Terms and Conditions
Your relationship with Mobspace Entertainment!
- Your use of Mobspace Entertainment’s products, software, services and websites (Referred to collectively as the "Services" in this document and excluding any services provided to you by Mobspace Entertainment under a separate written agreement) is subject to the terms of a legal agreement between you and Mobspace Entertainment.
- At a minimum, the terms and conditions set out in this document will always be included in your agreement with Mobspace Entertainment. These are referred to below as the "Universal Terms".
- Your agreement with Mobspace Entertainment will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the "Additional Terms". Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
- In relation to your use of the Services, the Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Mobspace Entertainment. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".
- If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
Accepting the Terms
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
You can accept the Terms by:
- Clicking to accept or agree to the Terms, where this option is made available to you by Mobspace Entertainment in the user interface for any Service; or by actually using the Services.
- In this case, you understand and agree that Mobspace Entertainment will treat your use of the Services as acceptance of the Terms from that point onwards.
- In order to use the Services and accept the Terms, you must be of legal age to form a binding contract with Mobspace Entertainment. If you are not of legal age to form a binding contract with Mobspace Entertainment, you can't use the Services and you can't accept the Terms.
- Before you continue, you should print off or save a local copy of the Universal Terms for your records.
Use of the Services by you
- In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Mobspace Entertainment will always be accurate, correct and up to date.
- You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from India or other relevant countries).
- You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Mobspace Entertainment, unless you have been specifically allowed to do so in a separate agreement with Mobspace Entertainment. You agree not to use any automated means to access or try to access any of the services, such as scripts or web crawlers. You also agree to follow the instructions in any robots.txt file that is present on the services.
- You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
- Unless you have been specifically permitted to do so in a separate agreement with Mobspace Entertainment, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
- You agree that you are solely responsible for (and that Mobspace Entertainment has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Mobspace Entertainment may suffer) of any such breach.
Your passwords and account security
- You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
- As a result, you agree to be solely liable to Mobspace Entertainment for all activities that occur under your account.
- If you become aware of any unauthorised use of your password or account, you agree to immediately notify Mobspace Entertainment at [email protected].
Content in the Services
- You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".
- You should be aware that content presented to you as part of the Services, such as advertisements in the Services and sponsored Content within the Services, may be protected by intellectual property rights owned by the sponsors or advertisers who provide that content to Mobspace Entertainment (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Mobspace Entertainment or by the owners of that Content, in a separate agreement.
- Mobspace Entertainment reserves the right (but not the obligation) to pre-screen, review, flag, filter, modify, refuse, or remove any or all content from any service. For some of the Services, Mobspace Entertainment may provide tools to filter out explicit sexual content. In addition, there are commercially available services and software that you can use to block access to material that you don't like.
- Using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
- Using the Services is at your own risk. You agree that you are solely responsible for (and that Mobspace Entertainment has no responsibility for) any content that you create, transmit or display while using the Services, as well as for the consequences of your actions (including any loss or damage that Mobspace Entertainment may suffer).
Proprietary rights
- You acknowledge and agree that Mobspace Entertainment (or Mobspace Entertainment’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You also agree that the Services may contain information that is confidential to Mobspace Entertainment and that you will not share this information with anyone else without Mobspace Entertainment's permission.
- Unless you have agreed otherwise in writing with Mobspace Entertainment, nothing in the Terms gives you a right to use any of Mobspace Entertainment’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
- If you have been given an explicit right to use any of these brand features in a separate written agreement with Mobspace Entertainment, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Mobspace Entertainment's brand feature use guidelines as updated from time to time.
- You agree not to remove, obscure, or change any proprietary rights notices (including copyright and trademark notices) affixed to or contained within the Services.
- Unless you have been expressly authorised to do so in writing by Mobspace Entertainment, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
License from Mobspace Entertainment
- Mobspace Entertainment gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Mobspace Entertainment as part of the Services as provided to you by Mobspace Entertainment (referred to as the "Software" below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Mobspace Entertainment, in the manner permitted by the Terms.
- You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Mobspace Entertainment, in writing.
- Unless Mobspace Entertainment has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
Software updates
The Software which you use may automatically download and install updates from time to time from Mobspace Entertainment. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Mobspace Entertainment to deliver these to you) as part of your use of the Services.
Ending your relationship with Mobspace Entertainment
- The Terms will continue to apply until terminated by either you or Mobspace Entertainment as set out below.
- If you want to terminate your legal agreement with Mobspace Entertainment, you may do so by notifying
- Mobspace Entertainment at any time and closing your accounts for all of the Services which you use, where Mobspace Entertainment has made this option available to you. Your notice should be sent, in writing, to Mobspace Entertainment’s address which is set out at the beginning of these Terms.
- Mobspace Entertainment may at any time, terminate its legal agreement with you if:
- you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
- Mobspace Entertainment is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
- the partner with whom Mobspace Entertainment offered the Services to you has terminated its relationship with Mobspace Entertainment or ceased to offer the Services to you; or
- Mobspace Entertainment is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
- the provision of the Services to you by Mobspace Entertainment is, in Mobspace Entertainment’s opinion, no longer commercially viable.
- Nothing in this Section shall affect Mobspace Entertainment’s rights regarding provision of Services.
- When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Mobspace Entertainment have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely
Warranties Are Not Included
- Mobspace Entertainment’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
- You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and "as available."
- Mobspace Entertainment, its subsidiaries and affiliates, and its licensors, in particular, make no representations or warranties to you that:
- your use of the services will meet your requirements,
- your use of the services will be uninterrupted, timely, secure or free from error,
- any information obtained by you as a result of your use of the services will be accurate or reliable, and that defects,
- in the operation or functionality of any software provided to you as part of the services will be corrected.
- Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
- No oral or written advice or information obtained by you from Mobspace Entertainment or through or from the services shall create any warranty not expressly stated in the terms.
- In addition, Mobspace Entertainment says that it doesn't make, and doesn't make any promises about, any kind of warranties or conditions, whether written or oral. These include but aren't limited to the implied warranties and conditions of merchantability, fitness for a specific purpose, and non-infringement.
Limitation of liability
You understand and agree that Mobspace Entertainment, its subsidiaries and affiliates, and its licensors will not be liable to you for any direct, indirect, special, consequential, or exemplary damages that you may suffer, however caused and under any theory of liability, even if Mobspace Entertainment, its subsidiaries and affiliates, and its licensors knew or should have known about them.
It also includes, but is not limited to, any loss of profit, any loss of goodwill or business reputation, any data that was lost, the cost of getting new goods or services, or any other intangible loss. As a result of any of the following: any reliance you place on any advertising, or any relationship you have with any advertiser who advertises on the services; and any relationship or transaction you have with any advertiser or sponsor who advertises on the services. We are not responsible for any of the following:
- Any changes which Mobspace Entertainment may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
- In the event that you delete, corrupt, or fail to store any content or other communications data that you send or receive through the services, we will not be liable for this.
- Your failure to provide Mobspace Entertainment with accurate account information;
- Your
failure to keep your password or account details secure and confidential;
Advertisements
- Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
- The manner, mode and extent of advertising by Mobspace Entertainment on the Services are subject to change without specific notice to you.
- In consideration for Mobspace Entertainment granting you access to and use of the Services, you agree that Mobspace Entertainment may place such advertising on the Services.
Other content
- The Services may include hyperlinks to other websites or content or resources. Mobspace Entertainment may have no control over any websites or resources which are provided by companies or persons other than Mobspace Entertainment.
- You acknowledge and agree that Mobspace Entertainment is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
- You acknowledge and agree that Mobspace Entertainment is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
Changes to the Terms
- Mobspace Entertainment may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Mobspace Entertainment will make a new copy of the Universal Terms available and any new Additional Terms will be made available to you from within, or through, the affected Services.
- You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Mobspace Entertainment will treat your use as acceptance of the updated Universal Terms or Additional Terms.
General legal terms
- When you use the services, you may (as a result of or as a result of your use of the services) use a service, download software, or purchase goods from another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
- The Terms constitute the entire legal agreement between you and Mobspace Entertainment and govern your use of the Services (except for any services provided to you under a separate written agreement by Mobspace Entertainment, and completely replace any prior agreements between you and Mobspace Entertainment in relation to the Services.
- You agree that Mobspace Entertainment may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
- When Mobspace Entertainment doesn't use or enforce a legal right or remedy that is in the Terms or that Mobspace Entertainment has under any applicable law, this will not be a formal waiver of Mobspace Entertainment's rights. Mobspace Entertainment will still have those rights or remedies.
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
- It's important for you to know that each member of the group of companies of which Mobspace Entertainment is the parent is a third-party beneficiary of the Terms, and those other companies can use the Terms to their own benefit. Aside from this, no other person or company shall be third-party beneficiaries under the terms.
- The Terms, and your relationship with Mobspace Entertainment under the Terms, shall be governed by the laws of the State of Arunachal Pradesh, Assam, Odisha, Sikkim, Nagaland, Andhra Pradesh, Telangana, or Karnataka without regard to its conflict of laws provisions. If this is the case, you agree that Mobspace Entertainment can still apply for injunctive relief (or another type of urgent legal relief) in any country.