The following terms and conditions of the End User License agreement ("User Agreement") govern your use of the website, Software provided by the company, content, community and other various services offered through www.youtring.com (hereinafter referred to as "the Site") and constitute your binding obligations towards iCall Globe Limited (hereinafter referred to as “Company”). You irrevocably agree to be bound by the following terms and conditions of the End User License Agreement by accessing the website. If you do not agree to be bound by these terms and conditions kindly do not access the website.
1.1. This User agreement is applicable to all, including Users who are also contributors of video content, information and other materials or services on this Website.
1.2 This User Agreement covers all your use of the website including any use of the Software provided by the Company, Company API, UI, documentation and information contained therein, as well as any future programming fixes, updates and upgrades thereof whether from the installation by you or from any other terminals where the software has already been installed, either by you or any other person. You agree to be bound by these terms of use or any amended terms, by using, installing and continuing to use the Software application provided by the company.
1.2. The Company may, in its sole discretion, amend this User Agreement at any time by posting the amended terms on the Site. Company reserves the right to add additional features or functions and to provide updates or upgrades to the Software. All amended terms shall automatically become effective immediately after they are posted on the site and any subsequent use of the site shall be governed by such amended terms. You are advised to regularly check the site for any amendments or updates to the terms and conditions contained in this User Agreement. Failure on our part to notify you will not relieve you of the obligations under amended terms of use. However, you understand that the company is not obliged to make the software or any subsequent versions of the software available to you.
1.3. The Company may, in its sole discretion, amend this User Agreement at any time by posting the amended terms on the Site. Company reserves the right to add additional features or functions and to provide updates or upgrades to the Software. All amended terms shall automatically become effective immediately after they are posted on the site and any subsequent use of the site shall be governed by such amended terms. You are advised to regularly check the site for any amendments or updates to the terms and conditions contained in this User Agreement. However, you understand that the company is not obliged to make the software or any subsequent versions of the software available to you.
1.4. In addition, when you use any current or future services of the Company provided through this site or any version of the Software, you will also be subject to the guidelines and conditions applicable to such service.
1.5 If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
1.6. You must read, agree with and accept all of the terms and conditions contained in this User Agreement and Company’s Privacy Policy, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may become a member or user of the site or Software. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages referred to in this document, as they may contain further terms and conditions that apply to you as a user.
1.7 You agree to use this site and services/Software provided by the Company only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site/Software by any third party. Such restrictions or inhibitions includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption to the normal flow of dialogue within this site.
2. Use of the site/Software
You agree, undertake and confirm that your use of the Site and Software shall be strictly governed by the following binding principles:
2.1. Any information ("Information") you provide to us in the registration/order form or verification process, in the feedback area or through any e-mail, is your sole responsibility.
2.2. Your Information shared and/or uploaded by you on this site through the use of the Software or by any other means shall not:
a: be false, inaccurate, fraudulent, defamatory, libelous, threatening, harassing or misleading;
b: infringe any third party's intellectual property, trade secret, other proprietary, publicity or privacy rights;
c: contain any viruses, or other similar computer program that may damage, detrimentally interfere with, intercept or expropriate any system, data or personal information;
d: create a liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
2.3. You must comply with all applicable domestic and International Laws, Statutes, Ordinances and Regulations regarding your use of the Software and or our service.
2.4. Company has the right to indefinitely suspend or terminate your membership/usage of Software or any or all service without notice and refuse your access to the Site or Software, if you provide or the Company reasonably suspects that you have provided any information that is untrue or inaccurate, unauthorised, illegal or for any other reason, at the sole discretion of the Company.
2.5. By using the Software and other services provided by this website, you represent and warrant that (a) you have legal capacity to enter into this user agreement (b) you are at least 18 years of age (c) your use of the Software and services available on the website do not violate any applicable law or regulation. Your profile may be deleted and your membership may be terminated without warning, if we believe that you are less than of the applicable age as explained in Membership clause below, or for any other reason, at the sole discretion of the Company.
2.6. You shall use the Software and the services provided by the company only if it is allowed to be used in your country as per the applicable laws and regulations of your Country.
2.7. You shall use the website as permitted and solely for your personal and noncommercial purpose.
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You agree to abide by and follow all applicable laws and regulations of your country when using the Software and the services available on this website. If your local law of the Country does not permit you to use the services of this site or the Software, you should immediately cease to use the Software and/or this site.
You agree not to communicate objectionable materials in any form or carry such materials on the website or through the Software which is illegal as per the applicable law. You agree not to use any product or service available on the Site or the Software to upload, publish, exchange, transfer or submit:
(i) Fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable materials,
(ii) Any material that infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service
(iii) Adult/sex related content or link to such sites
(iv) Explicit, vulgar or obscene language, sexually explicit images or other offensive content
(v) Content relating to racial, ethnic, political, hate-mongering or otherwise objectionable content
(vi) Content that you do not have a right to make available, under any law or under contractual or fiduciary relationships or under Intellectual Property Rights.
(vii) Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, promotes violence, is invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(viii) 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;
(ix) content which violates any provisions of Information Technology Act, 2000, applicable local, state, national or international law
(x) Any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," duplicative messages or any other form of solicitation.
(xi) Fraudulent investment, money-making opportunities or advice not permitted under law
(xii) Gratuitous violence or profanity material that defames, abuses, or threatens physical harm to others or to you
(xiii) Promotion of illegal substances or activities such as illegal online gambling, how to build a bomb, counterfeiting money, etc.
(xiv) You are not permitted to tamper or disrupt or cause the degradation or unauthorised intrusion of the service, company website, Software or information contained therein.
Apart from the above mentioned contents, any content which the Company, at its own discretion feels objectionable, may not be uploaded, published, submitted or transferred.
You agree, consent and acknowledge that the Company may access, preserve and disclose your account information, any content or any other material if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this End User License Agreement or the Terms of use; (c) respond to claims that any information, content or material violates the rights of third parties; (d) respond to the requests for customer service; or (e) protect the rights, property or personal safety of the Company, its users and the public.
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Company provides users with access to Software and other information including various Softphone, SMS, News, Live TV, Video, Music, Games, Astrology, Café, Community services etc. which may be accessed through various medium or device now known or hereafter developed (the "Service"). Company also offers social networking services to its members through which they can get to know each other and establish shared contacts and relationships. Company requires users to create an account/register for using the features/services on the website. When you register as a member, you accept the following terms and conditions: context
i. You agree that you have legal capacity to enter into this user agreement.
ii. You are at least 18 years of age.
iii.You agree that you are not barred from receiving services under any laws or other applicable jurisdiction of your Country or any other Country.
iv. If you are accessing the Software or the services of this website from some other Country, you are advised to check the laws of your Country. Your use of the Software and this site should be subject to the laws of your Country
v. When creating your account, you must provide true, current, accurate and complete information in the required form, as explained in the Use of the Site/Software Clause above.
vi. You agree to maintain and promptly update the information provided at the time of registration.
vii. You accept that your account may be suspended or terminated if, the company has reasonable grounds to suspect that the information provided by the user is untrue, inaccurate, not current or incomplete.
viii. You are fully responsible for all activities that occur under your password or user name.
ix. You are solely responsible for maintaining the confidentiality of your account login and password and for all the activities that occurs on your account. You must immediately notify the Company of any breach of security or unauthorised use of your account. Under any circumstances, the Company cannot and will not be liable for any losses or damages suffered by you from any unauthorised use of your account. You may be liable for the losses suffered by the Company or others due to such unauthorised use.
x. You are responsible for all payments, use of, or activity on a Service under your user ID
xi. You agree that the Company reserves the right to publish any and all information provided as part of registration, except email address and password to authenticate the user, to facilitate social networking among its members.
xii. You are advised to change the password on receipt of user name and password from us.
xiii. You agree to (a) immediately notify the Company of any unauthorised use of your password or account or any other breach of security, (b) ensure that you exit from your account at the end of each session and (c) not to select or use a User Name of another member with the intent to impersonate that member. Company cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.
xiv. You agree to comply with all local rules regarding online conduct and acceptable Content.
The Company reserves the right to terminate your membership and refuse to provide you with access to the Site if it discovers that you do not have the legal capacity to enter this user agreement, have registered with the services offered through this site, maliciously or in error or have registered by providing false information.
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5. Charges
Users acknowledge that the Company reserves the right to charge membership fees and/or subscription fees for the services availed through the use of the website. Users may also be liable to pay for the license or other fees to the Company or any third party for the use of the Software or information contained therein. User agrees to make payment of such incidental fees. User agrees and accepts that the fees are non-refundable under any circumstances.
The Company also reserves the right to change the fees, with or without prior notice, from time to time at its discretion.
6. Services
Company provides various services to its bonafide users and or members through the Software and this website. Company offers Softphone, SMS services, Games, Videos, Music, News, Live TV, Astrology and other Web World services including chat rooms, communities through its Software and its website. Company may, in its sole discretion add or delete any offered service(s) from time to time.
This End User License Agreement (“User Agreement”) grants you certain rights to access and use the software as specifically described herein. Any software and any software related document made available by download from this site are owned by us. Use of the Software is governed by the terms of this End User License Agreement or is included with such Software and is also referred on this website. You must agree to the terms of this End User License Agreement to download or install any software. If you do not agree to such terms as mentioned in this User Agreement, you will not be able to use the Software.
Software Licence and Obligations
Company hereby grants the users a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable, personal, non-commercial and free of charge license to download, install, access and use the Company software on the computer or phone solely for the purpose of using the internet communication or such services as available therein, subject to the terms specifically mentioned herein or as explicitly provided by the Company. You understand that you have the specified system requirements to download, use and install the Software. You agree that the Company may amend, alter or update the system requirement.
You understand and agree that Company may in its sole discretion, may modify, discontinue, suspend or disable your ability to use any version of the Software. You also agree that Company will not be liable / responsible for any direct or indirect damages caused by such modification, suspension or termination of the license or this Agreement.
User agrees not to:
(i) Decompile, reverse engineer, reverse assemble or otherwise attempt to discover the source code of the Software available on the Site.
(ii) Copy, alter, modify, tamper or create derivative works based upon the Software or documentation or information contained therein.
(iv) Use, download or export the Software in violation of any of the laws of the land.
(v) Distribute, sell, rent, lease, license or transfer the Software or any information contained therein
Users are strictly prohibited from distributing the Software.
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6.2. Community,Blog, Forum and Chat Service
Company provides users with access to Software including Community, Blogs, forums, chat, discussion boards etc. that allows users to "chat" or contribute content to blogs (web logs or online journals) which is used to transmit messages, interact and exchange views, videos, photos, etc with other user/member of the website.
Users/members must have the legal capacity to enter this user agreement as specifically stated above in “Membership clause” to avail the Community services or exchange information as detailed above. User understands that by using such services, they may be exposed to objectionable matter and shall not hold company liable/responsible for any damage caused by such use.
User shall not use the Community, Blog, Forum and Chat Services for the purpose of advertising or marketing any business, product or service. User also agree not to upload, post, transmit, exchange and or submit any material which is unauthorized, unlawful, illegal, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or such content which, at the sole discretion of the Company not suitable for uploading, exchange or submit . You may be held legally liable for such content.
Any content that you provide to a Blog and Chat Service enters an open, public forum and is not confidential. Company does not administer or monitor the contents exchanged between the users. You shall rely on and use such content at your sole risk. The authentication of the materials uploaded and or transmitted is the responsibility and liability of the user and Company assumes no liability for any unauthorized information being exchanged, uploaded or transmitted.
You understand that while sharing any of your personal information, in services defined under this clause, such as your name, email address etc. it may be collected and used by other users/members. You should therefore be careful when deciding to share any of your personal information in services defined under this clause.
You understand and agree that you use the Community, Blog, Forum, Chat services and other services at your own risk and indemnify us against any liability, loss or damage resulting from the use of the Service. Though company does not guarantee that it will monitor or administer the contents exchanged in the Blog, Chat, Community, Forum and other services provided under this website, it reserves the right to monitor or moderate, such contents at any time, at its sole discretion.
Users also understand that the Company may at its sole discretion, immediately suspend and or terminate any user/member from using any or all services, in case it believes that the user/member is using the services for illegal purposes or for any other purpose not authorised by us.
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6.3 Videos, Music, Games and SMS services
The Company provides certain services that enable Users to upload, store, view, share and access to photos,,video images, music, games and SMS .
User agrees that each person if any depicted in such photos, video images or music has provided consent to use, distribute, publicly display and reproduce the photo or video images. You understand that the Photos, Video Albums, music, games may be viewed, accessible, searchable and distributable by other web users, unless it is password protected.
You are advised to upload and share only those pictures, videos, music, games, SMS text and other content for which you have the copyright or you have the permission from the owner of the copyrighted material. You understand and agree that copyrighted material of any other person/party/entity, if uploaded without consent is a criminal offence and you will be liable for the legal implications of the same. You undertake to indemnify the website/company for any loss that it may occur due to such an unwarranted act of yours.
The company reserves the right to impose restrictions from time to time on the amount of Photos, Video images, Music, Games, SMS etc. files that you are entitled to store. You agree that the video files/photo, Music, Games, SMS uploaded, submitted, exchanged, transferred shall not include any materials/contents that are restricted under user obligations.
Company acknowledges and represents that the Calling service provided in the website is only a desktop application and the call termination is not done in India.
Company provides PC to PC Phone calling services by using your internet bandwidth provided to you by your Internet Service Provider (ISP), the software provided by the Company and the services of the network. You agree that the provision of PC to PC Phone calling service does not violate any rules, regulations, license terms, laws that your Domestic Country may have imposed on your ISP. It is your responsibility to check with your ISP or relevant authorities or government bodies whether provision of such service is legal. If found illegal, Company does not permit you to download, install the Company Software or use any services.
Company provides the PC to PC Phone calling services in association with VOIP service providers, which is a paid service. Users have to buy credits to avail this service. You agree that the provision of PC to Phone calling service is not illegal in your domestic country where you are using the Company Software or services. It is your responsibility to check with relevant authorities or government bodies whether provision of such services is legal. If found illegal, Company does not permit you to download, install and use the Company Software or use any such services.
In the event of violation of this term, Company reserves the right to immediately terminate your account, forfeit any amount towards use of paid services maintained with us in your User account, block your IP address, take appropriate remedial action, take any legal action and/ or take other similar actions.
The quality of PC to PC Phone and PC to Phone calling services may suffer due to power outage, disruption in public Internet lines, public switched telephone network ("PSTN") and you may experience disruption, drops, quality distortion of calls. You agree that Company would not be responsible and or liable for any loss suffered due to such disruption of services.
Company may upgrade the Software; Service Providers may take out routine technical up gradation or maintenance that may affect the quality of your call.
Company, its partners, Directors or employees, do not monitor or control the content of the calls or services. It is your responsibility to ensure its compliance with local, national and international laws.
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Users understand and acknowledge that few of the services provided by the Company including but not limited to News, Live TV, Games, Astrology, Music etc. are through third party links/sites and not generated by the Company. Users are directed to the third party sites, while availing these services. Thus, users are strongly advised to read and adhere to the policies of the third party sites, before availing the services.
Company assumes no liability/responsibility in any manner for the content provided by those external sites or providers or for the loss suffered by you or to any third person/party due to your use of such services of the third party.
You hereby agree that the Company shall not be held liable and/or identifiable for any loss or damage or consequential loss or consequential damage whether financial, mental or physical or otherwise caused to you or any third party due to the use thereof.
7. Talk time/Credits
Company allows users to buy credits or purchase talk time, as mentioned in the website, with which members can call from PC to Phone, send SMS or for any other services as specifically mentioned in the website. Users are required to check up the rates and current packages prior to any usage, as package per month may vary from time to time. Users understand that the international rates may vary without notice.
Company does not guarantee that the rates available will be lowest in the market.
Per call calculation/billing will be calculated by multiplying the time that the call is connected (rounded up to the nearest whole second) by the relevant per-minute rate (rounded up to the nearest 100th of a cent) and rounding the result to the nearest 100th of a cent.
8. NO EMERGENCY CALLS
USERS ACKNOWLEDGES AND AGREES THAT THE SOFTWARE APPLICATION OF THE COMPANY DOES NOT PROVIDE OR INTEND TO PROVIDE EMERGENCY CALLS INCLUDING BUT NOT LIMITED TO ANY TYPE OF HOSPITALS, LAW ENFORCEMENT AGENCIES, MEDICAL CARE UNIT, FIRE, RESCUE OR AMBULANCE OR ANY TYPE OF EMERGENCY SERVICES OF ANY KIND. YOU UNDERSTAND THAT THE COMPANY IS NOT RESPONSIBLE TO OFFER NEITHER EMERGENCY SERVICES NOR THE SERVICES PROVIDED BY THE COMPANY ARE A REPLACEMENT FOR YOUR PRIMARY TELEPHONE SERVICE.
9. Jurisdictional Restrictions on use of certain services
Use of certain services provided by the Company is a matter of Regulation in many jurisdictions, thus, if you are residing in a jurisdiction which restricts the use of any Software/services offered by the Company, you may not use such Software/services and immediately stop using the same. Users are thus advised to check and ensure that they have appropriate permission regarding the use of any or all Software/services with the local government laws.
User also agrees that the use, download or installation of the Software provided by the Company is not forbidden by law in the jurisdiction in which you are residing.
10. Prohibited and illegal use
You agree not to use the Software/services for any purpose that is prohibited or unlawful under the Indian Laws or the laws of your country or under these Terms of Use. You may not attempt to obtain any materials or information, gain unauthorized access to any Software/Services, through any means including but not limited to hacking and or password mining.
You understand and agree that Pornography is prohibited on this site. Your profile, on this site must not contain any content including nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter.
The Company assumes no responsibility for any information provided by other users including any unauthorized, unlawful or prohibited information.
As a member of this site/software, you are able to earn credits by referring friends to our website via your Youtring account.
The referral (First Level Tringer) needs to purchase a calling credit worth $10 or more and should mention your reference during registration and thus, you earn 5% of the total credit purchased by your first level referral.
In case of a second level Tringer, i.e., someone who has been referred by your referral, who was referred by you in the first place, who registers via your referral and purchases a calling credit of $10 or more, you will earn 2.5 % of the total credit by the second level referral.
You can use this credit to purchase credits/talk time from us, or can ask for the refund of the full credit earned. However, the credit can only be refunded, if your credit earning reaches a minimum balance of $100 or more. In case of credits below $100, you can only use those credits to purchase talk time.
However, the minimum balance may vary from time to time at the sole discretion of the company.
12. Commercial Purpose
The services provided on this website and the Software is for personal use of the users. Any commercial use of such services including Commercial advertisements, affiliate links, collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is strictly prohibited, unless a prior permission is granted by the Company. Any illegal or unauthorized use of the services and the Software may result in the immediate termination of your access or use of the Site and the Company reserves the right to take appropriate legal action.
13. Posted and Transmitted Materials
Users represents that they have rights and title in all the materials (including but not limited to data, text, software, scripts, interactive features, music, sound, photographs, graphics, video, messages or any information, scripts, graphics, photos, sounds, SMS, music, videos, games, interactive features, reviews, comments, feedback, suggestions, ideas) uploaded, posted, submitted, transferred on the website through the Software or otherwise and consequently warrant and represent that the user is the originator/copyright owner/permitted user of such material. User also represent that it has necessary right to grant the licenses and sublicenses described in these Terms of Use of the End User License Agreement. User agrees to indemnify the Company or its trading partners, affiliates etc. in case of infringement of any IPR.
Users understand that all materials, thus transmitted to the Company becomes the property of the Company. By submitting the material on the website through the Software or otherwise, users grants the Company worldwide, royalty-free, irrevocable, sub-licensable and non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such Content or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world.
Company does not have any control over the materials transmitted, exchanged, uploaded on the website through the Software or otherwise by any user and thus, assumes no liability/responsibility for the content, accuracy, conformity to applicable laws of such materials.
Company is and shall be under no obligation (1) to maintain any materials in confidence; (2) to pay you any compensation for any materials; or (3) to respond to any materials.
Company reserves the right to monitor, edit or remove any materials submitted to the Site. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin or content of any materials you submit. You agree to indemnify Company and its affiliates for all claims resulting from any materials you submit.
14. Copyright & Trademark
All copyright and all other intellectual property rights in the material contained in the Website and the Software, together with the website design, text and graphics and their selection and arrangement and all software compilations, underlying source code and software (including applets) belongs to and owned by the Company. Company and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, its own content and other materials, (including but not limited to text, interactive features audio, video or graphical images), which appear on this Site and are the property of the Company, its parent, affiliates and associates and are protected under applicable Indian laws. Access to this Site and the Software does not confer and shall not be considered as conferring upon anyone any license under any of the Company or any third party's intellectual property rights. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Company. We reserve all rights to take suitable action against you to recover any damages on account of your unauthorised use.
All intellectual property rights, including copyright, trademark or other proprietary rights in this website are owned by or licensed to the Company subject to copyright and other intellectual property rights under Indian laws and conventions. Any use of this website or its contents, including copying or storing it or them in whole or part, is prohibited without the permission of the Company. You shall not modify, distribute or re-post anything on this website for any purpose.
The data mining, extraction or utilization of product/service information from our website is not permitted without our express prior written permission. Though the information contained in the website may be used for non-commercial purpose, you are not authorized to copy, reproduce, publish or distribute any information from this website in whole or in part without the prior written permission from us.
15. Copyright Infringement
The Company complies with all Intellectual Property Laws. It assumes no liability and or responsibility for any copyright infringement out of materials posted on or transmitted through the site/Software, or items advertised on the site, by end users or any other third parties. In case any material you claim to be owned by you, which has been uploaded, submitted or published on our website through the use of the Software, please notify us. We shall take appropriate action on proper verification of your claim and endeavour to stop the further publication of the copyrighted material.
Please email all notices of copyright infringement at:
abuse@youtring.com
16. Removal of inappropriate content and material
The company reserves the right, in its sole discretion, to reject, remove or refuse to post any material (including any content, images, videos, messages in the forums) on the website through the use of the Software or otherwise, which it deems inappropriate or illegal. The company also expressly reserves the right to restrict, suspend or terminate the access to any or all parts of the website for any user, or remove the user profile with or without any reason, at any time, at its sole discretion. Forums provided by the company must not be misused by posting or transmitting or provoking racist comments, threatening messages or inappropriate languages.
In case the company is of the view that you are in breach of any of the Terms of use as mentioned in this User Agreement or any other service specific terms, we may, with or without notice to you stop or suspend your use of the Software and/or any other Service or take any appropriate action against you.
17. Exclusive Ownership
You acknowledge and agree that Company retains the sole and exclusive rights including any and all IP rights, in the Software or the information contained therein.
You shall inform the Company if you see or witness any unauthorised possession or use of or access to the Software and provide some kind of evidence. You also agree to assist the Company in preventing any such misuse.
You agree and understand that nothing in this agreement intends to transfer to you any right either in any Software, information contained in the Software, any copyright, patent, trade secret or other intellectual property rights in the software. You agree that any unauthorised use of the IP rights is a violation of this user agreement as well as IP laws.
18. Site Security
You must not,
a: access any data not intended for your access or log onto a server or an account which you have no right to access;
b: attempt to probe, scan or test the vulnerability of our system or network or breach a security or authentication measure without proper authorization;
c: attempt to interfere with services of any other user, host or network, including, without limitation, by submitting a virus to the Site, overloading, "mail-bombing," "flooding," "spamming" or "crashing;"
d: send any unsolicited email, including promotions and/or any advertisement of products or services to our website or server; or
e: forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting. We may commence civil and/ or criminal action against you if you violate our system or network security.
Company will investigate such violations and may involve, and cooperate with, law enforcement authorities to prosecute users who cause or are part of any group causing such violations. You will not use any device, software, etc., to interfere or attempt to interfere with the proper working of this Site or any activity conducted on this Site.
You also agree to assist the Company in any litigation or any other proceedings involved by the company with regard to your use of any services available on this website or by any other third party.
Company may modify, alter, suspend/cancel or discontinue any of the Software, content, services or the terms of use of this User Agreement provided on the website, at any time at its sole discretion, by posting revised terms of Use on the website. You are advised to review these terms regularly as your use of the website/software will be governed by the modified/revised terms.
20. Third Party Sites / Linksy
The Company may contain links to third party websites that are not owned or controlled by us and thus, have no control over and assumes no responsibility for the content, privacy policies of any third party websites. Any access to a third party website, referred in or linked to our Website or Software, is at your own risk. You must take all protective measures to guard against viruses or other destructive elements. We always recommend that you read the privacy statement and/or terms and conditions of use of the third party website whenever interacting with any such third party website. Company will not be responsible for any loss that you may suffer due to your use.
You agree that the Company shall not be responsible or liable for any loss or damage caused as a result of any correspondence or business dealings between you and any advertiser or your participation in promotions of such advertisers found on or through the Service including payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings or as the result of the presence of such advertisers on the Service.
21. Electronic Communication
You consent to receive electronic communications for information, promotional and commercial purposes from us, our group companies and business associates and partners in the form of email text messages and mailers or by notices posted on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Users agree that few of the service available through this website, may require advertisements or communications from the company, such as announcements, administrative messages, newsletter, however, you will always have the option to opt out of such services.
WHILE COMPANY TRIES HARD TO ENSURE THAT THE WEBSITE IS FUNCTIONING CORRECTLY AND IS AS ACCURATE AS POSSIBLE, THIS WILL NOT ALWAYS BE ACHIEVABLE AND THEREFORE THE FOLLOWING DISCLAIMER APPLIES.
THE SITE AND THE SERVICES INCLUDING BUT NOT LIMITED TO SOFTWARE, COMMUNITY, FORUMS, BLOGS, NEWS, LIVE TV, SOFTPHONE, CAFÉ, VIDEO, SMS, MUSIC AND OTHER SERVICES OFFERED THROUGH THIS SITE AND OR SOFTWARE ARE PROVIDED WITHOUT ANY WARRANTIES OR GUARANTEES AND IN AN “AS IS” CONDITION. YOU MUST BEAR THE RISKS ASSOCIATED WITH THE USE OF THE SITE/SOFTWARE. THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESSED OR IMPLIED OF ANY KIND, REGARDING ANY MATTER PERTAINING TO ANY USE OF THE SERVICES OR SOFTWARE.
THOUGH WE TRY AND COMPLY WITH ALL COMPLIANCE AND LEGAL REQUIREMENTS, YET IF PARTS OR INDIVIDUAL FORMULATIONS OF THIS TEXT DO NOT MEET THE CURRENT LEGAL REQUIREMENTS, THE CONTENT AND VALIDITY OF THE REST OF THE DOCUMENT WILL REMAIN UNAFFECTED. THROUGH THIS WEBSITE YOU ARE ABLE TO LINK TO OTHER WEBSITES OR AVAIL VARIOUS SERVICES. WE HAVE NO CONTROL OVER THE NATURE, CONTENT AND AVAILABILITY OF THOSE SITES. THE INCLUSION OF ANY LINKS DOES NOT NECESSARILY IMPLY A RECOMMENDATION OR ENDORSEMENT OF THE VIEWS EXPRESSED WITHIN THEM.
ANY INFORMATION, CONTENT OR MATERIALS EXCHANGED BETWEEN THE USERS THROUGH THIS WEBSITE OR SOFTWARE IS THEIR PERSONAL OPINION AND SHOULD NOT BE TAKEN AS PROVIDED BY THE COMPANY. USERS AGREE THAT THEY RELY ON ANY INFORMATION EXCHANGED ON OUR WEBSITE, AT THEIR OWN DISCRETION. ANY SPECIFIC ADVICE OR REPLIES TO QUERIES IN ANY PART OF THE SITE IS/ARE THE PERSONAL OPINION OF THE OTHER USER/PERSONS AND ARE NOT SUBSCRIBED TO BY THIS SITE.
WE TAKE EVERY CARE AND PRECAUTION TO ENSURE THAT INFORMATION PUBLISHED ON THE WEBSITE IS ACCURATE WHEN POSTED AND REGULARLY UPDATED, BUT WE DO NOT GUARANTEE ITS ACCURACY AND TAKE NO RESPONSIBILITY, INCLUDING BUT NOT LIMITED TO, ANY LIABILITY FOR MISLEADING OR DEFAMATORY STATEMENTS, CONSEQUENCES OF ERRORS OR OMISSIONS, RELEVANCE, ACCURACY, COMPLETENESS OR QUALITY OF THE INFORMATION PROVIDED. WE BELIEVE THE CONTENTS TO BE TRUE AND ACCURATE AS AT THE DATE OF WRITING.
WE WILL NOT BE LIABLE FOR ANY MATERIAL OR NON-MATERIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE INFORMATION CONTAINED ON THIS SITE. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION CONTAINED HEREIN. WE RESERVE THE RIGHT TO CHANGE, ADD OR DELETE PARTS OF PAGES OR THE ENTIRE SITE OR REMOVE THE ENTIRE PUBLICATION TEMPORARILY OR PERMANENTLY, WITHOUT NOTICE. THE CONTENTS ARE FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE ADVICE. ACCORDINGLY, IT SHOULD NOT BE REGARDED AS BEING A COMPLETE AND AUTHORITATIVE SOURCE OF INFORMATION AND USERS ARE ADVISED TO CONFIRM THE DETAILS BEFORE ACTING ON ANYTHING CONTAINED HEREIN. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE, STRICTLY AT YOUR OWN RISK.
YOU UNDERSTAND THAT COMPANY DOES NOT PROVIDE EMERGENCY SERVICES. YOU AGREE THAT THE COMPANY, DIRECTORS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE COMPANY’S SOFTWARE TO CONTACT EMERGENCY NUMBERS. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS AGAINST ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES DUE TO THE FAILURE OF THE SOFTWARE OR ANY OTHER SERVICES PROVIDED BY THE COMPANY.
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23. Liability
Company, its subsidiaries, partners, affiliates, directors, officers, employees, agents shall not be liable for any indirect, incidental, special,, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, or other intangible losses arising out of or in connection with the Site, its services, Software, this Terms of Use or from the use of any third party website. Any typographical, clerical or other error or omission in the website is subject to correction without any liability on our part.
Under no circumstances will Company be held responsible or liable, in any way, for any content which in Legal opinion is derogatory, threatening, defamatory, obscene or offensive or offends public sensibilities or morals and shall also not assume liability for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted or uploaded on the Site, or any infringement of another's rights, including intellectual property rights. You specifically agree that Company is not responsible for any content sent using and/or included in Company’s site/service by any third party. You expressly relieve the Company, its subsidiaries, its partners, its affiliates, directors, officers, employees and agents from all losses or damages suffered or caused through your use of the company software or services.
24. Warranties
The Software and the services offered through this site are provided without any warranties or guarantees and in an “As Is” condition. Materials posted on the website or through Software are not administered, monitored and audited by the company, and therefore the accuracy, integrity or quality of such content cannot be guaranteed. Company, its subsidiaries, partners, affiliates, directors, officers, employees, agents makes no warranties, express or implied, as to the content, accuracy, adequacy, completeness, suitability, applicability, conformity and reliability of the content or any such material. Company, its subsidiaries, partners, affiliates, directors, officers, employees, agents does not represent, warrant or guarantee that the service will be uninterrupted, timely, secure, or error-free.
Company, its subsidiaries, partners, affiliates, directors, officers, employees, agents does not represent, warrant or guarantee that the quality of any products, services, information or other material purchased or obtained by you through the use of the Software and or service will meet your expectations.
Company will not be responsible for any errors or omissions or for any results obtained from the use of content from other Internet sites or resources or for any technical problems you may experience with the third party website
All users agree that they access and use this web site and Software at their own risk. Any views expressed by third parties on the site are not necessarily shared by us, thus we accept no responsibility for such views. The Company makes no warranty, express or implied, with regards to products or services obtained from the website nor does it accept liability for any resulting damage or loss.
The Company does not warrant that the functionality of the website or the internet communications or the software or any/all services offered by the company will be uninterrupted or error free or that any defect, whether reported or otherwise will be corrected. The Company also do not warrant that the website and the servers that make the services available run in a virus free environment, though we take adequate care to do virus check.
Company does not guarantee that you can communicate without disruptions, delays or communication-related flaws or that all or your communication shall always be delivered to other party or the other Software users.
25. Indemnity
You (the “Indemnifying Party”) agree to defend, indemnify and hold harmless Company, its affiliates, directors, officers, employees, and agents (the “Indemnified Party”) from and against any claim, suit, demand, loss, damage, expense (including reasonable Lawyers' fees and costs) or liability that may result from, arise out of or relate to:
a: any breaches of express representations, warranties or covenants in relation to the non-fulfillment of any of your obligations under this User Agreement;
b: any claim against the Indemnified Party by a third party with a contractual relationship or in privity with the Indemnifying Party; and
c: arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.
Failure on the part of Company to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This clause shall survive the expiry or termination of this User Agreement.
You will indemnify and hold harmless Company, its subsidiaries, partners, affiliates, directors, officers, employees, agents against all third party claims, demands and actions brought against Company which arises from or relates to the material submitted by you.
26. Privacy Policy
We respect users’ privacy and maintain confidentiality of the users’ personal data
To view our privacy policy, please click the link
Privacy Policy
27. Data Protection
We do not share, sell or rent your e-mail, postal address, or any other data we hold about you to any third party, unless a prior consent is obtained from you. We may however disclose your personal information to any governmental, administrative, regulatory or judicial authority as and when required under law, in cases where it is obligatory to do so.
We make good faith efforts to provide you access to your personal information upon request and to let you correct such data if it is inaccurate and amend it, when reasonably possible.
Further, Company can (and you authorize Company to) disclose your name, street address, city, state, zip code, country, phone number, email, and company name to Intellectual Property right's owners, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid, that provision shall be enforced to the maximum extent possible; however, it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
29. Waiver
Our failure to enforce your strict performance of any provision of the terms and conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provision of the terms and conditions.
30. Suspension of your Account
Company reserves the right to Suspend your account for any reason, in its sole discretion, including, if it believes that you have breached any of the terms contained in this Agreement and consequent to which, the Company issues a notice to your account contact, and that You have failed to take steps necessary to cure the breach within a reasonable time.
31. Termination of agreement
You may terminate this User Agreement, by discontinuing further use of this Site with or without cause provided that you meet with all the conditions set forth herein.
Company may immediately terminate this User Agreement or the license or your use of the Software at any time without prior notice and deny your access to the Site with or without cause, including but not limited to infringing IP rights, engaging in unauthorised or illegal activities, any fraudulent transactions recorded or for any other reason, at the sole discretion of the company.
Company may also terminate your account if the laws at that time obligate it to do so. Such termination will be without any liability to the Company. Any such termination of the User Agreement shall not cancel your obligation to pay for the service availed from the Site or affect any liability that may have already arisen under the User Agreement.
Company also reserves the right to cancel the user’s account that are dormant or has not been logged in for 6 months or more.
The following provisions of this Agreement shall survive termination of your use or access to the Site: the sections concerning Indemnification, Disclaimer, Warranties, Liability, Waiver, Applicable Law and Jurisdiction, and any other provision that by its terms survives termination of your use of the Software or access to the Site.
Company shall not be liable in respect of any damage/loss caused/suffered by the termination of this End User License Agreement.
32. Consequences of Termination
Upon termination of this Agreement, You (a) acknowledge and agree that all licenses and rights to use the Service/Software provided by the Company shall terminate, and (b) will cease any and all use of the Service/Software provided by the Company, and (c) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Service/Software which you possess.
33. Remedy
YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE/SOFTWARE PROVIDED BY US, IS TO DEINSTALL AND CEASE USE OF THE SOFTWARE/SERVICE.
34. Relationship
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Company and you shall have no authority to bind Company in any manner, whatsoever.
35. Force Majeure
Company shall have no liability to you for any interruption or delay, to access the Site, Software, or for any lack of service quality or availability irrespective of the cause, which are not under the control of the Company.
The services including the software may be unavailable during the routine maintenance or upgrades or as a result of the force majeure event.
You understand and agree that the Company is dependant upon networks, internet service providers, software’s and their functionality which are not under the control of the Company.
You therefore agree that the Company shall not be in breach of any of its obligations or held liable for any lack of service quality and the non-availability of the service or consequences arising there from.
36. Governing Law & Jurisdiction
The website, terms, Software, any products & services offered &
contents of this website shall be interpreted in accordance with laws of United Kingdom (UK).
These terms will be subject to UK laws and all disputes, differences
or claims arising out of or in connection with the terms of use or
services offered on this website shall be resolved by binding
arbitration.
The Venue for such arbitration shall be London, UK and all proceedings
shall be conducted in English language.
The dispute shall be decided by single Arbitrator to be appointed by
the Company. The award rendered by the Arbitrator / Arbitration shall
be final, binding and conclusive and shall be subject to forced
execution in any Court of competent jurisdiction."