Last updated: June 14, 2021.
The Comedy App Limited is an incorporated company, having its registered office at Port Louis Management Services Ltd, 3rd Floor, Harbour Front Building, President John Kennedy Street, Port Louis, Republic of Mauritius, Mauritius, Port Louis 11302, Mauritius [hereinafter referred to as “We” or “Us” or “Company”].
We offer individuals with the opportunity to create and share user generated short videos through the services [Hereinafter referred to as “Services”] provided on our mobile application ‘Fun2 - Short Video Creating App | Made in India’ [Hereinafter referred to as “Application”].
By accepting this User Agreement, either through clicking ‘proceed’ or clicking a box indicating acceptance on our Website or Application you represent and warrant that you have read, understood, and agree to be bound by this User Agreement executed between you and us.
Use of our Services is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including minors are not eligible to use the Services, Website or Application.
If you are a minor i.e. under the age of eighteen  years, you should not use our Services or access or transact on our Website or Application in any manner whatsoever.
Unless otherwise agreed in writing, all materials on our Website and Application, including text, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, audio clips, sounds, music, artwork, computer code, software and other materials, and the copyrights, trademarks, trade names, service marks, logos, trade dress and/or other intellectual property rights in such materials [collectively, the “Content”], are owned, controlled and/or licensed by us, our associated entities or our licensors.
The Content are intended solely for personal, non-commercial use. No right, title or interest in any downloaded or copied Content is transferred to you as a result of any downloading or copying of the Content.
You shall not, either yourself or assist any person to, reproduce, publish, upload, transmit, encode, distribute, mirror, display, perform, alter, modify, create derivative works from, sell or exploit or otherwise use any of the Content or the Website or Application in connection with any public, business or commercial purpose. Any such use shall be deemed to be a violation of our intellectual property and proprietary rights. Any use for which you receive any remuneration, whether in money or otherwise, shall be considered commercial use for the purposes of this clause.
Certain trademarks, trade names, service marks and logos used or displayed on our Website and Application are registered and unregistered trademarks, trade names and service marks of us and our associated entities. Other trademarks, trade names and service marks used or displayed on our Website and Application are the registered and unregistered trademarks, trade names and service marks of third parties. Nothing contained on our Website and Application grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks or logos displayed on such Website and Application. Any use of such materials without our express written permission is strictly prohibited.
You accept, agree and confirm that you shall use our Services only as permitted under this User Agreement and only in a manner consistent with all applicable laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from your country of residence.
You agree that you shall not use any “deep-link”, “robot”, “page-scrape”, “spider”, or other automatic or manual device or process, software, program, code, algorithm or methodology, to access, acquire, copy or monitor any portion of our Website, Application or Content, or in any way reproduce or circumvent the navigational structure or presentation of our Website, Application or Content, or obtain or attempt to obtain any materials, documents or information through any means not purposely made available by us through the Website or Application. We reserve the right to take measures to prevent any such activity. You agree that you shall not resell use of, or access to, the Website or Application to any third party.
You agree that you shall not gain or attempt to gain unauthorized access to any portion or feature of our Website or Application, or any other systems or networks connected to the Website or Application or to any of our business partners’ servers, systems or networks, or to any of the services offered on or through our Website or Application, by hacking, “password-mining” or using any other illegitimate method of accessing data.
You agree that you shall not probe, scan or test the vulnerability of our Website or Application or any network connected to the Website or Application, nor breach the security or authentication measures on our Website or Application or any network connected to our Website or Application. You agree not to reverse look-up, trace or seek to trace any information on any other visitor to our Website or Application, or any other customer of ours in any way where the purpose is to discover materials or information, including but not limited to personal information, personally identifiable information [“PII”] or other information that reasonably could be used to connect non-PII to PII.
You agree that you shall not take any action that would cause an unreasonably or disproportionately large load on the infrastructure of the Website or Application or our systems or networks, or any systems or networks connected to the Website or Application or to us in an attempt to overwhelm our systems to create a “Denial of Service” or similar attack.
You agree that you shall not use or exploit the data that is available on our Website or Application for commercial purposes, including any web scraping activities to obtain information.
You agree that you shall not use any device, technology, software, routine or method to interfere or attempt to interfere with the proper functioning or features of our Website or Application or any transaction occurring on our Website or Application, or with any other person’s use of our Website or Application.
You agree that you shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through our Website or Application. You must not impersonate or pretend that you are any other person or falsely claim you represent another person or entity.
You agree that you shall not use our Website or Application or any Content for any purpose that is unlawful or prohibited under this User Agreement.
You agree that you shall at all times ensure full compliance with the applicable provisions of the Indian Information Technology Act, 2000 and Rules thereunder as applicable and as amended from time to time and also all other applicable laws, rules and regulations.
By using our Website or Application to send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and that you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by any other mode of communication, electronic or otherwise.
You must not do any of the following when using our Website or Application:
From time to time, we may offer special promotions or competitions. Where we do offer such promotions or competitions, we will make a copy of the applicable terms available on the offer page.
We may use any User-Generated Content in our sole discretion, including for the purposes of reproduction, transmission, disclosure, publication, broadcast, development and we may use any User-Generated Content to develop and/or improve our services/products to consumers and send you targeted marketing messages. We shall be under no obligation:  to maintain any User-Generated Content in confidence;  to pay compensation for any User-Generated Content and/or its use; or  to monitor, use, return, review or respond to any User-Generated Content. We will have no liability related to the content of any User-Generated Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any User-Generated Content that includes any material we deem inappropriate or unacceptable at our sole discretion.
You represent and warrant that any Content you submit as User-Generated Content is original to you, that you own all applicable legal rights in the Content, and that the Content does not and will not infringe upon the rights of any other person, entity or third party or contain any libellous, tortious, or otherwise unlawful information.
You represent and warrant that any individuals depicted in audio or visual files submitted as part of a User-Generated Content, including yourself, are of the age of majority i.e. 18 years or more. If any of the individuals depicted in any User-Generated Content are minors, you represent and warrant that you are the parent or legal guardian of each such individual and you grant the use of the media containing his/her depiction in accordance with this User Agreement.
You understand and agree that we may takedown, delete or remove any content available on the Website or Application or in relation to our Services in our sole discretion, without any notice to you, for any reason whatsoever including on account of your violation of this User Agreement or if required in accordance with applicable law [including but not limited to the Indian Information Technology Act, 2000].
You must comply with the rules governing User-Generated Content ["User-Generated Content Rules"] set forth in this section.
If you post any content on our Website or Application, you are solely responsible for each User-Generated Content that you post or transmit to other users and you agree that you will not hold us responsible or liable for any User-Generated Content from another user that you access on our Website or Application.
Categories of prohibited User-Generated Content are set forth below and reflect examples but are not intended to be exhaustive of what constitutes prohibited User-Generated Content. Without limitation, you agree that you shall not host, display, modify, upload, post, publish, transmit, update or share any content on our Website or Application or to other users that you know or reasonably believe:
When using our Website or Application, you may be exposed to User-Generated Content from a variety of sources. We are not responsible for the content, accuracy, usefulness, safety, or intellectual property rights of or relating to such User-Generated Content.
It is possible that other users [including unauthorized users or "hackers"] may post or transmit offensive or obscene materials and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you due to your use of the Website and Application, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using our Services, Website and Application you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on our Website or Application.
We are committed to complying with copyright and related laws, and we require all users of our Website and Application to comply with these laws. Accordingly, you must not post or store any material or content on, or disseminate any material or content in any manner that constitutes an infringement of third party intellectual property rights, including but not limited to, rights granted by copyright law. You must not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. We may terminate user privileges of any user who infringes the intellectual property rights of others upon receipt of proper notification to us by the intellectual property rights owner or their legal agent.
If you believe that your work has been copied and posted on our Website or Application in a way that constitutes copyright or trademark infringement, please contact us at: email@example.com or use our content take-down form available at www.fun2app.com.
In order to avail our Services, you are required to create an account on our Application.
You must notify us immediately of any actual or potential unauthorized use of your account or password, or any other actual or potential breach of security. However, you are solely liable for the actions of, and any losses incurred by us or any third party due to, someone else using your account ID, password or account.
You must not use anyone else’s account ID, password or account at any time without the express permission and consent of the holder of that account ID, password or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
If we need to, we will accept payment [through our third-party merchants] through any of the payment methods specified on our Website or Application. We will provide you with an invoice following the making of any payment. We do not directly collect your payment. A third party payment gateway collects your payment on our behalf. We will thus not be liable or responsible for your use of such third-party payment services.
While availing any of the payment methods available on our Website or Application, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to lack of authorization for any transactions or exceeding the preset limit mutually agreed by you and your bank, or any payment issues arising out of the transaction, or decline of transaction for any other reasons.
We may suspend or terminate your account and/or use of our Services at any time in accordance with this User Agreement and without any prior notice to you.
Creating or maintaining any link from another website to any page on our Website or Application without our prior written permission is prohibited. Running or displaying our Website or Application or any information or material displayed on our Website or Application in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to our Website or Application must comply with all applicable laws, statutes, rules and regulations.
From time to time, our Website or Application may contain links to other websites that are not owned, operated or controlled by us. All such links are provided solely as a convenience to you. If you use these links, you will leave our Website or Application and we cannot be responsible for any content, materials, information or events that are present on or that occur on websites or applications that are not owned, operated or controlled by us.
We reserve the right, in our sole discretion, to: modify, suspend or discontinue any of our Services, Content, feature or product offered through our Website or Application, with or without notice; and/or offer opportunities to some or all users of our Services. You agree that we shall not be liable to you or to any third party should any of the foregoing occur with respect to our Services.
Your use of our Website, Application and the Services offered through it are at your own risk. The Content and Services provided by us are on a “as is” basis without any representations or warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Without prejudice to the foregoing, we do not warrant that:
We will not be liable to you in any way or in relation to the Content or the Services offered by us.
We do not warrant that our Website, Application, information, Content, materials, product [including software] or Services included on or otherwise made available to you through our Website or Application; their servers; or electronic communication sent from us are free of viruses or other harmful components. We do not assume any responsibility for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing our Website or Application.
In no event will we or any of our respective officers, directors, employees, shareholders, associated entities, agents, successors or assigns, nor any party involved in the creation, production or transmission of the Website or Application, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages [including, without limitation, those resulting from lost profits, lost data or business interruption] arising out of the use, inability to use, or the results of use of our Website or Application, any websites linked to our Website or Application, or the materials, information or Services contained on our Website or Application, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities or damages, shall not exceed Indian Rupees One Hundred.
To the extent that you cause or contribute to any loss or damage suffered, our liability to you for any such loss or damage shall be reduced to that extent.
You agree to defend, indemnify and hold us and our associated entities harmless, and our officers, directors, employees, business partners and agents, from and against any and all claims, demands, actions, damages, obligations, losses, liabilities, costs or debt, and expenses [including but not limited to reasonable attorneys’ fees] arising from:
It is your responsibility to ascertain and obey all applicable local, state, and international laws, statutes, rules and regulations [including minimum age requirements] related to the use of our Services and use of our Website and Application. Any dispute arising out of, or relating to, the use of our Services, our Website or Application will be governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Delhi, India.
If any part of this User Agreement shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of the User Agreement.
Any failure by us to partially or fully exercise any rights or the waiver of any breach of the User Agreement by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of the User Agreement. Our rights and remedies under the User Agreement shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
Any claim arising out of, or relating to, this User Agreement must be brought within one  year from the date the cause of action first arose, or such claim or cause of action shall be barred. In the event of any controversy or dispute between us and you arising out of or in connection with your use of our Services and/or the Website or Application, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time [not to exceed 30 calendar days], then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law in the courts at Delhi, India.
A party shall not breach this User Agreement and is not liable to the other party for a delay or failure to perform an obligation resulting from events or circumstances beyond a party’s reasonable control, including acts of God, acts of government agencies, war, flood, fire, storm, explosion, civil disobedience, tempest, theft, vandalism, riots, terrorist actions, wars, interruption to telecommunications systems, network failure, lockdown or the act or omission of any third party [other than contractors or subcontractors] over which the party has no control, but does not include an obligation to pay monies.
You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this User Agreement. We have the right to assign or otherwise delegate all or any of our rights or obligations under this User Agreement to any person.
In accordance with the Indian Information Technology Act 2000 and the rules notified thereunder, the contact details of the Grievance Officer are provided below:
The complaints received under this clause shall dealt in adherence to the timelines specified under the Information Technology Act, 2000 and the rules notified thereunder.