• These Terms and Conditions apply to all Users of the Exambyte Platform, including educators who are also contributors of User Content on the Exambyte Platform.

  The Exambyte Platform includes all aspects of the Website and Apps, which includes but is not limited to, products, software and services offered via the Exambyte Platform and any other service or application that Exambyte introduces from time to time.

• Exambyte Platform is an online platform that supports and facilitates the online creation of educational videos or tutorials, by the educators of the Exambyte Platform and acts as an intermediary between the Educator and the User.
• The Exambyte Platform may include or contain links to any third-party websites that may or may not be owned or controlled by Exambyte. Exambyte has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any such third-party websites.
• Subject to these Terms and Conditions, Privacy Policy and all other other rules and policies made available or published elsewhere, Exambyte hereby grants the user; a non-exclusive, non-transferable, non-sublicensable, limited license to use the Exambyte Platform in accordance with these Terms and Conditions.

• You agree and acknowledge that Exambyte shall have the right, at any time, to change or discontinue any aspect or feature of the Exambyte Platform, including, but not limited to, the User Content, hours of availability and equipment needed for access or use.

  Further, Exambyte may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

  Exambyte reserves the right to refuse access to the Exambyte Platform, terminate Accounts, remove or edit contents without any prior notice to You.

Exambyte hereby grants you permission to access and use the Exambyte Platform, as set forth, in these Terms and Conditions, provided that:

• You agree not to distribute in any medium any part of the Exambyte Platform or the content without Exambyte’s prior written authorization.
• You agree not to alter or modify any part of the Exambyte Platform.
• You agree not to use the Exambyte Platform for any of the following commercial uses unless you obtain Exambyte’s prior written approval:
  • the sale of access to the Exambyte Platform;
  • the sale of advertising, sponsorships, or promotions placed on or within the Exambyte Platform or content;
  • the sale of advertising, sponsorships, or promotions on any page or website that provide similar services as that of Exambyte.

• You agree to receive installs and updates from time to time from Exambyte. These updates are designed to improve, enhance and further develop the Exambyte Platform and may take the form of bug fixes, enhanced functions, new software modules and completely new versions.

  You agree to receive such updates (and permit Exambyte to deliver these to you), as part of your use of the Exambyte Platform.

• You agree not to use or launch any automated system, including without limitation, 'robots,' 'spiders,' or 'offline readers', that accesses the Exambyte Platform in a manner that sends more request messages to Exambyte’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

  Exambyte reserves the right to revoke these exceptions either generally or in specific cases at any time, with or without providing any notice in this regard. You agree not to collect or harvest any personally identifiable information, including account names, from the Exambyte Platform, nor to use the communication systems provided by the Exambyte Platform (e.g., comments, email) for any commercial solicitation purposes.

  You agree not to solicit, for commercial purposes, any Users of the Exambyte Platform with respect to User Content.

• You may post reviews, comments and other content; send other communications; and submit suggestions, ideas, comments, questions or other information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam.

  Further, you give Exambyte limited, royalty free, worldwide, non-exclusive license to use the User Content and communication in developing its Exambyte Platform and in any of its marketing or promotional activities.

• In your use of the Exambyte Platform, you will at all times comply with all applicable laws and regulations.
• Exambyte reserves the right to discontinue any aspect of the Exambyte Platform at any time with or without notice at its sole discretion.

In addition to the general restrictions mentioned above, the following limitations and conditions shall apply to your use of the Content:

• Exambyte Content, utilized on the Exambyte Platform, which shall include, but not be limited, to trademarks, service marks and logos ('Marks'), process, images, software, graphics are owned by or licensed to Exambyte and are subject to copyright and other intellectual property rights under the law.

• User Content is provided to you on an ‘As Is’ basis. You may access Content for your information and personal use solely as intended through the provided functionality on the Exambyte Platform and as permitted under these Terms and Conditions.

  You shall not download any User Content unless you see a 'download' or similar link displayed by Exambyte on the Exambyte Platform for that User Content.

  You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any User Content for any other purposes other than as provided herein, without the prior written consent of Exambyte or the respective licensors of the User Content.

  Exambyte and its licensors reserve all rights, not expressly granted in and to the Exambyte Platform and the User Content.

• You agree not to circumvent, disable or otherwise interfere with security-related features of the Exambyte Platform or features that prevent or restrict use or copying of any User Content or enforce limitations on use of the Exambyte Platform or the User Content therein.

• You understand that when using the Exambyte Platform, you will be exposed to User Content from a variety of sources and by different Users, and that Exambyte is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content.

  You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Exambyte with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless; Exambyte, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Exambyte Platform.

Any refunds that are to be processed; shall be processed in accordance with Exambyte’s Refund Policy.

When you visit the Exambyte Platform or send email to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically.

We will communicate with you by email or posting notices on Exambyte Platform.

You agree that all agreements, notices, disclosures, disclaimers, offers and other communications that are provided to you electronically, satisfy any legal requirement that such communication should be in writing.

• Exambyte will terminate a Users access to the Exambyte Platform, if:
• the User is a repeated copyright infringer;
• the Users breaches any terms of these Terms and Conditions;
• there is a violation of any applicable laws;
• your use of the Exambyte Platform disrupts our business operations or affects any other party/ User;
• you have behaved in a way, which objectively could be regarded as inappropriate or unlawful or illegal or which would bring any claims against Exambyte.

• Exambyte reserves the right to decide whether User Content violates these Terms and Conditions for reasons, other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length or any other parameter that Exambyte deems fit from time to time.

  Exambyte may, at any time, without prior notice and in its sole discretion, remove such User Content and/or terminate a User's account for submitting such material in violation of these Terms and Conditions.

• We may suspend access to the Exambyte Platforms or require You to change Your password if we reasonably believe that the Exambyte Platform has been or is likely to be misused, and we will notify You accordingly.

  Any termination of Your registration and/or Account, on the Exambyte Platform, will not affect liability previously incurred by You.

In case, any of the above-mentioned scenarios occur, Exambyte reserves the right, in its sole discretion, to terminate or suspend the User’s account with immediate effect. Upon suspension or termination of the User’s account:

• Exambyte shall at its sole discretion withhold or stop any and all payments that are to be made to such User and evaluate the pay-outs. Payments shall only be made for all legitimate work that is not subject matter of any violation or dispute.
• Payments shall not be made for the work that is the subject matter of any of the breaches.
• User access shall be terminated immediately, and the User shall not be able to access the said terminated account.

• Exambyte operates a clear copyright policy in relation to any User Content alleged to infringe the copyright of a third party.
• As part of the Exambyte's copyright policy, Exambyte will terminate User access to the Exambyte Platform if a User has been determined to be a repeated infringer. A repeat infringer is a User who has been notified of infringing activity more than twice.
• If you believe that your work has been copied in a way that constitutes copyright infringement, please refer to the instructions given in the copyright policy on how to make a claim of copyright infringement.
• Our policy to deal with Copyright infringements

  We follow a 3-strike policy : 3 instances brought to our notice that are provided with all required supporting information, will lead to the educator getting banned from the Exambyte Platform.

  His/her right to any and all compensation or monetary benefit that he/she might be eligible for shall be revoked.

  The detailed process is as under:

  • First case of violation : The infringing User Content is taken down and the educator is given a warning and is suspended for a week from making any new courses.
  • Second case of violation : The educator is suspended from making any more videos on the Exambyte Platform for a month and all User Content that amounts to copyright violations are brought down immediately.
  • Third violation : The educator is banned from the Exambyte Platform and will be unable to create any more courses in the future.
• Notice of Copyright Infringement

  Pursuant to provisions of the Indian Copyright Act, 1952 read with the Information Technology Act of 2000, we, as an intermediary, allow the general public to post content on our platform. We have implemented procedures for receiving written notification of claimed infringements on the User Content uploaded on Exambyte Platform. We have also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may provide us with a written communication which contains:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Exambyte Platform, including the educator name, topic and any other detail identifying the infringing content;
  • Your email address, your physical address and telephone number;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You will not, without obtaining prior written consent of Exambyte, disclose to third parties, any Confidential Information (as defined below) that is disclosed to you during the term of your use of the Exambyte Platform.

For the purpose of this clause, Confidential Information shall include but shall not be limited to employee details, User list, business model, processes, ideas, concepts etc. relating to Exambyte or Exambyte Platform which are not available in the public domain.

You acknowledge and agree that the Confidential Information so provided to you shall, at all time, be the property of Exambyte and any breach of the same shall cause irreparable damage to us.

• You agree that your use of the Exambyte platform shall be at your sole risk.
• To the fullest extent permitted by law, Exambyte, its officers, directors, employees, and agents exclude all warranties, express or implied, in connection with the Exambyte platform and your use thereof.
• To the fullest extent permitted by law, Exambyte excludes all warranties, conditions, terms or representations about the accuracy or completeness of the user content or the content of any sites so linked and assumes no liability or responsibility for any:
  • errors, mistakes, or inaccuracies of user content or any content on Exambyte;
  • personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Exambyte platform;
  • any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
  • any interruption or cessation of transmission to or from the Exambyte platform;
  • any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Exambyte platform by any third party, and/or;
  • any errors or omissions in any user content or any other content or for any loss or damage of any kind incurred as a result of the use of any user content or any other content that is posted, emailed, transmitted, or otherwise made available via the Exambyte platform.
• Exambyte does not warrant, endorse, guarantee, or assume responsibility for any user content on Exambyte platform advertised or offered by a third party through the Exambyte platform or any hyperlinked services featured in any banner or other advertising, and Exambyte will not be a party to, or in any way, be responsible for monitoring any transaction between you and third-party providers of user content or services.
• As with the purchase of a subscription or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

• 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, Exambyte limits its liability for any claims under those warranties or conditions to either supplying you the Exambyte platforms again.
• You specifically acknowledge that Exambyte shall not be liable for user content 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.
• The Exambyte platform is controlled and offered by Exambyte from its facilities in India. Exambyte makes no representations that the Exambyte platform is appropriate or available for use in other locations. Those who access or use the Exambyte platform from other jurisdictions do so at their own volition and are responsible for compliance with local law.

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless: Exambyte, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

• your use of and access to the Exambyte Platform;
• your violation of any term of these Terms and Conditions;
• your violation of any third party right, including without limitation any copyright, property, or privacy right;
• any claim that your User Content caused damage to a third party;
• violation of any applicable laws.

This defence and indemnification obligation will survive these Terms and Conditions and your use of the Exambyte Platform.

• You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. If you are under 18 years of age, then please talk to your parents or guardian before using the Exambyte Platform.
• Exambyte reserves the right to refuse access to use the Exambyte Platforms to any Users or to suspend and/or terminate access granted to existing registered Users, at any time, without according any reasons for doing so.

• We provide these Terms and Conditions with our Exambyte Platform so that you know what terms apply to your use.

  You acknowledge that we have given you a reasonable opportunity to review these Terms and Conditions and that you have agreed to them.

  You agree and acknowledge that your use of the Exambyte Platform is subject to the most current version of the Terms and Conditions made available on the Exambyte Platform at the time of such use.

These Terms and Conditions are published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms and conditions for access or usage of the Exambyte Platform.

You are advised not to post any information or messages that are, or that may be construed, as being malicious , defamatory, inappropriate, slanderous, pornographic or otherwise sexually oriented or that makes attacks on or the otherwise opines or comments on any individuals or groups of individuals, educational institutions or any other entities whatsoever (whether companies, firms, or any other institutions).

You also agree not to post any information to which you do not have copyrights or other appropriate permissions to post in a public forum.

Your failure to comply with these terms may result in removal of your postings without prior notice to User. The IP address of all posts is recorded to aid in enforcing these conditions.

The Terms and Conditions are governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts located in Patna, Bihar, India.

Exambyte may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions.

Your continued use of the Exambyte Platform post any modification of the Terms and Conditions shall be taken as your consent and acceptance to such modifications.

Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.

If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

Any notice required to be given, in connection with the Exambyte Platform, shall be in writing and sent to the registered office of Exambyte.

We do not guarantee continuous, uninterrupted or secure access to the Exambyte Platform, and operation of the Exambyte Platform may be interfered with by numerous factors outside our control.

Headings are for reference purpose only and in no way define, limit, construe or describe the scope or extent of such section.

Our failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.