Terms and ConditionsUser Policy/ Agreement
Please read the terms and conditions ("Terms and Conditions") set out below carefully before using, or logging into this Website or application. By logging in or using this Website and/or application means and implies that you have read, fully understood, accepted and agreed to be bound by these Terms and Conditions.
A. By "Company" or “Company Services” we mean the features and services, process, purchasing, buying, selling, sharing etc. we make available, including through (a) any sort of operating platforms (b) our website, apps, portal and/or platform at and any other Company branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (c) our Platform; (d) social plugins such as the Like button, the Share button and other similar offerings; and (e) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Company reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms.
B. By "Platform" we mean a set of APIs, using our system to purchase and/or sell and/or avail, utilize services and/or products etc. (as the case may be) as provided and further services also (such as content) that enable others, including application developers and website operators, to retrieve data from Company or provide data to us or vice versa.
C. By "information" we mean facts and other information about you, including actions taken by but not limited to users, merchant, vendors, advertisers and also non-users etc. who interact with Company by any means.
D. By "content" we mean anything we herein or anywhere else expressed by us in any manner whatsoever, you or other users’ register, post, provide or share using Company Services, portal, apps & any sort of operating platforms etc. with regard to information and/or any other purposes etc.
E. By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Company or provide to Company through our Platform and also includes anything we herein or anywhere else expressed by us in any manner whatsoever.
F. By "post" we mean post of any sort (but not limited to information, content, data etc.) on Company system or otherwise made available by using Company portal, website, apps, platform & any sort of operating platforms etc.
G. By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works etc. but not limited to the same.
H. By "application" we mean any application or any sort of operating platforms, website, portal, apps, system, mode, means etc. that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
2. ANONYMOUS INFORMATION
Any information etc. whose author, basis, background, detail, link, particulars etc. are not disclosed, known, shown, available and explained despite reasonable efforts to do so and includes but not limited to any such information coming from person/group with fake identity, pseudonym.
3. TECHNICAL INFORMATION
Any information pertaining to technical, scientific, definite information pertaining to hardware, software, process, procedure, operating system, platform, apps, portal etc. but not limited to the same.
4. USER INFORMATION
User Provided Information: You provide certain Personally Identifiable Information, such as your mobile phone number, push notification name (if applicable), billing information (if applicable) and mobile device information to us when choosing to participate in various uses of the company Service, such as registering as a user, updating your status or requesting status for your contacts. In order to provide the company Service, we will periodically access your address book or contact list on your mobile phone to locate the mobile phone numbers of other our users (“in-network” numbers), or otherwise categorize other mobile phone numbers as “out-network” numbers, which are stored as one-way irreversibly hashed values.
5. SPECIFIC INFORMATION
Any information being specific, precise, categorical and material in nature pertaining to a particular subject matter.
(That the aforementioned definitions are illustrative only and not exhaustive/conclusive. The same are open to interpretation by our company in a given situation)
1.1 “Agreement” means these Terms and Conditions and all attached exhibits, amendments, etc.
1.2 “User” means the users who login to the mobile app / website/portal of the company.
1.3 Individuals, company or organization which is receiving support from COMPANY per the terms hereof.
1.4 Customer Assistance. Customer will provide to COMPANY / SYSTEM / PORTAL / APPS, and/or COMPANY’s authorized representatives, in a timely manner, all assistance and information and materials which COMPANY may reasonably request for the performance of the Services. COMPANY will not be liable for delays in performance caused by any delay or failure to provide such assistance to COMPANY.
1.5 Relationship of the Parties. The relationship between COMPANY and Customer is that of independent contractors and nothing in this Agreement shall be construed (i) to give either party the power to direct or control the activities of the other party; (ii) to constitute the parties as employer and employee, principal and agent, partners, joint ventures, co-owners or otherwise participants in any joint undertaking to allow either party to create or assume any obligations on behalf of the other party for any purpose. All persons whose details are furnished by COMPANY shall be employees or authorized representatives, and shall not be deemed to be employees of Customer for any purpose whatsoever.
1.6 Confidential Information. Either party may provide to the other certain information which is confidential in nature in connection with the Services and this Agreement. All such information shall be marked as confidential in order to be protected hereunder. Confidential information shall not be divulged to any other party by the user / customer. This obligation shall not apply to information which: (i) now or hereafter, through no unauthorized act or failure to act on recipient’s part, becomes generally known or available; (ii) is lawfully known to the recipient without an obligation of confidentiality at the time recipient receives the same from the disclosing party, as evidenced by written records; (iii) is hereafter lawfully furnished to the recipient by a third party without restriction on disclosure; (iv) is furnished to others by the disclosing party without restriction on disclosure; (v) is independently developed by the recipient without use of the disclosing party’s confidential information; or (vi) is required to be disclosed pursuant to a requirement of a governmental agency or law, so long as the recipient provides prompt notice to the disclosing party of such requirement prior to any such disclosure.
1.7 Proprietary Rights. “Proprietary Rights” shall include, but not be limited to, any and all patent, copyright, trademark and other Proprietary Rights to trade secrets in and to the technology, which is the subject of such rights. Unless otherwise specified, copyright, patents and any and all industrial and intellectual and other property rights in any and all computer hardware, computer software programs, documentation, reports and all other information developed, written, provided or produced pursuant to the Services or goods do and shall vest solely in COMPANY or its supplier, as the case may be, immediately and unconditionally upon being developed, produced, or written. Notwithstanding the foregoing, each party acknowledges that materials / goods / services provided pursuant to the Services / materials / goods by one party to the other may contain pre-existing material /goods / services owned by that party or a third party (“Pre Existing Materials /goods / services”). Nothing in this Agreement shall serve to affect the ownership of Pre-Existing Materials / goods / services and the owner thereof shall retain all right, title and interest in the Pre-Existing Materials / goods / services.
1.8 Amendments. This Agreement shall not be deemed or construed to be modified, amended, rescinded, cancelled or waived, in whole or in part, except by written amendment updated / made / notified by COMPANY.
1.9 Governing Law. This Agreement shall be governed, construed and interpreted in accordance with the laws of India. The parties hereto consent to the jurisdiction of any court located in New Delhi only, and expressly waive any objection to such venue.
1.10 Force Majeure. COMPANY will not be liable for any failure to perform its obligations hereunder where such failure results from any causes beyond its control such as flood, riot, war, natural calamities, earthquake, acts of god, policy, rules, regulations, prohibitions by government, operation of law and/or for any other reasons beyond its control etc.
1.11 Severability. In the event any of the terms of this Agreement become or are declared to be illegal or otherwise declared unenforceable by any court of competent jurisdiction, such term(s) shall be null and void and shall be deemed deleted from this Agreement. All remaining terms of this Agreement shall remain in full force and effect.
1.12 Waiver. No waiver by either parties of any breach by the other party of any of the provisions of this Agreement shall be deemed a waiver of any preceding or succeeding breach of the same or any other provisions hereof. No such waiver shall be effective unless in writing by COMPANY and then only to the extent expressly set forth in writing by it.
1.13 Compliance. COMPANY represents that it is not providing any Services except in compliance with the laws of all relevant jurisdictions.
a. The Services we (hereinafter referred as Company) provide are always evolving and the form and nature of the Services that Company provides may change from time to time without prior notice to you. In addition, Company may stop / withdraw / block (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We a. also retain the right to create limits on use and storage at our sole discretion at any time without prior/any notices to you.
b. The Services may include advertisements, promotion etc. which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Company on the Services are subject to change.
c. In consideration for Company granting you access to and use of the Services, you expressly, affirm, confirm and agree that Company and its third party providers and partners may place such advertising, promotions, material etc. on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
2. Content on the Services/our platform
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability, outcome, result, suggestion, interpretation; implication etc. of any Content or communications posted via the Services or endorse any opinions expressed via the Services.
You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
3. Company Rights and privileges
All right, title, and interest in and to the Services (excluding Content provided by users) are and will always remain the exclusive property of Company and its licensors. The Services are protected by copyright, trademark, and other applicable laws local as well as international. Nothing in the Terms gives you a right to use the Company name or any of the Company trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Company, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation, compensation, remuneration, fee to you. No demand, claim complaint, etc. from you or anyone else in this regard shall be entertained at all.
4. Termination of the terms
The Terms will continue to apply until terminated by either you or Company as follows.
You may end your legal agreement with Company at any time for any reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform Company when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated automatically due to prolonged inactivity under our applicable polices.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe:
(i) you have violated these/any Terms, conditions or the Company Rules,
(ii) you create risk or possible legal exposure for us; or
(iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
(iv) You have violated any law, rules and regulations.
(v) Any such circumstances, event, happening which may deem fit and proper for us as per our understanding, policies, wisdom and discretion Nothing in this section shall affect Company’s rights to change, limit or stop the provision of the Services at any point of time and also without prior notice.
5. Consequence of Termination
We or You may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
- Our rights to use and disclose your feedback;
- Members' and/or Visitors' rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
- Any amounts owed by either party prior to termination remain owed after termination.
6. Our “DO’s” and “DON’Ts.”
a. Do’s. You agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate, proper, valid, updated information to us and keep it updated;
- Use your real name on your profile;
- Use the Services in a professional manner.
b. Don'ts. You agree that you will not:
- Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
- Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by us);
- Use an image that is not your likeness or a head-shot photo for your profile;
- Create a false identity on our system and/or resort to impersonation;
- Misrepresent your current or previous positions and qualifications;
- Misrepresent your affiliations with a person or entity, past or present;
- Misrepresent your identity, including but not limited to the use of a pseudonym;
- Create a Member profile for anyone other than yourself (a real person);
- Invite people you do not know to join your network;
- Use or attempt to use another's account;
- Harass, abuse or harm another person;
- Send spam or other unwelcomed communications to others;
- Scrape or copy profiles and information of others through any means (including crawlers, browser plug-in and add-ons, and any other technology or manual work);
- Act in an unlawful, libelous, abusive, obscene, discriminatory, unjustified, improper, inappropriate, reckless, whimsical or otherwise objectionable manner;
- Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer));
- Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
- Violate the intellectual property or other rights of company, including, without limitation, using the word “company” or our logos in any business name, email, or URL.
- Use our invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact;
- Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by us;
- Send messages to distribution lists, newsgroup aliases, or group aliases;
- Post anything that contains software viruses, worms, or any other harmful code;
- Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;
- Create profiles or provide content that promotes escort services or prostitution.
- Creating or operate a pyramid scheme, fraud or other similar practice;
- Copy or use the information, content or data of others available on the Services (except as expressly authorized);
- Copy or use the information, content or data on company system in connection with a competitive service (as determined by us);
- Copy, modify or create derivative works of company, the Services or any related technology (except as expressly authorized by us);
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
- Imply or state that you are affiliated with or endorsed by us without our express consent (e.g., representing yourself as an accredited company trainer);
- Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;
- Sell, sponsor, or otherwise monetize our system any other feature of the Services, without our consent;
- Deep-link to our Services for any purpose other than to promote your profile or a Group on our system, without our consent;
- Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
- Remove, cover or obscure any advertisement included on the Services;
- Collect, use, copy, or transfer any information obtained from the company system without our consent.
- Share or disclose information of others without their express consent;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;
- Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
- Monitor the Services' availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- Access the Services except through the interfaces expressly provided by us, such as its mobile applications etc.;
- Override any security feature of the Services;
- Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
- Violate any of the policy & terms conditions etc. applicable law, rules and regulations.
7. User Terms and Conditions
a. Upon using our services you have entered into a legal, binding agreement and you agree to all of these terms, conditions, policies, amendments, rules, regulations etc. without any reservation.
b. You agree that by clicking to our website /apps /portal etc. registering, accessing or using our services (including our related mobile apps, developer platforms, services, or any content or information provided as part of these services, collectively, “Services”), you are entering into a legally binding agreement (even if you are using our Services for and on behalf of a company, concern, establishments, individual etc.
8. Your Membership
You'll keep your user name, password and other details so provided a secret.
You will not share an account with anyone else and will follow our rules and the applicable law and regulations.
As between you and others, your account belongs to you. You agree, undertake, affirm and confirm to: (1) choose a strong, safe, complicated, and secure password; (2) always keep your password safe, secure and confidential; (3) not transfer any part of your account in any manner whatsoever (e.g., connections, groups) and (4) follow the applicable laws, regulations, notifications, policies and the Dos and Don'ts etc. below. You are fully liable and responsible for anything that happens through your account unless you close it or report misuse in writing under acknowledgment.
9. Payment ( As Applicable )
You'll honor your payment obligations and you are okay with us storing your payment information. Also, there may be applicable fees, all other charges so applicable and taxes that are added to our prices.
We don't guarantee any refunds.
If you purchase any of our paid Services/products etc. you fully agree to pay us the applicable fees and taxes etc. without any fail. Failure to pay these fees, taxes, etc. may result in the termination of your subscription and further suitable action.
- Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
- You authorize us to store and continue billing your payment method (e.g. credit card, debit card and /or as mutually agreed) even after it has expired, to avoid interruptions in your service (e.g. subscriptions) and to facilitate easy payment for new services.
- You must pay us for all applicable fees and taxes etc. unless you cancel the Service so availed, in which case you agree to still pay these fees through the end of the applicable subscription period. Learn how to cancel or change your Services and read about our refund policy.
- Taxes and other charges etc. are calculated based on the billing information that you provide us at the time of purchase. Upon quantification you are liable to pay the same in full.
10. Service Availability
11. Advertising Technologies and Web Beacons ( As per Applicability )
We use advertising technologies and web beacons to collect information. We give you a number of ways to opt out of targeted ads, including through the Ad Choices icon shown with any ads we serve on third-party sites. If you do not want us to track your behavior on third-party sites, you can opt out. If you do not opt out, you consent to our use of beacons and other advertising technologies.
We target (and measure the performance of) ads to Members, Visitors and others both on and off of our Services through a variety of ad networks and ad exchanges, using the following, whether separately or combined:
- Advertising technologies on and off of our Services, like web beacons, pixels, ad tags, cookies, and mobile identifiers as permitted by mobile platforms;
- Member-provided profile and contact information and categories (for example, “product managers in Texas”);
- Information inferred from a Member‘s profile (for example, using job titles to infer age, industry, seniority, and compensation bracket; or names to infer gender);
- Your use of our Services (for example, your search history, the content you read on our website / apps, who you follow or is following you on our site / apps, Groups participation, which pages you visit, your clicking on a Company ad, etc.) and log files generated;
- Information from 3rd parties (e.g. advertising partners, publishers and data aggregators) which we use in addition to the information from our cookies (and similar technologies), your profile and use of our Services.
We do not share your personal information with any third-party advertisers or ad networks for advertising without your separate permission. Your profile is visible to other Members and through public search depending on your settings. Also, advertising partners may associate personal information collected by the advertiser directly from you with our cookies and similar technologies. In such instances, we contractually require such advertisers to obtain your explicit opt-in consent before doing so.
12. Testimonials and Advertisements Placed through Company Ads
13. Talent Recruiting, Marketing and Sales Solutions
We offer a premium service to recruiters and others, which can be used to search for, organize, and communicate with potential candidates or offer business opportunities. In some cases we allow the export of public profile information. You can control how your information is exported by changing which parts of your public profile are accessible to search engines.
We offer customized people-search functionality along with organizational and communications tools (including activity alerts) as part of our talent recruiting, marketing and sales solutions. These services allow subscribers - generally, enterprises and professional organizations - to export limited information from Members’ public profiles, such as name, headline, current company, current title, and location, in order to effectively manage candidate sourcing.
You may limit or prevent such subscribers from exporting your profile information by configuring your public profile visibility settings to restrict access to these fields. We do not provide email or other contact information to these subscribers.
However, if you post that information as part of your profile it will be available to them and others. A recruiter or other such subscriber may also manage and store information it has independently obtained about you outside of our Services, such as a resume, in connection with our platform. Any personal information obtained independently of our Services will not be added by us to your profile and is not under our control but is subject to the policies of our recruiting, marketing or sales solution subscriber. We store such information on behalf of such subscriber who can remove it at any time. We do not further process such information.
14. Disclosures to Others as the Result of a Change in Control or Sale of Company Corporation
15. Service Providers
We may employ third parties to help us with the Services We may employ third party companies and individuals to facilitate our Services (e.g. maintenance, analysis, audit, marketing and development and all other ancillary and incidental purposes). These third parties have limited access to your information only to perform these tasks on our behalf.
16. Your Choices & Obligations
Rights to Access, Correct, or Delete Your Information, and Closing Your Account You can change your Company information at any time by editing your profile, deleting content that you have posted, or by closing your account. You can also ask us for additional information we may have about your account. You have a right to (1) access, modify, correct, or delete your personal information controlled by Company regarding your profile, (2) change or remove your content, and (3) close your account. You can request your personal information that is not viewable on your profile or readily accessible to you (for example, your IP access logs) through Company‘s Help Center. If you close your account(s), your information will generally be removed from the Service within reasonable time/30 days. We generally delete closed account information and will de-personalize any logs or other backup information through the deletion process within 30 days of account closure, except as noted below. With respect to user accounts and activity, if you would like us to delete your record and/or remove a particular comment you have made on our system / platform, or to provide a copy of any personal information to which you may be entitled, please contact us at our web site / app. We will remove your information from our system within 24 hours and delete and/or de-personalize it from our systems within 30 days of closure.
17. Policy/terms and conditions Acceptance.
18. Code of Conduct :
You represent and warrant that: (i) You have the authority and capacity to enter and bind Yourself to this Agreement; (ii) Your use of the Application or the site will be solely for purposes that are permitted by this Agreement; (iii) You will provide accurate information about Your mobile phone number and any other number on Your address list required for use of the Application, (iv) Your use of the Application or the site will comply with all applicable local, state, national or international laws (“Laws”) and will not violate any law, regulation, or contractual obligations, and further that (v) You will not misuse the Application and/ or the site and acknowledge and understand that “misuse” includes, but is not limited to using the Application and/ or the site in any manner that (a) violates any copyright, trademark, patent or any intellectual property right, discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (b) unsolicited advertising and messages, promotional materials, junk mail, spam etc; (c) is fraudulent, unlawful or contains or promotes defamatory or illegal information and activities, images, materials or descriptions; (d) defames, harasses, stalks, threatens or otherwise violates the legal rights of others or is invasive of another’s privacy rights; (e) that is vulgar, obscene, offensive, or contains pornography or nudity or otherwise objectionable (f) that is racially or ethnically offensive and encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; (g) send or store material containing software viruses, worms, or other harmful computer code, files, scripts or programs; (h) attempt unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network, (i) unauthorized attempt to monitor data or traffic on any network or system without express authorization of the owner of the system or network, (j) interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, (k) send harassing or threatening transmissions, (l) probe for means of gaining unauthorized access to computers or networks, (m) restrict or inhibit any other person from using this Application and or Site; and (vi) You will not impersonate any person or entity, or falsely state or otherwise misrepresent Yourself, Your age or Your affiliation with any person or entity.
You shall be solely/wholly responsible/liable for all contents, details/information that You upload, transmit, share or display through the Application or the Site, (collectively the “Contents”) including but not limited to any photos, profiles (including Your name and image), messages, information, text, video, music, third party links and automatic submission of your ‘last seen’ time. COMPANY does not guarantee as to the validity, accuracy or legal status or confidentiality with respect to any Contents and You shall be solely responsible and assume all risks for any consequences of uploading, posting, transfer or disclosure of the Contents. You hereby confirm and warrant that the Contents do not violate the representation and warranties provided herein above. You understand and agree that COMPANY may review the Application and the Site and may delete or remove (without notice) any Content in its sole discretion, for any reason or no reason including any Content that in the sole judgment of COMPANY violates the Terms of this Agreement. When You post Your Content vide the Application or related services, You grant, and You represent and warrant that You have the right to grant, to COMPANY, a worldwide, non- exclusive, royalty-free, irrevocable, sub-licensable and transferable license to use, utilize, sell, modify, improve, change, amend, copy, reformat, translate, prepare derivative works, display, excerpts and distribute such Content for or in connection with the use of the Application or Site. COMPANY does not assert any ownership over the Contents and subject to the rights granted to COMPANY in this Agreement, You retain full ownership of all of Your Contents and proprietary rights associated with the Contents. Upon termination of the Application (i.e. deletion of the COMPANY account) from your mobile device, COMPANY shall delete all Your Contents from its database and servers within a maximum of 30 days, except to the extent required to be retained by applicable law. COMPANY reserves the right to send You periodic communications for the purpose of sharing new updates with You. For the avoidance of doubt, it is clarified that any part of Your Content (viz. Your messages, status updates, Profile picture updates) stored by Your contacts / Friends (Previously known as Circle of Friends) for example locally on their device may remain after You delete your account till it is deleted by such contacts. Similarly any part of Your Content, which is publicly available to other users of COMPANY who have you in their list of contacts (i.e. the content included in the image uploaded by You and the associated time stamp) stored by Your contacts may remain after You delete Your account till it is deleted by such contacts. The submission of your 'last seen' time is done on an automatic basis.
20. Modifications to the Application :
COMPANY reserves the right at any time and from time to time to interrupt, restrict (without cause and without notice to You), modify or discontinue, temporarily or permanently, the Site, Application (or any part thereof) with or without any notice. You agree that COMPANY shall not be liable to you or to any third party for any modification, suspension or discontinuance, withdrawal, blocking etc. of the Application or the Site.
You acknowledge and agree that the Application, the Site and all trademarks, service marks and trade names and other intellectual property rights associated therewith are, and shall remain, the property of COMPANY and its licensors, as applicable. All content related to COMPANY corporate and business activities included on the Site and embedded in the Application, including any text, graphics, logos, button icons, images, audio clips and software, proprietary rights, copy right, trademarks, logos, emblems etc. are the exclusive property of COMPANY or its licensors and is protected by applicable legislation concerning protection and preservation of intellectual property rights and applicable international treaties governing intellectual property. The compilation (meaning the collection, arrangement and assembly) of all content on the Site and Application is also the exclusive property of the COMPANY and is protected by applicable laws as stated above. All software used on the Site and the Application is the property of COMPANY or its software suppliers and protected by Indian and international copyright laws. Any use except as specifically permitted, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Site and the Application is strictly prohibited except as otherwise permitted by law. All COMPANY graphics, logos and service names are trademarks of the COMPANY or its affiliates. COMPANY’s trademarks may not be used in connection with any product or service that is not COMPANY's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits COMPANY. COMPANY’s trademarks may not be used in connection with any product or service except as authorized by COMPANY in writing.
22. Amendments to this Agreement:
We may in our sole discretion amend, change, modify, improve delete (partly and/or fully) this Agreement from time to time without any prior notice. This may include adding new or different terms to, or removing terms from, this Agreement. Such change shall be notified on our website/portal/apps from time to time. Your use of the Application after such notice of any change shall be deemed to be an expressed, confirmed and informed acceptance to the amended Agreement.
23. Dispute resolution & Arbitration.
This Agreement shall be governed by the laws of India. Any disputes, demand, claims, interpretation, etc. at any point of time shall be resolved through binding arbitration (even if this agreement / terms and conditions are terminated) only using sole arbitrator who shall be appointed by the director of COMPANY only, as per the terms of the Indian Arbitration and Conciliation Act of 1996 (amended up to date). 26. The prevailing party in any legal proceeding shall recover all expenses incurred, including reasonable attorney’s fees in connection with such proceedings. The venue for such arbitration proceeding shall be at New Delhi only. The courts in New Delhi shall have the exclusive jurisdiction in all incidental matters arising out of this Agreement and arbitration. During the arbitration the cost, fee and expenses thereof shall be borne equally by both the parties.
1. MEMBERSHIP & ACCESS.
We cannot guarantee you access to the Site and Services, and we may deny anybody access at any time to our Services. We reserve the right to terminate your account, even just temporarily, for any reason and at any time. If you browse our Site or Services without becoming a Member, you may not have access to all areas of the Site or Services. If you are not a Member, you may not attempt to access Member areas of the Site or Services. You are still subject to this Agreement.
(a) Registration. When you register to become a Member of Company you will have access to the entire Site and all of our Services. When you register to become a Member, you agree to only provide us with true, accurate, current and complete information. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof). We do not allow you to use Company Site if you are under 18 years of age (you should be doing other things, anyway). By accessing our Site and becoming a Member, you certify that you are over the age of 18.
(b) Real name policy. We require you to use your real name when you sign up for Company Site and that is why you are allowed to sign up for yourself only. You may not use somebody else’s name or trademark or other intellectual property when signing up for Company. You may only sign up for one account unless you have our written permission to do otherwise. You may not transfer your account to anybody else.
2. CONTENT & RIGHTS.
We are not responsible for any Content provided by Members, Ambassadors or any user, and we make no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility or liability for, the quality, content, nature or reliability of any Content or any opinion, recommendation, or advice expressed therein.
(a) Rights to Submitted Content. You may submit content to the Site or Service. You guarantee that any of the content, whether written, photographic, drawings, or in any other shape of form (“Content”), is yours exclusively, or that you have all requisite rights to share the Content with Company Site, and to give us all rights we require hereunder. You will remain the owner of all content. When you submit any Content to the Site or Service, you are giving Company Site an irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, make searchable, prepare derivative works of, modify, publish and otherwise make use of the submitted Content in any and all media, whether now known or hereinafter created, throughout the world and for any purpose, in connection with the operation and/or promotion of the Site and Service. The rights you grant us include but are not limited to the right to feature, edit, use in whole or in part, republish, resize, crop, censor, compress, caption, affix logos to, and to otherwise alter or make use of the submitted Content. Before you submit or publish any Content, please consider that it is linked to your name and that we are not liable for any disclosure or use of this Content. By submitting any Content to the Site or Service, you hereby represent and warrant that the submitted Content does not and will not infringe on any copyright or other right of any third party, and that you have the right to grant us any and all rights and licenses granted hereunder, including but not limited to all necessary rights under copyright, free and clear of any claims or encumbrances. You hereby agree to hold Company Site harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on the Site or Service, or any other use authorized under this Agreement, of any Content submitted to the Site or Service by you.
(b) Right to Remove, No Right to Publication You further acknowledge, affirm and confirm and agree that we will have no obligation to post, display or otherwise make publicly available any Content submitted by you. We may, in our sole and unfettered discretion, wisdom and requirements remove, edit, modify or delete any Content that you submit to the Site or Service.
(c) Negative Use of your Content, limited privacy You understand and intend that any Content submitted by you to the Site or Services may be available for viewing and comment by the public, and understand that comments with which you disagree or are unhappy about may be published or otherwise become associated with any Content you submit to the Site or Services. By submitting any Content to the Site or Service, you hereby expressly forgo and waive any privacy expectations that you may have with respect to any such Content submitted by you to the Site / portal / apps or Service.
(d) Your Content – Representations &Warranties. You represent and warrant that you will not submit any Content in a manner that:
- infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
- link directly or indirectly to any materials to which you do not have a right to link to or include;
- violates the privacy, publicity, or other rights of third parties or any other law, statute, ordinance or regulation;
- is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as we may determine in our sole discretion;
- discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
- contains any viruses, Trojan horses, spyware, malware, or other harmful component intended to damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- advocates or encourages any illegal activity; or
- may create liability for Company Site or affects, in whole or in part, our Internet service providers or other suppliers and our relationship with them.
- Pertains to any unlawful, illegal, invalid, unjustified contents.
3. USER CONDUCT.
You agree that, when using or accessing the Site or Services or any of the features thereof, you will not
- access or use the Site or Services other than for your personal use;
- violate any applicable law, rules, policies and/or regulation;
- interfere with or damage the Site or Services;
- transmit or introduce to the Site, Services, or to other users thereof any viruses, cancel bots, Trojan horses, flood pings, denial of service attacks, or any other harmful code or processes;
- systematically retrieve data or other content from the Site or Services by any means, and you will not compile a database or directory of information extracted from the Site or Services;
- infringe the rights of any third party, including but not limited to any intellectual property rights, privacy rights, publicity rights or contractual rights;
- transmit or post harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful or otherwise objectionable content or material, as we may determine in our sole discretion;
- transmit or post any unsolicited advertising, requests for donations, promotional materials, or spam;
- talk or harass any user or visitor to the Site or Services; or
- use the content or information available on the Site or Services for any improper purpose.
4. TECHNOLOGY OWNERSHIP.
The software, code, proprietary methods and systems we use to provide the Site or Services (“Our Technology”) are:
- copyrighted by us and/or our licensors under applicable laws;
- subject to other intellectual property and proprietary rights and laws; and
- owned by us or our licensors.
Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of our Technology. Nothing in this Agreement grants you any right to receive delivery of a copy of our Technology or to obtain access to our Technology except as generally and ordinarily permitted through the Site according to this Agreement of Use. Furthermore, nothing in this Agreement will be deemed to grant, by implication, estoppel or otherwise, a license to our Technology. Certain of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, trade names, service marks or logos (“Marks”) of Company or other entities. You are not authorized to use any such Marks unless you have our written permission. Ownership of all such Marks and the goodwill associated therewith remains with us or their respective owners. Any use of third party software provided in connection with the Site or Services will be governed by such third parties’ licenses and not by our Terms.
5. GENERAL RULES OF USER CONDUCT.
We aim to make your interaction with other Members and your access to our Site and Services a good experience that will foster a community. Before posting information of personal or any other nature, please remember that the public areas of the Site and Services are viewable by friends and strangers alike. Do not share phone numbers, home addresses, e-mail addresses or any of your personal information or that of others’. Every once in a while, you may find trolls on our Site or Services. Do not engage with them; report them. If you are harassed in any way, please report it to us immediately. We are not responsible for your actions and do not police user activity other than as required by law or in cooperation with law enforcement authorities or in order to enforce the terms of this Agreement upon breach by you. If you get questions that make you feel uncomfortable, ignore them or report them. We do not allow commercial activity on our Site or Services unless written permission is given by us. If you are interested in using our Site commercially, please contact us at our website / apps. You may not:
- attempt to gain access to secured portions of the Site or Services to which you do not possess access rights,
- use the Site or Services to generate unsolicited email advertisements or spam,
- use the Site or Services to stalk, harass or harm another individual,
- take any action that may undermine the feedback or ratings systems,
- use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts),
- use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission, or
- mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
6. SOCIAL NETWORKS.
By using our Site and Services, you allow us to act on your behalf to access and interact with social networking sites and other third party sites (a “Social Network(s)”) to retrieve information from, and/or submit information to, such Social Networks at your request. We do not collect your username and password. We will, however, store the unique authorization code (or a “token”) provided to us by the Social Networks to access it on your behalf. You can revoke our access to a Social Network at any time by changing the appropriate settings in your account settings on that site. A Social Network may change or amend its guidelines and our access to it at any time. Therefore, we cannot guarantee that our Site and Services will always include a connection to the Social Networks.
7. MODIFICATIONS TO THE SITE OR SERVICES.
We reserve the right to modify or discontinue the Site or Services with or without notice to you. We will not be liable to you or any third party if we exercise our right to modify or discontinue the Site and/or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. By your continued access to the Site or Services following a change you indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Site and Services at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE / RESPONSIBLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.
8. RULES FOR THE SWEEPSTAKES
You may enter to win Sweepstakes operated by Company Site by sharing your opinions. Any Sweepstakes opportunity made available through the Services are governed by specific rules that are separate from this Agreement. By participating in any such Sweepstakes, You will become subject to those rules, which may vary from this Agreement set forth herein. We urge you to review any applicable rules, which appear in connection with the particular Sweepstakes in the Official Rules, which is incorporated by reference herein.
9. THIRD PARTY CONTENT AND OTHER WEBSITES.
10. LIMITATION OF LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND SERVICES IF YOU AGREE TO THE LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES SET OUT IN THIS AGREEMENT. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF THE RELEVANT PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND ANY THIRD PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN AGGREGATE, TO ONE HUNDRED RUPEES (INRRS 100.00) ONLY & NOTHING ELSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND OTHER MEMBERS, NOR, IN ANY EVENT, WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY MEMBER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL WE OR OUR LICENSORS/AGENTS/ EMPLOYEES/ HEIRS/ASSIGNEES AFFILIATES / ANY INDIVIDUAL ENTITY CONCERN ESTABLISHMENT, CONNECTED AND RELATED TO US DIRECTLY AND/OR INDIRECTLY OR IN ANY MANNER WHATOSEVER BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.
11. ELECTRONIC COMMUNICATIONS.
We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. For contractual purposes and any purposes set out in this Agreement, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in a different form. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of this Agreement by accessing the Site or Services. You may withdraw your consent to receive Communications electronically by contacting us by email at our website / apps or making adjustments in your settings on the Site. If you withdraw your consent, from that time forward, you must stop using the Site and Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address and any other relevant information and details so that you continue to receive all Communications without interruption.
12. GENERAL TERMS.
You are responsible for compliance with all applicable laws. The Terms and the relationship between you and Company Site shall be governed by the laws of the New Delhi - India, without giving effect to any conflict of laws principles that would require the application of the laws of a different country or state.
13. Miscellaneous, Waiver, Complete Agreement.
The paragraph headings in this Agreement, shown in bold type, are included only to help make the Terms easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of this Agreement does and will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any waiver of any breach or default constitute a waiver of any subsequent breach or default.
This Agreement constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements. However this is supplementary to our other terms and conditions, policies, notices, etc. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Terms will be enforced to the maximum extent permissible, and the remainder of this Agreement will continue in full force and effect.
Any other limitations on liability explicitly set forth herein and our proprietary rights in and to the Site, Content provided by us, will survive the expiration or termination of this Agreement for any reason.
TERMS AND CONDITIONS
1. Your Acceptance
These Terms of Service apply to all users of the Company Service. Information provided by our users through the Company Service may contain links to third party websites that are not owned or controlled by Company. Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Company will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Company shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
3. Company Access
A. Subject to your compliance with these Terms of Service, Company hereby grants you permission to use the Service, provided that:
(i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service;
(ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Company's prior written authorization;
(iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and
B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide Company with your mobile phone number. You expressly acknowledge and agree that in order to provide the Service, Company may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Service. When providing your mobile phone number, you must provide accurate and complete information.
You hereby give your express consent to Company to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service. We do not collect names, addresses or email addresses, just mobile phone numbers. You are solely responsible for the status messages that you submit and that are displayed for your mobile phone number on the Company Service. You must notify Company immediately of any breach of security or unauthorized use of your mobile phone. Although Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Company or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, XcodeAutomator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the Company servers in a given period of time than a human can reasonably produce in the same period by using a Company application, and you are forbidden from ripping the content unless specifically allowed.
Notwithstanding the foregoing, Company grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Company reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by Company clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site.
D. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.
Intellectual Property Rights. The design of COMPANY service along with texts, scripts, graphics, interactive features, etc. except Status Submissions (as defined below), along with trademarks, service marks and logos contained are owned by and licensed to COMPANY subject to copyright and other Intellectual Property Rights under applicable laws of the land and international conventions. The service is provided to the user for it’s personal use only. COMPANY reserves all rights to the said service. User has to agree not to use, copy or distribute any service other than what is rightfully and legally permitted including any use, copy or distribute Status submissions or third parties obtained through the service for any commercial purposes.
User Status Submissions
A. The Company Service allows Company users to submit status text, profile photos and other communications submitted by you, as well as the automatic submission of your “last seen” status (collectively, the "Status Submissions"). These Status Submissions may be hosted, shared, and/or published as part of the Company Service, and may be visible to other users of the Service who have your mobile phone number in their mobile phone and which you have not expressly blocked. For clarity, direct messages, location data and photos or files that you send directly to other Company users will only be viewable by those Company user(s) or group(s) you directly send such information; but Status Submissions may be globally viewed by Company users that have your mobile phone number on their smartphone, unless the user is blocked by you. Currently, we have no method of providing different levels of visibility of your Status Submissions among users that have your mobile phone number – you acknowledge and agree that any Status Submissions may be globally viewed by users that have your mobile phone number, so don’t submit or post status messages or profile photos that you don’t want to be seen globally.
B. A good rule of thumb is if you don’t want the whole world to know something or see something, don’t submit it as a Status Submission to the Service. The submission of your 'last seen' status is done on an automatic basis. As clarified in the following section, you retain your ownership rights in your Status Submissions. You understand that whether or not such Status Submissions are published, Company does not guarantee any confidentiality with respect to any submissions.
C. You shall be solely responsible for your own Status Submissions and the consequences of posting or publishing them. Because Company is only acting as a repository of data, user submitted statuses do not necessarily represent the views or opinions of Company, and Company makes no guarantees as to the validity, accuracy or legal status of any status. In connection with Status Submissions, you affirm, represent, and/or warrant that:
(i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Company to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Status Submissions to enable inclusion and use of the Status Submissions in the manner contemplated by the Service and these Terms of Service; and
(ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Status Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Status Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your Status Submissions, but you have to have the rights in the first place. However, by submitting the Status Submissions to Company, you hereby grant Company a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Status Submissions in connection with the Company Service and Company's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Company Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your status on the Company Service a non-exclusive license to access your Status Submissions through the Service. The foregoing license granted by you terminates once you remove or delete a Status Submission from the Company Service.
D. In connection with Status Submissions, you further 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 material and to grant Company all of the license rights granted herein;
(ii) publish falsehoods or misrepresentations that could damage Company or any third party;
(iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, 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;
(iv) post advertisements or solicitations of business;
(v) impersonate another person;
(vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
(vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or
(viii) attempt to gain unauthorized access to the Service or its related systems or networks.
E. Adult content must be identified as such. Company does not endorse any Status Submission or any opinion, recommendation, or advice expressed therein, and Company expressly disclaims any and all liability in connection with Status Submissions. Company does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and Company will remove all content and Status Submissions if properly notified that such content or Status Submission infringes on another's intellectual property rights. To file a copyright infringement notification, please send a written communication that includes the applicable law
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the mobile phone number of the Company user allegedly infringing the copyrighted work;
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed through our web site / apps. Company reserves the right to remove content and Status Submissions without prior notice. Company may also terminate a user's access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying.
A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a Status Submission removed from the Service more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized Company employees, agents, subagents, super agents or superheroes. Company also reserves the right to decide whether content or a Status Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. Company may remove such Status Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
F. You understand that when using the Company Service you will be exposed to Status Submissions from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Status Submissions, and that such Status Submissions are not the responsibility of Company. You further understand and acknowledge that you may be exposed to Status 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 have or may have against Company with respect thereto, and agree to indemnify and hold Company, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Company Service.
G. Company permits you to link to materials on the Service for personal purposes only. Company reserves the right to discontinue any aspect of the Company Service at any time.
5. Warranty Disclaimer.
Use of COMPANY service is at the sole risk of the user. To the fullest extent possible or as permitted by law, COMPANY, it’s employees, officers, directors or agents disclaim all warranties, express or implied with reference to the service and your use of the same. COMPANY is not responsible nor does it warrant any accuracy or completeness of the service. COMPANY also does not assume any liability or responsibility for (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 OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE COMPANY SERVICE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE COMPANY SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND COMPANY 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. AND AGAIN, USE THIS JUST FOR FUN.
6. Limitation of Liability.
YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by COMPANY from its facilities in India. COMPANY makes no representations that the COMPANY Service is appropriate or available for use in other locations. Those who access or use the COMPANY Service from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
7. Users agree to defend, indemnify and hold harmless COMPANY, its parent corporation, officers, directors, employees and agents, from any kind of claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
(i) user’s use of and access to the COMPANY Service;
(ii) user’s violation of any term of these Terms of Service;
(iii) user’s violation of any third party right, including without limitation any copyright, property, or privacy right; or
(iv) any claim that one of your Status Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the COMPANY Service.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 18 years old as the Company Service is not intended for children under 18. If you are under 18 years of age, you are not permitted to use the Company Service. You further represent and warrant that you are not located in a country that is subject to Government embargo, or that has been designated by the Government as a” terrorist-supporting” country, and that you are not listed on any Government list of prohibited or restricted parties.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction at any point of item as per its requirements, policies, rules, discretion and wisdom.
You agree that:
(i) the Company Service shall be deemed solely based in India;
(ii) the Company Service shall be deemed a passive server that does not give rise to personal jurisdiction over Company, either specific or general, in jurisdictions other than India; and
If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Company's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Company reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the Company Service. Your continued use of the Company Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE COMPANY SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
11. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to:
a. provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and
b. maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) without any liability to you. However, please remember that the Service is designed to appeal to a broad audience. Accordingly, if you are a parent or legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined below) are appropriate for your child. Similarly, if you are a child, please consult with your parent or legal guardian as to whether any of the Services and/or Content is appropriate for you. Notwithstanding the foregoing, we may provide you with access to some parts of the Service without you registering as a user. In that case, your identification is based on other means of identification that we deem appropriate. In appropriate cases, identification may be based on data identifying your mobile telephone or communications subscription number provided by your network operator. You agree that such information may be collected and disclosed to us and used in accordance with these terms.
12. MEMBER CONDUCT TERMS
You understand and acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Company, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service.
Company does not control the Content posted via the Service and, as such, cannot and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we or our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, affiliates, officers, agents or employees, as the case may be, be liable in any way for any Content, including, but not limited to, any exposure to offensive, indecent or objectionable Content, 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, emailed or otherwise transmitted via the Service. You agree to not use the Service to:
a. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or contrary to public interest, public order or national harmony in all relevant jurisdictions;
b. harm minors in any way;
c. impersonate, or falsely state or otherwise misrepresent your affiliation with, any person or entity, including, but not limited to, a Company official, forum leader, guide or host;
d. forge headers or otherwise manipulate identifying information in order to disguise and/or with the effect of disguising the origin of any Content transmitted through the Service;
e. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as, but not limited to, shopping rooms) that are designated for such purpose;
h. upload, post, email or otherwise make available or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges or to utilize the service on an AS IS basis as provided by us;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Indian securities, exchange control and other regulatory authorities , any rules of any Indian securities exchange and any regulations having the force of law;
l. "stalk" or otherwise harass another;
m. commit any fraudulent or unlawful act, whether in relation to any third party provider of products and services on the Service or otherwise
n. collect or store personal data about any other users in connection with the prohibited conduct and activities set forth in paragraphs a. through m above.
You acknowledge that Company cannot and does not pre-screen Content, but that Company and its designees shall have the right (but not the obligation) in our sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Company and its designees shall have the right to remove any Content that we believe in good faith violates the TOS or that has been alleged to infringe any intellectual property or that is otherwise objectionable in our sole opinion, without being liable to you in any way for any loss or damage arising from such removal. You agree that you will evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Company or submitted to Company, including without limitation information in Company Message Boards, Company Groups, and in all other parts of the Service. You acknowledge and agree that Company may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
a. comply with legal process;
b. enforce these and all other terms;
c. respond to claims that any Content violates the rights of third-parties;
d. respond to your requests for customer service; or
e. protect the rights, property, or personal safety of Company, its users and the public.
f. If so required by law enforcement agency.
g. You understand that the technical processing and transmission of the Service, including your Content, may involve
h. transmissions over various networks; and
i. changes to conform and adapt to technical requirements of connecting networks or devices.
Where any part of the Service involves or is provided by us in conjunction with a third party, you agree to comply with any notices, instructions or directives given by such third party in relation to such part of the Service, including your access to or use thereof.
13. INTERSTATE NATURE OF COMMUNICATIONS ON OUR NETWORK
When you register with Company, you acknowledge that in using Company services to send electronic communications (including but not limited to email, search queries, sending messages to Company Chat or Company Groups, uploading photos and files to Company Photos or Briefcase, and other Internet activities), you will be causing communications to be sent through Company's computer networks, portions of which may be located abroad.
As a result, and also as a result of Company's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.
Company Messenger, including any web-based versions, will allow you and the people with whom you communicate to save your conversations in your Company accounts located on Company servers. This means you can access and search your message history from any computer with access to the internet.
Whether or not you use this feature, other users may choose to use it to save conversations with you in their account on Company too. Your agreement to this TOS constitutes your consent to allow Company to store these communications on its servers. From time to time Company will send you notices through the Company Messenger Service to let you know about important changes to the Company Messenger or related Services.
Such messages may not be received if you violate this TOS by accessing the Service in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner
14. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Company Services and transfer, posting and uploading of software, technology, and other technical data via the Company Services may be subject to the applicable laws. In particular, you represent and warrant that you:
(a) are not a prohibited party identified on any government export exclusion lists or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations;
(b) will not transfer software, technology, and other technical data via the Company Services to export-prohibited parties or countries;
(c) will not use the Company Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of laws; and
(d) will not transfer, upload, or post via the Company Services any software, technology or other technical data in violation of laws.
Terms of Service
1. Your Company Account
You may need a Company Account in order to use some of our Services. You may create your own Company Account, or your Company Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a Company Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account. To protect your Company Account, keep your password confidential. You are responsible for the activity that happens on or through your Company Account. Try not to reuse your Company Account password on third-party applications. If you learn of any unauthorized use of your password or Company Account please report to the same to us promptly.
2. Privacy and Copyright Protection
Company’s privacy and other policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Company can use and utilize such data in accordance with our terms, conditions and policies. We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and Company’s policy. Moreover you should immediately intimate us about any such happening.
3. Your Content in our System
When you upload, submit, store, send or receive content to or through our Services, you give Company (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones.
This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights, permission and mandate to grant us this license for any content that you submit to our Services.
Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored. If you have a Company Account, we may display your Profile name, Profile photo, and actions you take on Company or on third-party applications connected to your Company Account in our Services, including displaying in ads and other commercial contexts.
4. About Software in our Services
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
Company gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Company as part of the Services but subject to terms, conditions, polices and discretion of Company.
This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Company, in the manner permitted by these terms. You shall not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our express written permission.
5. Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add, alter, modify, amend, delete, rephrase, reframe, improve or remove functionalities, terms, conditions, policies, guidelines, rules, regulations etc. or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time upon discretion. Company may also stop providing Services to you, or add or create new limits to our Services at any time as per its wish and discretion without any reservation. You shall have no objection, claim, demand, complaint etc. to the same. We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
6. Business uses of our Services
If you are using our Services on behalf of a business, company, individual, concern, establishments, third person, entity then that business etc. so mentioned herein clearly an unequivocally accepts, confirms, and affirms these terms. It shall hold harmless and fully indemnify Company and its affiliates, officers, agents, and employees from any claim, suit, claim, demand, complaint etc. or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages (direct as well as indirect, past, present and future), suits, judgments, litigation costs and attorneys’ fees along with interest @ 18 p.a. on any money value.
7. About these Terms
We may modify, update, change, alter, delete etc. these/any terms, conditions, policies or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately and/or with retrospective effect or from a future date so notified in the said amendment. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service otherwise it shall be clearly deemed that you have read and understood the same and the same shall be strictly binding on you. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. These terms control the relationship between Company and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.