Welcome to Merrative!
MERRATIVE is a free web service network site to connect like-minded readers and have conversations around books, articles or newsletters you’ve loved reading.
MERRATIVE always intends to do the right, ethical and legal thing on this site and asks you to make a fair judgment as you read, use, and share the content hosted on MERRATIVE. While using MERRATIVE, don’t edit any content that belongs to others without permission. If MERRATIVE has made an error, let us know. You can reach us at support@merrative.com
If you would like to be part of the MERRATIVE network and intend to become a member, we require you to accept these Terms and Conditions.
You are requested to READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY before accepting.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The content and services offered at MERRATIVE website www.Merrative.in ( ‘Site’), and any associated sites from time to time, and any communications service including the links and other information, or other interactive services that may be available to you on or through the Site (all together referred as ‘Services’), are provided to you under these terms and conditions of use (the ‘Terms’). These Terms together along with documents referred to in it form the entire agreement between you and MERRATIVE and supersede all prior agreements between you and MERRATIVE on the subject matter contained in these Terms.
BY USING ANY OF MERRATIVE SERVICES AS STATED HEREINABOVE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS. USE OF MERRATIVE SERVICES INCLUDES ACCESSING, BROWSING OR REGISTERING TO USE MERRATIVE SERVICES.
2. INFORMATION ABOUT US
MERRATIVE Services are operated by Merrative Technologies Pvt Ltd (‘MERRATIVE’). MERRATIVE is registered in INDIA as PRIVATE LIMITED COMPANY under the Companies Act 2013 and have registered office at Krishna CHS, Kamraj Marg, Ganesh Nagar, Kandivali (W), Mumbai – 400067.
3. ELIGIBILITY AND SERVICES VOID WHERE PROHIBITED
You must be thirteen or older to use the Services. Use of the Services is void where prohibited. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all these Terms.
4. ADDITIONAL APPLICABLE TERMS
Following additional terms will also apply to your use of MERRATIVE Services:
MERRATIVE Privacy Policy, which sets out the terms on which MERRATIVE process any personal data MERRATIVE collect from you, or that you provide to MERRATIVE. By using our Services, you consent to such processing and you warrant that all data provided by you is accurate.
MERRATIVE Cookie Policy, which sets out information about the cookies on MERRATIVE site.
5. AMENDMENT TO THESE TERMS
MERRATIVE may change these Terms from time to time and at any time, and without actual notice to you and shall be binding on you. You agree to those changes. In case and if at any time you choose not to accept these Terms, you may accordingly decide whether to use or not use the Services.
6. DESCRIPTION OF SERVICE
MERRATIVE is a vertical community network that exists to help MERRATIVE members and users to achieve personal development through reading, connect with like-minded readers and express their thoughts on the content they consume. With this goal in mind, MERRATIVE provides users of the Services with a variety of online services, including but not limited to:
ONLINE COMMUNITY OF readers’ network to help members to showcase their reading journeys and to connect with each other, to find their next reads and have discussions on the same.
USER-GENERATED CONTENT uploaded or entered media content created by readers, writers, publishers and brands.
PURCHASE BOOKS/ARTICLES via affiliate networks or direct purchasing.
EVENTS AND GETTOGETHER hosted by MERRATIVE or MERRATIVE users.
OTHER ACTIVITIES through the Services.
In order to use any feature of the Services not described above, you may be required to register for a free MERRATIVE account.
7. USER CONTENT RESPONSIBILITY
MERRATIVE shall not be responsible for any data, text, software, music sound, images, photographs, graphics, video, messages, files or other materials (‘content’) which are transmitted, posted, or distributed by you via MERRATIVE Services, including but not limited to the contents of your e-mail communications, information, photos or images posted by you or posted to your profile page and information, photos, images, sound files or other Content posted by you in a forum or other page.
You shall be solely responsible for any breach in the content which is transmitted, posted, or distributed on the MERRATIVE services.
MERRATIVE do not own or control the Content are transmitted, posted, or distributed by users of the Services and do not guarantee the accuracy, integrity or quality of the Content.
You may be exposed to Content that is transmitted, posted, or distributed by other users of the Services that may be offensive, indecent or objectionable. Under no circumstances will MERRATIVE be liable in any way for any Content are transmitted, posted, or distributed by any user of the Services or third party, including, but not limited to, liability for infringements of third party rights, any errors or omissions in the Content or for any loss or damage of any kind incurred as a result of the use of any Content are transmitted, posted, or distributed, e-mailed or otherwise transmitted via the Services.
MERRATIVE does not represent or guarantee that postings for advertisements via the Services will result in applications being made.
8. GRANT OF LIMITED LICENCE
You warrant and represent that you own all right, title and interest to your content and to any likenesses contained in your content and /or have the legal right to post such content on the Services and to grant the licence to MERRATIVE as stated below.
You grant MERRATIVE a licence for the royalty-free, unrestricted, worldwide, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, distribute, perform and display your Content, worldwide in any form, media, or technology now known or later developed. Such licence enables MERRATIVE to feature or use your Content through the Services and in promotional or marketing materials. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of your content.
9. CONTENT AND INTEGRITY
The Services and any related services provided to you are provided solely for information, entertainment and organisational purposes.
These content standards apply to any and all Content which you contribute to our Services, and to any interactive services associated with them. As regards the content you contribute, you must comply with the following.
You agree to provide true, accurate, current and complete information about yourself as per the subscription form, and/or any registration form. If any information provided by you is or becomes untrue, inaccurate, not current or incomplete, MERRATIVE reserve the right to reject any of your Content and to terminate your right to use the Services and refuse any and all current or future use of any services related to them.
There is no obligation on MERRATIVE to test the accuracy or currency of your Content.
Without limitation of the foregoing, not to use the Services to submit any content which: is unlawful , harmful, threatening, abusive, harassing; might reasonably be regarded by MERRATIVE which promotes or advertises any product or article, or may otherwise cause annoyance or inconvenience to users of the Services; breaches any applicable law or regulation, or is in breach of any relevant advertising or other industry codes of practice; is defamatory, vulgar, libellous, deceptive, fraudulent ;contains explicit or graphic descriptions or accounts of sexual acts or promotes sexually explicit material, is invasive of another’s privacy, or hateful; or that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; promotes violence; infringes any Intellectual Property Rights of any other person or entity; is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; impersonates any person, or misrepresent your identity or affiliation with any person; and/or gives the impression that it emanates from Us, if this is not the case; not to harvest, collect or store information about users of the Services or the Content posted by others on the Services or use such information for any purpose inconsistent with the purpose of the Services or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. Illegal and/or unauthorized use of the Services, including aggregating usernames and other contact information for the purpose of sending unsolicited communications is prohibited; unauthorized framing of the Services is also prohibited.
Noncompliance of the above may result in your being removed from participant listings without notice and may result in termination of your privileges for participation in relation to the Services.
MERRATIVE are not responsible for material submitted to MERRATIVE or posted to the Services by users of the Services.
MERRATIVE do not monitor, review or edit the content posted by users of the Services. MERRATIVE have the right at MERRATIVE sole discretion to refuse or remove any content, in whole or part that in MERRATIVE judgment does not comply with these Terms.
You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material to MERRATIVE.
10. FEES AND PAYMENT
This clause only applies if you avail any paid services of MERRATIVE and you agree to pay MERRATIVE for the services availed.
MERRATIVE will ONLY accept online payment as approved and invoice you upon your use of the relevant part of the Service and payment.
You must pay the amount invoiced within 30 days of the date of the invoice using one of the payment methods specified on the invoice.
We may provide a refund in the case of error or mistake. Further, nothing in this policy will affect your right to a refund where you are entitled to one at law. This will depend on which jurisdiction you are in.
For all cancellation and refund issues, please contact support@merrative.com
11. MODIFICATIONS TO THE SERVICES
MERRATIVE shall have the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services or any related services with or without notice. You agree that MERRATIVE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or any related services.
12. INTELLECTUAL PROPERTY INFRINGEMENTS
MERRATIVE helps you to protect your intellectual property rights. In the event you have a complaint that your rights have been infringed, you call us or send full details of your complaint to support@merrative.com
In case you are found involved in the repeated infringement of other Intellectual Property Rights, MERRATIVE may disable your account.
13. INDEMNITY
You agree to defend, indemnify and hold MERRATIVE, its affiliates, officers, directors, employees, representatives, successors and assigns, harmless from any and all claims, liabilities, costs and expenses, including reasonable legal fees, arising in any way from your use or misuse of the Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any content or other materials by you or users of the Services authorized by you or any violation of these Terms by you.
14. PRESERVATION AND DISCLOSURE OF YOUR CONTENT
You agree that MERRATIVE may preserve your content and may also disclose your content and certain personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary: (a) to comply with legal process; (b) to enforce these Terms; (c) to respond to claims that any of your Content violates the rights of third parties, or (d) to protect MERRATIVE and/or MERRATIVE users of the Services.
Technical processing and transmission of the Services by MERRATIVE for the rendering of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform to technical requirements of connecting networks. In this connection, MERRATIVE assumes no responsibility for the deletion or failure to store your content or other information submitted by you or other users of the Services to MERRATIVE.
You agree that all content which you view, submit or post is at your own risk, including any reliance on the accuracy, completeness, or usefulness of such content. You agree that the views expressed on the Services do not necessarily reflect MERRATIVE views, and MERRATIVE does not endorse content posted or submitted by you or any other user of the Services.
In your use of the Services, MERRATIVE does not solicit nor do MERRATIVE desire to receive any confidential, secret or proprietary information or other material from you. Any such information or material submitted or sent to MERRATIVE will be deemed not to be confidential or secret. By submitting or sending information or other material to MERRATIVE you represent and warrant that the information is original to you and that no other party has any rights to the material, and that the material and information will not violate any of the prohibitions set out in these Terms.
15. LINKED SITES
You may be able to link to third parties’ sites (‘Linked Sites’) from the Services.
Linked Sites are not reviewed, controlled, or examined by MERRATIVE in any way and MERRATIVE are not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein.
It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon.
MERRATIVE shall not be liable, directly or indirectly, to anyone for any loss or damage caused by or in connection with use of the Linked Sites or the information or material accessed through these Linked Sites.
MERRATIVE reserve the exclusive right to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Services and/or to introduce different features or links to different users of the Services.
CAUTIONARY NOTICE AND WARNING: LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT MAY BE OFFENSIVE, INCLUDING BUT NOT LIMITED TO MATERIAL DEPICTING VIOLENCE, SEXUALLY EXPLICIT MATERIAL AS WELL AS OTHER OBSCENE MATERIAL THAT MAY BE UNSUITABLE FOR MINORS. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY OR SOCIAL STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
It is necessary to obtain permission from MERRATIVE for any type of link to the Services.
You may write to MERRATIVE at support@merrative.com. MERRATIVE reserve the right to deny permission to link to the Services or rescind any permission previously granted by MERRATIVE to link through any type of link, and to require termination of any such link to the Services, at MERRATIVE discretion at any time.
16. PASSWORD AND ACCOUNT
You will be provided with identification code, password or any other of information as part of MERRATIVE security set up, you must treat such information as confidential. You shall not disclose it to any third party.
MERRATIVE shall have the right to disable any user identification code or password, whether chosen by you or allocated by MERRATIVE, at any time, if in MERRATIVE reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@merrative.com.
17. ADVERTISERS & SPONSORS LIABILITY
Your interaction or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that MERRATIVE shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
18. PARENTAL PERMISSION
The Services are not intended for use by children under thirteen (13) years of age, and MERRATIVE does not knowingly collect personal information from children under thirteen years of age. Some of the available information may concern certain topics that may not be appropriate for children.
MERRATIVE may require users of the Services under 18 to obtain the consent of a parent or guardian to view certain content.
19. JURISDICTION AND APPLICABLE LAWS
Any dispute under these terms and conditions shall be subject to the laws of India and the courts in Mumbai in the State of Maharashtra shall have the exclusive jurisdiction. The laws of India shall apply. In the event of any conflict of laws, the laws of India shall prevail.
20. DATA PROCESSING
20.1. For the purposes of this clause the following defined terms shall have the following meanings:
20.1.1 “Data Protection Law” shall mean (a) the Information Technology Act, 2000 as a force in India and such other applicable laws including Data Protection Act as may be in force at the relevant time; or (b) the General Data Protection Regulation may be applicable, read in conjunction with and subject to any applicable laws that provide for specifications or restrictions; or (c) from the date of implementation, any applicable legislation that supersedes or replaces existing laws in force in India; and
20.1.2 “personal data”, “controller”, “processor”, “data subject”, and “processing” (and other parts of the verb “to process”) shall have the meaning set out in the Data Protection Laws.
20.2 Each party shall comply at all times with Data Protection Law as applicable and shall not perform its obligations under these Terms in such a way as to cause the other to breach any of its applicable obligations under Data Protection Law.
20.3 In the context of these Terms, you will act as “processor” to MERRATIVE who will be “controller” with respect to the personal data.
20.4 Where you process personal data shared by MERRATIVE, with respect to such processing, you shall:
20.4.1 Process the personal data only in accordance with these Terms and not otherwise make any use of the personal data for your own purposes, unless you have a valid and lawful basis for doing so;
20.4.2 only permit the personal data to be processed by persons who are bound by enforceable obligations of confidentiality and take steps to ensure such persons only act on your instructions in relation to the processing;
20.4.3 Protect the personal data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure;
20.4.4 Remain entitled to appoint third party sub-processors. Where you appoint a third party sub-processor, you shall, with respect to data protection obligations:(a) ensure that the third party is subject to, and contractually bound by, at least the same obligations as you; and(b) remain fully liable to MERRATIVE for all acts and omissions of the third party, and all sub-processors engaged by You as at the effective date of these Terms shall be deemed authorized;
20.4.5 In addition to the sub-processors engaged pursuant to paragraph 20.4.4 (above), be entitled to engage additional or replacement sub-processors, subject to:(a) the provisions of paragraph 20.4.4(a) and 20.4.4(b) being applied; and (b) you notifying MERRATIVE of the additional or replacement sub-processor, and where We object to the additional or replacement sub-processor, the parties shall discuss the objection in good faith;
20.4.6 Promptly alert and inform MERRATIVE of a personal data breach suffered by You or by any third parties to which personal data has been transferred and provide all necessary co-operation and assistance to enable MERRATIVE to comply with MERRATIVE obligations under Data Protection Law and to reduce the impact of the incident on MERRATIVE business operations and reputation;
20.4.7 At MERRATIVE cost and not more than once in any 12 month period permit MERRATIVE, to inspect and audit Your data processing activities to enable Us to verify and/or procure that You are complying with your obligations under this clause 20;
20.4.8 On MERRATIVE reasonable request and at MERRATIVE cost, assist MERRATIVE to respond to requests from data subjects who are exercising their rights under the Data Protection Law;
20.4.9 On MERRATIVE reasonable request and at MERRATIVE cost, assist MERRATIVE to comply with MERRATIVE obligations under the Data Protection Law in relation to (a) notifying a supervisory authority that MERRATIVE has suffered a personal data breach; (b) communicating a personal data breach to an affected individual; (c) carrying out an impact assessment; and (d) where required under an impact assessment, engaging in prior consultation with a supervisory authority; and
20.4.10 Unless applicable law requires otherwise, upon the termination of these Terms at MERRATIVE option, and unless you have a valid and lawful basis under the Data Protection Law for continuing to hold and process personal data provided by MERRATIVE, (a) delete all such personal data permanently, safely and securely and provide MERRATIVE with a certificate of destruction; and/or (b) return to MERRATIVE all such personal data and any other information provided by MERRATIVE to You, and (c) cease to process the personal data.
20.4.11 You shall indemnify and hold Us harmless on demand for any loss, damage, liabilities, penalties, expenses or fines incurred (whether foreseeable or unforeseeable or direct or indirect) as a result of you breaching your obligations under this clause 20 (Data Processing).
21. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE”.
TO THE EXTENT PERMITTED BY LAW, MERRATIVE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS) EXCLUDE ALL CONDITIONS WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO OUR SERVICES AND OR ANY CONTENT ON THEM INCLUDING, BUT NOT LIMITED TO (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE SERVICES; AND (ii) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SECURITY, OR FITNESS FOR A PARTICULAR PURPOSE.
SUBJECT TO THE CLAUSE BELOW, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR LOSS CAUSED BY US OR THE SERVICES, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION.
MERRATIVE DO NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.