8. SOCIAL
MEDIA
As
part of the functionality of the Services, you may link your account with
online
accounts you have with third-party service providers (each such account, a
"Third-Party Account") by either: (1) providing
your
Third-Party Account login information through the Services; or (2) allowing
us
to access your Third-Party
Account,
as is permitted under the applicable terms and conditions that govern your
use
of each Third-Party Account.
You
represent and warrant that you are entitled to disclose your Third-Party Account login
information
to us and/or grant us access to your Third-Party Account, without
breach
by you of any of the terms and conditions that govern your use of the
applicable
Third-Party Account, and
without
obligating us to pay any fees or making us subject to any usage limitations
imposed by the third-party service provider of the Third-Party Account. By granting
us
access to any Third-Party
Accounts,
you understand that (1) we may access, make available, and store (if
applicable)
any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on
and
through the Services via your account, including without limitation any
friend
lists and (2) we may submit to and receive from your Third-Party Account additional
information to the extent you are notified when you link your account with
the
Third-Party Account. Depending
on
the Third-Party Accounts you
choose
and subject to the privacy settings that you have set in such Third-Party Accounts, personally
identifiable information that you post to your Third-Party Accounts may be
available
on and through your account on the Services. Please note that if a Third-Party Account or associated
service becomes unavailable or our access to such Third-Party Account is terminated
by
the third-party service provider, then Social Network Content may no longer
be
available on and through the Services. You will have the ability to disable
the
connection between your account on the Services and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS
ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to
review any Social Network Content for any purpose, including but not limited
to,
for accuracy, legality, or non-infringement, and we are not responsible for
any
Social Network Content. You acknowledge and agree that we may access your
email
address book associated with a Third-Party Account and your
contacts
list stored on your mobile device or tablet computer solely for purposes of
identifying and informing you of those contacts who have also registered to
use
the Services. You can deactivate the connection between the Services and
your
Third-Party Account by
contacting
us using the contact information below or through your account settings (if
applicable). We will attempt to delete any information stored on our servers
that was obtained through such Third-Party Account, except the
username and profile picture that become associated with your
account.
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. ADVERTISERS
We allow
advertisers
to display their advertisements and other information in certain areas of the Services, such
as
sidebar advertisements or banner advertisements. We simply provide the space to place such
advertisements, and we have no other relationship with advertisers.
11. 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.
12. PRIVACY
POLICY
We care about
data
privacy and security. By using the Services, you agree to be bound by our Privacy Policy
posted
on the Services, 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
.
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
. Share Promptz 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
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each a
"Dispute" and collectively, the "Disputes")
brought by either you or us (individually, a "Party"
and
collectively, the "Parties"), the Parties
agree
to first attempt to negotiate any Dispute (except those Disputes expressly provided below)
informally for at least thirty (30) days before initiating
arbitration. Such informal negotiations commence upon written notice from one Party to the
other
Party.
Binding Arbitration
Any dispute arising out of or in connection with these Legal Terms, including any question
regarding
its existence, validity, or termination, shall be referred to and finally resolved by the
International Commercial Arbitration Court under the European Arbitration Chamber (Belgium,
Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of
referring
to it, is considered as the part of this clause. The number of arbitrators shall be four (4). The seat, or legal place, or arbitration shall be
Patna,
India
. The language of the proceedings shall be English and Hindi
.
The governing law of these Legal Terms shall be substantive law of
India
.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with any
other
proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a
class-action
basis or to utilize
class action procedures; and (c) there is no right or authority for any Dispute to be
brought
in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and
Arbitration
The Parties agree that the following Disputes are not
subject
to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes
seeking to enforce or protect, or concerning the validity of, any of the intellectual property
rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If
this provision is found to be illegal or unenforceable, then neither Party will elect to
arbitrate
any Dispute falling within that portion of this provision found to be illegal or unenforceable
and
such Dispute shall be decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
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
AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE six (6) mONTH
PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING
.
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. CALIFORNIA
USERS AND RESIDENTS
If
any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
24. 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.
25. 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:
Share Promptz
Rohtas
Dist. Rohtas
, Bihar
821307
India
Phone: +919826834541
sharepromptz@gmail.com