GRIEVANCE REDRESSAL & TAKEDOWN POLICY
This Grievance Redressal and Takedown Policy (“Policy”) is issued by OTTRUN (“Service Provider”) in accordance with the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IT Rules”). This Policy is applicable to all users who access and uses the Services provided through the OTTRUN Application (video player).
1. Objective
The purpose of this Policy is to establish a mechanism for:
- Addressing complaints from individuals or entities regarding content hosted or transmitted through the Services;
- Ensuring compliance with Section 79 of the IT Act and the IT Rules, while safeguarding intermediary’s safe harbor;
- Facilitating the lawful takedown of content that is infringing, unlawful, or in violative of applicable laws or rights.
2. Designated Grievance Officer
In accordance with Rule 3(2)(a) of the IT Rules, the Service Provider has appointed the following Grievance Officer:
Name: Mehak Thappa, Advocate
Designation: Grievance Officer
Email: [email protected]
Response Time: Within 24 hours of receipt of complaint; resolution within 15 working days.
3. Filing a Grievance or Takedown Request
- Any person who has concern regarding any user, content accessed, streamed, or accessible through the Services may file a grievance or takedown request by submitting the following details to the Grievance Officer:
- Full name and contact details (postal address, email, phone number);
- A description of the user and content in question, including user ID, along with the specific reason for the objection (e.g., copyright infringement, defamation, obscenity, etc.);
- Proof of ownership or authorization, if asserting a legal right (e.g., copyright holder must provide supporting documents);
- A declaration under penalty of perjury stating that the information provided is true and accurate, and that the complainant is authorized to act on behalf of the rights holder (if applicable).
4. Review and Action
- Upon receiving a valid grievance:
- The Grievance Officer will acknowledge receipt within 24 hours;
- The user and content in question will be reviewed for compliance with applicable laws and the Acceptable Use Policy;
- If the complaint is found to be valid, the issue will be resolved within 15 days, and the involved user may be notified;
- The user may be given an opportunity to respond, unless the content is evidently illegal or subject to a legal/court order;
- In the case of repeat violations, we may suspend or terminate user account.
5. No General Monitoring Obligation
The Service Provider is not under an obligation to monitor or access the legality of all content played by Users. However, this Policy ensures that upon receiving actual knowledge through proper channels, the Service Provider will acts promptly to ensure compliance and maintain safety.
6. Disclaimer: Player-Only Role Under IT Act
1. User-Side Video Player
- OTTRUN does not operate a backend server for content hosting or streaming. The Application functions solely as a user-side tool, similar to local media players (e.g., VLC).
- Users are required to provide or configure third-party URLs, playlists, or other external sources. OTTRUN does not offer any channels, streams, or content directly.
2. Applicability of Rule 3(1)(e)
- We note that under Rule 3(1)(e) of the IT Rules, the “temporary or transient or intermediate storage” of content “involving no editorial control” does not amount to hosting or publishing. As our Application’s buffering processes are purely local and transient (user-side RAM storage), we are exempt from takedown obligations applicable to hosting platforms.
3. No Capacity to Block or Intercept Streams
- As we do not manage the underlying network infrastructure or host the video content, we lack the technical capability to block streams at the network level.
- In many cases, the relevant Internet Service Provider (“ISP”) or the content host/server is the proper entity to implement content blocking, if necessary.
4. Voluntary Cooperation & Respect for IP
- While we are not an intermediary or hosting platform, we prioritize the protection of intellectual property rights. In response to legitimate requests supported by proper evidence or legal orders, we will act in good faith. For example, we may suspend or disable a User’s access within the Application if they are found to be engaging in unlawful activity.
- However, we cannot remove, block, or disable the actual stream at its source. Rights holders are urged to contact the server host, ISP, or the relevant content distribution network for effective takedown.
7. Retention of Records
The Service Provider may retain a log of all grievances received along with the actions taken, for a minimum period of at least 180 days, in accordance with IT Rules and internal audit practices.
8. Updates to the Policy
This Policy may be periodically updated to reflect changes in applicable law, technology, or business practices. The most recent version will be published or made available to users on request.
Acknowledgment
By using the Services, the User acknowledges and agrees to abide by this Policy, and to commit to responding promptly to any notices or takedown requests forwarded by the Service Provider.