UTSAV APP CONTENT POLICY

Last updated: 22nd Nov 2024

These Content and Community Guidelines ("Guidelines") govern your use of our website located at https://utsavapp.in and/or the Utsav App mobile application (collectively, the "Platform") and is made available by Nirvann Applications Private Limited (Formerly known as Applex Technologies Private Limited) ("Utsav App", "Company", "we", "us" and "our"), a private company established under the laws of India having its registered office in Kolkata. 

The terms "you" and "your" refer to the user of the Platform.

These Guidelines are to be read with Utsav App Terms of Use and Utsav App Privacy and Cookie Policy. The capitalised words used in these guidelines shall have the meaning given to such words in the Terms.

Please note that we may change these Guidelines from time to time and we reserve the right to do so.

Our Platform connects you with people from across India and other parts of the world. The community that we have created is diverse and receptive to a variety of content, but the Platform is accessed by a variety of audience, which may include minors and young adults. Hence, in order to ensure that all our users follow a standard practice and to foster a safe environment for you to creatively express yourselves, we have put in place strict guidelines and restrictions which govern the usage of the Platform .

CONTENT GUIDELINES

We actively delete content that is not permitted on our Platform and breaches both our Guidelines and Indian laws. If we become aware of such content, we may remove it or suspend user accounts. If you come across any content that violates our Guidelines, please report it to us. The creator's intention is critical. We recognise the value of creative expression, but we do not accept anything that is intended to cause discomfort, disseminate hate speech and abuse, or advocate violence and criminal actions.

a. Adherence to Applicable Laws

All content, including without limitation, content that is uploaded, posted, commented on, or shared by you on our Platform, must adhere to the laws of India, including without limitation, the Indian Penal Code, 1860 and, the Information Technology Act, 2000 along with all rules and amendments made under such laws. In situations of violation of applicable laws, we collaborate with legal authorities and use enforcement procedures. You may not publish, post, comment on, or distribute content that jeopardises India's unity, integrity, defence, security, or sovereignty, cordial relations with foreign states, or public order. You may not publish or interact with anything that is derogatory to another country, incites the conduct of crimes, or obstructs the investigation of crimes.

b. Nudity and Pornography

We allow content that may have limited sexual imagery, provided it is posted for artistic and educational purposes, public awareness, humour or satirical purposes. Content which contains the following is prohibited on the Platform and will be considered as a strict violation of these Guidelines:

1. obscene,sexually explicit, pornographic or nude material or images/videos that expose private parts (sexual organs, female breasts and nipples, buttocks) and/or portray sexual activities;

2. videos or images of people in compromising positions or content which portrays sexual actions or fetish or erotic intent or sexual arousal;

3. sextortion or revenge pornography;

4. Bestiality or zoophilia;

5. content that exploits or endangers any person (for example, listing of phone numbers, or other personal information aimed at any exploitation or endangerment of a person including for the purposes of encouraging or soliciting prostitution or escort services);

6. content that is paedophilic or related to child pornography (including without limitation, creation, promotion, glorification, transmission or browsing of child pornography); or

7. content that is indecent, immoral or related to rape, sexual objectification, non-consensual activities and molestation.

c. Harassment or Bullying

We strongly condemn any kind of harassment or bullying on our Platform. We intend to give our users the freedom to express themselves without the fear of emotional or psychological distress. We urge you to ignore any content that you may find petty and annoying. In addition to this, we also encourage you to report any such content that harasses another person or intends to degrade or shame any individual.

Content which qualifies as a violation of these Guidelines includes, but is not limited to:

1. Posting abusive language or curse words, morphed images, and/or malicious recordings.

2. Objectifying, insulting or harassing someone based on their race, caste, colour, disabilities, religion, sexual preferences and /or making sexual advances or otherwise engaging in sexual misconduct will not be tolerated on this Platform. Similarly, extorting or blackmailing any individual otherwise or on the basis of the abovementioned content is strictly prohibited.

3. If someone blocks you from their account, kindly do not try and contact them from a different account. If a user does not want to engage with you on the Platform, we urge you to respect the same and vice versa.

4. any image or information of a person that is shared without their consent with an intent to harass, distress or endanger them.

5. false information posted to harass someone for financial gain, or cause any injury to them.

However, if a matter involves critical discussion and deliberation of such individuals who are featured in the news or tend to have a large public audience, we may allow it subject to the Terms and these Guidelines.

d. Intellectual Property

We want to protect intellectual property rights and consider infractions to be significant misbehaviour. Intellectual property protects all material, including literary, musical, dramatic, artistic, sound recordings, and cinematographic works.

It is not permitted to post content on the Platform that is not original and has been copied from an individual or organisation that owns the intellectual property rights to such content/works. Any content that breaches the intellectual property rights of other parties will be removed, and repeat defaulters will face severe consequences. Please do not delete any attributions, watermarks, or original captions that specify the legitimate source of the material if you desire to reshare such content from inside the Platform. Furthermore, please get the necessary permissions and acknowledge fellow users or any other organisation/individual who possess the intellectual property rights in such work by citing their name and/or the original source.

e. Violence

Violence encompasses all content that causes discomfort to our users owing to its goriness, including but not limited to graphical pictures or films that celebrate violence and suffering, or attempt to encourage violence, depictions of physical violence, or animal cruelty. It is completely forbidden to post content that supports hazardous and unlawful acts, or that glorifies persons, groups, or leaders involved in terrorism, organised violence, or criminal activity.

Educative or informative content pertaining to violence may be allowed on the Platform. Violent content on the Platform in the form of fictional set-up, martial arts, film, history and mythology may be permitted subject to these Guidelines.

f. Hate Speech and Propaganda

Content that promotes violent behaviour against an individual or a group of individuals, intends to intimidate, target or demean any particular religion, race, caste, ethnicity, community, nationality, disability (physical or mental), diseases or gender, is prohibited. Any kind of content which produces hatred or has the intention of creating or spreading hatred or hate propaganda along the lines of including, but not limited to religion, caste, ethnicity, community, sexual orientation, or gender identity is also not allowed. We do not entertain content that spreads discrimination, intends to justify violence based on the above-mentioned attributes and refers to an individual or a group of individuals as inferior in any sense or with negative connotations.

We strongly advise you to avoid inflammatory discussion and promoting ideas or hateful beliefs that may enrage and negatively impact our users. We may allow content that aims to raise awareness about these problems or to criticise them, with the obvious goal of putting such information on the Platform.

g. Abuse, Self-Injury or Suicide

We do not allow information that promotes suicide or other suicidal inclinations, encourages self-injury and violence, or encourages involvement in harmful activities. It is strictly forbidden to post any content relating to physical, mental, sexual, or psychological maltreatment, neglect, or abuse of any person, whether a kid or an adult. Content displaying self-harm, promoting self-harm or suicide, or simply providing directions on how to do self-harm in any way is not permitted. Additionally, content that names, tags, attacks, or makes fun of victims and survivors of psychological/physical maltreatment, abuse, self-injury, domestic abuse, or any other type of violence is forbidden.

We accept content that aims to provide support, assistance, and relief to anyone dealing with such significant difficulties. We also allow users to share their experiences, which may give coping methods for those in need, provided that such information is posted with the intention of assisting others.

h. Illegal Activities

We have a strict zero-tolerance policy for anything that encourages or promotes criminal acts. We do not allow information about organised crime, criminal activity, the promotion/sale/use of weapons, guns, and explosives, violence, or terrorist activities. It is completely prohibited to sell unlawful items or services, regulated commodities, narcotics and restricted substances, or solicit or sell sexual services. Content that is harassing, hurtful, or abusive to minors is not permitted. Users are not permitted to submit material that promotes or facilitates money laundering or gambling.

Users are not permitted to publish information that presents tutorials or instructions or educates users about unlawful and forbidden behaviours such as participating in criminal activities, building explosives, or promoting, doing, or trafficking in narcotics. Do not use our Platform to solicit or assist any transaction or gift involving items and services that the Government of India has deemed unlawful.

Impersonating another person (such as your family, friends, celebrities, brands, or any other individuals/organizations) and distributing false or misleading information on our Platform for commercial or personal benefit is deemed fraud. Content containing computer viruses, malware, or other computer code designed to limit the functionality of any computer resource is not permitted to be posted to the Platform.

i. Non-Consensual (Personal) Content

Posting or exploiting another person's personal content, data, or information, including images or videos of other persons who have not given express agreement to such material being displayed, is prohibited. Post no personal or intimate images or videos of anyone else without their knowledge or approval. Post no content that violates anyone's privacy. We will delete such content.

Revealing someone’s personal data or sensitive personal information, including without limitation: contact information, address, financial information, Aadhar Number, healthcare information, sexual or intimate images and videos, passport information, or threatening someone to reveal or use such information, will be considered as harassment, and such activities are strictly unacceptable.

j. Spam

Spam is defined as content that misleads consumers about its origin, shows or supports fake advertisements, fraudulent or misleading statements, and security breaches. When such stuff is posted for financial gain, it is considered commercial spam. Spam disrupts the Platform's operation and discourages other users from sharing and interacting. It is critical that the content you publish is genuine and contributes to the establishment of a secure and trustworthy environment for users to post on the Platform. Do not repeat material in order to irritate readers or offer goods/services in order to encourage spam, commercial or otherwise. Do not employ deceptive or manipulative methods to boost traffic or followers, likes, views, comments, and shares. If you want to promote your goods or services, we urge you to do so in an authentic manner.

k. Misinformation

On our Platform, we aim to combat the spread of misinformation. Any content that conveys purposeful misinformation, disinformation, hoaxes, or fake propaganda with the goal of misleading users or the wider public is prohibited. We prohibit the publication of anything that exaggerates an existing item of news by incorporating non-factual features.

We do not allow content on the Platform that misleads users or attempts to create an avenue for fabricating content, or is defamatory, libellous, or attempts to damage someone’s reputation, or hurt their financial or political standing on the basis of incorrect information. We engage third party fact checkers to combat the menace of fake news basis which we proactively warn our users that a piece of content is found to be factually incorrect. We urge you to take the same into consideration and act accordingly.

However, we do not confuse fake news with any satire or parodies. We allow for such content on the Platform provided the content does not mislead other users and the intent behind the same is not to spread false information.

COMMUNITY GUIDELINES

When you use our Platform, we expect you to follow certain norms.

a. Use of Hashtag 

Hashtags with the most appropriate and relevant tags should be utilized in all posts. If such a tag does not exist, one should be created. If reported, any material submitted with an irrelevant or inapplicable tag will be deleted from the stream.

b. Stay on Topic

Make sure that any content you publish and any discussions you participate in are relevant to the post's caption and tags. Content that does not connected to the caption or tags, or that is inappropriate for a specific post, will be deleted. Do not stray from the path.

c. Multiple/Fake Profiles

It is forbidden to create a false profile of an individual or organisation and to impersonate someone in a misleading or deceptive manner, with or without the goal of harassing or bullying them. We make exceptions for community accounts, instructive profiles, and public figure fan profiles. Satire or parody profiles of public individuals are also permissible, as long as the purpose is not to deceive other users and it is clearly stated in the profile description or status.

d. Safety and Security

Harassment or the use of abusive language in posts or comments while addressing another user is not permitted. Do not do anything that would make other users feel uneasy. If you attempt to create unpleasant conditions for other users, you will face consequences.

e. Beware of Legal Consequences

Ignorance of the law is not a justification for avoiding responsibility for your conduct. In order to use our Platform, you must abide with the rules and regulations that govern digital behaviour. Please follow all applicable laws when using our Platform. Any content that promotes, encourages, offers, promotes, glorifies, or solicits unlawful actions will not be accepted.

f. Evading Suspension

The user is bound by our decision to suspend any account. Any attempt to avoid suspension by creating other accounts, identities, personalities, or presence on another user's account may result in suspension as well. If you attempt to avoid suspension, we may be forced to terminate your account and prevent you from registering with us.

PLATFORM SECURITY

Report

Please touch or click the REPORT button if you observe any content or behaviour that violates these Guidelines. We will get a notice and process your request as soon as you touch or click on this tab. If we determine that the content or conduct is inappropriate for our Platform, we will delete it. If you suspect that any content on the Platform violates your copyright rights, please contact our Support Team through Mail for further evaluation and action. There may be content on the Platform that you dislike, but it does not violate these Guidelines. In such a scenario, we ask that you unfollow or ban such persons.

Intermediary status & Review of Content

We are an intermediary as per the applicable laws. We do not control what our users post, comment, share or say on the Platform and are not responsible for their (or your) actions (whether online or offline). We are not responsible for services and features offered by others even if you access them through our Services. Our responsibility and liability for anything that happens on our Platform is strictly governed and limited by the laws of India.

We expect you to be responsible for what you post and what you see. If any of our users report your content to be against these Guidelines, we may take enforcement actions as necessary.

Right to Challenge

In case the content you upload or post, or your activity is reported by another user and removed from our Platform, we will notify you of such removal and our reasons for the same. If you believe that your content has been unfairly removed, you may write to us at support@utsavapp.in to challenge the removal. We may review the content again and determine if it may be reposted on the Platform.

Our Actions against Violators

We take strict and prompt action against those who violate these Guidelines. If your profile is reported for violating these Guidelines, then your profile may be suspended temporarily. In case of repeated breach of these Guidelines, we may be compelled to terminate your account with us permanently and block you from registering with us.

If required, we will cooperate with legal authorities and law enforcement mechanisms. Please note that we are under no obligation to assist you.