This user agreement is an electronic record in terms of Information Technology Act, 2000 ("Act") and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This user agreement is generated by a computer system and does not require any physical or digital signatures.
"User" refers to you, the person/third party vendors/service providers visiting, accessing and/or using the Website by means of any communication device.
"Sancept.com" refers to Sancept, a firm registered under The Peoples Republic of Ghana Act, having its office address at, America Down,
Kasoa- Central Region of Ghana, West Africa, which is the owner of all rights in this Website. The Firm is engaged in digital music sharing, distribution services and any other ancillary line or lines of business.
All references to "You" and "Your" shall mean the User. All references to "Sancept", "Firm", "We", "Us" and "Our" shall mean Sancept.
ACCESS TO THE WEBSITE
1.1. This Website is offered and made available only to Users above the age of 13 years lwhere a guardian is appointed as per the Majority Act of 1875) ("Age of Majority").
1.5. Please note that the availability of the Website in Your jurisdiction, and Your ability to access the Website is subject to the FIRM’s sole discretion. The FIRM may at its sole discretion restrict the Website from being accessed in certain geographical locations. You undertake that Your access of the Website shall be in compliance with all applicable laws (as amended from time-to-time). You understand that Your access of the Website and its contents may vary depending upon Your jurisdiction, device specifications, internet connection, etc. You acknowledge and agree that We will provide You only access to the Website and that You will be solely responsible for all equipment as may be necessary for You to access the internet, mobile and/or other connection, operator and service fees associated with Your access, etc.
OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
The following terms shall have the meaning as ascribed to them below:
2.1. "Intellectual Property Rights" shall mean all patents, trademarks, service marks, copyrights, database right, trade names, brand names, trade secrets, design rights and similar proprietary rights of the FIRM whether registered or unregistered and all renewals and extensions.
2.2. All rights, title and interest in the Intellectual Property Rights in the Website including without limitation all its constituents, content, text, images, audios, audio-visuals, literary work, artistic work, musical work, computer programme, dramatic work, sound recording, cinematograph film, a video recording, performance and broadcast under the Copyright Act, 1957, specifications, instructions, abstracts, summaries, copy sketches, drawings, artwork, software, source code, object code, comments on the source code and object code, domain names, application names, designs, database, tools, icons, layout, programs, titles, names, manuals, graphics, animation, games, applications, user interface instructions, photographs, artist profiles, illustrations, jokes, memes, contests, and all other elements, data, information and materials ("Materials") are the property of the FIRM and/or its licensors and/or other respective owners and are protected, without limitation, pursuant to Intellectual Property Rights laws of India and the world. The FIRM retains full, complete and absolute title to the Website and all Intellectual Property Rights therein.
2.3. The Website including any Materials thereon shall be deemed to be non-exclusively licensed to You by Us only for Your non-commercial personal use and only for such period as We may, in Our sole discretion, deem appropriate. You shall not use, reproduce, redistribute, sell, offer on commercial rental, decompile, reverse engineer, disassemble, adapt, communicate to the public, make a derivative work, interfere with the integrity of the Website (including without limitation the software, coding, constituents, elements, Materials, etc.) in any manner whatsoever.
2.4. You expressly confirm not to, directly or indirectly, copy, reproduce, modify, edit, re-edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, publish, distribute, circulate, communicate to the public, disseminate, broadcast, transmit, sell, rent, lease, lend, assign, license, sub-license, disassemble, decompile, reverse engineer, market, promote, circulate, exploit, digitally alter or manipulate the Website (including any and all Materials therein) (in whole or in part) in any manner, medium or mode now know or hereinafter developed.
3.1. The Website may allow Users to publish content, data, information, text, images, videos, audios, audio-visuals, User’s opinion, recommendation, advice, view, etc. ("User Material"). The User Material does not reflect the views of the FIRM. In no event shall the FIRM be held responsible for any User Material, neither does the FIRM endorse or recommend any User Material, nor shall the FIRM be liable for any loss or damages resulting from publishing of the User Material on the Website.
3.2. By submitting a User Material, You grant the FIRM a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license to use, and authorize others to use the User Material in whole or in part, in any and all media, now known or hereinafter developed, including rights to use the User Material in isolation or in combination with any other material. You agree that in such circumstances, You are not entitled to any intimation or compensation from the FIRM.
3.3. The FIRM will have the right but no obligation to monitor, remove, suspend, destroy, use and change any User Material and/or content that is available on or via any chat area on the Website generally, if any, in any manner that the FIRM may its sole discretion determine, at any time. Although the FIRM may endeavour to periodically monitor the User Material posted on the Website, the FIRM will not be responsible for the same.
3.4. In the event the FIRM hosts or puts up any reviews of any movies or programs, whether third party or own content or other such views, then the views shall demonstrate only the author’s views and not the views of the FIRM.
3.5. By posting User Material on the Website, You undertake, represent and warrant to the FIRM that: (a) the User Material is original; (b) does not infringe the rights of any third party including without limitation Intellectual Property Rights; and (c) is not -- defamatory, derogatory or abusive or malicious or hurtful to any person, particular entity, groups, caste, religion, race or community or seditious or pornographic or vulgar or in violation of any law.
3.6. You agree, covenant and undertake that You shall NOT host, display, upload, modify, publish, transmit, update or share any data, information, content or message that:
(a) belongs to another person and to which You do not have any right to;
(b) is grossly harmful, harassing, blasphemous defamatory, derogatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights or intellectual property rights;
(e) violates any applicable national or international laws, regulations, rules and/or guidelines;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonates another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, national interest ,integrity, defence, security or sovereignty of Ghana, 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 to any other nation/country;
(j) is offensive or has menacing character;
(k) causes annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will;
(l) causes annoyance or inconvenience or is intended to deceive or to mislead the addressee or recipient about the origin of such messages.
3.7. You further undertaker that You shall not use the Website to:
(a) violate the privacy right or personal right or confidential information of any person;
(b) commit an act which could be construed as an act of cyber terrorism;
(c) collect, store and/or identify private/personal information of any user or person;
(d) facilitate personal attacks on other individuals, entity, groups, caste, religion, race or community;
(e) stalk or otherwise harass another person or user;
(f) upload, post or e-mail any content that You do not have a right to transmit under any law or under contract;
(g) upload, post or e-mail any content that infringes privacy rights, intellectual property rights or other third-party rights of any person or party;
(h) upload, post or e-mail any unsolicited or unauthorized advertising, promotional materials, junk- mail, spam, chain-letters or any other form of solicitation;
(i) upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, devices, platforms or telecommunications equipment and/or the Website;
(j) interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Website, including the FIRM’s servers, networks or accounts;
(k) disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Website are able to type, or otherwise act in a manner that adversely affects other users’ ability to engage in real time exchanges;
(l) cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Website; (m) delete or revise any information provided by or pertaining to any other user of the Website;
(n) promote and/or generate revenue for Yourself and/or any third-party business activity;
(o) carry out any activity that is prohibited under the Act, including under Section 43, etc. and/or under any other applicable laws, rules or regulations;
(p) post unauthorized commercial communications and including advertisements; and/or (q) manipulate or morph or alter or exploit any other User’s User Material.
3.9. If You submit any User Material on the Website, You shall be deemed to have waived any rights, interest and ownership in the User Material and deemed to have put the contents of the User Material in the public domain, making it open to re-use, reproduction, distribution, communication to the public, adaptation, etc. You understand the risks associated with publishing User Material on the Website and agree that the FIRM shall not be responsible or liable for any digital alteration, manipulation, morphing, illegal exploitation, etc. of any User Material posted by You.
3.10. You further agree that the FIRM shall not be responsible or liable to You for any threatening, defamatory, derogatory, obscene, offensive or illegal conduct by other users or any infringement of Your intellectual property rights, privacy rights, personal rights, etc. by other users of the Website.
CONTESTS AND PROMOTIONS
NOTICE & TAKE DOWN PROCESS
8.1. The FIRM does not endorse or promote any data, information, content or material published on the Website including User Material, and expressly disclaims any and all liability in connection with the same.
8.2. If You believe that the Website contains any data, information, content or material that could be in violation of Clause 3.6 and/or in violation of Clause 3.7 above and/or in violation of any applicable provision of the Act or rules thereunder, You may notify the FIRM of the same by sending an email notification to email@example.com. By doing so, please remember that You are initiating a legal process. Do not make false claims. Misuse of this process may result in the suspension of Your account and/or other legal consequences. Please note that this provision shall be governed by applicable laws in Ghana including relevant provisions of the Act, Information Technology (Intermediaries Guidelines) Amendment Rules, 2018 etc. You may seek independent legal advice with respect to this legal procedure at Your sole cost, expense and consequences.
8.3. The FIRM shall take-down any data, information, content or material only upon receiving actual knowledge from a court order or on being notified by the appropriate government or its agency that unlawful acts relatable to Article 19(2) would be committed if the said data, information, content or material is not deleted from the Website.
8.4. The FIRM further reserves the right (without the obligation of doing so) to take-down any data, information, content or material, without notice to User and without any liability either to the FIRM or its directors, key managerial personnel, officers, employees, that the FIRM in its sole discretion determines to be in violation of Clause 3.6 and/or in violation of Clause 3.7 above and/or in violation of any applicable provision of the Act or rules thereunder.
8.5. The FIRM observes all due diligence while performing its duties as provided under Section 79 of the Act and Rule 3 of The Information Technology Intermediaries Guidelines (Amendment) Rules, 2018 and, such other applicable laws in force in Ghana.
If You have any questions, queries or complaints with respect to the Website, then such correspondence should be directed to the grievance officer at firstname.lastname@example.org.
11.1. The fastest and easiest way to notify the FIRM of any grievance is by sending an email notification to Our grievance officer at email@example.com.
11.6. You agree that the FIRM shall be under no liability whatsoever to You in the event of non-availability of the Website or any portion thereof occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, network failures, server failures, failure of any public utility, terrorist attack, network maintenance, Website maintenance, server maintenance, or any other cause whatsoever beyond the control of the FIRM.
11.7. Unless otherwise specified, the Website is presented solely for the purpose of digital marketing services and any other ancillary line or lines of business. The FIRM makes no representation that the Website is appropriate or available for use in locations other than India. Those who choose to access the Website from locations other than in Ghana, do so on their own initiative and risk, and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.