Terms of Service
Your use of Mobisoc Mobile Applications (defined below) is governed by the following Mobisoc Mobile Applications Terms of Service (“MWTOS”), which incorporates by reference the Mobisoc Terms of Service ("TOS"), each of which may be changed by Mobisoc from time to time without notice to you (collectively, the "Terms of Service"). If you choose to use Mobile Applications after any change to the Terms of Service, it means you agree to such change. At any time you can review the most current versions of the terms of service at www.mobisoc.com
1. DESCRIPTION OF MOBILE APPLICATIONS. “Mobile Application” shall mean a type of software, part of which may reside on a user’s mobile phone and allows him/her to access value added services like search, maps, ticketing, games, etc. It may or may not require a connection to internet for services to be leveraged by customer. These mobile Applications, including the content and services provided therein, are made available for your use by Mobisoc subject to these Terms of Service.
2. MOBILE APPLICATIONS LICENSE GRANT. Subject to the terms and conditions of these Terms of Service and except as otherwise expressly set forth herein, Mobisoc grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable license to download, access, and use the Mobisoc Mobile Applications solely for your personal use.
3. MOBILE APPLICATIONS RESTRICTIONS. You may not do any of the following with any Mobisoc Mobile Applications: (a) decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works or improvements from Mobisoc Mobile Applications or any portion thereof, or attempt to discover any source code, protocols, or other trade secrets in Mobisoc Mobile Applications; (b) obtain or attempt to obtain unauthorized access to the Mobisoc network; (c) incorporate Mobisoc Mobile Applications into any hardware or software device that is not your personal mobile device; (d) use, export, or re-export Mobisoc Mobile Applications in violation of applicable Indian laws or regulations; (e) sell, lease, loan, distribute, transfer, or sublicense Mobisoc Mobile Applications or access thereto or derive income from the use or provision thereof, whether for direct commercial or monetary gain or otherwise, without Mobisoc 's prior, express, written permission; (f) use Mobisoc Mobile Applications in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Service; and (g) use Mobisoc Mobile Applications for any enterprise, commercial, or human safety purposes as the Mobisoc Mobile Applications were not designed for such purposes. Any Mobisoc Mobile Widget’s failure in such cases could lead to injury or damage for which you agree that Mobisoc is not responsible.
4. OWNERSHIP AND RESERVATION OF RIGHTS. Mobisoc Mobile Applications, including any content or services provided therein, are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these Terms of Service. These Terms of Service grant you no right, title, or interest in any intellectual property owned or licensed by Mobisoc , including, without limitation, the Mobisoc Mobile Applications and Mobisoc trademarks, and creates no direct relationship between your and Mobisoc ’s licensors, or between you and Mobisoc other than that of licensor to licensee under these Terms of Service. All rights in the Mobisoc Mobile Applications, including any content or services provided therein, not expressly granted to you are reserved by Mobisoc , its licensors, or their respective owners.
5. SUPPORT AND UPDATES. Mobisoc may offer upgrades or updates to the Mobile Applications in its sole discretion. Mobisoc may change, suspend, or discontinue any aspect of the Mobisoc Mobile Applications at any time without notice to you. Mobisoc may also impose limits on certain features and services or restrict your access to parts or all of the Mobisoc Mobile Applications without notice or liability. Mobisoc may not offer any technical or maintenance support for the Mobisoc Mobile Applications.
6. FEES AND PAYMENTS. Mobisoc reserves the right to charge fees for future use of or access to the Mobisoc Mobile Applications or the Mobisoc content and services relating thereto in Mobisoc 's sole discretion.
7. THIRD PARTY APPLICATIONS. When you download, access, and/or use Third Party Applications, you understand that Mobisoc is not responsible for your use of or inability to use any such Third Party Applications including, without limitation, the content, services, accuracy, or reliability of such Third Party Applications and the privacy practices or other policies of the third party. YOUR DOWNLOAD, ACCESS, AND/OR USE OF ANY THIRD PARTY APPLICATIONS IS AT YOUR OWN RISK. Third parties may require you to agree to their own terms of service, privacy policies, and/or other policies as a condition of using their Applications. Those terms and/or policies may give third parties rights beyond those provided by these Terms of Service. PLEASE REVIEW SUCH THIRD PARTYS’ APPLICABLE TERMS AND/OR POLICIES CAREFULLY.
8. THIRD PARTY SOFTWARE, HARDWARE, AND SERVICES. You are responsible for all third party software, hardware, and services used in connection with the Mobisoc Mobile Applications. Any third party software, hardware, and services (whether required or optional) that you use in conjunction with Mobisoc Mobile Applications, is the sole responsibility of such third party, and is subject to the terms, conditions, warranties and disclaimers provided by such third party.
9. DISCLAIMER OF WARRANTIES. USE OF MOBISOC MOBILE APPLICATIONS AND ANY DATA, CONTENT, OR SERVICES ACCESSED THROUGH MOBISOC MOBILE APPLICATIONS (SUCH AS STOCK QUOTES, MARKET INFORMATION, NEWS, OR OTHER INFORMATION OR SERVICES) IS AT YOUR SOLE RISK AND SUCH OFFERINGS ARE PROVIDED "AS IS."
ANY MATERIAL OR SERVICE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF MOBISOC MOBILE APPLICATIONS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD AND/OR USE OF ANY SUCH MATERIAL OR SERVICE.
THE MOBISOC ENTITIES AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO MOBISOC MOBILE APPLICATIONS AND ANY DATA, CONTENT, OR SERVICES ACCESSED THEREFROM, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF MOBISOC MOBILE APPLICATIONS AND ANY DATA, CONTENT, OR SERVICES ACCESSED THEREFROM, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IF MOBISOC MOBILE APPLICATIONS OR ANY DATA, CONTENT, OR SERVICES ACCESSED THEREFROM PROVES DEFECTIVE, YOU (AND NOT THE MOBISOC ENTITIES OR THE LICENSORS) ASSUME THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF THE MOBISOC ENTITIES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH A DEFECT OR DAMAGES. SOME JURISDICTIONS DO NOT ALLOW RESTRICTIONS ON IMPLIED WARRANTIES SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
10. INDEMNIFICATION. You agree to indemnify and hold Mobisoc harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with or arising out of your download, access, and/or use of Mobisoc Mobile Applications, including any content or services provided therein, your violation of any term or condition of these Terms of Service, your violation of applicable laws or any rights of another person or entity.
11. LIMITATION OF LIABILITY. MOBISOC AND LICENSORS ARE NOT LIABLE TO YOU FOR ANY AND ALL DIRECT, INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO MOBISOC MOBILE APPLICATIONS, ANY DATA, CONTENT, OR SERVICES ACCESSED THEREFROM, YOUR USE OR INABILITY TO USE OR ACCESS MOBISOC MOBILE APPLICATIONS, OR ANY DATA, CONTENT, OR SERVICES ACCESSED THEREFROM, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. DAMAGES EXCLUDED BY THIS PARAGRAPH INCLUDE, WITHOUT LIMITATION, THOSE FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, AND LOSS OF BUSINESS OR PERSONAL INFORMATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS RESTRICTION MAY NOT APPLY TO YOU.
12. TERMINATION. These Terms of Service continue until terminated by either party. You may terminate these Terms of Service by discontinuing use of all Mobisoc Mobile Applications and by destroying all your copies thereof. These Terms of Service terminate automatically if you violate any term hereof, Mobisoc publicly posts a written notice of termination on Mobisoc 's web site, or Mobisoc sends a written (including email or text message) notice of termination to you directly. Your obligations in these Terms of Service survive any termination of these Terms of Service.
13. Entire Agreement. These Terms of Service and the Mobisoc Privacy Policy constitute the entire agreement between you and Mobisoc and governs your use of Mobisoc Mobile Applications, superseding any prior agreements between you and Mobisoc with respect to Mobisoc Mobile Applications. In the event of any conflict between the terms and conditions of this MWTOS and those in the TOS, the terms and conditions of this MWTOS control, except to the extent that the TOS impose additional restrictions and liabilities on your actions.
14. Choice of Law and Forum. These Terms of Service and the relationship between you and Mobisoc shall be governed by the laws of India without regard to its conflict of law provisions. Any claim, dispute or difference whatsoever arisen or arising, as the case may be, between the Parties out of or relating to this Terms of Service shall be submitted to the competent Court of Law at New Delhi in India. 4.
15. Waiver and Severability of Terms. The failure of Mobisoc to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
16. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Mobile Applications or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The titles in these Terms of Service are for convenience only and have no legal or contractual effect.
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