We reserve all rights not expressly granted to you in and to the
Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a
material breach of our Legal Terms and your right to use our
Services will terminate immediately.
Your submissions
and contributions
Please review this section and the
"
PROHIBITED ACTIVITIES
"
section carefully prior
to using our Services to understand the (a) rights you give us and
(b) obligations you have when you post or upload any content through
the Services.
Submissions:
By directly sending us any question, comment, suggestion, idea,
feedback, or other information about the Services (
"Submissions"
), you agree to assign to
us all intellectual property rights in such Submission. You agree
that we shall own this Submission and be entitled to its
unrestricted use and dissemination for any lawful purpose,
commercial or otherwise, without acknowledgment or compensation to
you.
Contributions:
The Services may invite you to chat, contribute to, or participate
in blogs, message boards, online forums, and other functionality
during which you may create, submit, post, display, transmit,
publish, distribute, or broadcast content and materials to us or
through the Services, including but not limited to text, writings,
video, audio, photographs, music, graphics, comments, reviews,
rating suggestions, personal information, or other material (
"Contributions"
). Any Submission that is
publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of
the Services
and possibly through
third-party websites
.
When you post
Contributions, you grant us a
license
(including use of your
name, trademarks, and logos):
By posting any
Contributions, you grant us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and
license
to: use, copy,
reproduce, distribute, sell, resell, publish, broadcast, retitle,
store, publicly perform, publicly display, reformat, translate,
excerpt (in whole or in part), and exploit your Contributions
(including, without limitation, your image, name, and voice) for any
purpose, commercial, advertising, or otherwise, to prepare
derivative works of, or incorporate into other works, your
Contributions, and to
sublicense the licenses
granted in this section.
Our use and distribution may occur in any media formats and through
any media channels.
This
license
includes our use of your
name, company name, and franchise name, as applicable, and any of
the trademarks, service marks, trade names, logos, and personal and
commercial images you provide.
You are responsible for
what you post or upload:
By sending us Submissions
and/or posting
Contributions
through any part of the
Services
or making Contributions
accessible through the Services by linking your account through the
Services to any of your social networking accounts,
you:
-
confirm that you have read and agree with our
"
PROHIBITED ACTIVITIES
"
and will not post, send,
publish, upload, or transmit through the Services any Submission
nor post any
Contribution
that is illegal,
harassing, hateful, harmful, defamatory, obscene, bullying, abusive,
discriminatory, threatening to any person or group, sexually
explicit, false, inaccurate, deceitful, or misleading;
-
to the extent permissible by applicable law, waive any and all
moral rights to any such Submission
and/or Contribution
;
-
warrant that any such Submission
and/or Contributions
are original to you or
that you have the necessary rights and
licenses
to submit such
Submissions
and/or Contributions
and that you have full
authority to grant us the above-mentioned rights in relation to your
Submissions
and/or Contributions
; and
-
warrant and represent that your Submissions
and/or Contributions
do not constitute
confidential information.
You are solely responsible for your Submissions
and/or Contributions
and you expressly agree
to reimburse us for any and all losses that we may suffer because of
your breach of (a) this section, (b) any third party’s intellectual
property rights, or (c) applicable law.
We may remove or edit
your Content: Although
we have no obligation to monitor any Contributions, we shall have
the right to remove or edit any Contributions at any time without
notice if in our reasonable opinion we consider such Contributions
harmful or in breach of these Legal Terms. If we remove or edit any
such Contributions, we may also suspend or disable your account and
report you to the authorities.
Copyright
infringement
We respect the intellectual property rights of others. If you
believe that any material available on or through the Services
infringes upon any copyright you own or control, please immediately
refer to the
"
COPYRIGHT INFRINGEMENTS
"
section below.
If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or terminate
your account and refuse any and all current or future use of the
Services (or any portion thereof).
You may be required to register to use the Services. You agree to
keep your password confidential and will be responsible for all use
of your account and password. We reserve the right to remove,
reclaim, or change a username you select if we determine, in our
sole discretion, that such username is inappropriate, obscene, or
otherwise objectionable.
You may not access or use the Services for any purpose other than
that for which we make the Services available. The Services may not
be used in connection with any commercial
endeavors
except those that are
specifically endorsed or approved by us.
As a user of the Services, you agree not to:
-
Systematically retrieve data or other content from the Services to
create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission from
us.
-
Trick, defraud, or mislead us and other users, especially in any
attempt to learn sensitive account information such as user
passwords.
-
Circumvent, disable, or otherwise interfere with security-related
features of the Services, including features that prevent or
restrict the use or copying of any Content or enforce limitations on
the use of the Services and/or the Content contained therein.
-
Disparage, tarnish, or otherwise harm, in our opinion, us and/or
the Services.
-
Use any information obtained from the Services in order to harass,
abuse, or harm another person.
-
Make improper use of our support services or submit false reports
of abuse or misconduct.
-
Use the Services in a manner inconsistent with any applicable laws
or regulations.
-
Engage in
unauthorized
framing of or linking to
the Services.
-
Upload or transmit (or attempt to upload or to transmit) viruses,
Trojan horses, or other material, including excessive use of capital
letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of the
Services or modifies, impairs, disrupts, alters, or interferes with
the use, features, functions, operation, or maintenance of the
Services.
-
Engage in any automated use of the system, such as using scripts to
send comments or messages, or using any data mining, robots, or
similar data gathering and extraction tools.
-
Delete the copyright or other proprietary rights notice from any
Content.
-
Attempt to impersonate another user or person or use the username
of another user.
-
Upload or transmit (or attempt to upload or to transmit) any
material that acts as a passive or active information collection or
transmission mechanism, including without limitation, clear graphics
interchange formats (
"gifs"
), 1×1 pixels, web bugs,
cookies, or other similar devices (sometimes referred to as
"spyware" or "passive
collection mechanisms" or "pcms"
).
-
Interfere with, disrupt, or create an undue burden on the Services
or the networks or services connected to the Services.
-
Harass, annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the Services to you.
-
Attempt to bypass any measures of the Services designed to prevent
or restrict access to the Services, or any portion of the
Services.
-
Copy or adapt the Services' software, including but not limited to
Flash, PHP, HTML, JavaScript, or other code.
-
Except as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software comprising or
in any way making up a part of the Services.
-
Except as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated
system, including without limitation, any spider, robot, cheat
utility, scraper, or offline reader that accesses the Services, or
use or launch any
unauthorized
script or other
software.
-
Use a buying agent or purchasing agent to make purchases on the
Services.
-
Make any
unauthorized
use of the Services,
including collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited
email, or creating user accounts by automated means or under false
pretenses
.
-
Use the Services as part of any effort to compete with us or
otherwise use the Services and/or the Content for any
revenue-generating
endeavor
or commercial
enterprise.
-
Use the Services to advertise or offer to sell goods and
services.
-
Sell or otherwise transfer your profile.
6.
USER GENERATED
CONTRIBUTIONS
The Services may invite
you to chat, contribute to, or participate in blogs, message boards,
online forums, and other functionality, and may provide you with the
opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on
the Services, including but not limited to text, writings, video,
audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively,
"Contributions"
). Contributions may be
viewable by other users of the Services and through third-party
websites. As such, any Contributions you transmit may be treated as
non-confidential and non-proprietary. When you create or make
available any Contributions, you thereby represent and warrant that:
-
The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
-
You are the creator and owner of or have the necessary
licenses
, rights, consents,
releases, and permissions to use and to
authorize
us, the Services, and
other users of the Services to use your Contributions in any manner
contemplated by the Services and these Legal Terms.
-
You have the written consent, release, and/or permission of each
and every identifiable individual person in your Contributions to
use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of your Contributions
in any manner contemplated by the Services and these Legal
Terms.
-
Your Contributions are not false, inaccurate, or misleading.
-
Your Contributions are not unsolicited or
unauthorized
advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or
other forms of solicitation.
-
Your Contributions are not obscene, lewd, lascivious, filthy,
violent, harassing,
libelous
, slanderous, or
otherwise objectionable (as determined by us).
-
Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
-
Your Contributions are not used to harass or threaten (in the legal
sense of those terms) any other person and to promote violence
against a specific person or class of people.
-
Your Contributions do not violate any applicable law, regulation,
or rule.
-
Your Contributions do not violate the privacy or publicity rights
of any third party.
-
Your Contributions do not violate any applicable law concerning
child pornography, or otherwise intended to protect the health or
well-being of minors.
-
Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or
physical handicap.
-
Your Contributions do not otherwise violate, or link to material
that violates, any provision of these Legal Terms, or any applicable
law or regulation.
Any use of the Services in violation of the foregoing violates
these Legal Terms and may result in, among other things, termination
or suspension of your rights to use the Services.
By posting your Contributions to any part of the Services
, you automatically grant,
and you represent and warrant that you have the right to grant, to
us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide
right, and
license
to host, use, copy,
reproduce, disclose, sell, resell, publish, broadcast, retitle,
archive, store, cache, publicly perform, publicly display, reformat,
translate, transmit, excerpt (in whole or in part), and distribute
such Contributions (including, without limitation, your image and
voice) for any purpose, commercial, advertising, or otherwise, and
to prepare derivative works of, or incorporate into other works,
such Contributions, and grant and
authorize sublicenses
of the foregoing. The
use and distribution may occur in any media formats and through any
media channels.
This
license
will apply to any form,
media, or technology now known or hereafter developed, and includes
our use of your name, company name, and franchise name, as
applicable, and any of the trademarks, service marks, trade names,
logos, and personal and commercial images you provide. You waive all
moral rights in your Contributions, and you warrant that moral
rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain
full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on
the Services. You are solely responsible for your Contributions to
the Services and you expressly agree to exonerate us from any and
all responsibility and to refrain from any legal action against us
regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to
edit, redact, or otherwise change any Contributions; (2) to
re-categorize
any Contributions to
place them in more appropriate locations on the Services; and (3) to
pre-screen or delete any Contributions at any time and for any
reason, without notice. We have no obligation to monitor your
Contributions.
8.
GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or
ratings. When posting a review, you must comply with the following
criteria: (1) you should have firsthand experience with the
person/entity being reviewed; (2) your reviews should not contain
offensive profanity, or abusive, racist, offensive, or hateful
language; (3) your reviews should not contain discriminatory
references based on religion, race, gender, national origin, age,
marital status, sexual orientation, or disability; (4) your reviews
should not contain references to illegal activity; (5) you should
not be affiliated with competitors if posting negative reviews; (6)
you should not make any conclusions as to the legality of conduct;
(7) you may not post any false or misleading statements; and (8) you
may not
organize
a campaign encouraging
others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We
have absolutely no obligation to screen reviews or to delete
reviews, even if anyone considers reviews objectionable or
inaccurate. Reviews are not endorsed by us, and do not necessarily
represent our opinions or the views of any of our affiliates or
partners. We do not assume liability for any review or for any
claims, liabilities, or losses resulting from any review. By posting
a review, you hereby grant to us a perpetual, non-exclusive,
worldwide, royalty-free, fully paid, assignable, and sublicensable
right and
license
to reproduce, modify,
translate, transmit by any means, display, perform, and/or
distribute all content relating to review.
9.
THIRD-PARTY WEBSITES AND
CONTENT
The Services may contain (or you may be sent via the
Site
) links to other websites
(
"Third-Party Websites"
) as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items
belonging to or originating from third parties (
"Third-Party Content"
). Such
Third-Party Websites and
Third-Party Content are
not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible
for any Third-Party Websites accessed through the Services or any
Third-Party Content
posted on, available through, or installed from the Services,
including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in
the
Third-Party Websites or
the
Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of
any
Third-Party Websites or
any
Third-Party Content
does not imply approval or endorsement thereof by us. If you decide
to leave the Services and access the
Third-Party Websites or
to use or install any
Third-Party Content, you
do so at your own risk, and you should be aware these Legal Terms no
longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any website to
which you navigate from the Services or relating to any applications
you use or install from the Services. Any purchases you make through
Third-Party Websites
will be through other websites and from other companies, and we take
no responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party. You agree
and acknowledge that we do not endorse the products or services
offered on
Third-Party Websites and
you shall hold us blameless from any harm caused by your purchase of
such products or services. Additionally, you shall hold us blameless
from any losses sustained by you or harm caused to you relating to
or resulting in any way from any
Third-Party Content or
any contact with
Third-Party Websites.
10.
SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the
Services for violations of these Legal Terms; (2) take appropriate
legal action against anyone who, in our sole discretion, violates
the law or these Legal Terms, including without limitation,
reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit
the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in
our sole discretion and without limitation, notice, or liability, to
remove from the Services or otherwise disable all files and content
that are excessive in size or are in any way burdensome to our
systems; and (5) otherwise manage the Services in a manner designed
to protect our rights and property and to facilitate the proper
functioning of the Services.
11.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy
Policy:
https://viszapp.com/privacy
. By using the
Services, you agree to be bound by our Privacy Policy, which is
incorporated into these Legal Terms. Please be advised the Services
are hosted in
India
. If you access the
Services from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure
that differ from applicable laws in
India
, then through your
continued use of the Services, you are transferring your data to
India
, and you expressly
consent to have your data transferred to and processed in
India
.
12.
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you
believe that any material available on or through the Services
infringes upon any copyright you own or control, please immediately
notify us using the contact information provided below (a
"Notification"
). A copy of your
Notification will be sent to the person who posted or stored the
material addressed in the Notification. Please be advised that
pursuant to applicable law you may be held liable for damages if you
make material misrepresentations in a Notification. Thus, if you are
not sure that material located on or linked to by the Services
infringes your copyright, you should consider first contacting an
attorney.
13.
TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you
use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF
ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL
TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION
THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party, even
if you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress.
14.
MODIFICATIONS AND
INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of
the Services at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any
information on our Services.
We will not be liable to
you or any third party for any modification, price change,
suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We
may experience hardware, software, or other problems or need to
perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the
Services at any time or for any reason without notice to you. You
agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Services
during any downtime or discontinuance of the Services. Nothing in
these Legal Terms will be construed to obligate us to maintain and
support the Services or to supply any corrections, updates, or
releases in connection therewith.
15.
GOVERNING LAW
These Legal Terms shall be governed by and defined following the
laws of
India
.
Viszapp and yourself
irrevocably consent that the courts of
India
shall have exclusive
jurisdiction to resolve any dispute which may arise in connection
with these Legal Terms.
16.
DISPUTE RESOLUTION
You agree to irrevocably submit all disputes related to these Legal
Terms or the legal relationship established by these Legal Terms to
the jurisdiction of the
India
courts.
Viszapp shall also
maintain the right to bring proceedings as to the substance of the
matter in the courts of the country where you reside or, if these
Legal Terms are entered into in the course of your trade or
profession, the state of your principal place of business.
17.
CORRECTIONS
There may be information on the Services that contains
typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information.
We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Services at
any time, without prior notice.
18.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF
ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE
WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY
UNAUTHORIZED
ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT
AND EXERCISE CAUTION
WHERE APPROPRIATE.
19.
LIMITATIONS OF
LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES
ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US
DURING THE
12 MONTH PERIOD
PRIOR TO ANY CAUSE OF ACTION ARISING
OR
2000
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
20.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys’ fees
and expenses, made by any third party due to or arising out of:
(1) your Contributions;
(
2) use of the Services;
(
3) breach of these Legal
Terms; (
4) any breach of your
representations and warranties set forth in these Legal Terms; (
5) your violation of the
rights of a third party, including but not limited to intellectual
property rights; or (
6) any overt harmful act
toward any other user of the Services with whom you connected via
the Services. Notwithstanding the foregoing, we reserve the right,
at your expense, to assume the exclusive
defense
and control of any
matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our
defense
of such claims. We will
use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming
aware of it.
21.
USER DATA
We will maintain certain data that you transmit to the Services for
the purpose of managing the performance of the Services, as well as
data relating to your use of the Services. Although we perform
regular routine backups of data, you are solely responsible for all
data that you transmit or that relates to any activity you have
undertaken using the Services. You agree that we shall have no
liability to you for any loss or corruption of any such data, and
you hereby waive any right of action against us arising from any
such loss or corruption of such data.
22.
ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online
forms constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you
electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE
TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting
of credits by any means other than electronic means.
23.
MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us
on the Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Legal Terms
shall not operate as a waiver of such right or provision. These
Legal Terms operate to the fullest extent permissible by law. We may
assign any or all of our rights and obligations to others at any
time. We shall not be responsible or liable for any loss, damage,
delay, or failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of these Legal
Terms is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these
Legal Terms and does not affect the validity and enforceability of
any remaining provisions. There is no joint venture, partnership,
employment or agency relationship created between you and us as a
result of these Legal Terms or use of the Services. You agree that
these Legal Terms will not be construed against us by virtue of
having drafted them. You hereby waive any and all
defenses
you may have based on
the electronic form of these Legal Terms and the lack of signing by
the parties hereto to execute these Legal Terms.
24.
CONTACT US
In order to resolve a complaint regarding the Services or to
receive further information regarding use of the Services, please
contact us at:
Viszapp
Survey Number 43, 9, Tulsi Nagar Rd, Tulsi Nagar, Nipania, Indore, Madhya Pradesh 452010
India