II. Using our Services
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not ours. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
III. Protection of your account
You may need to signup & create a new Account in order to use some of our Services. To protect your Account, keep your password confidential. You are responsible for the activity that happens on or through your Account. Try not to reuse your Account password on third-party applications. If you learn of any unauthorized suspicious use of your Account, reset your Account password or contact us immediately at [email protected].
IV. Privacy and copyright protection
Procedure for reporting claimed infringement
If you believe that any content made available on or through the Services has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a "Notification of Claimed Infringement" email containing the following information.
A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed.
Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works.
Identification of the specific 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.
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
V. Your Content in our Services
Some of our Services allow you to upload, submit, store, send or receive content (also referred to as the "User Content"). You retain ownership of any intellectual property rights that you hold in that User Content. In short, what belongs to you stays yours. When you upload, submit, store, send or receive User Content to or through our Services, you give Mobizerg (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your User Content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such User Content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove User Content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the User Content submitted in those Services. Make sure you have the necessary rights to grant us this license for any User Content that you submit to our Services.
Users warrants and agrees that they will not contribute any User Content of the following nature,
Infringes, violates or otherwise interferes with any copyright or trademark of another party.
Reveals any trade secret, unless User owns the trade secret or has the owner’s permission to post it.
Infringes any intellectual property right of another or the privacy or publicity rights of another.
Is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party.
Contains a virus, trojan horse, worm or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
Mobizerg reserves the right to remove any User Content from our Services, suspend or terminate User’s right to use the Services at any time, or pursue any other remedy or relief available to Mobizerg and/or the Services under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if we are concerned that User may have breached the immediately preceding sentence), or for any undisclosed reason.
VI. About software used in our Services
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings. Mobizerg gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Mobizerg as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Mobizerg, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
VII. Modifying and terminating our Services
We are constantly changing and improving our Services. We may add or remove functionality or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we’ll be sorry to see you go. Mobizerg may also stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get your information out of that Service.
VIII. Disclaimers & warranties
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER MOBIZERG NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
IX. Liability for our Services
WHEN PERMITTED BY LAW, MOBIZERG, AND MOBIZERG’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF MOBIZERG, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, MOBIZERG, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
X. Revision of Terms of Service
Mobizerg may revise this Terms of Service Statement from time to time and then release it in the notable location on its webpage or in its product. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. This Agreement shall be governed by and construed in accordance with the Indian law without regard to the conflict of laws provisions thereof.
This Terms of Service Statement was last edited on August 23, 2016.