This section details the terms use of the software application Pikamoji (“Application”) for mobile devices that was created by [Scanta India Private limited]. The Application is [BASIC DESCRIPTION OF THE APP (FEATURES, FUNCTIONALITY AND CONTENT)]
Conditions precedent the use:
- The user should have attained the age of 13 years to use the Services
- Should not must not have been previously removed or suspended from the Services for any reason.
- By installing the application, the user implies it’s consent and warrants that the use is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, obligations, affirmations, representations and warranties
- The User Content is (and will continue to be) true, current, accurate, non-infringing upon any third-party rights, and in no way unlawful for user to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which user resides.
- Pikamoji grants its user the permission to access and use the Services during the Term as set forth in these Terms and consistent with the intended features of the Services, provided that: (i) user use the Services solely for user personal, private, noncommercial purposes; (ii) user do not reproduce, modify, publicly display, publicly perform, or distribute any part of the Services, including any materials obtained from or included within the Services; and (iii) user do not engage in any of the prohibited uses described below.
- User is solely responsible for protecting their account password and other account information.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if user breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Collection of Information:
Pikamoji will be collecting, storing and processing user information in relation to the usage, sharing, storing and recording of Pikamoji etc. Such information will be kept confidential expect in circumstances mentioned in the ‘Disclosure of Information’.
Disclosure of Information:
User acknowledges, consents and agrees that Pikamoji may access, preserve and disclose its account information and User Content (as defined below) if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to a claim that any User Content violates the rights of third parties; (d) to respond to user requests for customer service; or (e) protect the rights, business interests, property or personal safety of Scanta, its users and the public.
The Services are owned and operated by Scanta. The visual interfaces, graphics, design, compilation, information, computer code, Products, software (including any downloadable software), services, and all other elements of the Services provided by Pikamoji("Site Content") are protected by Indian laws, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. User agree and understand that Site Content may include Third Party Content, as set forth in further detail below. All trademarks, service marks, and trade names are proprietary to Pikamoji or its affiliates and/or third parties. User agrees not to sell, license, distribute, copy, reverse engineer, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Site Content, and nothing herein shall be interpreted to grant user any right or license under any intellectual property rights of Pikamoji or any third party.
User Undertakes and Agree to:
- Fully comply with all applicable laws and any other contractual terms which govern its use of the Pikamoji Services (and any related interaction or transaction), including those specific laws applicable of their geographical locations.
- Be solely responsible and liable with respect to any of the uses of the Pikamoji Services which occur under the User Account and/or User Platform(s), and for any of User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the Pikamoji Services);
- Prohibited Uses of the Services. User agree not to use the Services or any aspect or feature thereof for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the proceeding sentence, user agrees that user will not, do or attempt to: Reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any part of the Services, use of the Services, access to the Services, or content obtained through the Services (including without limitation Site Content, Third Party Content, and User Content), for any purpose other than for user’s personal, noncommercial purposes
- Access or use the Services for any commercial or business purpose, including without limitation for comparative or competitive research purposes
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Services, or features that enforce limitations on the use of the Services or any content therein
- Use any manual or automated means to extract and/or compile content from the Services for any commercial purpose or otherwise;
- Threaten, harass, abuse, slander, defame or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortuous, indecent, unlawful, offensive, immoral or otherwise objectionable material or information;
- Create a false identity or impersonate another for the purpose of misleading others as to the identity of the sender or the origin of a message;
- Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious software programs;
- Interfere with or disrupt the Services, networks or servers connected to the Services, or violate the regulations, policies or procedures of such networks or servers;
- Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of all or part of the Services, Site Content, Third Party Content, or User Content, or any other part thereof, except and solely to the extent permitted by law, or otherwise attempt to use or access any of the Services other than as intended;
- Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including by incorporating any such material in user Content;
- Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation (commercial or otherwise); or
- Use the Services in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations.
- use any means to scrape or crawl any Web pages contained in the Site.
- advocate, encourage, or assist any third party in doing any of the foregoing.
THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE SITE, SITE CONTENT, OR ANY OTHER PRODUCT, SERVICE, SOFTWARE, APPLICATION OR INFORMATION PROVIDED BY SCANTA), USER CONTENT, THIRD-PARTY CONTENT, AND ANY OTHER SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
IN PARTICULAR, OUR COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE OR SERVICES. PIKAMOJI AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM USER ACCESS TO OR USE OF THE SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE OR SERVICES.
USER UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT USER OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PIKAMOJI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, WITH RESPECT TO THE PRODUCTS OR SERVICES PROVIDED BY SCANTA.
- Limitation of Liability. IN NO EVENT WILL SCANTA, ITS OFFICERS OR DIRECTORS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) USER USE OF THE SERVICES, SITE CONTENT, THIRD PARTY MATERIALS OR THE SITE; (II) THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE SERVICES OR ANY CONTENT; OR (III) PLANS MADE OR INFORMATION ACQUIRED THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, (I) ANY FEES OR COSTS ASSOCIATED WITH CANCELLED, INTERRUPTED OR DELAYED PLANS; (II) ANY FEES OR COSTS RESULTING FROM MISINFORMATION OR FAILURES IN COMMUNICATION; (III) AND ANY ACCIDENTS OR UNEXPECTED EVENTS OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF PIKAMOJI IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Miscellaneous. This is the entire agreement between user and Pikamoji relating to the subject matter herein, and supersedes all previous communications, representations, understandings and agreements, either oral or written, between user and Pikamoji with respect to said subject matter. In the event any of the provisions of these Terms are held unenforceable or invalid by a court of competent jurisdiction, such provisions shall be deemed severed, and the remaining provisions thereof shall remain in full force and effect. The failure of Pikamoji to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the prior or future performance of any such terms or conditions. User agree that no joint venture, partnership, employment, or agency relationship exists between user and Pikamoji as a result of these Terms or use of the Services. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by user, but may be assigned by Pikamoji without restriction, including by operation of law, merger, or sale of all or substantially all of the assets to which this agreement pertains. Any assignment attempted to be made in violation of these Terms shall be void. The headings and captions in this Agreement are used for convenience only and are not to be considered in interpreting this Agreement.