Introduction

Content Contributor Agreement

THIS DOCUMENT IS AN ELECTRONIC RECORD IN ACCORDANCE TO THE INFORMATION TECHNOLOGY ACT, 2000 (“IT ACT, 2000”), THE APPLICABLE RULES THEREUNDER AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
Vyomeen Media Pvt. Ltd., a company incorporated under Companies Act, 2013 owns and operates NewsReach Marketplace (https://mp.NewsReach.in), an intermediary content marketplace and a research database for live and archived aggregated third-party licensed content, including text, image, graphics, video, audio and data formats, in multiple languages. NewsReach marketplace provides a virtual venue, an online marketplace to facilitate licensing of digital content by content creators/ licensors to users/ licensees.

The domain name https://mp.NewsReach.in, including the related mobile site and as well as the Publisher Portal (link) (hereinafter referred to as “Marketplace”) is owned and operated by Vyomeen Media Pvt. Ltd., a company incorporated under Companies Act, 2013 with its registered office at 602, AVIOR, NIRMAL GALAXY, OPP JOHNSON AND JOHNSON, L.B.S MARG, MULUND WEST, Thane, Maharashtra, 400080.
YOU SHOULD ENTER INTO THIS AGREEMENT IF YOU ARE A CONTRIBUTOR AND INTEND TO UPLOAD AND LICENSE OF ANY CONTRIBUTOR CONTENT ON THE MARKETPLACE OR USING THE MARKETPLACE OR ANY SERVICES PROVIDED THEREIN. BY CONFIRMING YOUR ACCEPTANCE OF THIS AGREEMENT, A LEGALLY BINDING AGREEMENT SHALL BE CREATED BETWEEN YOU AND NEWSREACH.

1. INCORPORATION OF OTHER AGREEMENTS

1. This Content Contributor (“Agreement”) is a legal binding agreement between the Contributor (hereinafter referred to as “You” or “Your”) and NewsReach, and lists out the terms and conditions as per which the Contributor may use the Website (defined in the Terms of Service, and herein collectively referred to as the “Marketplace”) to upload and display the Contributor Content using Marketplace to the public, and to license Contributor Content to the Licensees.
2. This Agreement incorporates the Terms of Service, the Privacy Policy, and the License Agreement applicable to the Marketplace. In the event of any inconsistency between this Agreement and the Terms of Service, the terms of this Agreement shall prevail.
3. Unless the context otherwise specifies the definitions stated in the Terms of Use shall apply to this Agreement.

 2. REGISTRATION

1. If You intend to store, display and license your Contributor Content on the Marketplace, You will need to register as a Contributor by completing a registration form available at the Marketplace (www.mp.newsreach.com) to provide NewsReach with your KYC Documents along with other personal and banking details that may be required (“Subscription Information”). You hereby represent and warrant that all of Your Subscription Information is true, correct and complete, and that you will update Your Subscription Information regularly to keep it true and complete.
2. Newsreach reserves the right to terminate/ suspend your account (subject to Terms of Use and other agreement(s)) if it is found that you have furnished incorrect documents or have provided false information or if any complaint is received in that regard.

 3. RIGHTS OF THE CONTRIBUTOR

1. As a Contributor, You will be entitled to upload Your Contributor Content on the Marketplace and showcase them to the public and users. As a Contributor, You may elect to offer your Contributor Content, as may be permitted by NEWSREACH, for licensing to Licensees (“Licensed Content”).
2. For the license of Licensed Content to Licensee, You will have to select the category of licenses (provided on the Marketplace) listing out the rights being offered in respect of each Licensed Content. You understand that the price for the content will be decided by NEWSREACH.
3. You understand that NewsReach offers an intermediary Marketplace where users can search any Contributor Content and purchase a license for the Licensed Content without any prior request from You. You hereby agree and understand that all the Licensed Content shall be licensed to the Licensee as per the License Agreement and that You will be bound by the License Agreement between You and the Licensee in respect of the Licensed Content.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY TRANSACTION MADE OVER THE MARKETPLACE WILL BE BETWEEN YOU AND THE APPLICABLE LICENSEE AND THEREFORE NEWSREACH WILL NOT BE A PARTY TO ANY SUCH TRANSACTION. YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS NEWSREACH AGAINST ANY CLAIM OR LOSS ASSOCIATED WITH ANY TRANSACTION RELATING TO YOUR LICENSED CONTENT.

 4. PAYMENTS AND CONSIDERATION

1. The Terms herein below are in addition to the Terms relating to NewsReach Wallet, payments, and consideration. If any discrepancy is found in these terms and the Terms of Use, the terms herein below shall prevail.
2. The consideration payable by the Publisher/ Licensee for the content shall depend on the type of license you wish you license your content under. The license price shall be determined by NewsReach, based on the type of license and the type of content you wish to license. The amount mentioned at the time of listing as the transaction shall be full and final consideration payable for your listed content and is non-negotiable. You consent to the listing price set by NewsReach for your content.
3. As and when the Transactions are made, the ledger balance of your NewsReach Wallet shall be credited. You may refer to your transaction history in NR Wallet which contains all details in the form of a statement recording the transactions and the amounts credited in each transaction.
4. Withdrawal of funds: You may make a request for withdrawal of funds accumulated and reflected in your NR Wallet for all settled transactions prior to the 25th day of every month. Once such a request is raised by you, Newsreach shall credit your bank account within 7 to 10 working days. You agree and confirm that the bank account details furnished by you upon registration are true and correct. It is to be noted that public holidays and weekends (Saturdays and Sundays) shall be excluded from the ‘working day’ calculation. For instance, if a transaction takes place on a Sunday, the payment processing shall commence on the immediate next working business day i.e. Monday and the processing time shall be calculated from that day (Monday, in the instant case). Newsreach shall not be liable for any transaction failure or other payment-related issues faced due to incorrect or false details furnished by you. For further information, refer to our Withdrawal Policy.

5. FEES PAYABLE TO NEWSREACH FOR ITS SERVICES

1. For every content licensed on the NewsReach platform, you agree to pay NewsReach a service fee of 10% (Ten Percent) of the total consideration of the license fee along with applicable taxes. (“Service Fee”)
2. The amount processed and deposited in your bank account shall be the net amount post deduction of the Service Fee, TDS and other applicable taxes.

6. INTELLECTUAL PROPERTY RIGHTS

Contributor’s Intellectual Property

1. All rights, including title and copyright, in and to the Contributor Content (including the Licensed Content), shall be retained by the Contributor, and no title or copyright is transferred or granted in any way to NEWSREACH or any third party, except as provided in this Agreement and the Terms of Service.
2. You shall not upload and display on the Marketplace any Contributor Content or license any Licensed Content that infringes on any copyright, trademark, patent, and trade secret, right to privacy, right to publicity, or any other applicable law or proprietary right.

NEWSREACH’s Intellectual Property

1. You hereby grant and agree to grant NEWSREACH, its parent, subsidiary, affiliates, and service provider a non-exclusive, royalty-free, fully paid up, without charge, worldwide right and license to use, reproduce, modify, display, perform, and create derivative works of the Contributor Content (which includes the Licensed Content) without prior consent from You, solely in connection with NewsReach’s business operation, marketing and promotion of the Marketplace, with the right to make available the Licensed Content for their license to the Licensee as per the terms of License Agreement and for the purpose expressly listed out in this Agreement. You also grant NEWSREACH the right to alter the Contributor Content (including the Licensed Content), including cropping, manipulation, combining and creation of derivative images. You also undertake to waive all moral rights in respect of use of the Contributor Content and the Licensed Content pursuant to this Agreement by NEWSREACH.
2. Nothing contained herein grants or shall be construed to grant You any rights to use any of NEWSREACH’s, its affiliates, parent, subsidiary and associated companies trademarks, logos, service marks, trade names, internet domain names, or other indications of origin (collectively referred to as “Marks”). You acknowledge and agree that:

1. Marks are and shall remain the sole property of NEWSREACH or its affiliates and associated companies, as the case may be;
2. nothing in this Agreement shall confer upon You any right of ownership in the Marks;
3. You shall not use, register, or assist others in using or registering any trademarks, trade names, logos, internet domain names, or any mark or name confusingly similar to Marks without NEWSREACH’s prior written consent and
4. You shall not now or in the future contest the validity of Marks nor oppose or assist others in opposing any registration of any Marks. All goodwill accruing to NEWSREACH’s trademarks or Marks under this Agreement shall belong to NEWSREACH.
5. The look and feel of NEWSREACH’s Marketplace, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark and copyright of NEWSREACH and may not be copied, imitated or used, in whole or in part, without the prior written consent of NEWSREACH.

7. PROMOTIONS BY NEWSREACH

Contributors shall have no objections to NEWSREACH promoting at its sole discretion the Contributor’s name, profile details, photographs and works unconditionally, for promotional activities worldwide in any media including social media, at any time without notice to Contributors.

8. RESTRICTIONS

1. a) You shall not upload any Contributor Content and the Licensed Content, which:
   
   1. belongs to another person and to which the user does not have any right;
   2. is defamatory, libellous, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
   3. is harmful to child;
   4. infringes any patent, trademark, copyright or other proprietary rights;
   5. violates any law for the time being in force;
   6. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
   7. impersonates another person;
   8. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
   9. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
   10. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
   11. Is intended towards unlawful multi-level marketing, such as a pyramid scheme;
   12. Would constitute, encourage a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
   13. Contains private and sensitive information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
   14. in the sole judgement of NEWSREACH, is objectionable or which restricts or inhibits any other person from using or enjoying the Marketplace or services provided on the Marketplace, or which adversely affects the availability of its resources to other users, or which may expose NEWSREACH or its users to any harm or liability of any type.
2. You shall not use the Marketplace for any activity or in a manner or for the purpose which is prohibited as per the Terms of Use.
3. NEWSREACH has the right to refuse your registration of an account or to close any existing account, or remove any Contributors Content or Licensed Content for fraud, copyright infringement, violation of third party’s rights of privacy or publicity, artificially inflating downloads, upload of material that is obscene in nature, violent or that might be construed as defamatory or for any breach of the terms of this Agreement, Terms of Use, Privacy Policy and other agreements that You have with NEWSREACH.
4. If Your account is terminated for any reason You must obtain written authorization from NEWSREACH prior to establishing another account. If You attempt to establish another account without obtaining such authorization, NEWSREACH shall permanently ban You from using the Marketplace. You hereby agree that You shall not have more than one active account at any time.

9. TERMINATION

1. NEWSREACH may immediately terminate or suspend Your account or remove any Contributor Content or the Licensed Content, in its sole discretion, for any reason, including in the event of any material breach of this Agreement, Terms of Service, Privacy Policy, License Agreement and such other Agreement as may be entered between you and NEWSREACH. NEWSREACH’s right to termination shall be in addition to and without prejudice to NEWSREACH’s other rights at law and/or equity.
2. You may remove any Content from your account at any time, or terminate your account on 30 days prior notice to NEWSREACH.
3. Upon termination or suspension of your account, NEWSREACH may in its sole discretion prohibit You with immediate effect, to display any Contributor Content or license any Licensed Content to Licensee.
4. In the event of termination of your account or deletion of any Contributor Content (Including Licensed Content), NEWSREACH shall retain a copy of all the Contributor Content uploaded by You for its records, which NEWSREACH shall not use, display or license, except as per this Agreement.
5. Notwithstanding anything contained above, the termination or suspension of Your account or deletion of any Licensed Content by You, shall not affect the right of Licensee in respect of Licensed Content. You hereby understand and agree that all the Licensed Content shall be available to the Licensee for download for a period of 180 days from the date of license of the Licensed Content (“Download Period”) and notwithstanding the termination or suspension of your Account or deletion of your Licensed Content, all the Licensed Content may be made available by NEWSREACH to the License during the Download Period. (180 days)

10. WEBSITE OPERATION

1. a) NEWSREACH will use reasonable efforts to ensure that the Marketplace is available 24 hours a day 7 days a week. However, from time to time NEWSREACH may be required to clean the Marketplace of images and other content and/or for the purposes of maintenance and operation of the Marketplace, during which time NEWSREACH may remove any Contributor Content and the Licensed Content from the Marketplace in its sole discretion. Additionally, there will be occasions when the service available on the Marketplace will be interrupted for maintenance, upgrades and/or emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by NEWSREACH to minimize such disruption where it is within NEWSREACH’s reasonable control. YOU AGREE THAT NEWSREACH WILL NOT BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE MARKETPLACE OR ITS SERVICE(S). NEWSREACH makes no claim that the Marketplace may be lawfully viewed.

11. REPRESENTATIONS AND WARRANTIES

1. You hereby represent and warrant that:
   
   1. You have the legal capacity and authority to enter into this Agreement and to fully perform all the obligations under the Agreement; and
   2. The Subscription Information is true and shall always remain updated.
2. You further represent and warrant that:
   
   1. the Contributor Content and the Licensed Content does not include any virus, worm, Trojan horse or other harmful, malicious or disabling code or device or that is designed to damage or allow unauthorized access to the Marketplace,
   2. the Contributor Content and the Licensed Content) does not violate, infringe, misappropriate or otherwise interfere with any third party rights;
   3. the Contributor Content and Licensed Content does not contain any material which is unlawful, harmful, abusive, hateful, obscene, threatening, sacrilegious, libellous or defamatory;
   4. You have obtained the necessary and binding model release and property release for all Contributor Content, and You are solely responsible for retaining all original model and property releases and maintaining complete and accurate model and property records, which you will electronically submit to NEWSREACH along with the submitted Contributor Content and Licensed Content, and that the submission of falsified, inaccurate or otherwise defective model and property releases is a material breach of this Agreement and shall result in the immediate termination of Your account without prior notice.;
   5. there is no suit, action or another legal or administrative proceeding now pending or threatened which might directly or indirectly affect the Contributor Content and Licensed Content or which might in any way impair the rights granted by You to NEWSREACH under this Agreement or any other agreement;
   6. there are and will be no claims by any other party in connection with the use or reproduction of any of the Licensed Content by the Licensee; and
   7. the Contributor Content and Licensed Content does not otherwise violate the Terms of Use, Privacy Policy, License Agreement, and any other documents that may be expressly specified by NEWSREACH from time to time. You hereby agree to indemnify and hold harmless NEWSREACH from and against any claim or loss incurred by NEWSREACH in connection with Your violation of any of the foregoing (i) – (vii)

12. INDEMNIFICATION

You agree to indemnify, defend and hold NEWSREACH, its parent, its affiliates, associated companies, and their respective directors, officers, employees, shareholders, agents and service providers harmless from and against any and all claims, losses, damages, costs and expenses (including reasonable attorney fees and disbursements) in connection with:

1. arising out of any breach or claimed breach of any of Your representations and warranties or any of Your obligations pursuant to these terms and conditions;
2. any use or alleged use of the Marketplace under Your account by any person, whether or not authorized by you;
3. resulting from any communication made or Contributor Content or the Licensed Content uploaded by You or through Your account;
4. any claim or threatened claim by Licensee against NEWSREACH its parent, its affiliates, associated companies, and their respective directors, officers, employees, shareholders, agents and service providers in respect of your Contributor or Licensed Content;
5. any breach of you of this Agreement.

CLAUSE 11 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.

13. WARRANTY AND DISCLAIMER

THIS MARKETPLACE IS PROVIDED “AS IS” AND NEWSREACH, ITS DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU AGREE THAT YOUR USE OF THE MARKETPLACE AND SERVICES PROVIDED THROUGH THE MARKETPLACE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NEWSREACH, ITS OFFICERS, DIRECTORS, ASSOCIATES, EMPLOYEES, AGENTS AND SERVICE PROVIDER EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE MARKETPLACE AND SERVICES PROVIDED THROUGH THE MARKETPLACE.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEWSREACH EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MARKETPLACE AND SERVICES PROVIDED THROUGH MARKETPLACE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

1. ERRORS, MISTAKES, OR INACCURACIES OF THE MARKETPLACE,
2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MARKETPLACE,
3. ANY UNAUTHORIZED ACCESS TO THE MARKETPLACE OR USE OF ANY CONTENT AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION OF SERVICES TO OR FROM OUR MARKETPLACE,
5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR MARKETPLACE BY ANY THIRD PARTY, AND/OR
6. ANY ERRORS OR OMISSIONS IN ANY SERVICES PROVIDED THROUGH MARKETPLACE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE MARKETPLACE OR ANY SERVICES THEREOF. NEWSREACH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MARKETPLACE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NEWSREACH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THE LICENSEE OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH THE MARKETPLACE, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
   LISTING OR OTHERWISE UPLOADING THE CONTENT FOR LICENSING ON NEWSREACH MARKETPLACE DOES NOT GUARANTEE ANY RESULT AND NEWSREACH DOES NOT WARRANT OR OTHERWISE GUARANTEE TRAFFIC OR VISIBILITY OTHERWISE THAN IN THE NORMAL COURSE.

14. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NEWSREACH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY

1. ERRORS, MISTAKES, OR INACCURACIES OF MARKETPLACE,
2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR OR YOUR LICENSEE’S ACCESS TO AND USE OF THE MARKETPLACE, (
3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR MARKETPLACE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR MARKETPLACE,
5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR MARKETPLACE BY ANY THIRD PARTY, AND/OR
6. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR SERVICES PROVIDED THROUGH MARKETPLACE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY SERVICES PROVIDED THROUGH MARKETPLACE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NEWSREACH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, NEWSREACH LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE SERVICES AGAIN (OR THE COST OF SUPPLYING YOU THE SERVICES AGAIN).
YOU SPECIFICALLY ACKNOWLEDGE THAT NEWSREACH SHALL NOT BE LIABLE FOR ANY CONTENT AVAILABLE ON THE MARKETPLACE OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NEWSREACH, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE MARKETPLACE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO NEWSREACH FOR ACCESS TO OR USE OF THE MARKETPLACE OR THE SERVICE PROVIDED THEREOF.
The Marketplace is controlled and offered by NEWSREACH from its facilities in India. NEWSREACH makes no representations that the Marketplace and the services provided through Marketplace are appropriate or available for use in other locations. Those who access or use the Marketplace from other jurisdictions do so at their own volition and are responsible for compliance with local law.

15. COMPETENCE

1. You agree that you are an adult, above the age of 18 years, and are competent to contract as per the provisions of the Indian Contract Act, 1872. There shall be a presumption drawn if you are a minor, accessing and availing of the Services that you are under the supervision of your guardian/s. Newsreach does not intentionally collect any information from minors as the registration process is completely autonomous.
2. If you are accessing, browsing, and availing of these services on someone else’s behalf; you represent that you have the authority to bind that person to all the terms of use and other agreements herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Site/ any transaction done by you or resulting from such access or use of the Site in whatsoever nature.
3. Newsreach reserves the right to terminate, delete, remove, disable, or suspend your account if you are a minor user breaching these terms, without giving any notice or providing any reasons thereof for such termination subject to Privacy Policy and other agreements.

16. ASSIGNMENT

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by NEWSREACH without restriction.

17. APPLICABLE LAW AND JURISDICTION

1. These Terms of Content Contributors and all transactions entered into on or through the Website and the relationship between You and NewsReach shall be governed in accordance with the laws of India without reference to conflict of laws principles.
2. You agree that all claims, differences and disputes arising under or in connection with or in relation thereto the Website, these Terms of Content Contributors, the Agreement(s) or any transactions entered into on or through the Website or the relationship between You and NewsReach shall be subject to the exclusive jurisdiction of the courts at Mumbai, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non-conveniens. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.

18. ARBITRATION AND MEDIATION

1. In the event of a dispute arising out of or relating to these Terms of Content Contributors or any other Agreement(s), including any question regarding its existence, validity or termination, the parties shall first seek settlement of that dispute by mediation.
2. If the dispute is not settled by mediation within 60 days of the appointment of the mediator, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the provisions of Arbitration and Conciliation Act, 1996 as amended and in force.
3. The language to be used in the mediation and in the arbitration shall be English. The governing law of the contract shall be the substantive law of India. In any arbitration commenced pursuant to this clause, (i) the number of arbitrators shall be one; and (ii) the seat, or venue of the arbitration shall be Mumbai, India

19. MISCELLANEOUS

1. 1. 1. Notice: All notices with respect to these Terms of Content Contributors from NewsReach will be served to You by email or by general notification on the Website. Any notice provided to NewsReach pursuant to these Terms of Content Contributors should be sent to Grievance Officer at help@newsreach.in .
      2. Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. NewsReach’s rights and/or obligations under the Agreement are freely assignable or otherwise transferable by NewsReach to any third parties without the requirement of seeking Your prior consent. NewsReach may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. NewsReach shall have the right to transfer Your Account and Account Information to a third party who purchases NewsReach’s business as conducted under the Website.
      3. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. NewsReach may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.
      4. Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Content Contributors or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
      5. Principal to Principal Relationship: You and NewsReach are independent contractors, and nothing in these Terms of Content Contributors will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and NewsReach. As an abundant caution, it is clarified that NewsReach shall not have any right to conclude any contract for license of Content for and/or on Your behalf and both You and NewsReach have entered this agreement on principal to principal basis.
      6. Force Majeure: If performance of any service or obligation under these Terms of Content Contributors or other Agreement by NewsReach is, or other third parties in fulfilment of any licensing or other transaction are, prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of NewsReach or its third parties performing such services as sub-contractor to NewsReach and could not have been prevented by reasonable precautions (each, a “Force Majeure Event”), then NewsReach shall be excused from such performance to the extent of and during the period of such Force Majeure Event. NewsReach shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.
      7. Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of NewsReach for the purpose of this Agreement shall be Mrs. Sarvagnya Manubarwala with email address: help@newsreach.in . NewsReach may change the aforesaid details from time to time under intimation to You.