These Terms & Conditions (“Terms”) are issued by Saransh Ventures Private Limited (the “Company”, “we”, “us” or “our”) in accordance with the provisions of applicable law, including the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023 and the rules made thereunder which require the publication of the privacy policy and terms of use for access or usage of any digital platforms.
These Terms govern your usage and access of our photo discovery platform ‘www.captured.co.in’ which makes available photos of running and other endurance events (“Platform”, “Website” or “Web page”).
Please read these Terms carefully to understand our policies and practices. By accessing or using our Platform, you agree to accept all the terms contained in these Terms and acknowledge and agree with the practices described herein. If you do not agree with the Terms, please do not access and use our Platform.
In order to create an event on the Platform, you (“User”) are required to register on the Platform by creating a user account by providing us with information such as your name, phone number, and a valid email address. Additionally, your payment details will be collected at the time of making or receiving payments through the Platform. The manner in which we collect, use, store or disclose your personal information collected on the Platform has been outlined in our Privacy Policy.
While sharing such information, you agree to provide complete and accurate information about yourself. You shall not impersonate any third party or share information for anyone other than yourself. You are solely responsible to maintain your credentials confidential and for all activity that occurs in association with your user account.
The Platform is a photo discovery platform which provides high quality photos to participants of running and other endurance-based events. Users can create an event on the Platform and upload original photos of such events and sell these photos on the Platform, to other users who wish to purchase them. In order to upload your photographs, you are required to purchase credits (“Credits”) on the Platform. Only users with validly purchased Credits are permitted to upload their original photographs.
Note that there is currently no restriction on the extent of Credits that you can purchase, and the number of photographs that you can upload. However, we retain the right, in our sole discretion, to restrict the purchase of Credits or introduce limits/caps on the Credits and/or the value of the Credits. You will be duly intimated of any such revisions to these Terms.
You may access the Platform only to avail the services that are offered by us. You are solely responsible for adhering to and complying with all laws, rules, and regulations pertaining to your use of the Platform. You agree that you will not in any way:
(a) host, display, upload, modify, publish, transmit, store, update or share any photos and/or information that:
- does not belong to you and to which you have no right;
- is not your original photographs;
- is harmful to a child or which is obscene, pornographic, paedophilic, invasive of another’s privacy, insulting or harassing on the basis of gender, racially or on any other discriminatory manner;
- is otherwise objectionable;
- infringes any patent, trademark, copyright or other proprietary rights;
- deceives or misleads others about the origin of the photograph or information; or
- knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature;
(b) interfere with the ability of others to access or use the Platform;
(c) use the Platform to transfer, any content or other material that contains or constitutes viruses, trojan or other code with malicious, disruptive and/or destructive features;
(d) attempt to gain unauthorized access to any hardware or software system, or networks associated with the Platform, or obtain the services or information not intentionally made available to you by us on or through the Platform; and
(e) decompile, reverse engineer or disassemble any content accessible through the Platform, nor insert any code or product or manipulate the content of the Platform in any way that affects the user's experience, and shall not use any data mining, data gathering or extraction method.
The Company collects information through the use of cookies. Cookies are anonymous, and unique alphanumeric identifiers sent from our website and stored in your web browser while you are browsing. With the use of these cookies, we collect, amongst others, your Internet Protocol (IP) address used to connect your computer to the internet. We collect information such as your browser type and version, operating system and the content you viewed or searched on the Platform and other related information.
The Platform, including but not limited to, the text, graphics, logos, button icons, images, digital downloads, code, and software used on or incorporated into the Platform is the sole property of the Company, and is protected by applicable intellectual property laws. You agree not to decompile, reverse engineer or disassemble any content accessible through the Platform, not to insert any code or product or manipulate the content of the Platform in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. We reserve the right to suspend or terminate your user account immediately, if we, in our sole and absolute discretion, believe that you are in violation of this clause.
https://www.captured.co.in/ is the registered domain of the Company. The Platform, including, but not limited to its text, graphics, logos, button icons, images, scripts and service names constitute trademarks/trade dress of the Company. The trademarks, domain names and trade dress of the Company shall not be used in connection with any product or service that is not affiliated with the Company in any manner that is likely to (a) cause confusion among users or potential users; or (b) dilute the rights of the Company; or (c) to disparage or discredit the Company.
Any content that you upload through your user account solely belongs to you, and upon a successful purchase of the photographs to another user, such purchaser will be considered to be lawful owner of such photographs, with full rights to deal with such photographs as they deem fit.
We reserve all rights, not otherwise claimed under the Terms and our Policy.
As we are a data fiduciary, we will make reasonable efforts to protect and secure the data that is provided by you when entering information on the Platform. We will only process the data and utilize it for the specified purposes for which the data has been provided to us or as permitted to be used under applicable law. If at any point in time, you wish to access, edit or remove the information that has been provided on the Platform, we will respond within sufficient time, or as specified under law.
You agree to indemnify, defend, and hold the Company and its officers, employees and directors (the “Indemnitees”) harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys’ fees) resulting from any claim, suit, action, demand or proceeding brought by any third party against any Indemnitees, arising from any of the following: (i) breach of these Terms, including breach of intellectual property rights of third parties; (ii) any action and/or omission constituting negligence, fraud, or wilful misconduct by you; (iii) incorrect information provided by you in your account or elsewhere; or (iv) failure by you to comply with applicable laws.
You acknowledge and agree that, in no event will the Company be liable to you or any third party for any indirect, punitive, exemplary, incidental, special, or consequential damages whether in contract, tort (including negligence), or otherwise arising out of these Terms and/or Policy, or the use of, or the inability to use, our Platform, including, without limitation, any information made available through our Platform pursuant to these Terms and/or Policy.
In the event of a technical issue arising due to reasons solely attributable to us, we will attempt to resolve such issue within a reasonable time period from the day when such issue is brought to our notice. However, we are not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the Platform or your inability to access or use the Platform due to your non-compliance with these Terms of Use and Privacy Policy; or (ii) any event that is beyond our reasonable control which includes, without limitation, sabotage, fire, flood, explosion, act of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to your mobile or storage device, crashes, breach of security and encryption.
In the event you voluntarily choose to disclose personally identifiable information along with any substantive content (including photographs) on your social media page/handle or other digital media, or on the “IndiaRunning” social media page/handle, such activities are solely your liability and the Company undertakes no liability for such disclosures. The Company does not monitor or secure such information that can be collected, correlated and used by third parties from sources that are not secured. This may also result in unsolicited messages from third parties.
THE COMPANY DOES NOT REVIEW, VERIFY ORIGINALITY, REVISE, ENDORSE, OR OTHERWISE APPROVE ANY CONTENT CREATED OR UPLOADED BY OUR USERS, AND COMMUNICATED/SOLD TO OTHER USERS OR THIRD PARTIES VIA OUR PLATFORM.
UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE IN ANY WAY FOR ANY CONTENT CREATED OR POSTED BY OUR USERS FOR, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF SUCH CONTENT. THE CONTENT IS SOLELY CREATED BY OUR USERS, AND THE COMPANY SPECIFICALLY DISCLAIMS ANY AND ALL ROLE WHATSOEVER WITH RESPECT TO THE CREATION OR UPLOAD OF SUCH CONTENT.
We reserve the right to immediately suspend any User Account, without any notice, which is found to be in violation of these Terms, in our sole discretion or if prescribed under applicable law to prevent any further violation, and we shall be under no obligation to reactivate such account, unless we are satisfied that there is no further threat of breach.
You agree that any violation by you of these Terms and/or any other applicable policies will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity.
We review our Terms from time to time and make necessary changes whenever required. Any changes to the Terms will be posted on this page so that you are always aware of our policies. Your continued use of the Platform constitutes your consent to such modifications and does not require separate consent. You agree to periodically review the current version of the Terms, as may be updated by us.
These Terms shall be governed by and constructed in accordance with the laws of India. The courts in Mumbai, India shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under these Terms.
We always invite your comments and questions about the Company, its services and user interface. Please contact us for any queries, feedback and issues.
Please contact our grievance officer (“Grievance Officer”) below:
Name: Manasi Jadhav
Designation: Grievance Officer
Email-Id: manasi@captured.co.in
