HSN GRIEVANCE REDRESSAL POLICY

I. Introduction

This Grievance Redressal Policy (“Policy”) has been made available by Visitorweb Technologies Pvt. Ltd. (“us”, “our”, “HSN”) for your (“your”, “you”) perusal and provides information as to the type of content you may or may not post on the Platform and the modality for redressing any Content related grievances that you may have in relation to our websites: www.homescreennetwork.com and www.sparktv.in or mobile application. The websites and mobile application are collectively referred to hereinafter as “the Platform”.

We are dedicated to providing our customers with community engagement (via comments, likes, etc.) and meaningful stories through easily consumable content in various vernacular languages of India (collectively referred to hereinafter as “Content”). Our objective is to level the playing field for regional audiences in India by providing them with vernacular Content through several mediums. 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) on our Platform.

This Policy forms a part of and is to be read with the Spark TV Terms of Use available at https://homescreennetwork.com/legal/content-creation-policy.html.

II. Purpose of this Policy

This Policy describes the kind of Content that is not allowed on our Platform. It further describes the recourses available to you in case you find that any Content available on the Platform is violative of this Policy or violates any of your rights (including intellectual property rights).

Various kinds of Content (described below) is not permitted on our Platform (collectively, “Prohibited Content”). If you come across any such Prohibited Content, you are encouraged to report it to us so that we can take the requisite action in relation to such Prohibited Content, in accordance with this Policy.

III. Prohibited Content

A. Content That Violates the Law

We do not allow anyone to upload, post or share any Content (including any comments or replies to any comments on any Content made by you) that violates the laws of the Republic of India, including the Information Technology Act, 2000 and the Indian Penal Code, 1860 and any rules and amendments made under such applicable laws. We do not allow anyone to post any Content that advocates or promotes illegal activities such as organized crime violence, terrorism, sale of illegal goods or services (including sexual services), sale of regulated goods (including drugs), bribery, online gambling, real money gamesor lotteries; or contains tutorials for manufacturing bombs, drugs, weapons, etc.; or impersonates another person; or distributes false or misleading information; or fraud of any kind. We will cooperate with the law enforcement authorities in case of any breach of applicable laws.

Don’t post or share anything that is against the law.

B. Content that Contains Violence

We do not allow anyone to post any Content that that causes discomfort to our users due to its goriness or graphic details (including videos, images and literature) that glorifies or intends to incite violence in any form or manner whatsoever, or encourages dangerous and illegal activities, or praises groups or leaders involved in terrorism, organized violence or criminal activities (collectively, “Violent Content”). However, we permit the use of Violent Content if your intention is to spread awareness or information about any incidence of violence or crime for the purpose of public good.

Don’t post any violent content unless you intend to spread awareness for the purpose of public good.

C. Content that is Pornographic in Nature

We do not allow anyone to post any Content that:
a) Is sexually explicit, pornographic; or
b) Contains any images or videos that expose private parts (sexual organs);
c) Contains videos or images of people in compromising or sexual positions; or
d) Contains videos or images that highlight any sexual fetish;
e) Contains any kind of erotic material;
f) Contains material related to or is made with the purpose of sextortion or revenge pornography;
g) Contains any material related to bestiality or zoophilia;
h) Exploits or endangers any person (for example, posting of pictures for soliciting prostitution or promoting escort services or listing of phone numbers of escorts, etc.);
i) Contains child pornography (including without limitation, creation, transmission or browsing of child pornography); or
j) Contains anything related to rape, gang rape or molestation.

Don’t post anything that is obscene or vulgar.

D. Content that is Used to Harass or Bully Someone

While you can ignore any Content that you find annoying or petty, you must report any Content that harasses, bullies, shames, degrades, or humiliates any person (collectively, “Abusive Content”). Abusive Content can include, but is not limited to posting swear words, curse words, morphed images, malicious recordings, material that objectifies someone, material that makes or encourages sexual advances towards another, material that engages in sexual misconduct, material that is intended to shame someone, material that intends to cause psychological or physiological harm to someone, material for blackmailing or extorting someone, and contacting someone against their wishes. We do not allow users to contact someone who has blocked them from another account. However, we may allow any material that involves public discourse related to a public issue such as news, current affairs, public figures, etc.

Don’t use the Platform to harass or bully someone.

E. Content that Contains Hate Speech and Propaganda

We do not allow anyone to post any Content that promotes violent behaviour; or targets, shames or demeans any particular religion, community, disability (physical or mental), caste, ethnicity, age or gender; or intimidates any person; or has the intention of causing or spreading hatred or hate propaganda along the lines of community, religion, caste, ethnicity, age or gender (collectively, “Hate Speech”).

Think before you post.

F. Content that Contains Abuse, Self-Injury or Suicide

We do not allow anyone to post any Content that relates to physical, sexual, or psychological maltreatment, neglect or abuse of any person. We do not allow users to post any Content that showcases self-harm. We do not allow users to post any Content that identifies, tags or targets the victims or survivors of any kind of abuse, self-injury or violence.

Don’t post anything that creates or encourages abuse or violence to the self.

G. Content in Violation of Personal Consent

We do not allow anyone to post any Content that violates a person’s privacy or any Content about another person that such other will not appreciate. For example, any Content that discloses any kind of personal or intimate photos, videos or literature about another person, someone’s personal details such as telephone number, Aadhar card number, address, etc. (collectively, “Personal Content”). However, we may permit the use of Personal Content if you have obtained valid consent from the person concerned and can substantiate such consent with evidence.

You cannot share anybody else’s personal information without their consent.

H. Content that is Spam

We do not allow anyone to post any Content that contains Spam. “Spam” includes but is not limited to posting Content excessively or repeatedly; get likes or views schemes; get rich quick schemes; Content that sends audiences to websites that try to gather personal information or spread malware; using thumbnails, metatags or descriptions tricking users into believing that the Content is something that it is not; Content intended to mislead others; comments with the intention of driving users off our Platform or gather personal information; comments that are repetitive or are not targeted at the Content in relation to which are they posted.

Don’t use our platform to spam others.

I. Content that is Fake News

We do not allow anyone to post any Content that spreads misinformation, hoaxes or propaganda with the intent to mislead; creates sensational effects through fabricated Content; or exaggerates any news by introducing non-factual elements (collectively, “Fake News”). Fake News is prohibited whether or not it is posted with an intent to cause any kind of harm to anybody. However, we permit satire or parodies posted for the purposes of amusement.

Don’t post or spread any fake news.

J. Content that Violates Intellectual Property Rights

We do not allow anyone to post any Content that violates the intellectual property rights of another, whether a user of our Platform or any third party. More details regarding the policy on violation of intellectual property rights on our Platform (“IP Policy”) are provided in Part IV below. You are required to obtain permission from the author or creator of any Content (such as videos, images or any literature) and provide credit to such author or creator prior to sharing such Content on our Platform.

Always take permission or give credit when sharing Content not created by you.

IV. IP Policy

There are several kinds of intellectual property rights (“IP Rights”). However, the most relevant for the purposes of this IP Policy is copyright.

a. What is Copyright?

Copyright is a kind of intellectual property right that protects works of original authorships such as movies, songs, designs, photographs, videos, paintings, books, musicals, video games, the layout of a website, etc. including any comments posted by a user on our Platform, any blog posts or articles written on our Platform, any videos or photos created by us or any user of our Platform.

The Copyright Act, 1957 and the rules made therein protect copyright in India. If you have created or written an original work, then you will usually be the owner of the copyright in that work. However, copyright only protects the form of expression of an idea and not the ideas or facts themselves. For example – Copyright will not protect the fact that India is the second most populous nation in the world; or if you decide to write a novel on a murder mystery, you will only have the copyright over the contents of that novel, i.e. characters, plot, the story, the manner in which you have written it, etc. but you will not have the copyright over the idea of writing a mystery novel.

b. What Amounts to IP Infringement?

The owner of a copyright in a work has the exclusive right to reproduce the work, issue copies of the work, etc.

The owners of IP Rights can choose to exercise these rights either by themselves or by authorizing another third party to do so on their behalf. However, you infringe the IP Right of another if you do any act, the sole right to do which is vested in the owner of that particular IP Right. For example, recording and sharing a video made by someone else without any attribution or without seeking permission will be a violation of copyright; or using someone else’s brand name or logo to sell your products on our Platform, whether via video or through comments will not only be Spam (under this Policy) but it will also be an infringement of such person’s trademarks.

However, there are certain exceptions to copyright infringement. These are provided for in the Indian Copyright Act, 1957 under Section 52. You can make fair use of another’s work for personal or private use, criticism or review (whether of the used work or another), reporting of current events or affairs or where you use another person’s artistic work without imitating the main design of such work or giving new expression to such work. Lastly, you can also use a copyrighted work if the term of its copyright has expired. The term of copyright protection in India is 60 (sixty) years.

If you are not sure whether you are covered under the Fair Use Exception or any of the statutory protections mentioned above or others, please contact a lawyer prior to making use of someone else’s work.

V. Reporting Prohibited Content and Response

If you come across any Prohibited Content (apart from Content which violates IP Rights) on our Platform, you can report it via our Content reporting feature, available at https://homescreennetwork.com/legal/content-creation-policy.html (“Report”). Once we receive any Report, we will determine whether such Content is indeed Prohibited Content in accordance with our internal policies and take such reported Content down, in case we feel that such Content is indeed Prohibited Content.

If we receive three Reports against you, we will terminate your account on our Platform.

VI. Making an IPR Report

a. When can you make an IPR Report?

You can make an IPR Report if you satisfy the following criteria:
i. You are the original owner or have a valid and subsisting license/assignment from the original owner of the relevant IP Right;
ii. If you are the original owner of the relevant IP Right, then you should be in possession of the requisite proof of such ownership or if you are a licensee or assignee then you should have proof of the same (“Registration Documents”);
iii. You have evidence that you created the relevant Content or are licensed to use such Content (“Content Evidence”);
iv. You have identified and reduced the details of the IP Rights infringement in writing (“IPR Report Details”). The IPR Report Details must include the following –
1. Whether you are the holder of the IP Right in question or the authorized representative of such holder and any proof thereof;
2. If you are an IP Right licensee or assignee, then please provide the name of the actual owner of the IP Right and proof of license or assignment;
3. If you are the authorized representative of an IP Right holder, then please provide proof of authorization;
4. Please provide us with the details of the user who is allegedly infringing your IP Right, URL of the infringing Content and a description of the infringing Content;
5. Whether you have previously contacted the infringing user;
6. How and when you became aware of the infringing Content;
7. Your name, address, telephone number, email address, along with your electronic or physical signatures; and
8. Any other information that we may request in order to raise an IPR Report.

b. How can you raise an IPR Report?

Upon satisfying the conditions listed above, you may choose to raise an IPR Report with us by writing to our Grievance Officer at redflag@homescreennetwork.com with the following information (“IPR Report Information”):
a. Registration Documents; b. Content Evidence; and c. IPR Report Details.

c. What happens after you raise an IPR Report?

Upon receiving an IPR Report in accordance with the process listed above, we will acknowledge the receipt of your IPR Report. We may have some queries related to your IPR Report (“IPR Report Query”), in which case we may request you for additional information. You must respond to such an IPR Report Query within 7 (seven) days of its receipt. If you fail to respond to such IPR Report Query within the stipulated time period, we will treat your IPR Report as abandoned.

If we feel that there is a clear violation of your or any third-party’s IP Rights, then we will remove the infringing Content immediately. However, we may share your contact details with any user against whom you have made an IPR Report, so that such user can contact you regarding any opposition that he/she has in relation to the IPR Report made by you. Please note that we may also contact you regarding the validity of your IPR Report, if necessary.

Please note that we are not an adjudicatory authority and therefore, cannot make a definitive determination in relation to any violation of your IP Right. However, if we determine that any Content appears to violate your IP Rights, then we will remove such infringing Content within 36 (thirty-six) hours of so determining.

d. Whom can you write to with respect to an IPR Report?

We have appointed a Grievance Officer to make your use of our Platform comfortable and address any Content related grievance(s) (“Grievance Officer”). You can write to our Grievance Officer for making any IPR Report or a general Report. The details of our Grievance Officer are as follows:

Name: Urmi Karia
Email Address: redflag@homescreennetwork.com
Contact Number: +91-8448444262
Office Address: 334, Sunbeam, 7th A Main Road, Koramangala 4th Block, Bangalore - 560034
Office Hours: 9 a.m. to 6 p.m.

VII. Indemnification

You shall be solely responsible and liable for any Content that you post on our Platform. In no circumstances whatsoever, shall we be liable, in any form or manner, for any Content 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.

VIII. Disclaimer

HSN is not an adjudicatory authority and cannot determine definitively whether any Content violates the law or infringes the IP 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. We may even provide the person who made an IPR Report or general Report against you (“Complainant”) with your details.

In the event you wish to dispute our Complainant’s allegations against you, then you can do so within the courts of law. You shall not name HSN as a concerned party in such legal proceedings between you and the Complainant.

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