1. Your Acceptance
This is an agreement between Scrabble Tecnologies Private Limited., an India based company ("Scrabble"), the owner and operator of www.MediaMise.com (the "MediaMise Site"), the MediaMise Service, including MediaMise Web Site, Software and App (collectively, including all content provided by MediaMise through MediaMise App and the MediaMise Site, the "MediaMise Service", or the "Service"), and you ("you" or "You"), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND Scrabble's PRIVACY POLICY, WHICH CAN BE FOUND AT http://www.MediaMise.com, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service.
2. MediaMise Service
These Terms of Service apply to all users of the MediaMise Service. Users through the MediaMise Service shall provide Information to their counterparts. Scrabble may not control the content. Users of the services are solely responsible for their absorption of the information or services. Scrabble has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any of its user. In addition, Scrabble may or may not censor or edit the content provided by any user at its sole discretion. By using the Service, you expressly acknowledge and agree that Scrabble shall not be responsible for any damages, loss of business, opportunity loss, claims or other liability arising from or related to your use of Service.
3. MediaMise Access
A. Subject to your compliance with these Terms of Service, Scrabble hereby grants you permission to use the MediaMise Service, provided that: (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without prior written authorization from Scrabble; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy.
B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide Scrabble with your authorized mobile phone number & other requested contact details. You expressly acknowledge and agree that in order to provide the Service, Scrbble may periodically access your contact list and/or address book on your mobile device to find and keep track of contact details of other users of the Service. When providing your contact details, you must provide accurate and complete information. You hereby give your express consent to Scrabble to access your contact list and/or address book for contact details in order to provide and use the Service. Database uploaded or updated or its present contents or historical data, all communications between users is accessible to authorized personnel of Scrabble with unlimited access rights; the information may be utilized at sole discretion of Scrabble. You must notify Scrabble immediately of any breach of security or unauthorized use of your mobile phone. Although Scrabble will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Scrabble or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the servers in a given period of time than a human can reasonably produce in the same period by using a MediaMise application or website, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, Scrabble grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Scrabble reserves the right to revoke these exceptions either generally or in specific cases. Scrabble explicitly disallows any efforts to reverse-engineer system, protocols, or explore outside the boundaries of the normal requests made by Scrabble clients. Scrabble has to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. User must secure prior written permission from Scrabble before measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on Service domain. User agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any spam purposes. User agree not to spam any other users of the Service.
4. Intellectual Property Rights
The design of the MediaMise Service along with MediaMise created text, scripts, graphics, interactive features, Databases and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Scrabble, subject to copyright and other intellectual property rights under Indian laws and conventions. The Service is provided to User AS IS for user's information and personal use only. Scrabble reserves all rights not expressly granted in and to the Service. User agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, for any purposes.
5. Warranty Disclaimer
Users AGREES THAT User's USE OF THE MediaMise SERVICE SHALL BE AT their SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Scrabble, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND USE THEREOF. Scrabble MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM user's ACCESS TO AND USE OF SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF Scrabble SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MediaMise SERVICE. Scrabble DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MediaMise SERVICE, AND Scrabble WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, Users SHOULD USE Their BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. (VI) ANY COMMUNICATION OR SERVICE OR PRODUCT ARRANGEMENT OR AGREEMENT AMONG TWO OR MORE USERS OF MediaMise THROUGH THE SERVICE.
6. Service Charges
Users of the services agree to pay the applicable charges in advance for the continued usage of the services as and when asked to pay the reasonable charges, decided and communicated to users by Scrabble. Scrabble holds the sole rights to decide or revise the charges from time to time. If users disagree with the charges or levies, exclusive remedy is to discontinue using the services. Any and all taxes and other statutory levis of the governing body of the land for Scrabble and the user has to bourn by the user. Any penalties or punishments towards non-payment, partial payment or such charges or non-compliance of such levies will be sole responsibility of user of the services.
7. Limitation of Liability
IN NO EVENT SHALL Scrabble, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, LOSS OF BUSINESS, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Scrabble CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) ANY COMMUNICATION OR SERVICE OR PRODUCT ARRANGEMENT OR AGREEMENT AMONG TWO OR MORE USERS OF Scrabble THROUGH THE SERVICE (VII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT Scrabble SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The MediaMise Service is controlled and offered by Scrabble from its facilities in the India. Scrabble makes no representations that the MediaMise Service is appropriate or available for use in other locations. Those who access or use the MediaMise Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
8. Indemnity
You agree to defend, indemnify and hold harmless Scrabble, its associates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) use of and access to the MediaMise Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Status Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the MediaMise Service.
9. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 18 years old as the MediaMise Service is not intended for person under 18. If you are under 18 years of age, you are not permitted to use the MediaMise Service. You further represent and warrant that you are not located in a country that is subject to a Indian Government embargo, or that has been designated by the Indian Government as a" terrorist-supporting" country, and that you are not listed on any Indian Government list of prohibited or restricted parties. Scrabble is the developer of the Service, with an address at India, info at ScrabbleTech.com.
10. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Scrabble without restriction.
11. General
You agree that: (i) the MediaMise Service shall be deemed solely based in Indian Geographies; (ii) the MediaMise Service shall be deemed a passive server that does not give rise to personal jurisdiction over Scrabble, either specific or general, in jurisdictions other than India; and (iii) that you agree to subject to the jurisdiction of India (Mumbai) in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of India, without respect to its conflict of laws principles. Any claim or dispute between you and Scrabble that arises in whole or in part from the MediaMise Service shall be decided exclusively by a court of competent jurisdiction located in Mumbai, India. These Terms of Service, together with the Privacy Policy at http://www.MediaMise.com and any other legal notices published by Scrabble, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and Scrabble concerning the MediaMise Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Scrabble's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Scrabble reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the Service. Your continued use of the MediaMise Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Scrabble AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MediaMise SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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