Your USE or ACCESS of the ONKIA mobile application (hereinafter referred to as the "OMA") forms a legally binding contract between you and ONKIA Mobile Internet Private Limited, (hereinafter referred to as ONKIA) based on the terms stated herein (hereinafter referred to as "Terms of Use") superseding any prior written or oral agreements in relation to the same subject matter herein. By accessing and/or using the OMA, you agree that

(1) you have read these Terms of Use and understand all of its contents and

(2) you grant your free and unconditional consent to be subject to all the terms and conditions stated in the Terms of Use.

Description of Service The OMA is a software application which is downloadable onto your GPRS active mobile (selected) Handsets. OMA allows users to View Free and Pay per View audio/video content. OMA allows users to upload, only self owned/created audio/video content, in a size and format specified as time to time (hereinafter referred to as the User Submissions). Users may also participate in ONKIA's User Submission Payout scheme. By using the OMA, you agree and acknowledge that the OMA is merely A NEUTRAL PLATFORM for facilitating connectivity between people. This platform is purely for entertaining and amusement purposes only. This is a facility to promote new forms on developing mobile technology Ownership and Limited License ONKIA shall retain all ownership in the OMA. ONKIA grants you a non-commercial, non-exclusive, non-transferable, personal, revocable right to use the OMA provided that you

(i) do not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code,

(ii) do not modify or attempt to modify the OMA in any manner or form

(iii) agree to use the OMA in accordance with the terms and conditions contained herein without modifications or reservation of any of the terms and conditions. Consideration The consideration for these Terms of Use shall be the mutual representations and promises ONKIA and you exchange in these Terms of Use. ONKIA, in its sole and exclusive discretion, shall have the right at any time with or without reason, to refuse access to the OMA to any individual or entity. If you find the Terms of Use to be unacceptable, you must immediately terminate your use or access of the OMA. User Submissions The OMA facilitates the submission of audio/videos by you and other users ("User Submissions") and the hosting and publishing of such User Submissions. You may submit your User Submissions through the OMA interface. You may elect to publish your User Submissions free of charge or participate in ONKIA's User Submission Payout Scheme as detailed hereunder. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that:

(i) you own or have the necessary rights and permissions to use and authorize OMA to use all copyright, trademark or other proprietary rights in and to any User Submissions to enable inclusion and use thereof as contemplated by the OMA and these Terms & Conditions; and

(ii) you have the written consent and/or permission of each and every identifiable individual person in the User Submission to use their name or likeness as contemplated by the OMA and these Terms & Conditions.

You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to ONKIA, you hereby grant ONKIA, in addition to any other rights which it has pursuant to any other program established by ONKIA, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of (including without limitation, to rename, edit, shorten, split the videos into different segments, and use the entire video or segments as part of compilations), display, and perform the User Submissions in connection with the OMA and ONKIA's (and its successor's) business, including without limitation to grant access to the OMA to third parties to view the User Submission (and derivative works thereof). With regard to User Submissions submitted you may notify ONKIA to remove the User Submission from the OMA, and ONKIA will do so within a reasonable time period, at which point the foregoing license to ONKIA will terminate. You also hereby grant each user of the OMA or other viewer of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all for non-commercial and personal use. You agree that you will not:

(i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Submission and to grant ONKIA all of the license rights granted herein;

(ii) publish falsehoods or misrepresentations that could damage ONKIA or any third party;

(iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or

(iv) misidentify yourself in submitting the User Submission or misstate your true identity.

ONKIA does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and ONKIA expressly disclaims any and all liability in connection with User Submissions. You understand that when using the OMA, you will be exposed to User Submissions from a variety of sources, and that ONKIA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against ONKIA with respect thereto, and agree to indemnify and hold ONKIA, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the OMA. User Submission Payout If the user decides to participate in ONKIA's User Submission Payout Scheme, ONKIA will pay you a share of % every 1000 times the User Submission is viewed/downloaded on the OMA, as measured by ONKIA. ONKIA will pay you within approximately 30 days after the end of each month for User Submissions viewed during the previous month. If your payment for any given month would be less than Rs. 1000, ONKIA may hold such payment to you until the amount due is equal to or exceeds Rs. 1000. Payment is in Indian Rupees only. You are solely responsible for reporting and paying any applicable tax or tariffs on the payment. Any advance taxes will be deducted whenever applicable. Video Requirements for User Submissions 1.Length and format User Submissions shall be between 20 seconds and one minute long. The User Submissions shall be uploaded in size not more than 600 kilobytes in 3 gp format. 2.ONKIA reserves the right to refuse any submission for any reason. Warnings and Conduct You agree that:

1.You are over the age of 18

2.You will not publish, post, display, upload, distribute or disseminate any profane, defamatory, infringing, obscene, pornographic, sexually explicit or unlawful topic, name, material or information of any kind.

3.Provide material that exploits people under the age of 18 years in a sexual or violent manner, or solicits personal information from anyone under the age of 18 years.

4.Encourage, invite or solicit extra marital affairs. 5.Provide false information on your registration form/profile.

6.Present to third parties any content or material in a manner that could be construed as conveying sponsorship, endorsement, option, or representation or warranty of ONKIA.

7.Use the OMA in violation of local, state, national or international law, statute, ordinance, regulation or rule.

8.Upload files that contain software or other material that violates the intellectual property rights of any third party.

9.Upload content/files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

10.Advertise or offer to sell any goods or services for any commercial purpose.

11.Engage in any fraudulent, abusive or illegal activity including but not limited to any communication or solicitation designed or intended to fraudulently obtain the password or any private information of any user.

12.Restrict or inhibit any other registered user from using and enjoying the community areas.

13.Restrict or inhibit any other registered user from using and enjoying the community areas.

If you violate such terms, ONKIA may, without prior notice and without liability to you, forbid you from any and use of the OMA, terminate your registration, delete your uploaded material, and take any other action ONKIA deems appropriate in its sole discretion. ONKIA shall not be held responsible or liable for deactivation or deletion of accounts or for loss of uploaded material or information as a result of, or arising out use of the OMA. Illegal and/or unauthorized uses of the OMA, including unauthorized framing of or linking to the OMA will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress in terms of applicable law. Warranty Disclaimer ONKIA has no control over, and is not responsible for the acts or omissions of any third-parties, or the quality or validity of the content. ONKIA is not responsible and shall have no liability towards you for any content posted by other third parties; including defamatory, scandalous, obscene, offensive or illicit material and that the risk of damages from such content rests entirely with you. Furthermore, ONKIA does not warrant or guarantee the accuracy or completeness of any third party content, nor endorses any third party, or the opinions of third parties expressed on the
OMA. THE SERVICE AND CONTENT ON THE OMA ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU AGREE THAT YOUR USE OF THE OMA SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ONKIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE OMA AND YOUR USE THEREOF. ONKIA MAKES NO WARRANTIES OR REPRESENTATIONS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE OMA, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE OMA, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE OMA BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR OTHERWISE MADE AVAILABLE VIA THE OMA. ONKIA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OMA OR ANY ADVERTISING, AND ONKIA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. Limitation of Liability IN NO EVENT SHALL ONKIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE OMA, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE OMA, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH the OMA BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR OTHERWISE MADE AVAILABLE VIA THE OMA, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ONKIA SHALL NOT BE LIABLE FOR CONTENT UPLOADED TO THE OMA, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. Indemnity You agree to defend, indemnify and hold harmless ONKIA, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

(i) your use of and access of the OMA;

(ii) your violation of any term of these Terms of Service;

(iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or

(iv) any claim that one of your User Submissions caused damage to a third party.

This defense and indemnification obligation will survive these Terms of Service and your use of the OMA. Security You may have an account and password for use of the OMA. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account. ONKIA shall not be held liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. You will promptly report any unauthorized use of your password to ONKIA. Privacy Policy ONKIA will collect, store or use personally identifiable information including contact information (such as your name, photograph, address, telephone number, e-mail address, zip code) and demographic information (such as age, gender, occupation, accounts and income) and/or any other information (hereinafter collectively referred to as "Your Information"), when you voluntarily submit it to ONKIA (such as through the registration page) or when ONKIA acquires such information from other sources that are publicly available. By providing ONKIA with Your Information, or by continuing to use this OMA, you are consenting to ONKIA to collect, use, store and process Your Information. ONKIA will not use or disclose Your Information except as described in this Privacy Policy. Though ONKIA makes every effort to preserve your privacy, ONKIA may need to disclose Your Information when required by law wherein ONKIA has a good-faith belief that such action is necessary to comply with a current judicial proceeding, a criminal investigation, a court order, or legal process served on the OMA. ONKIA may also share Your Information if ONKIA believes it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person or entity, violations of the OMA's Terms of Use, or as otherwise required by law. ONKIA may record information about your usage, such as when you use the OMA, the channels, groups, and favorites you subscribe to, the videos you watch, and the frequency and size of data transfers etc. ONKIA will not use personally information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, ONKIA may use your personally information without further consent for non-marketing or administrative purposes. ONKIA may use Your Information to operate, maintain, and provide to you the general and personalized features and functionality of the OMA. ONKIA desires to keep you in control of Your Information provided to ONKIA. Accordingly, you can review, correct, change or remove the personal registration information you provide to ONKIA and that ONKIA controls. You shall be given the opportunity to 'opt-out' of having information used for purposes not directly related to the OMA at the point where asked for such information. Trade Marks Certain names, terms, words, titles, phrases, slogans, logos, icons, images, graphics or designs to the pages of the OMA may constitute trade names, trademarks or servicemarks whether registered or otherwise of ipinner. The display of any of the above trade names, trademarks, servicemarks or pages of this OMA does not imply that any licence has been granted to any third party in respect of the same. Any use of the trade names, trademarks or servicemarks belonging to ipinner without the express written permission of ipinner is strictly prohibited. Copyright and Content Policy ONKIA respects the intellectual property rights of others, and requests you to do the same. ONKIA does not permit copyright infringing activities and infringement of intellectual property rights on its OMA, and ONKIA will remove all Content if properly notified that such Content infringes on another's intellectual property rights. ONKIA reserves the right to remove Content without prior notice. ONKIA will also terminate a User's access to the OMA, if they are determined to be a repeat infringer. ONKIA may remove such Content and/or terminate a User's access for uploading such Content in violation of these Terms & Conditions at any time, without prior notice and at its sole discretion. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide ONKIA the following information: 1.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; 2.a description of the copyrighted work that you claim has been infringed, including the location where the copyrighted work exists or a copy of the copyrighted work; 3.a description of where the material that you claim is infringing is located on the OMA; 4.your address, telephone number, and email address; 5.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 6.a statement by you, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Severability Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction. Assignment You shall not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law. Governing Law and Jurisdiction The relationship between you and ONKIA shall be governed and interpreted in accordance with the laws of India, without regard to its conflict of law provisions. You and ONKIA agree that the courts of Mumbai shall have the exclusive jurisdiction to entertain and/or try any matter connected with, in relation to or arising out of the use or access of this OMA by you and/or provision of Service by ONKIA. Entire Agreement These Terms of Use incorporate by reference any notices contained on the OMA and together with the Copyright Notice and Privacy Policy constitute the entire agreement with respect to your use and or access to this OMA. Modification ONKIA reserves the right to modify and/or update these Terms of Use from time to time and such modified and/or updated Terms of Use shall be effective and binding upon you in respect of any subsequent use of the OMA by you after the time such modifications, amendments and/or updates are first displayed on the OMA. Unless explicitly stated otherwise, any new services or features that augment or enhance the OMA or are otherwise provided on the OMA shall be automatically incorporated into the OMA and as such shall be subject to these Terms of Use therefore making such activity binding upon you. Term and Termination The Terms of Use shall become effective immediately upon any use or access by you of the OMA and shall remain effective unless terminated by either party as provided hereunder. Either party may terminate these Terms of Use by providing the other with written or email notice of such termination. You expressly agree that upon termination notice provided by ONKIA to you, the termination shall be effective immediately upon delivery of such notice to you. In the event the termination is caused by you, ONKIA shall endeavor to make such termination effective at the earliest, however, in no way does ONKIA guarantee that such termination shall be effective immediately upon delivery of such notice to ONKIA. Furthermore, ONKIA may unilaterally terminate these Terms of Use immediately for any reason. You agree that ONKIA shall not be liable to you for any modification or discontinuance of the OMA and ONKIA may discontinue the OMA and the Service without any notice to you. Survival ONKIA's proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your access, use or participation on the OMA. Waiver A waiver by ONKIA to enforce any right or failure to act with respect to any breach by any user under the Terms of Use shall not imply the waiver of any other right or a subsequent waiver, nor shall it affect the validity of enforceability of any provision hereof. Miscellaneous Nothing in the Terms of Use shall be construed as making you the partner, joint venture, agent, legal representative, employer, or employee of ONKIA. You shall not have, or hold yourself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The Terms of Use will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.