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Last Updated: [July 22, 2024]
Welcome to Ginni Social (the “Platform”), which is provided by Oonzoo Portal LLC or one of its affiliates (“Ginni”, “we” or “us”).
Ginni is a social entertainment app that empowers creators and fans to monetise their content and time. It enables individuals to turn their passions into earnings by posting content or simply scrolling through it. Ginni bridges the gap between influencers/creators and fans, allowing both to earn by doing what they love. It helps you monetise creating and consuming content.
These Terms of Use (the “Terms”), govern the relationship and serve as an agreement between you and us, and set forth the terms and conditions by which you may access and use the Platform and any related websites, services, applications, products and/or content (collectively, the “Services”). For purposes of these Terms, “you” and “your” means the user of the Services.
The Terms form a legally binding agreement (the “Agreement”) between you and Ginni, in relation to your use of the Platform.
1.1. Please read these terms and conditions carefully. By accessing the Platform or using our Services, you confirm that you can form a binding contract with Ginni, that you accept these Terms and that you agree to comply with them. Your access to and use of our Services is also subject to our Privacy Policy and Community Guidelines, the terms of which can be found directly on the Platform, and are incorporated herein by reference. By using the Services, you consent to the terms of the Privacy Policy. If you do not agree with all of the use requirements and restrictions described herein, do not use and/or access the Platform or our Services.
1.2. The Platform and/or Services may only be accessed by persons aged 13 years and above. By using the Platform and/or Services, you confirm that you are over the relevant age specified herein. If we learn that someone under the relevant age specified above is using the Platform and/or Services, we will terminate such user’s account.
1.3. If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind such business or entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Platform and/or Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.
Ginni reserves the right to change or modify any of the terms and conditions contained in this Agreement including any other policy incorporated herein by reference, at any time and in its sole discretion. Any new features or tools which are added to the Platform shall also be subject to the Terms. Any changes or modification will be effective immediately and you waive any right you may have to receive specific notice of such changes or modifications. You are free to decide whether or not to accept the changed/modified version of this Agreement, but accepting such a changed/modified Agreement is essential and required for you to continue using the Platform. You may have to click “accept” or “agree” to show your acceptance of any changes/modifications made to this Agreement. In the event that you are not required to expressly click any such “accept” or “agree” option, your continued use of this Platform and/or the Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you agree that you will periodically review this Agreement from time-to-time to understand the terms and conditions that apply to your access or use of the Platform and/or Services. If you do not agree to the terms of this Agreement or to any changed/amended/modified version of this Agreement, your sole recourse is to terminate your use of the Platform, in which case you will no longer have access to the Platform, including any account you might have created. Except as otherwise expressly stated, any use of the Platform and/or the Services, is subject to the version of this Agreement in effect at the time of use.
3.1. To access or use some of our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete. The account created by you is linked to your email address and/or phone number. Hence, you will provide us with your email address and/or phone number, and will choose a password for your account. You must ensure that the email address and/or phone number that you provide is, and remains, valid. Your email address, phone number and any other information you choose to provide about yourself will be treated in accordance with our Privacy Policy.
3.2. It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at: support@ginnisocial.com
3.3. You agree that you are solely responsible (to us and to others) for the activity that occurs under your account..
3.4. We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Platform and/or Services or infringe or violate any third party rights, or violate any applicable laws or regulations.
3.5. If you no longer want to use our Services or access the Platform again, and would like your account deleted, contact us at: support@ginnisocial.com We will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
3.6. If your email address changes, you must establish a new account in order to ensure your continued use of the Platform from that new email. Your account is not transferable between email addresses.
3.7. We reserve the right to disallow, cancel, remove or reassign certain passwords and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of this Agreement or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.
3.8. If you are a user with several accounts, and you breach any of the terms or conditions set forth in this Terms, we may, at our sole discretion, suspend or terminate all of your accounts. If you are in arrears in payment of any of your accounts, we may recover any amounts outstanding on any of your accounts from any of your other accounts that may have credit balances.
When you use the Platform or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and 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 such other mode of communication, electronic or otherwise
In return for our commitment to provide the Service, we require you to make the below commitments to us. Who can use Ginni? We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure and in accordance with the law. So, we need you to acknowledge the following representations in order to be part of the Ginni community: You must not be prohibited from receiving any aspect of our Service or accessing our Platform under applicable laws. We must not have previously disabled your account for violation of law or any of our policies. You must not be a convicted sex offender in any jurisdiction.
6.1. You cannot impersonate others on the Platform or provide inaccurate information to us. You do not have to disclose your identity on Ginni, but you must provide us with accurate and up-to-date information (including registration information), which may include providing personal data. Also, you may not impersonate someone or something you are not, and you cannot create an account for someone else unless you have their express permission.
6.2. You cannot do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
6.3. You cannot violate (or help or encourage others to violate) these Terms or our policies.
6.4. You cannot do anything to interfere with or impair the intended operation of the Platform. This includes misusing any reporting, dispute, or appeals channel, such as by making fraudulent or groundless reports or appeals.
6.5. You cannot attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission.
6.6. You cannot sell, license, or purchase any account or data obtained from us or our Platform. This includes attempts to buy, sell, or transfer any aspect of your account (including your username); solicit, collect, or use login credentials or badges of other users; or request or collect Ginni usernames, passwords, or misappropriate access tokens.
6.7. You cannot post someone else’s private or confidential information without permission or do anything that violates someone else's rights, including intellectual property rights. You represent you own or have obtained all necessary rights to the content you post or share.
6.8. You cannot modify, translate, create derivative works of, or reverse engineer our products or their components.
6.9. You cannot use a domain name or URL in your username without our prior written consent.
As part of this Agreement, you also give us permissions that we need to provide the Services.
7.1.Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads and sponsored content. You give us permission to show your username, profile picture and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers and other sponsored content that you follow or engage with that are displayed on the Platform, without any compensation to you.
7.2.You agree that we can download and install updates to the Platform on your device.
8.1. Ginni, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Platform. Access to or use of the Platform does not confer and should not be considered as conferring upon anyone any license, sub-license to the Ginni’s intellectual property rights. All rights, including copyright, in and to the Platform are owned by or licensed to Ginni. Any use of the Platform or its contents, including copying or storing it or them in whole or part is prohibited without the express prior written consent of Ginni.
8.2. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Ginni of your infringement claim on copyright@ginnisocial.com
8.3. For a specific copyright takedown, there are two ways in which you may takedown a video. (i) Each User Content (as defined under the Privacy Policy) has an option in where a copyright owner can file a copyright complaint or report against a particular User Content. The complaint and User Content is then reviewed by the copyright and infringement team of Ginni Social. (ii) We will also provide you or any third party a form which may be obtained from our website at www.ginnisocial.com/copyrightcomplaintform, where the copyright owner may file a copyright complaint or report for the User Content. Upon review, the copyright and infringement team of Ginni Social will act upon the complaint or report within 48-72 hours.
8.4. We do not claim ownership of your content, but you grant us a licence to use your content on the Platform. You hereby grant to us a non-exclusive, royalty-free, transferable, sublicensable, worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of your content. This licence will end when your content is deleted from our systems. You can delete content individually or all at once by deleting your account. To learn more about how we use information, and how to control or delete your content, review the Privacy Policy.
8.5. If you use content covered by intellectual property rights that we have and make available on our Platform (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not to yours).
8.6. You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
9.1. The Platform is provided “as is”, and we do not represent or warrant that the Platform will always be available, accessible, uninterrupted, timely, secure, accurate, complete, error-free or will operate without data loss, nor do we warrant any particular quality of the Platform, software or services. We disclaim any and all other warranties and representations (express or implied, oral or written) with respect to the Platform, whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise, including any and all (a) warranties of merchantability, (b) warranties of fitness or suitability for any purpose (whether or not we know, we have reason to know, we have been advised or we are otherwise aware of any such purpose), (c) warranties of non-infringement or condition of title, and (d) warranties that the site, the Platform will operate without interruption or error. You acknowledge and agree that you have relied on no warranties.
9.2. Where the law of any jurisdiction limits or prohibits the disclaimer of implied or other warranties as set out above, the above disclaimers shall not apply to the extent that the law of such jurisdiction applies to this agreement.
10.1. Neither we nor our related parties are liable to you or any third party for any loss of profits, loss of use, loss of revenue, loss of goodwill, any interruption of business, loss of or damage to business or reputation, loss of opportunity, loss of advantage, loss of use of any software or data, loss of use of any mobile phone or other equipment, loss of use of the system on which the Platform is used, or for any indirect, special, incidental, exemplary, punitive or consequential damages of any kind arising out of or in connection with this Agreement and/or the Platform, regardless of the form of action, whether in contract, tort, strict liability or otherwise, even if we have been advised or are otherwise aware of the possibility of such damages.
10.2. We and our related parties are not liable for any delay or default in performance under this Agreement caused by an event beyond our reasonable control, including but not limited to, war, accident, act of god, industrial action, embargo or a delay, failure or default by you, your wireless carrier, or any other supplier of goods or services to us or to you.
10.3. Without limiting the generality of the foregoing, we may provide third party content on the Platform and may provide links to web pages and content of third parties (collectively, “Third Party Content”) as a service to those interested in this information. We do not monitor or have any control over any Third Party Content or third party web sites. We do not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. We do not represent or warrant the accuracy of any information contained therein, and we undertake no responsibility to update or review any Third Party Content. Your use such Third Party Content contained therein at your own risk.
11.1. You represent and warrant that you will: (a) comply with all of your wireless carrier’s terms and conditions; and (b) not breach any of the terms set forth in this Agreement (c) the accuracy and truthfulness of all information you provide to the Platform for uploading to the Platform or otherwise, and (2) no information you upload to the Platform shall infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity).
11.2. Ginni expressly disclaims all representations, warranties, conditions, or indemnities, express or implied in respect of the Platform.
11.3. You agree to indemnify and hold us and our related parties harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action or proceeding against us or our related parties, whether successful or not, resulting from, arising in connection with or relating to: (a) your breach of any term of this Agreement or any policy or guidelines referred to in it; (b) your use or misuse of the Platform; (c) the exploitation of your content on the Platform, or (d) any breach of any of your representations and warranties. We hold no responsibility whatsoever for the information and/or content shared by the you on the Platform.
This Agreement to be applicable and shall be binding on the parties, i.e., you and the Platform, unless terminated as specified below:
(i) If you close your account on the Platform. You may terminate this Agreement at any time, provided that you discontinue any further use of this Platform;
(ii) Ginni may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Platform. Such termination
will be without any liability to Ginni.
Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.
14.1. Relationship of the Parties: You acknowledge and agree that nothing in this Agreement, including, but not limited to, registration with our Platform, constitutes an employment agreement or creates or acknowledges an employment relationship between you and us or makes us partners, joint venturers or otherwise participants in a joint undertaking. Our relationship shall at all times be one of independent contractors.
14.2. Amendments: We reserve the right to change or amend the terms of this Agreement at any time. It is your responsibility to check this Agreement on a regular basis, including, without limitation, prior to using the Platform. Your continued use of the Platform constitutes your acceptance of the revised terms.
14.3. Notices: Notices by you to us hereunder shall be invalid unless made in writing to the following mailing address admin@ginnisocial.com, anshu.p@ginnisocial.com. Notices by us to you may be made in any manner we deem appropriate in our sole discretion.
14.4. Assignment and Delegation: You must not transfer your account or assign any of your rights or delegate any of your duties under this Agreement without our prior written approval. We may freely transfer, assign or delegate this Agreement or its rights and duties under this Agreement. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns.
14.5. Privacy: Ginni’s Privacy Policy is available on Privacy Policy
, which is hereby incorporated into this Agreement, explains how we will handle your personal information.
14.6. Confidentiality: You must keep any information you obtain relating to our software confidential and will not use such information for any purpose that is not specifically provided for in this Agreement or authorized by us in writing.
14.7. No Waiver: Our failure or delay to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect our right to later enforce or exercise it.
14.8. Headings: The headings used in this Agreement are intended for convenience of reference only and in no way define, limit or describe the scope or substance of any of its provisions.
14.9. Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of India. You consent to the jurisdiction of the courts of Mumbai, for any and all disputes arising under or in connection with this Agreement.
14.10. Prevailing Language: The English language version of this Agreement shall be
controlling in all respects and shall prevail in case of any inconsistencies with
translated versions, if any.
