT Act and is published in accordance with the provisions of applicable laws, including the Consumer Protection (E-Commerce) Rules 2020, that require publishing the rules and regulations, privacy policy and terms of use for access or usage of the Platform. This electronic record is generated by a computer system and does not require any physical or digital signatures.

We reserve the right to update or modify these Terms of Use at any time with or without prior notice. Your access and use of the Platform or the Services following any such change constitutes your agreement to follow and be bound by these Terms of Use, as updated or modified. For this reason, we encourage you to review these Terms of Use each time you access and use the Platform and/or avail the Services. If you are an Celebrity User, please also refer to Celebrity User Special Terms, which form an integral part of these Terms of Use.

Notwithstanding anything contained herein, if you breach the Terms of Use, the Company reserves the right to take any legal or other action against you, including but not limited to, denying or revoking access to the Platform and the Services and referral to the appropriate authorities.

1. XUBBA

By creating an account on our Site, you agree to provide true, accurate, current, and complete information. You agree not to create a Site account using a false identity or providing false information or if you have previously been removed or banned from our Site. You are responsible for maintaining the confidentiality of your Site account information, including your username and password. You are responsible for all activities that occur on or in connection with your Site account and you agree to notify us immediately of any unauthorized access or use of your Site account. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your Site account.

You further represent that all the Content uploaded by you:

  1. i.does not contain any material that is obscene, defamatory, libellous, slanderous or injurious to anyone. In the event of breach of this term, you shall fully indemnify and hold harmless the Company against any and/or all losses (direct and indirect), actions, claims, damages, costs and expenses incurred by the Company;
  2. any and all opinions and views stated in the Content are genuinely held by you;
  3. any and all statements in the relevant Services regarding your use and experience of the brand or brand’s product or services are true and correct and representative of your opinion;
2. XUBBA PERSONALIZED VIDEOS
  1. Through our Site, you may obtain personalized videos (“XUBBA Videos”) from celebrities, including athletes, actors, performers, artists, influencers, and others (each, a “Celebrity User”). You may submit a request to a Celebrity User for a XUBBA Video that is personalized for you or a third party that you identify as a recipient (“Recipient”).
  2. You acknowledge and agree that the Celebrity User has sole discretion to determine how to fulfill your request and the content of the XUBBA Video created, and may not follow your request exactly. We reserve the right to reject any request in our sole discretion. The Celebrity User has up to seven days (at our sole discretion) to fulfill or decline your request. Once your request is fulfilled, your payment method will be charged the amount specified on the Celebrity User’s booking page on our Site at the time you submitted the request.
  3. XUBBA Videos are licensed, not sold. You are buying the right (or license) to use it, not the actual XUBBA Video itself.
  4. Subject to your payment in full, the Celebrity User hereby grants to you the following limited rights to use the XUBBA Video (other than a Business XUBBA Video)  solely for your own personal, non-commercial, and non-promotional purposes, subject to these Terms: a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display that XUBBA Video, in any and all media (for example, on social media platforms), whether now known or hereafter invented or devised.
  5. e.You may not sell, re-sell, or encumber your rights in any XUBBA Video. You may sublicense your rights in a XUBBA Video only to the extent necessary for you to use the XUBBA Video as permitted under these Terms (for example, sharing it (if it is not a Brand XUBBA Video) with friends on a social media platform or sending it to a Recipient for personal, non-commercial, and non-promotional purposes as set forth above)..
  6. You may use a XUBBA Video only in accordance with these Terms, which includes our Acceptable Use Policy. We may terminate all or part of the foregoing licenses at any time for any reason. We reserve the right to remove a XUBBA Video from our Site at any time for any reason without any notice to you.
3. BUSINESS XUBBA VIDEOS
  1. Some Celebrity Users in India may offer XUBBA Videos for the promotion of a Recipient that is a single Indian commercial entity, brand, or business ("Business") through our Site (each, a "Brand XUBBA Video"). Except as noted, each Brand XUBBA Video is a XUBBA Video under these Terms. When you submit a request for a Brand XUBBA Video, you must specifically identify the Business, the types of goods or services that it offers, as well as the specific product, service, or brand that you request the Celebrity User to mention or refer to, and any other requested information.
  2. Subject to your payment in full, the Celebrity User hereby grants to you the following limited rights to use the Brand XUBBA Video solely for the reasonable promotional purposes of the Business for 40 days from the date the Business XUBBA Video is sent by Xubba to you (and for any additional periods that have been agreed), subject to these Terms:
    1. a non-exclusive, royalty-free, fully paid, worldwide, sublicensible, revocable license to use, reproduce, distribute, and publicly display that Brand XUBBA Video only on or in one of the following (as designated at the time of the request): (A) one website wholly-owned, operated, and controlled by the Business; (B) one social media account, such as Facebook, Instagram, LinkedIn, SnapChat, or Twitter; in each case, where the website and social media account is wholly-owned, operated, and controlled by the Business, along with the right to advertise and promote the display of the Brand XUBBA Video on the social media account through advertising only on the applicable social media platform; (C) one communication sent through a Business-operated and controlled channel of communication (such as an email blast or text message); (D) if the Business has fewer than 1,000 employees, one event conducted and operated by the Business (for example, a company-wide meeting).
      2. You may sublicense your rights in a Brand XUBBA Video only to the extent necessary for you to use the Brand XUBBA Video as permitted under these Terms (for example, posting it on a website or social media account as set forth in this section 3.b.).
    No other use is authorized under these Terms

    To request other uses (for example, additional time; use on additional websites, social media accounts, or communications; the ability to add a Business name or logo as a watermark, etc.), contact us at support@xubba.me

  3. Brand XUBBA Video Representations and Warranties:You represent and warrant that:
    1. the Business is located, and operates, in India and the Brand XUBBA Video will be directed to the Indian audience;
    2. any information provided to Celebrity is factually correct and not misleading and is not disparaging or defamatory;
    3. you and the Business will comply with all applicable laws, rules, and regulations, including the Federal Trade Commission “Guides Concerning the Use of Endorsements and Testimonials in Advertising,” which may require adding an appropriate hashtag (e.g. #ad, #sponsored) or other disclosure to the Brand XUBBA Video; and
    4. you have all rights necessary (including from the Business) to request a Brand XUBBA Video on behalf of the Business, to agree to these Terms on behalf of the Business, and to request and use the Brand XUBBA Video as authorized in these Terms, including all rights necessary to use any information, Business name, trademark, trade name, trade dress, or logos provided in connection with your Submission.
4. XUBBA LIVE (Broadcast)

Xubba enables you to view live stream audiovisual content (“Broadcast Content”) which created and transmitted by another user (“Broadcaster User”). You acknowledge and agree that Xubba does not pre-screen any Broadcast Content transmitted by any user. Xubba uses automated, semi-automated, and manual checks of Broadcast Content, however you understand and agree that Xubba cannot find all objectionable Broadcast Content and makes no warranties to you with respect to any Broadcast Content. If you do find any problems in any Broadcast Content, we want your help to solve them. Please notify Xubba immediately.

    1. Eligibility and Additional Restrictions.
    1. You may only be a broadcaster if you are eighteen (18) years of age or older, and any transmitting of Broadcast Content by anyone under eighteen (18) is unauthorized, unlicensed, and in violation of this Agreement.
    2. You are solely responsible for the completeness, truth and accuracy of any Broadcast Content transmitted or displayed by you in the Software using the Broadcasting Services. Any Content transmitted by you will be considered non-confidential and non-proprietary. Without derogating from the above, you shall possess all authorizations, licenses, consents and permissions necessary to publish or distribute any of the Broadcast Content to any person (including the right of Xubba to use such Broadcast Content in accordance with the Terms and Conditions).
    3. The Broadcasting Services are for personal use only. You shall not allow others to use the Broadcasting Services through your Xubba account. If your access to the Broadcasting Services has been suspended, limited or terminated by Xubba, you shall not create another Xubba account or request others to create another Xubba account in your favour.
    2. Diamonds Program.

    The Services may offer a feature allowing you to “purchase” (i) virtual currency, including virtual coins (“Coins”) for use in the Service, or (ii) virtual in-Service items (“Gifts” and together with Coins, “Digital Gifts”). You acknowledge and agree that the purchase of any Digital Gifts by you must be made lawfully and with actual currency. Any Digital Gifts that are gifted to a Broadcaster User (or received thereby) are converted in the Broadcaster User’s account to, and are referred to herein as, “Diamonds”. Notwithstanding your purchase or possession of Digital Gifts, you acknowledge and agree that you do not in fact own the Digital Gifts, and the amounts of any Digital Gifts in your Xubba account do not refer to any credit balance of real currency or its equivalent. Instead, you understand that the license to you from Xubba hereunder to use the Software and Services includes the right to use certain software programs included in the Services that may manifest themselves as these Digital Gifts.

  1. Any distribution of Digital Gifts by you is made solely in your discretion. Once you have made a distribution of a Digital Gift to another user, such action cannot be refunded or undone, and the Digital Gift cannot be withdrawn.
  2. You acknowledge and agree that your distribution of Digital Gifts to a Broadcaster User may result in some revenue to the Broadcaster User. Xubba makes no representation or guarantee that the amount or value in your Xubba account of any Digital Gift you distribute to a Broadcaster User will correlate in any way to the value of the Diamonds received by the Broadcaster User, or to the revenue such Broadcaster User may receive from Xubba. The amount of revenue delivered to a Broadcaster User in exchange for Diamonds or otherwise, if any, is determined by Xubba in its sole discretion
  3. The purchase of a Digital Gift is considered a completed transaction when Xubba provides confirmation of receipt of an electronic payment from you via the online application store from which you downloaded the Software or via the Xubba’s electronic payment provider with respect to the web product (the “Application Store”). The purchase of Digital Gifts requires actual money. If you disagree with any part of, or do not fully understand Xubba’s exchange rate policy as described below, please refrain from purchasing or using any Digital Gifts.
  4. The value (i.e. the exchange rate) of Digital Gifts is determined by Xubba in its sole discretion, and Xubba further reserves the right to modify the exchange rate between actual currency and Digital Gifts from time to time, with or without reason, in its sole discretion. By your use of the Services, you confirm your understanding of and accept the then-current exchange rate of any Digital Gifts at the time of your purchase.
  5. Any virtual currency balance shown in your Xubba account does not constitute a real world balance or reflect any stored value. You will not be able to sell Digital Gifts, whether in exchange for virtual or real currency credited back to your Xubba account or otherwise, nor will you be able to receive a refund of virtual or real currency for Digital Gifts (including any virtual currency), including if your access to the Services has been suspended, limited or terminated by you or by Xubba.
  6. In the event your Xubba account balance with respect to Digital Gifts is incorrect due to system maintenance or other technical failures as determined by Xubba in its sole discretion, Xubba will use commercially reasonable efforts to correct your Xubba account balance. You may contact us regarding your Xubba account balance, purchases of Digital Gifts and/or distributions of Digital Gifts at support@xubba.me.
  7. Your use of any Digital Gifts must be solely for legitimate purposes within the Services, and must comply with these Terms and Conditions and with all applicable laws at all times. You acknowledge and agree that Xubba may change, modify or update the terms of sale in connection with Digital Gifts from time to time, and that such revised terms will apply to all subsequent purchases of any Digital Gifts, and you further agree that you will review these Terms and Conditions and any terms regarding the sale of Digital Gifts prior to making any purchase.
5. XUBBA SHOTS

We strongly believe in the freedom of expression and allow you to share any photographs, user videos, and other content on our Platform. We do not have any ownership over any of the content shared by you and the rights in the content remain only with you. You will not use our Platform to violate or infringe upon our or any third-party’s intellectual property rights. Such content is against Xubba Content and Community Guidelines and may be removed from the Platform. Further, if you use any content developed by us, then we shall continue to own the intellectual property rights in such content.

By sharing/posting/uploading any photographs, user videos and any other content, using our Services, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You may delete your content and/or account at any point. However, your content may continue to appear on the Platform if it has been shared with others. To learn more about how we use information, and how to control or delete your content, please read the Xubba Privacy Policy. You remain solely responsible for the content you post on our Platform. We do not endorse and are not responsible for any content shared or posted on or through our Platform, and for the consequence of such sharing or posting. The presence of our logo or any trademark on any content shared by you does not mean that we have endorsed or sponsored your content. Further, we will not be liable for or responsible for the consequences of any transactions made or entered into by you with other users of the Platform.

You will always have ownership and responsibilities for the content you share. We will never claim that we have intellectual property rights over your content, but will have a free of cost, permanent license to use what you share and post on our Platform.

6.ACKNOWLEDGEMENT

You acknowledge and agree that:

  1. Xubba will not be liable or responsible for any XUBBA Video or other offering requested by you or any Submission (defined below) you make;
  2. you have no expectation of privacy with respect to any XUBBA Video requested by you or any Submission (defined below) you make, and that you will not make any request or Submission that infringes on the privacy or other rights of a third party;
  3. the XUBBA watermark on each XUBBA Video must remain intact and you agree not to edit, change, modify, cover, or remove the watermark from any XUBBA Video or assist or encourage any third party to do so; you further agree not to edit, change, modify, or create any derivative work of a XUBBA Video or assist or encourage any third party to do so;
  4. if you breach any provisions of these Terms, we terminate your access to our Site, or we remove or ban you (or any Site account you created or control), your license to use any XUBBA Video, or other offering under these Terms terminates and you must: promptly remove all copies of any XUBBA Video, or other offering in your possession or control, including from any social media platform; notify any Recipient of the termination and instruct them to do the same, and take any other action we reasonably request, including identifying each Recipient; and
  5. without limiting any of our rights, any request you submit through our Site may be rejected by us or by a Celebrity User; if that happens more than once, we may terminate your access to our Site, remove or ban you (and any Site account you created or control), or take other appropriate action in Xubba’s sole discretion, including terminating your license to use any XUBBA Video or other offering under these Terms and requiring you to take the actions outlined in Section 4.d.
7. ADDITIONAL TERMS

Some products or services offered through the Site may have additional terms and conditions (“Additional Terms”). If Additional Terms apply, we will make them available to you in connection with that product or service. By using that product or service, you agree to the Additional Terms. To the extent that the Additional Terms conflict with any of these Terms, these Terms will govern unless the Additional Terms say that some or all of these Terms don’t apply.

8. ELIGIBILITY
  1. Age: You must be at least 18 years old to use our Site.
  2. Eligibility Representations and Warranties: You represent and warrant that:
    1. you have not been prohibited from using or accessing any aspect of our Site by us or pursuant to any applicable law or regulation;
    2. you will comply with all applicable terms of any third-party payment provider we select, and you are not on a prohibited list of that payment provider;
    3. you (and any Site account that you created or control) have not been previously banned or removed from our Site for any reason; and
    4. you are not a convicted sex offender.
9. FEES AND PAYMENT
  1. Fees: The fee for a XUBBA Video or other offering is specified on the Celebrity User’s booking page on our Site when you make your request. You agree to pay all amounts due in accordance with the payment terms in effect when you submit your request or purchase, including any applicable service, transaction, or processing fees.
  2. Payment: You may request a XUBBA Video by using the “Coins” purchased by a valid payment card through the applicable third-party payment provider (for our website and App for Android, the payment provider we select). You must provide the third-party payment provider with valid payment information (Visa, MasterCard, or other issuer accepted by the payment provider). You acknowledge and agree that Xubba does not operate, own, or control the payment provider. Your use of your payment card is governed by your agreement with and the privacy policy of the payment provider, not these Terms. You agree to immediately notify the payment provider of any change in your billing address (or other information) for your payment card. You may not return or exchange a XUBBA Video and no refunds will be issued.
  3. Xubba reserves the right (but is under no obligation) to cancel your XUBBA Video request if: (i) your payment method is declined; or (ii) you have previously been banned or removed from our Site for any reason. Xubba also reserves the right at any time to change its fees and payment procedures, including its payment options and terms, either immediately upon posting on our Site or by other notice to you.
  4. Refund : In case the XUBBA video is declined or not accepted by the celebrity, the amount of coins that were used to request the wish will be refunded to your Xubba Wallet.
  5. Payment Questions: If you have a question about a purchase made on the App or a charge to your payment card, please contact us at support@xubba.me. We have the sole discretion to determine how billing disputes between us will be resolved.
10. OWNERSHIP
  1. You acknowledge and agree that each XUBBA Video or other offering from a Celebrity User is owned by the Celebrity User who created it.
  2. We or our licensors own all right, title, and interest in and to: (i) our Site and the “look and feel” of our Site, including all software, ideas, processes, data, text, media, and other content available on our Site (individually, and collectively, “Xubba Content”); and (ii) our trademarks, logos, and brand elements (“Marks”). Our Site, Xubba Content, and Marks are each protected under Indian and international laws. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, visual design elements, or concepts without our prior express written consent
  3. You hereby grant to us a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised (including social media platforms), to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, create derivative works of, and otherwise use the following for the purposes of operating and providing our Site, developing and improving our products and services, and advertising, marketing, and promoting our Site and our products and services: (i) any request (video, text, or otherwise) that you make or send to any Celebrity User, including information concerning any Recipient; and (ii) any submission that you make to Xubba, whether through our Site, a social media platform, third party website, or otherwise, including a reaction video, idea, intellectual property, publicity rights, Feedback (defined below), review, photo, video, email, text, post, or other communication, whether relating to you, or a third party (i) and (ii) each, individually, and collectively, a “Submission”). You represent and warrant that you either: (x) own all rights to any Submission; or (y) have all rights necessary, including with respect to any third party that contributed to, is included in, or is referred to, in any Submission, to grant to us the foregoing rights. You will not make any Submission that is confidential or proprietary or that contains or includes any information that you do not have the right to disclose or that you or any Recipient do not wish to be disclosed. Xubba will not be responsible or liable for any use or disclosure of a Submission, including any personal information belonging to you, a Recipient, or a third party.
  4. We may, for any reason, refuse to accept or transmit a Submission or refuse to remove a Submission from our Site. Further, we reserve the right to decide whether a Submission violates these Terms and may, at any time, without notice to you and in our sole discretion, remove your Submission, terminate your access to our Site, remove or ban you (and any Site account you created or control), or take other appropriate action in our sole discretion for violation of these Terms.
  5. Xubba desires to avoid the possibility of future misunderstandings if a project developed by any Xubba Party (as defined below) may seem similar to your Submission. If your Submission consists of any idea, suggestion, proposal, plan, or other material related to our business (individually, and collectively, “Feedback”), you acknowledge and agree that you are submitting that Feedback at your own risk and that Xubba has no obligation (including no obligation of confidentiality or privacy) with respect to that Feedback, and you grant to Xubba a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised, to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of (for example, translations, adaptations, or other changes), and otherwise use and exploit in any manner (including commercially), any and all Feedback.
  6. You hereby waive any and all moral rights or “droit moral” that you may have in any Submission, including Feedback, and you represent and warrant that no third party has any moral, “droit moral,” or other rights in Submission, including Feedback.
11. CONTENT
  • Content transmitted by the use of the Software and Services is entirely the responsibility of the person from whom such Content originated. You use the Software and Services at your own risk and understand that by using the Software or any of the Services, you may be exposed to Content that is offensive, harmful to minors, indecent or otherwise objectionable. Any use or reliance on any Content is solely at your own risk. Xubba does not endorse any Content and expressly disclaims any and all liability in connection with any and all Content transmitted or displayed using the Software and/or Services. You hereby release and discharge the Xubba Parties from any and all claims and demands arising out of or relating to any Content.
  • You acknowledge and agree that you are solely responsible for your conduct and any Content that you transmit or display through the Software or Services and that Xubba is not responsible to you or any third party in connection with any Content. Xubba reserves the right (but not the obligation) to remove, edit or refuse to transmit any Content for the purpose of enforcing the Terms and Conditions, or for any other reason in Xubba’s sole discretion, but does not regularly review Content. You further agree to pay for all royalties, fees, and any other monies owing any person by reason of any of your Content. In addition, you represent, warrant and agree that: (a) you are the creator and owner of or have the necessary rights to transmit or display the Content; and (b) the Content you transmit or you display does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, mask work right, moral right, privacy right, right of publicity, trade dress and service mark right, goodwill, or any other intellectual property or proprietary right as may now exist or hereafter come into existence, (ii) require Xubba to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties, (iii) result in a breach of contract between you and a third party or will not be in violation of any applicable law or regulation, (iv) contain any information that is confidential or proprietary to a third party, or (v) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person. VIOLATORS OF THESE THIRD-PARTY RIGHTS MAY BE SUBJECT TO CRIMINAL AND CIVIL LIABILITY. XUBBA RESERVES ALL RIGHTS AND REMEDIES AGAINST ANYONE WHO VIOLATES ANY OF THE PROVISIONS OF THE TERMS AND CONDITIONS.
12 SAFETY

We try hard to keep our Services a safe place for all users. But we cannot guarantee it. That is where you come in. You agree that in connection with the use of the Service and Platform that:

  1. You will not use the Services for any purpose that is illegal or prohibited in these Terms.
  2. You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.
  3. You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
  4. You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
  5. You will not post content that can be considered to infringe any Intellectual Property rights of any third party.
  6. You will not infringe any patent, trademark, design, copyright or other proprietary rights or violate any right of any third party, including privacy rights, publicity rights, and intellectual property rights;
  7. You will not falsely represent yourself as another person or representative of another person to use our Services.
  8. You will not use or attempt to use another user’s account, username, or password without their permission.
  9. You will not solicit login credentials from another user.
  10. You will not post content that may be considered as harmful to minors.
  11. You will not post content that contains or links to pornography, graphic violence, threats, hate speech, or incitements to violence.
  12. You will not post, save or send nude or sexual content involving anyone under the age of 18 – even of yourself. Never ask a minor to send explicit imagery or chats. We report child sexual exploitation to authorities.
  13. You shall not create, upload, post, display, publish or distribute User Content that promotes or advertises escort services;
  14. You will not threaten to harm a person, a group of people or someone’s property. Encouraging violence is prohibited on Xubba.
  15. You will not post photos, Videos, live stream & other content of gratuitous violence, including animal abuse.
  16. We don’t allow the glorification of self-harm, including the promotion of self-injury or eating disorders.
  17. You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
  18. You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
  19. You will not probe, scan, or test the vulnerability of our Services or any system or network.
  20. You will not post any content that in any way or form 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 any other nation.
  21. You will not post any content that demeans, defames or promotes discrimination or violence on the basis of race, ethnicity, national origin, religion, sexual orientation, gender identity, disability or age.
  22. We prohibit malicious deception and deliberately spreading false information that causes harm, such as denying the existence of tragic events.
  23. Don’t use Xubba for any illegal activities – including to buy or sell illegal drugs, contraband, counterfeit goods or illegal weapons.
  24. Terrorist organisations are prohibited from using our platform and we have no tolerance for content that advocates or advances terrorism.
  25. You will not encourage or promote any activity that violates these Terms.

Despite the Company’s efforts detailed below, it is physically impossible for the Company to control all of the Content that the Users encounter in the process of using Xubba and the Xubba App. Therefore, you should use Xubba at Your own risk and understand that by using Xubba, you may be exposed to Content that is offensive, pornographic, indecent, or otherwise objectionable. Unless otherwise stipulated under applicable law, the Company expressly disclaims any and all liability in connection with any and all Content created, transmitted or displayed using Xubba and without any involvement of the Company. You hereby release and discharge the Company from any and all claims and/or disputes arising out of or relating to such Content.

Monitoring of Inappropriate Content

The Company monitors Your Content in various ways, including automated and human methods, to the legal and technological extent permitted, in order to detect Content in violation of relevant laws, these Terms and/or the User Guidelines, or Content that is inappropriate and/or indecent. You understand and agree that the Company may monitor or review any and all Content that You transmit or share through Xubba.

13. GRANT OF RIGHTS TO XUBBA.
  1. if you transmit or share your Content in the Services or otherwise share your Content with or link your Content to the Services, for example, through Reference Sites or other third-party applications connected to your Xubba account, you represent and warrant that you have all rights necessary to grant, and you hereby expressly grant, to Xubba, its licensors and other Xubba partners a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, host, store, reproduce, modify, adapt, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, transmit, communicate to the public, make available, make derivative works of, and otherwise exploit and use, all such Content and any name, voice, image and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Software and Services and Xubba’s (and its successors’ and affiliates’) businesses, including without limitation for promoting and redistributing part or all of the Software or Services (and derivative works thereof) in any media formats and through any media channels. For clarity, the rights granted by you in this Section to Xubba include the right to reproduce your Content on a royalty-free basis and that Xubba will have no obligation to pay royalties to you or any third party involved in the creation of your Content. Further, you understand that the license grants by you to Xubba hereunder will survive any termination of your use of the Software or Services.
  2. Any Content transmitted by you will be considered non-confidential and non-proprietary, and treated as such by Xubba, and may be used by Xubba in accordance with these Terms and Conditions without notice to you and without any liability. You waive any rights to prior inspection or approval of any marketing or promotional materials related to any Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any Content you transmit or display through the Services.
  3. You agree and acknowledge that Content you transmit through the Services may be distributed, viewed and accessed and commented by other users of the Software or Services and that Xubba will not be held liable for any unauthorized use of Content or any comment thereon by any person.
  4. You acknowledge and agree that Xubba may collect, use and share information related to your use of the Services as described in the Privacy Policy, and including certain information contained in the Devices to which you have downloaded the Software for purposes of your use of the Services, such as the address books and unique phone identifiers (IMEI, Google Advertisements ID, or other) contained in such Devices.
  5. You hereby acknowledge and agree that Xubba may contact you via email or SMS, through the Services, or otherwise for the purpose of informing you about new products, services or promotions offered by Xubba (you can opt-out of such emails by clicking on the unsubscribe link or of such SMSs by replying stop). Please see our Privacy Policy for additional information on how we may contact you.
14. PRIVACY

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share personal information and other data. By using our Site, you agree to our Privacy Policy.

15. THIRD PARTY CONTENT AND INTERACTIONS
  1. Our Site may contain features and functionalities that link to or provide you with access to third party content, that is completely independent of Xubba, including XUBBA Videos, websites, platforms, directories, servers, networks, systems, information, databases, applications, software, programs, products or services, and the Internet in general. Your interactions with third parties, including users and Celebrity Users, found on or through our Site are solely between you and the third party. You should make whatever investigation you feel necessary or appropriate before proceeding with any contact or interaction, in connection with our Site or otherwise. However, you agree not to contact or interact with any Celebrity User except as expressly permitted through our Site. You also agree that Xubba may, in its sole discretion, intercede in any dispute and you will reasonably cooperate with Xubba if it does so. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities of any kind or nature incurred as the result of any such interaction. You hereby release each Xubba Party (defined below) from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or our Site.
16. COPYRIGHT POLICY

XUBBA respects the intellectual property rights of others and expects Users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to Us. These notices should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim a user by may result in the termination of the Account of such user. If You believe that Your User Content or any other User Content has been copied in a way that constitutes copyright infringement, please provide Us with the following information:

  1. a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  2. identification of the copyrighted work claimed to have been infringed;
  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material;
  4. Your contact information, including Your address, telephone number, and an email address;
  5. a statement by You that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. undertaking that You shall file an infringement suit in the competent court against the person responsible for uploading the infringing copy and produce the orders of the competent court having jurisdiction, within a period of twenty-one days from the receipt of the take down notice by XUBBA; and
  7. a statement that the information in the notification is accurate, and, under penalty of perjury, that You are authorized to act on behalf of the copyright owner.

We reserve the right to remove any User Content alleged to be infringing without prior notice and at Our sole discretion. On appropriate circumstances, XUBBA may also terminate a User's Account if the User is determined to be a repeat infringer.

You shall be strictly complying with Xubba Terms of Use. Any violation of the XUBBA Community Guidelines shall amount to termination of Your User’s Account with XUBBA.

17. LINKS

Our Site may contain links to social media platforms or third party websites. You acknowledge and agree that: (a) the link does not mean that we endorse or are affiliated with the platform or website; and (b) we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to your use of the platform or website. You should always read the terms and conditions and privacy policy of a platform or website before using it.

18. CHANGES TO OUR SITE

You acknowledge and agree we may change or discontinue any aspect of our Site at any time, without notice to you

19. TERMINATION AND RESERVATION OF RIGHTS

You may cancel your Site account at any time by contacting a member of the Xubba team at support@xubba.me. We reserve the right to terminate access to our Site to any person, including you, at any time, for any reason, in our sole discretion. If you violate any of these Terms, your permission to use our Site automatically terminates.

20. INDEMNIFICATION

You agree to indemnify, defend and hold harmless us, and our subsidiaries, affiliates and agents and their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind arising out of: (i) your access to or use of the Platform and Services; (ii) any breach by you of your obligations under this Agreement; (iii) your violation of the rights of any third party, including any infringement of intellectual property, or of any privacy or consumer protection right; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; (v) your negligence or wilful misconduct. This obligation will survive termination of our Terms.

21. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOUR USE OF THE PLATFORM, SERVICES AND THE CONTENT IS SOLELY AT YOUR OWN RISK. We do not warrant that the Platform will be compatible with all hardware, software and other systems which you may use.

To the fullest extent permitted by law, the Company excludes all warranties, conditions, terms or representations about the accuracy or completeness of Platform’s or the of any sites linked to the Platform. The Platform, Services and the Content are provided "AS IS", "AS AVAILABLE" and without warranty of any kind, express or implied including, but not limited to, the implied warranties with respect to title; non-infringement; merchantability; uninterrupted, timely, secure or error free use of the Platform or Services; and fitness for a particular purpose; and any warranties implied by any course of performance or usage of trade; all of which are expressly disclaimed.

You understand and agree that any material or information downloaded or otherwise obtained through the use of the platform or the services, including without limitation, the content, is done at your own risk and that you will be solely responsible for any damage if any arising from doing so. No advice or information, whether oral or written, obtained by you from us or through the site or services will create any warranty not expressly made..

In no event shall we, nor our directors, employees, agents, advisors, partners, artists, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services (i) for any lost profits, data loss, goodwill, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source), or (iii) for any direct damages will be limited to the amount recieved by us from you within the last 6 months towards the services.

You understand and agree that we have set the charges and entered into these Terms of Use with you in reliance upon the limitations of liability set forth in these Terms of Use, which allocate risk between us and form the basis of a bargain between the parties.

You undertake that you shall keep secure and not at any time disclose to any person any information relating to us which we reasonably consider to be confidential, including but not limited to details of our business methods, finances, prices or pricing strategy, marketing or development plans or strategies and any other information made available to you via the Platform or the Services which is or ought reasonably to be considered confidential in nature.

You acknowledge that you will not directly or indirectly parody, disparage, make any critical or disparaging statements to any third parties (including, without limitation, any print or broadcast media) about the Company, or any of the Services or any of the Users or the Artists

22. APPLICABLE LAW

These Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The courts in Belagavi shall have exclusive jurisdiction in respect of any matters arising therefrom. Xubba makes no representations that the Services are appropriate or available for use in any location outside India. Those who access or use the Application and/or Services from other jurisdictions are entirely responsible for compliance with all local laws.

23. DISPUTE RESOLUTION

In the event any dispute arises out of or in connection with the Terms of Use herein, including the validity hereof, the parties hereto shall endeavour to settle such dispute amicably in the first instance. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than 15 (Fifteen) calendar days, gives a notice to this effect, to the other party in writing. In case of such failure, the dispute shall be referred to a sole arbitrator, who shall be appointed by the Company. The arbitration proceedings shall be governed by the Indian Arbitration and Conciliation Act, 1996 and shall be held in Belagavi. The language of arbitration shall be English.