Thank you for using our app (the “ Chalo Sesame Street App”), which we will refer to collectively below as the “App.” Through the App, Sesame Workshop India (also referred to as “we,” “us,” or “our”) aims to extend our mission to use educational media to help children reach their highest potential. We offer the App to you (referred to as “you” or “user”) and your
children, as applicable, under the Terms of Use described below. By using and accessing the App, you, on your own behalf and on behalf of your children, are agreeing to these Terms of Use, which will be considered a binding, legal agreement (referred to herein as “Terms of Use” or “Agreement”) between you and Sesame Workshop India. If you do not agree to these terms, please discontinue your access to and use of the App immediately.
We reserve the right, in our sole discretion, to change these terms at any time, and will publish a revised version of these Terms of Use on the App. You are responsible for regularly reviewing these Terms of Use. Continued access to and use of the App following any such change means you accept and will abide by the changes.
OWNERSHIP OF CHALO SESAME STREET
TRADEMARKS
The App is owned and operated by Sesame Workshop India, a nonprofit educational organization with charitable, tax-exempt status, and with offices at 86, 1st Floor, Okhla
Phase-III, New Delhi, India. Sesame Workshop India and/or its subsidiaries, affiliated companies, distributors, vendors, contractors, licensors, and/or licensees (collectively “SW Parties”) own the copyright in all elements of the App and all related intellectual
property rights, including, but not limited to, all trademark rights, patent rights, and moral rights. The elements of the App (collectively, “App Content”) include without limitation the content, software, code, data, art, graphics, animation, photographs, images, text,
music, sound effects, all audio and audiovisual elements, look-and-feel, design, layout, organization, presentation, user interface, navigation, trade dress, and stylistic
convention of the App. Your use of the App does not give you ownership of any App Content.
All trademarks, logos, service marks, and trade names (collectively, “Trademarks”) displayed on the App or on App Content are registered or unregistered Trademarks of Sesame Workshop India, the SW Parties, and/or others, and may not be used unless authorized by the Trademark owner. All Trademarks not owned by us that appear on the App or on the App Content, if any, are the property of their respective owners. Nothing contained on the App should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any Trademark displayed on the App.
USE OF APP CONTENT
You may access and view the App Content only for your personal, noncommercial use
on a single mobile device or other Internet-compatible device to enable you to use the
App, provided that you do not remove or alter any copyright or other legal notices from
the App or any App Content. You may not (except where we have given you express
permission or you are otherwise permitted by law) modify, copy, distribute, download,
upload, post, broadcast or transmit, display, disassemble, perform, reproduce, publish,
license, decompile, reverse engineer, create derivative works from, transfer, sell, or
make other use of any of the App Content. Any use of the App Content, other than as
explicitly permitted in this paragraph, is unauthorized and may be a violation of
copyright or other proprietary rights or other applicable laws of India or other countries.
CONSIDERATION
You acknowledge and agree that your access to and use of the App, the App Content,
and the services provided through the App are valuable benefits that you receive by
agreeing to and complying with the terms and conditions of this Agreement.
USER SUBMISSIONS
We do not ask for nor do we wish to receive any confidential, secret, or proprietary
information or other material from you through the App, by email, or in any other way. If
you post, upload, transmit, or submit any materials, content (including, for example, any
photographs), information, or ideas to Sesame Workshop India (“Your Content”), (i)
you represent and warrant that Your Content is original to you, that no other party has
any rights thereto, and that any “moral rights” in Your Content have been waived, and
(ii) you grant to Sesame Workshop India a non-exclusive, fully-paid, royalty-free,
unrestricted, perpetual, irrevocable, fully transferable, assignable, sublicensable, and
worldwide license in all current and future media to reproduce, modify, adapt, publish,
publicly perform and display, distribute, sublicense, create derivative works, sell, and
otherwise use Your Content for any purpose Sesame Workshop India chooses,
commercial or otherwise, in its sole discretion, without any compensation to you and in
accordance with our Privacy Policy. We cannot be responsible for maintaining Your
Content that you provide to us, and we may delete or destroy Your Content at any time.
USER INFORMATION
During the course of your use of the App, you may be asked to provide certain
personalized information to us (such information referred to herein as “User
Information”). Our information collection and use policies with respect to the privacy of
such User Information are set forth in our Privacy Policy, which is incorporated herein by
reference for all purposes. You acknowledge and agree that you are solely responsible
for the accuracy and content of User Information, and you agree to keep it up to date.
PROHIBITED USER CONDUCT
You warrant and agree that, while accessing or using the App, you will not:
You alone are responsible for the content and consequences of any of your activities
while you are using the App.
LINKS FROM THE APP TO THIRD-PARTY SITES
As a convenience for users, the App may contain links to Internet sites maintained by
third parties (“Linked Sites”). You acknowledge and agree that Sesame Workshop
India and the SW Parties do not operate or control in any respect, or necessarily
endorse, the information, content, products, services, advertising, or other materials that
may be found on a Linked Site. When you link to a Linked Site, you become subject to
their terms of use and privacy policy rather than ours. You assume sole and complete
responsibility for, and we do not accept any responsibility for any losses or penalties
incurred as a result of your use of Linked Sites, and any reliance on the contents of a
Linked Site is at your own risk.
LINKS TO THE APP TO THIRD-PARTY SITES
You agree that if you include a link from any other website to the App, such link shall
open in a new browser window and shall link to the full version of an HTML formatted
page of the App. You are not permitted to link directly to any image hosted on the App,
such as using an “in-line” linking method to cause the image hosted by us to be
displayed on another website. You agree not to link from any other website to the App in
any manner such that the App, or any page of the App, is “framed,” surrounded, or
obfuscated by any third-party content, materials, or branding. We may require that any
link to the App be discontinued, and we reserve the right to revoke your right to link to
the App from any other website at any time.
RIGHT TO MONITOR AND EDITORIAL CONTROL
Sesame Workshop India and the SW Parties reserve the right, but do not have an
obligation, to monitor and/or review all materials posted to the App or through the App’s
services or features by users. Sesame Workshop India and the SW Parties are not
responsible for any such materials posted by users. However, Sesame Workshop
India and the SW Parties reserve the right at all times to disclose any information as
necessary to satisfy any law, regulation, or government request, or to edit, refuse to
post, or remove any information or materials, in whole or in part, that in the sole
discretion of Sesame Workshop India and the SW Parties are objectionable or in
violation of this Agreement, the policies of Sesame Workshop India and the SW
Parties, or applicable law. We may also impose limits on certain features or restrict your
access to part or all of the features or services without notice or penalty if we believe
you are in breach of these guidelines, our terms and conditions, or applicable law, or for
any other reason without notice or liability.
INDEMNIFICATION
You agree to indemnify and hold harmless Sesame Workshop India and the SW
Parties, and its and their respective affiliates, directors, officers, employees, and agents
from and against any and all claims, liabilities, and expenses (including reasonable legal
fees) that may arise from your use of the App in any way, your placement or
transmission of any message, content, information, software, or other materials on, to,
or through the App, or your violation of law or breach of the terms of this Agreement.
Sesame Workshop India and the SW Parties reserve the right to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you, and in
such case, you agree to cooperate with the defense of any such claims by Sesame
Workshop India and the SW Parties.
COPYRIGHT COMPLAINT
We respect the intellectual property rights of others and require that people who use the
App do the same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please forward the following information to our
Copyright Agent:
COPYRIGHT COMPLAINTS:
Sesame Workshop India
86, 1st Floor, Okhla Phase-III, New Delhi, India
E-mail: contactus@sesameindia.org
GENERAL DISCLAIMER AND LIMITATION OF LIABILITY
Sesame Workshop India controls and operates the App from offices in India. We make
no representation that App Content is appropriate or authorized for use in all countries,
states, provinces, counties, or any other jurisdictions. If you choose to access the App,
you do so on your own initiative and risk, and you are responsible for compliance with
all applicable laws if and to the extent such laws and restrictions are applicable.
The App provides information of a general nature only, and you are responsible for
determining whether it applies to your specific situation. Sesame Workshop India
specifically disclaims any liability concerning any action that any person may take based
on any information or guidance provided within the App.
The App provides information of a general nature only, and you are responsible for
determining whether it applies to your specific situation. Sesame Workshop India
specifically disclaims any liability concerning any action that any person may take based
on any information or guidance provided in the App.
Sesame Workshop India does not guarantee the accuracy, timeliness, correctness,
completeness, performance, or fitness for a particular purpose of the App or any of the
App Content. Sesame Workshop India is not liable for any errors, omissions, or
inaccurate App Content.
THE APP AND THE APP CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA,
DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY
WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, OR USEFULNESS
OF APP CONTENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR
NONINFRINGEMENT, WHICH ARE EXCLUDED FROM THIS AGREEMENT TO THE
EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. SESAME
WORKSHOP INDIA DOES NOT WARRANT THAT THE APP OR THE SERVICES,
CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN WILL BE TIMELY,
SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN
TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES,
INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE APP AT YOUR OWN
RISK. SESAME WORKSHOP INDIA ALSO ASSUMES NO RESPONSIBILITY, AND
SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT,
YOUR MOBILE DEVICE OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS
TO, USE OF, OR BROWSING IN THE APP OR YOUR DOWNLOADING OF ANY
MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE APP. You are
responsible for implementing sufficient procedures and virus checks (including anti-virus
and other security checks) to satisfy your particular requirements for the accuracy and
security of data input and output. SESAME WORKSHOP INDIA MAKES NO
WARRANTY THAT THE APP WILL MEET USERS’ REQUIREMENTS. NO ADVICE,
RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM US OR THROUGH THE APP SHALL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN.
EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING BUT
NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL
SESAME WORKSHOP INDIA OR THE SW PARTIES BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE APP OR WITH
THE DELAY OR INABILITY TO USE THE APP, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE APP, OR
OTHERWISE ARISING OUT OF THE USE OF THE APP, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THOSE ASPECTS OF THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IN NO EVENT SHALL SESAME WORKSHOP INDIA OR THE SW
PARTIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED,
TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER
OR OTHER PERSON ON OR THROUGH THE APP (INCLUDING, WITHOUT
LIMITATION, ANY SUBMITTED MATERIALS). IN NO EVENT SHALL SESAME
WORKSHOP INDIA OR THE SW PARTIES’ TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE,
THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE APP OR FOR
ANY OF YOUR ACTIVITIES ON THE APP.
TERMINATION
Sesame Workshop India may terminate, change, suspend, or discontinue any aspect
of the App at any time. Sesame Workshop India may restrict, suspend, or terminate
your access to the App and/or this Agreement if we reasonably believe or suspect you
have acted inappropriately on the App or you are in breach of these Terms of Use or
applicable law, or for any other reason without notice or liability. Additionally, Sesame
Workshop India may terminate use or access privileges to the App of users who are
repeat infringers of intellectual property rights. You may terminate this Agreement by
discontinuing your use of and access to the App. This Agreement is effective until
terminated by you or by Sesame Workshop India for any reason, with or without
notice. Upon any termination of this Agreement, you agree to discontinue your use and
access of the App and to immediately destroy all materials obtained from it.
MISCELLANEOUS
This Agreement shall be deemed to include all other notices, policies, disclaimers, and
other terms contained in the App, including our Privacy Policy; provided, however, that
in the event of a conflict between such other terms and the terms of this Agreement, the
terms of this Agreement shall prevail.
You agree that Sesame Workshop India may assign any of its rights and/or transfer,
sub-contract, or delegate any of its obligations under this Agreement. This Agreement is
personal to you and you may not transfer or assign it to a third party.
This Agreement is governed by and is construed in accordance with the laws of India,
without regard to conflicts of law provisions. You consent to the exclusive jurisdiction
and venue of courts in New Delhi, India, in all disputes arising out of or relating to your
use of the App. Notwithstanding the foregoing, Sesame Workshop India shall have the
right to bring action against visitors of the App in courts of competent jurisdiction in the
jurisdiction in which such visitors reside or are located: (i) to seek injunctive relief
against such visitor, (ii) to obtain a judgment against such visitor where a judgment by
an Indian court will, or may, not be enforced by the jurisdiction in which such visitor
resides or is located, or (iii) to enforce a judgment obtained against such visitor in an
Indian court.
Our failure to exercise or enforce any right or provision of this Agreement shall not
constitute a waiver of such right or provision.
If any part of this Agreement is determined to be invalid or unenforceable under
applicable law, including but not limited to the warranty disclaimers and liability
limitations stated above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the intent of the
original provision, and the remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement between you and Sesame Workshop
India with respect to the App, and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written, between you and
Sesame Workshop India with respect to the App. A printed version of this Agreement
and of any notice given in electronic form will be admissible in judicial or administrative
proceedings based upon or relating to this Agreement to the same extent as other
business documents and records originally generated and maintained in printed form.
Any rights not expressly granted in this Agreement are reserved to Sesame Workshop
India.
Effective date: October 21, 2024