TERMS OF SERVICE
PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENTTERMS.
Use of Local Press Co services and registration to be a Member for the Local Press Co Services (“Membership”) is void where prohibited and subject to compliance with Applicable Law, this Agreement and any applicable Additional Terms. By using our Services, you represent and warrant that (a) all registration information such as name, age, email address, password etc. you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older, and if you are not of the age of majority where you reside, you will only use our Services with parental or legal guardian consent (following their review of this Agreement); and (d) your use of our Services does not violate any Applicable Law. You may not create an Account for anyone other than yourself without the other person’s permission. Your Account will be deleted and your Membership may be terminated without warning, if we believe that you have misrepresented your age or identity to us in a manner that violates this Agreement or is unlawful.
2. USE OF THE SERVICES:
2.1 The Website, App, the Services and the information and content available in the App and the Services (collectively, the “Company Properties”) are protected by copyright laws throughout the world. Unless otherwise specified by the Company in a separate license, your right to use any Company Properties is subject to the Terms.
2.2 License: Subject to your compliance with the Terms, the Company grants you a limited non-exclusive, non-transferable, non- sublicensable, revocable license to download, install and use a copy of the App on a single mobile device or computer that you own or control and to run such copy of the App solely for your own personal or internal business purposes. Furthermore, the app is available only on Android and iOS (each, an “App Store” and references to an App Store include the corporate entity and its subsidiaries making such App Store available to you), you agree to comply with all applicable third party terms of the relevant App Store (e.g. Apple App Store’s “Usage Rules”) (the “Usage Rules”).
2.3 Updates: You understand that the Company Properties are evolving. As a result, the Company may require you to accept updates to the Company Properties that you have installed on your computer or mobile device. You acknowledge and agree that the Company may update the Company Properties with or without notifying you. You may need to update third-party software (e.g. your device’s operating system) from time to time in order to use the Company Properties.
2.4 Certain Restrictions: The rights granted to you in the Terms are subject to the following restrictions:
(a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Company Properties or any portion of the Company Properties,
(b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Company Properties (including images, text, page layout or form) of the Company;
(c) you shall not use any metatags or other “hidden text” using Company’s name or trademarks;
(d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Company Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law;
(e) access the Company Properties in order to build a similar or competitive website, application or service;
(f) except as expressly stated herein, no part of the Company Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and
(g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Company Properties. Any future release, update or other addition to the Company Properties shall be subject to the Terms. The Company, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Company Properties terminates the licenses granted by the Company pursuant to the Terms.
2.5 (i) Unauthorized Use: You agree that you will not, under any circumstances:
(a) interfere with or damage Company Properties, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
(b) modify or cause to be modified any files that are a part of the Company Properties;
(c) disrupt, overburden, or aid or assist in the disruption or overburdening of: (i) any computer or server used to offer or support the Company Properties; or
(ii) the enjoyment of the Company Properties by any other person;
(d) attempt to gain unauthorized access to the Company Properties, accounts registered to others, or to the computers, servers or networks connected to the Company Properties by any means other than the User interface provided by Company, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the Company Properties;
(e) access, tamper with or use non-public areas of the Company Properties, the Company’s computer systems, or the technical delivery systems of the Company’s providers;
(f) attempt to probe, scan, or test the vulnerability of any Company system or network, or breach any security or authentication measures;
(g) disrupt or interfere with the security of, or otherwise cause harm to, the Company Properties, systems, resources, accounts, passwords, servers or networks connected to or accessible through the Company Properties or any affiliated or linked sites; or
(h) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by the Company or any of the Company’s providers or any other third party to protect the Company Properties.
(ii) We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms.
3.1 In order to access certain features of the Company Properties you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a user of the Services (“User”) who has registered an account on the Website or App (“Account”), or has a valid account on the social networking service (“SNS”) such as Facebook, Google, Twitter or any other email address through which the User has connected to the App (each such account, a “Third-Party Account”).
3.2 If you access the Services through a SNS, you may link your Account with Third-Party Accounts, by allowing the Company to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to the Company and/or grant the Company access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating the Company to pay any fees or making the Company subject to any usage limitations imposed by such third-party service providers. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the App. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND COMPANY DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.
3.3 In registering for use of the Services you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the website or App’s registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (a) at least thirteen (18) years old; (b) of legal age to form a binding contract; and (c) not a person barred from using the Company Properties under the laws of India, your place of residence or any other applicable jurisdiction.
3.4 You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Company Properties by minors. You may not share your Account or password with anyone, and you agree to (a) notify the Company immediately of any unauthorized use of your password or any other breach of security; and (b) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Company Properties (or any portion thereof).
3.5 You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or SNS at any given time. You agree not to create an Account or use the Company Properties if you have been previously removed by the Company, or if you have been previously banned from any of the Company Properties.
3.6 You must provide all equipment and software necessary to connect to the Company Properties, including but not limited to, a mobile device that is suitable to connect with and use the Company Properties, in the event you are using the App on a mobile device. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Company Properties.
4.1 The app allows registered users to report news items (“Content”). In order to add news on the app, users need to add a headline, an image, select a category & the location.
4.2 Registered users can ‘vouch’ for news that they know is accurate and ‘dismiss’ news that they know is inaccurate. Other than these actions, the registered users can also thank, comment, subscribe, share or flag news reports. When a user reports something or subscribes to a report, the app informs them of updates via push notifications.
4.3 Registered users are also assigned a ‘trust score’ based on certain reporting parameters and past history. This score is calculated at the backend via our algorithm and is changed from time to time to ensure higher relevancy and accuracy. Local Press Co can make changes to this algorithm at any time without informing registered users as it does not have any impact on the service functionality.
4.4 The Visitors (i.e. not the users) can only view the news posted on the app and not report or take any actions. The app or the website uses the smartphone’s location services and Google’s API for serving relevant content.
4.5 Please choose carefully the information/new that you post on, through or in connection with our Services and that you provide to other Users. Your Profile may not include any form of Prohibited Content, as mentioned in this Agreement. If you (user) become aware of misuse of our Services by any person or Linked Service, please report the Content directly to our support team at “firstname.lastname@example.org”.
4.6 We may reject, refuse to post or delete any Content that, in our sole judgment, violates this Agreement, is inappropriate for our Services or which may be offensive, illegal or violates the rights of any person or entity, or harms or threatens the safety of any person or entity. However, we are not obligated to take any action not required by law. We, may, but assume no responsibility or obligation for reviewing or monitoring our Services for inappropriate Content or conduct. If at any time we choose, at our sole discretion, to review or monitor the Services, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
4.7 You are solely responsible for the Content that you post on, through or in connection with any of our Services and/or Linked Services, and any material or information that you transmit to other Members and for your interactions with other Users. Any breach by you of this Section will be subject to the indemnification obligations. We reserve the right to request at any time proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the Content in question being removed from our Services.
4.8 We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications recorded or sent via our website or otherwise accessible via our app or website or endorse any opinions expressed via our app or website. You understand that by using our app or website, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, Content that may be deceptive. Under no circumstances will we 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 transmitted or otherwise made available via our app or website or broadcast elsewhere.
4.9 We can allow certain entities to copy or reproduce content from our app and post it on their website or social networking accounts such as Facebook account, Twitter account etc. for which such entities shall have to take our prior approval in writing. Posting, copying or reproducing content from the app without prior permission is strictly forbidden.
5. PROHIBITED CONTENT:
5.1 You will not use the app or website to:
a) Record, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
b) Harm minors in any way;
c) Impersonate any person or entity, including, but not limited to, any of our employees, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any of our messages or Content transmitted through our website;
e) Record, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary or confidential information learned or disclosed as part of an employment relationship or under a nondisclosure agreement);
f) Record, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party;
g) Record, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
h) Interfere with or disrupt the website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the website;
i) Intentionally or unintentionally violate any applicable local, state, national, or international law and any regulations having the force of law;
j) “Stalk” or otherwise harass another; and/or
k) Collect or store personal data about any other user.
5.2 You shall not post/share etc., on our App or website, any content that:
a) is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
b) harasses or advocates harassment of another person;
c) exploits people in a sexual or violent manner;
d) contains nudity, excessive violence, or offensive subject matter or links to an adult website;
e) solicits or is designed to solicit personal information from anyone under age 18;
f) solicits or is designed to solicit an inappropriate or unlawful relationship with another User;
g) publicly posts information that poses or creates a privacy or security risk to any person (including, for example, by publicly posting any person’s contact information on the our Services without authorization);
h) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
i) constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music, video or links to pirated music or video files;
j) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming”;
k) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
l) furthers, promotes or depicts any illegal or criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
m) depicts firearms or other weapons that is not related to sportsman activities;
n) solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
o) includes a photograph or video of another person that you have posted without that person’s consent;
p) uses sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile; or
q) violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
5.3 You acknowledge that while we do not, in the ordinary course, access, review, or pre-screen Content, we have the right (but not the obligation), in our sole discretion, to access, review, pre-screen, refuse, or remove any Content that is available via our app or website. Without limiting the foregoing, we have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. We also reserve the right to access, preserve, and disclose any Content or information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce these Terms, including, but not limited to, investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to user support requests, or (e) protect the rights, property, or safety of our app, website, its users, and the public.
6. YOUR RIGHTS AND LICENSE TO CONTENT:
6.1 You retain your rights to any Content you post or upload on our app or website. By posting or uploading Content using our app or website, you grant us a limited, perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, create derivative works of, transmit, host, display, and distribute such Content in any and all media or distribution methods (now known or later developed) as necessary to provide the app or website and in accordance with these Terms.
6.2 You further agree that this license includes the right for us to modify or adapt your Content in order to transmit, display, or distribute it over mobile networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services, or media.
6.3 You are solely responsible for your use of the app or website, for any content you provide, and for any consequences thereof, including, but not limited to, the use of your content by us. Without limiting the foregoing, you represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any Content that you submit.
6.4 You will indemnify and hold us harmless from and against any and all claims, suits, disputes, actions, losses, judgments, and costs (including, but not limited to, attorneys’ fees) arising out of or relating to any one or more of the following: (a) your use of or access to our app or website, (b) your provision of any Content or other information to or through the app or website, (c) any third party claim that any Content you provide infringes, misappropriates, or otherwise violates any Rights, and (d) your violation of any of these Terms.
7. LOCAL PRESS CO RIGHTS:
7.1 All right, title, and interest in and to the app or website (excluding Content provided by users) is and will remain the exclusive property of us and our licensors. The app and website service is protected by copyright, trademark, and other laws of India. Nothing in these Terms gives you a right to use the name of the app or website or app’s or website’s trademark or logo, or any other trademarks, logos, domain names, or other distinctive brand features relating to the app or website or located on the app or website. Any feedback, comments, and suggestions you may provide regarding the app or website or us (“Feedback”) are entirely voluntary and you grant us a perpetual, irrevocable, worldwide, royalty-free license (with the right to sublicense) to use, reproduce, modify, create derivative works of, commercialize, and otherwise freely exploit such Feedback (including, but not limited to, all Rights therein) as we see fit and without any payment or other obligation to you.
7.2 We reserve the right to alter user’s content without any prior permission from the user. This right is not limited to but includes, changes in the content or posts of users in case of grammatical errors which will not change the meaning of the content. In cases when the content or posts of the users are completely unreadable then it shall be our sole discretion to remove such content and posts without notifying the users or without taking any permission from the users. The primary reason of altering the content or post of users is to make the content or posts of the users’ user friendly.
8. APP STORES:
You acknowledge and agree that the availability of the App is dependent on the App Store from which you received the App license. You acknowledge that the Terms are between you and the Company and not with the App Store. The Company, not the App Store, is solely responsible for the Company Properties, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Company Properties, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Company Properties, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
9. INTELLECTUAL PROPERTY RIGHTS:
9.1 Local Press Co Services contain Content owned by Local Press Co (“Local Press Co Content”). Our Content is protected by copyright, trademark, patent, trade secret and other laws, and Local Press Co owns and retains all rights in the Local Press Co Content and the Local Press Co Services. From time to time, we may make available to Users certain explicitly designated Content for Users use (“Local Press Co Licensed Elements”), but only for such purposes as may be explicitly stated at the time that the Local Press Co Licensed Elements are made available on the Local Press Co Services; but we and our licensors and certain other third parties, as the case may be, retain ownership of such Local Press Co Licensed Elements. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Local Press Co Content, and (ii) may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of our Content and/or our Licensed Elements, subject to certain Additional Terms. You are only granted a limited license, and, as between you and us, there is not a sale with respect to our Content.
9.2 We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. If you have a reason to believe that Your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
(i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(ii) identification of the copyrighted work claimed to have been infringed;
(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 us to locate the material;
(iv) your contact information, including your address, telephone number and an email address;
(v) a statement by you that you have 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 that You are authorized to act on behalf of the copyright owner.
9.3 We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
9.4 Our designated copyright agent for notice of alleged copyright infringement appearing on the Services can be reached via email on “email@example.com”.
10.1 The Terms will continue to apply until terminated by either you or us as set forth below.
a. You may end your legal agreement with us at any time for any reason by deactivating your accounts and discontinuing your use of app or website. If you stop using our app or website without deactivating your accounts, we may deactivate your accounts due to prolonged inactivity.
b. We may suspend or terminate your accounts, reclaim your username, or cease providing you with all or part of app or website service at any time for any reason without any liability to you, including, but not limited to, if we reasonably believe: (i) you have violated these Terms; (ii) you create risk or possible legal exposure for us; or (iii) our provision of the app or website to you is no longer commercially viable. We will make reasonable efforts to notify you of any suspension or termination of your account by the e-mail address associated with your account or the next time you attempt to access your account.
10.2 Nothing in this Section will limit or affect our rights to change, limit, or stop the provision of the app or website service without prior notice.
11. LINKS TO THIRD PARTY SITES:
11.1 The Service may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance of any third party sites. We may provide tools through the Service that enable you to export information, including without limitation Content, to third party services. By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information.
11.2 Linked Services created by third party developers may be available on, through or in connection with our Services. Linked Services include applications, websites, desktop, wireless, mobile and other services available from third parties which can be installed onto your Profile, or elsewhere on our Services, shared with other Users on our Services, otherwise accessed via our Services, or which may link to your Profile from outside of our Services. Linked Services may use your Profile information, friends and/or other Profile Content on the Linked Service and share activity events between us and the Linked Service (depending on the features the Linked Service chooses to make available). We may offer you certain ability to control what is initially shared with Linked Services through your Profile Settings, or permission options otherwise made available to you (e.g., when downloading, accessing or activating Linked Services), and we will use good faith efforts to honor those choices.
11.4 We are not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Linked Services and make no warranties, express or implied, as to the Linked Services or the providers of such Linked Services (including, but not limited to, the privacy practices thereof). We encourage you not to provide any personally identifiable information to any Linked Service unless you know and are comfortable with the third party with whom you are interacting.
11.5 Finally, we will under no circumstances be liable for any direct, indirect, incidental or special loss or other damages, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within Linked Services. Any activities you engage in with any of the same, including but not limited to the provision of Content or data to them, are subject to the privacy and other policies, terms and conditions of use, and rules issued by the operator of the Linked Service so we encourage you to review them carefully.
12. LIMITATION OF LIABILITY:
12.1 WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES. WE SHALL ALSO NOT BE LIABLE FOR ANY DAMANGES OR LOSSES RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP OR WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY USING THE APP OR WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (D) ANY CONTENT OBTAINED FROM THE APP OR WEBSITE; OR (E) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
12.2 IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID TO US, IF ANY, IN THE PAST SIX MONTHS FOR APP OR WEBSITE GIVING RISE TO THE CLAIM. FOR THE AVOIDANCE OF DOUBT, THE FOREGOING LIMITS THE LIABILITY OF ALL APP AND WEBSITE ENTITIES IN THE AGGREGATE TO THE AMOUNT STATED.
12.3 THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT ANY OF THE APP OR WEBSITE ENTITIES HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
12.4 IF ANY OF THE ABOVE LIMITATIONS DOES NOT APPLY TO YOU BECAUSE YOU ARE ACCESSING APP OR WEBSITE FROM A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THESE LIMITATIONS WILL APPLY TO YOU TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW.
13.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR ACCESS TO AND USE OF THE APP AND WEBSITE OR ANY CONTENT IS AT YOUR OWN RISK. THE APP AND WEBSITE AND ALL RELATED SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, PARENT ENTITIES, PARTNERS, AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS (ALL OF THE FOREGOING, COLLECTIVELY, THE “APP AND WEBSITE ENTITIES”) HEREBY EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
b. THE APP AND WEBSITE ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE APP OR WEBSITE, OR ANY CONTENT; (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE APP OR WEBSITE, OR ANY CONTENT; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, OR ANY UNAUTHORIZED ACCESS TO, ANY CONTENT OR OTHER COMMUNICATIONS MAINTAINED BY THE APP, WEBSITE, OR US; AND/OR (IV) WHETHER THE APP AND WEBSITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ANY OF THE WEBSITE ENTITIES OR THROUGH THE APP AND WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
d. THE APP AND WEBSITE ENTITIES ARE NOT RESPONSIBLE OR LIABLE FOR (I) THE AVAILABILITY OR ACCURACY OF WEBSITES OR RESOURCES ACCESSED VIA ANY LINK FROM OUR APP OR WEBSITE, OR (II) THE CONTENT, PRODUCTS, OR SERVICES ON OR AVAILABLE FROM SUCH WEBSITES OR RESOURCES. LINKS TO SUCH WEBSITES OR RESOURCES DO NOT IMPLY ANY ENDORSEMENT BY THE APP OR WEBSITE ENTITIES OF SUCH WEBSITES OR RESOURCES OR THE CONTENT, PRODUCTS, OR SERVICES AVAILABLE FROM SUCH WEBSITES OR RESOURCES. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE OF ANY SUCH WEBSITES OR RESOURCES.
14.1 You agree to indemnify and hold us and our officers, directors, employees, consultants, affiliates, subsidiaries and agents harmless from and against any and all claims, costs, damages, liabilities, and expenses (including without limitation attorneys’ fees) we incur in relation to or arising from (i) your access to or use of the Service, (ii) your violation of the Terms or any applicable law or regulation, (iii) your violation of any rights of any third party, including without limitation intellectual property rights or rights of publicity, confidentiality, property or privacy; or (iv) any disputes or issues between you and any third party.
14.2 We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
14.3 You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Company Properties.
15. CHANGES TO THE TERMS:
We reserve the right, at our discretion, to change the Terms on a going-forward basis at any time. Please check the Terms periodically for changes. In the event that a change to the Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an Account, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Service. All other changes are effective upon publication of the changed Terms. Disputes arising under the Terms will be resolved in accordance with the Terms in effect at the time the dispute arose.
16. GOVERNING LAW AND JURISDICTION:
These Terms and any action related thereto will be governed by the laws of the State of Maharashtra, India without regard to or application of its conflict of law provisions or your state or country of residence. You agree to submit to the exclusive jurisdiction of the courts in the city of Mumbai (Maharashtra, India) and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
17. DISPUTE RESOLUTION AND ARBITRATION:
In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law, merger, or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion. We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
19. WAIVER AND SEVERABILITY:
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary to comply with applicable law, and the remaining provisions of these Terms will remain in full force and effect.
You hereby release the Company Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Company Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Company Properties.
21. FORCE MAJEURE:
The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
23. CONSENT TO ELECTRONIC COMMUNICATIONS:
The communications between you and the Company use electronic means, whether you visit the Company Properties or send the Company e-mails, or whether the Company posts notices on the Company Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from the Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
24. ENTIRE AGREEMENT:
25. COMPLAINTS AND QUERIES:
If you are not happy with any aspect of our service, or if you have any queries or comments, please email us at “firstname.lastname@example.org”.
By using the Services, You acknowledge, consent and agree that we may collect, process, and use the information that you provide to us and that such information shall only be used by us or third parties acting under our direction, pursuant to confidentiality agreements, to develop, tune, enhance, and improve the Services.
1. INFORMATION WE COLLECT:
When you register with us, you provide us information about yourself – your name, e-mail address, gender, date of birth etc. If you correspond with us by e-mail, we may retain the content of your e-mail messages, your e-mail address, and our responses. Additionally, we store information about users’ contacts when users manually enter contact e-mail addresses or transfer contact information from other online social networks. We also collect general information about your use of our services.
2. INFORMATION WE COLLECT AUTOMATICALLY WHEN YOU USE OUR SERVICES:
2.1 When you access or use our Services, we automatically collect information about you, including:
a) Usage Information: When you send or receive messages via our Services, we collect information about these messages, including the time, date, sender and recipient. We also collect information about the number of messages sent and received between you and your friends and which friends you exchange messages with most frequently.
b) Log Information: We log information about your use of our websites, including your browser type and language, access times, pages viewed, your IP address and the website you visited before navigating to our websites.
c) Device Information: We may collect information about the device you use to access our Services, including the hardware model, operating system and version, unique device identifier, phone number, International Mobile Equipment Identity (“IMEI”) and mobile network information.
d) Location Information: With your consent, we may collect information about the location of your device to facilitate your use of certain features of our Services, determine the speed at which your device is traveling, add location-based filters (such as local weather), and for any other purposes.
e) Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, and this may include sending cookies to you. Cookies are small data files stored on your hard drive or in device memory that help us to improve our Services and your experience, see which areas and features of our Services are popular and count visits. We may also collect information using web beacons (also known as “tracking pixels”).
3. HOW WE USE YOUR INFORMATION:
3.1 We use the personal information we collect to fulfill your requests for services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients.
3.2 By providing us your e-mail address, you consent to us using the e-mail address to send you our website/services related notices, including any notices required by law, in lieu of communication by postal mail. You also agree that we may send notifications of activity on our website to the e-mail address you give us, in accordance with any applicable privacy settings. We may use your e-mail address to send you other messages, such as newsletters, changes to our features, or other information. If you do not want to receive optional e-mail messages, you may modify your settings to opt out.
3.3 We provide you with settings that allow you to adjust your sharing preferences, including the automatic sharing of your location with others. Please carefully use our Services and review your account settings.
Our settings may also allow you to adjust your communications preferences. If you do not wish to receive promotional email messages from us, you may opt out by following the unsubscribe instructions in those emails. If you opt out, you will still receive non-promotional emails from us about your account and our Services.
3.4 All messages you record or send using our services will be stored on our server and will be downloaded to a temporary cache on the recipient’s device for playback. When a sender of a message marks a message for deletion, that message will no longer be available to recipients via our website server, but it may still be accessible in the temporary caches of recipients who have already received the message. Messages marked for deletion will not be deleted immediately from our server, but will instead be deleted upon the next deletion event, which will be scheduled on a periodic basis.
3.6 We do not, as a matter of course, access or monitor messages recorded or sent using our service. However, we reserve the right (but have no obligation) to access, review, and/or monitor the content you record or send using our website, at our sole discretion, for any reason or no reason at all, and we reserve the right to remove any such content or messages in our sole discretion, including, but not limited to, if we believe such action is necessary (a) to conform to the law, comply with legal process served on us or our affiliates, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce this policy, to take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our site; or (c) to exercise or protect the rights, property, or personal safety of the app, our users, or others.
4. HOW WE SHARE YOUR INFORMATION:
4.3 WE CAN (AND YOU AUTHORIZE US TO) DISCLOSE ANY INFORMATION ABOUT YOU TO LAW ENFORCEMENT, OTHER GOVERNMENT OFFICIALS, ANY LAWSUIT OR ANY OTHER THIRD PARTY THAT WE, IN OUR SOLE DISCRETION, BELIEVE NECESSARY OR APPROPRIATE IN CONNECTION WITH AN INVESTIGATION OF FRAUD, INTELLECTUAL PROPERTY INFRINGEMENT, OR OTHER ACTIVITY THAT IS ILLEGAL OR MAY EXPOSE US, OR YOU, TO LIABILITY.
5. HOW WE PROTECT YOUR INFORMATION:
5.1 We are very concerned about safeguarding the confidentiality of your personally identifiable information. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access.
5.2 By using this Website or the Services or providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of this Website or Services.
5.3 We use commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your Personal Information. We cannot, however, ensure or warrant the security of any information you transmit to us and you do so at your own risk. Using unsecured wi-fi or other unprotected networks to submit messages through the Service is never recommended. Once we receive your transmission of information, we make commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps.
5.4 Notwithstanding anything to the contrary in this Policy, we may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect our rights or property. However, nothing in this Policy is intended to limit any legal defenses or objections that you may have to a third party, including a government’s, request to disclose your information.
6. YOUR CHOICES ABOUT YOUR INFORMATION:
6.1 You have several choices regarding use of information on our Services:
(b) Changing or Deleting Your Personal Information: You may change any of your personal information in your Account by clicking the “My Account” text within the “Menu” page of your App. You may delete your Account from within the App’s Settings itself or request deletion of your personal information by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud prevention or similar purposes.
(c) Data Collection: You can stop all collection of information by the Application by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
6.2 You may, of course, decline to submit personally identifiable information through the app or Website, in which case, we may not be able to provide certain services to you. You can review and correct the information about you that we keep on file by editing your account settings or by contacting us directly at “email@example.com”.
7. CHILDREN’S PRIVACY:
Protecting the privacy of young children is especially important. Thus, we do not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register. If you are under 18, please do not attempt to register for the Service or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 may provide any personal information for accessing the Service. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us through our privacy help page.
8. LINKS TO THIRD PARTY WEBSITES:
Our Site contains links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personally identifiable information from you. Other sites follow different rules regarding the use or disclosure of the personally identifiable information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
9. NOTIFICATION PROCEDURES:
10.2 Continued use of our Site, Application or Service, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
11. CONTACT US: