Terms of Service
Welcome to GSM Arena AV (“GSM Arena AV” or “Website”), your destination for social networking and discussions on a wide range of consumer electronic products in India.
By accessing and using this Website or viewing its content, you acknowledge and accept the terms outlined in these Terms of Service (“TOS”). Please take the time to review this legally binding agreement between you and GSM Arena AV. If you do not agree to these TOS, we kindly ask that you refrain from using GSM Arena AV.
Eligibility
To use GSM Arena AV, you must be at least 16 years old. If you are under 16 years of age, please do not attempt to access or use the Website. We may delete User accounts and User-Generated Content without prior notice if we suspect that you are under the age of 16.
Your GSM Arena AV Account To fully enjoy the GSM Arena AV experience and access certain features on the Website, you will need to create a User account and profile. During the registration process, you will establish login credentials by selecting a password and providing an email address, or by linking another account such as Facebook, Google, or other third-party accounts. When creating your User account and profile, it is important to provide accurate information about yourself. You may choose to share information that does not personally identify you to the public. However, you are prohibited from impersonating others, using someone else’s email address, or creating multiple User accounts and profiles.
You are responsible for safeguarding your account and password’s security. You agree to be accountable for all activities associated with your account, whether authorized or not. Notify us immediately if you suspect any unauthorized use of your account. We retain the right to close your account, revoke your username, and delete any content you submit at our discretion. Please understand that GSM Arena AV will not be held liable for exercising this right.
License for Personal Use We grant you a limited license to access and use GSM Arena AV for personal purposes only. You may not download or copy any part of the content for commercial use or modify any content without our prior written or emailed consent. This license does not encompass resale or commercial use of GSM Arena AV or its content, collection or use of “User-Generated Content” (as defined below), creation of derivative works from GSM Arena AV, or use of data mining tools. You may not store, distribute, transmit, display, reproduce, modify, create derivative works, sell, or exploit any portion of GSM Arena AV for commercial purposes without prior consent from GSM Arena AV.
You are permitted to display and occasionally print single copies of GSM Arena AV pages for personal, non-commercial use. However, reproducing any material from GSM Arena AV, aside from your own “User-Generated Content” (as described below), requires our prior written consent. For permission to reproduce or distribute materials found on the Website, please contact us at the provided address.
You may not use our name, or any variation thereof, trademarks, or service marks, in any manner without our prior written or emailed consent. Any violation of this provision terminates the permission and license granted to access and use GSM Arena AV.
User-Generated Content Users with GSM Arena AV accounts can submit content and information, including but not limited to text, data, photos, and videos (collectively referred to as “User-Generated Content”). Please note that GSM Arena AV does not guarantee confidentiality for any User-Generated Content.
You agree that any User-Generated Content intended for display on GSM Arena AV will not contain illegal, indecent, profane (including veiled profanity using symbols, initials, misspellings, or other characters), defamatory, privacy-invasive, or otherwise harmful content towards third parties. User-Generated Content should not include software viruses, political endorsements, commercial solicitations, chain letters, mass mailings, or “spam.” You are also prohibited from using a false email address, impersonating others, or misleading regarding the origin of your User-Generated Content.
In addition to the above restrictions, you may not submit User-Generated Content that infringes on any person’s or entity’s copyright, trademark, or other intellectual property rights, or contains confidential or proprietary information. PhoneArena will remove User-Generated Content if properly notified of intellectual property rights infringement.
You must not use GSM Arena AV for threats, stalking, fraud, harassment, or to incite others to do so. Promoting discrimination or bigotry against protected classes, posting pornography or illegal content, using automated tools to access or scrape the Website, taking actions that excessively burden GSM Arena AV’s technology infrastructure, or violating applicable laws are all strictly prohibited.
You are solely responsible for your User-Generated Content and assume all associated risks, including its accuracy and completeness when relied upon by others or if it discloses personally identifiable information about you. You confirm that you own the necessary licenses or permissions for your User-Generated Content and grant GSM Arena AV the right to use your User-Generated Content as described herein.
GSM Arena AV does not endorse User-Generated Content, opinions, recommendations, or advice and disclaims any liability related to User-Generated Content. You may not imply that your User-Generated Content is sponsored or endorsed by GSM Arena AV.
We reserve the right, though we are not obligated, to monitor User-Generated Content on GSM Arena AV and restrict or remove content that we deem inappropriate. If you find any offensive or rights-violating User-Generated Content on GSM Arena AV, please contact us at phonearena@gsmarenaav.com, Subject: Inappropriate Material.
License to GSM Arena AV and GSM Arena AV Users By posting User-Generated Content on GSM Arena AV, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, and display your User-Generated Content in connection with the Website and our business. This includes promotion and redistribution of the Website (and derivative works) in any media format and through any media channels. You also grant us the non-exclusive right to seek legal action against any unauthorized use or reproduction of your User-Generated Content. We may edit your User-Generated Content for length, clarity, or other reasons before or after publication.
Additionally, you grant each GSM Arena AV User a non-exclusive license to access and use your User-Generated Content through the Website and display it as allowed by Website functionality and these TOS.
The licenses granted above terminate within a commercially reasonable time after you delete your User profile or terminate your User account. However, GSM Arena AV may retain server copies of removed or deleted User-Generated Content. Licenses granted for User-Generated Content shared with others, such as discussion comments or products in the GSM Arena AV database, are perpetual and irrevocable.
GSM Arena AV’s Use of User-Generated Content GSM Arena AV reserves the right to use or not use your User-Generated Content at its sole discretion. For example, we may choose not to publish your User-Generated Content if we believe it violates these TOS. Please note that we are not obligated to keep copies of your User-Generated Content, nor can we guarantee its confidentiality.
Advertisements and other information may be displayed alongside your User-Generated Content on the Website and other media. You are not entitled to compensation for such advertisements. The format, manner, and extent of advertising are subject to change without specific notice to you.
Privacy Policy Please review GSM Arena AV’s current Privacy Policy, available at Privacy, which is incorporated by reference into these TOS.
Links to Third-Party Websites GSM Arena AV may include links to other websites in its content, whether created by GSM Arena AV (“GSM Arena AV Content”) or User-Generated Content. GSM Arena AV does not control or endorse the content of these third-party websites. By using GSM Arena AV, you agree that GSM Arena AV is not responsible for the availability or content of these third-party websites.
Termination GSM Arena AV retains the right to restrict, suspend, or terminate your access to all or parts of the Website at its sole discretion, including revoking your username, for any reason or no reason, with or without prior notice, and without liability. GSM Arena AV expressly reserves the right to remove your User account and/or restrict, suspend, or terminate your account and access to the Website if, at its sole discretion, you breach these TOS or are suspected of illegal activity.
You may terminate your GSM Arena AV account at any time, for any reason, by selecting the relevant option within your profile page menu.
In the event of termination, these TOS shall remain in effect.
Ownership GSM Arena AV owns the GSM Arena AV Content available on the Website, including visual interfaces, interactive features, graphics, scripts, photos, sounds, music, videos, design, compilation, computer code, products, software, text, aggregate user review ratings, and all other elements of the Website, excluding User-Generated Content and third-party content. GSM Arena AV also owns or has licensed copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights worldwide associated with GSM Arena AV Content and the Website. These are protected by copyright, trademark, patent, and other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, distribute, create derivative works, publicly display, or exploit any GSM Arena AV Content except as expressly authorized by GSM Arena AV. Except as provided herein, GSM Arena AV does not grant any express or implied rights. All rights to the Website and GSM Arena AV Content are retained by GSM Arena AV.
Copyright Policy You may not post, modify, distribute, or reproduce copyrighted material, trademarks, or other proprietary information belonging to others without obtaining prior written consent from the owner of such rights. GSM Arena AV’s policy is to terminate User accounts and privileges of any User who repeatedly infringes on the copyright rights of others after proper notification to GSM Arena AV by the copyright owner or their legal agent. If you believe that GSM Arena AV User-Generated Content or other content infringes your copyright, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work you claim has been infringed; (iii) the location of the material you claim is infringing on GSM Arena AV; (iv) your contact information; (v) a written statement that you have a good faith belief the use is unauthorized by the copyright owner or the law; (vi) a statement 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 their behalf. GSM Arena AV’s Copyright Agent can be reached via email at phonearena@gsmarenaav.com.
Warranty Disclaimers ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH GSM ARENA AV ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THESE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE AND OUR CONTENT PROVIDERS DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES INCLUDED IN OR AVAILABLE THROUGH GSM ARENA AV ARE ACCURATE, RELIABLE, OR CORRECT; THAT GSM ARENA AV WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT GSM ARENA AV IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF GSM ARENA AV IS AT YOUR OWN RISK. Some jurisdictions do not permit the exclusion of certain warranties, so these exclusions may not apply to you.
Limitation of Liability UNDER NO CIRCUMSTANCES SHALL WE OR OUR BUSINESS PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF, OR INABILITY TO USE, GSM ARENA AV. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE.
YOU ACKNOWLEDGE THAT GSM ARENA AV SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so our liability in such jurisdictions shall be limited to the extent permitted by law.
Damages; Indemnification You agree to be responsible for any damages resulting from any violation of these TOS. You also agree to indemnify and hold GSM Arena AV, its owners, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these TOS, or any violation of any law or the rights of any third party in connection with your use of GSM Arena AV.
Choice of Law and Forum These TOS are governed by and construed in accordance with the laws of India, excluding conflict of law rules. You agree that, unless expressly waived by us, the exclusive jurisdiction for any claim or action arising out of or relating to these TOS or your use of GSM Arena AV shall be in the courts located in India. You also agree and submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree to receive service of process through email, certified mail, or other means authorized by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. In the event of any action to enforce or interpret these TOS, the prevailing party shall be entitled to collect its reasonable attorney fees.
Modification and Severability GSM Arena AV reserves the right to make changes to these TOS and other legal notices at any time without notice to you. By continuing to use this Website following our posting of such changes, you agree to be bound by these modified TOS. We may change, restrict access to, suspend, or discontinue GSM Arena AV, or any portion thereof, at any time.
Miscellaneous GSM Arena AV and you are independent entities, and nothing in these TOS or through your use of the Website will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between GSM Arena AV and you. Any rights and licenses granted under these TOS may not be transferred or assigned by you but may be assigned by GSM Arena AV without restriction. If any provision of these TOS is deemed invalid, void, or otherwise unenforceable, that provision shall be considered severable and shall not affect the validity and enforceability of the remaining provisions. Failure by GSM Arena AV to exercise or enforce any right or provision of these TOS shall not operate as a waiver of such right or provision. Section titles in these TOS are for convenience only and have no legal or contractual effect. These TOS operate to the fullest extent permitted by law.
If you have any questions about these TOS, please contact us at: phonearena@gsmarenaav.com.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
