I. Introduction

This Content Creation Policy (“Policy”) has been made available by Visitorweb Technologies Pvt. Ltd. (“us”, “our”, “HSN”), a private limited company that owns and operates two websites, namely www.homescreennetwork.com and www.sparktv.in and a mobile application. The websites and mobile application are collectively referred to as “the Platform”.

HSN is dedicated to providing its customers with meaningful stories through easily consumable content in various vernacular languages of India and several mediums (collectively referred to as “Content”). Our objective is to level the playing field for regional audiences in India by providing them with vernacular Content. Further, we take any violation of this Policy very seriously. We do not allow any Content that violates this Policy, including any violation of the intellectual property rights of any person.

By the virtue of being a Content Creator on our Platform and by creating Content on our Platform, you agree and accept the following terms of our Content Creation Policy. Any capitalised terms not defined in this Content Creation Policy shall have the same meaning as given to them under our Grievance Redressal Policy (available at https://homescreennetwork.com/legal/grievance-redressal-policy.html).

II. Purpose of this Policy

Our Grievance Redressal Policy available at https://homescreennetwork.com/legal/grievance-redressal-policy.html describes the kind of Content any content creator, including but not limited to, scriptwriters, videographers, editors, digital graphics editor, content writer, etc. on our Platform (“you”, “your” or “Content Creator”) is prohibited from creating or posting on the Platform.

This Policy lists down the actions that may be taken against you if you post Prohibited Content on our Platform.

III. Reporting Prohibited Content and Response

If any user of our Platform comes across any Prohibited Content on our Platform, they can report it via our Content reporting feature, available at https://homescreennetwork.com/legal/grievance-redressal-policy.html (“Report”). Once we receive any Report, we will determine whether such Content is indeed Prohibited Content in accordance with our internal policies. We will take such reported Content down in case we feel that such Content is Prohibited Content.

If we receive three valid Reports against you, we will terminate your service agreement or employment with us.

IV. Your Response to an IPR Report

Any owner/holder of an IP Right can make an IPR Report against your Content. To understand what constitutes IP Rights and IP Right infringement, please refer to our IP Policy under Part IV of the Grievance Redressal Policy. Once we receive an IPR Report against you, we will investigate (in accordance with our internal procedures) whether there is an apparent violation of the reporting party’s (“Complainant”) IP Rights. If we think that there is an apparent violation of the Complainant’s IP Rights (“Valid IPR Report”), then we will remove the infringing Content immediately and notify you of such removal.

If you believe that any IPR Report was filed incorrectly or that you had the Complainant’s or the relevant IP Right holder’s consent to use such materials, then upon request we shall provide the Complainant’s information to you and you may contact such Complainant directly. If we believe that no IP Rights were violated or that there was no infringement, then we will not take down any Content and communicate our decision to the Complainant.

If we receive three Valid IPR Reports against you, we will terminate your service agreement or your employment with us.

V. Limitation of Liability and Indemnification

You shall be solely responsible and liable for any Content that you post or create on our Platform. HSN shall not be liable, in any form or manner whatsoever, for any Content created or posted by you on our Platform.

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 any of the following: (i) your access to or use of our Platform; (ii) any breach by you of your obligations under this Policy; (iii) your violation of the rights of any third party, including any infringement of intellectual property, or of any privacy or other right; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; (v) posting any Content in violation of this Policy; (vi) any conduct in violation of this Policy; and (vii) gross negligence and willful misconduct.

VI. Disclaimer

HSN is not an adjudicatory authority and cannot determine definitively whether any Content violates the law or infringes the IPR Rights of any person. However, if in our reasonable opinion the reported Content violates this Policy, then we will within 36 (thirty-six) hours of making such a determination, take down such Content and take any relevant disciplinary action against the concerned Content Creator. You agree that we may provide the Complainant with your details.

Any dispute in relation to this Policy shall be resolved through arbitration. The arbitration shall be conducted by a sole arbitrator, appointed by HSN. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 and any amendments made thereto. The seat of arbitration shall be New Delhi. The language of arbitration shall be English.

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