The http://www.mobatia.com, http://mobs.mobatia.com and http://blog.mobatia.comwebsites (together, with the related pages accessible from www.mobatia.com, the "Website") and the related services (including, without limitation, the Mobile applications across the platforms, Mobile Client and WAP services, Mobile Server applications, API systems other features, content or applications) (collectively, the "Service") are operated by Mobatia Technology private limited, an Indian Private limited company, and its corporate partners (collectively, "Mobatia" "us," "we," or the "Company").
By visiting and/or using the Website and/or any of the Mobatia Services, you signify that you have read, understand and agree to be bound by these Terms of Service ("Terms of Service" or "Agreement"). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post changes to these Terms of Service on this page and indicate at the bottom of this page the Terms of Service's effective date. Your continued use of the Website and/or Service after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, please do not use or access the Website or the Service. It is your responsibility to regularly review these Terms of Service.
Please note that you are not allowed to use the Service in territories where offering or using such services is forbidden by law. By agreeing to these Terms of Service, you have explicitly agreed that you have verified in your own territory if the offering and use of such services is allowed. Please note that you are not allowed to use the Service for any purpose which is not obeyed by the laws of the country you are in. By agreeing to these Terms of Service you have explicitly agreed that you obey the laws and operate the services only for the purposes observed under the laws of the territories.
These Terms of Service apply to all users of the Website and the Service, including users who are also contributors of user submitted content, information, and other materials or services on the Website and/or any Mobatia Service.
A. Mobatia hereby grants you permission to use the Website and the Service as set forth in these Terms of Service, provided that: (i) your use of the Website and the Service is permitted solely for your personal, non-commercial use on platforms specified by Mobatia; (ii) you will not copy, distribute, prepare derivative works of, display, perform, transmit, sell, license or otherwise exploit any part of the Website or the Service in any medium without prior written authorization, except that you may copy portions of the Service as needed to download, install and run client software as provided by Mobatia with the Service; and (iii) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website or Service, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You agree not to use the Website or the Service to impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Mobatia immediately of any breach of security or unauthorized use of your account. Although Mobatia will not be liable for your losses caused by any unauthorized use of your account, you may be liable to others as well as us if your account is used in violation of these Terms of Service.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website. Notwithstanding the foregoing, Mobatia grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Mobatia reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any form of solicitation. You agree not to solicit, for commercial purposes, any users of the Website or the Service with respect to their User Submissions.
The content on the Website and the Service, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, pictures, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Mobatia, subject to copyright and other intellectual property rights under Indian Copy rights act and foreign laws and international conventions. Such Content is provided to you AS IS for your information and personal, non-commercial use only and you shall not use, copy, distribute, prepare derivative works of, display, perform, transmit, sell, license, or otherwise exploit the same for any other purposes whatsoever without the prior written consent of the respective owners or except as otherwise permitted herein. You may download and make personal, non-commercial use and copies of User Submissions that are displayed by Mobatia with a "download" or similar link on the Website and/or the Service. Mobatia reserves all rights not expressly granted in and to the Website, the Service and the Content. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website, the Service or features that prevent or restrict use of copying of any Content or enforce limitations on use of the Website or the Service or the Content therein.
A. The Websites may support the submission by you and other users of content, which may include text, graphics, pictures, photos, sounds, music, videos, contacts, SMS, office documents or other communications (collectively, "User Submissions"), and also supports the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Mobatia does not guarantee any confidentiality with respect to any submissions. Such submissions are user access restricted and not published to the public. Videos shared to the social sites and public network will be available to the entire user those who access the Website.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Mobatia to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name and likeness of each and every such identifiable individual person included in a User Submission in order to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain your ownership rights in your User Submissions. However, by submitting the User Submissions to Mobatia, you hereby grant Mobatia a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, prepare derivative works of, display, perform and transmit the User Submissions in connection with the Website and the Service and Mobatia's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website and/or the Service (and derivative works of either) in any media formats and through any media channels. You also hereby grant each user of the Website and/or the Service a non-exclusive license to access your User Submissions through the Website and/or the Service, and to use, copy, distribute, prepare derivative works of, display, perform and transmit such User Submissions as permitted through the functionality of the Website and/or the Service and pursuant to these Terms of Service.
C. In connection with User Submissions, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Mobatia all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Mobatia or any third-party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, content intending to be used for terror activities or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. Mobatia does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and Mobatia expressly disclaims any and all liability in connection with User Submissions. Mobatia does not permit copyright infringing activities and infringement of intellectual property rights on its Website or the Service, and Mobatia will remove all Content and User Submissions if properly notified that such Content or User Submission infringes another's intellectual property rights. Mobatia reserves the right to remove Content and User Submissions without prior notice. Mobatia also reserves the right to terminate a User's access to its Website and Service, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website and/or the Service more than twice. Mobatia also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Mobatia may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
E. You understand that when using the Website and/or the Service, you will be exposed to User Submissions from a variety of sources, and that Mobatia is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Mobatia with respect thereto, and agree to indemnify and hold Mobatia, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
F. Mobatia permits you to link to materials on the Website and the Service only for your personal, non-commercial use.
G. Mobatia reserves the right to change, modify, add and/or discontinue any aspect of the Website and/or the Service at any time. In addition, from time to time Mobatia may establish or change practices and limits concerning use of the Website and/or the Service, such as the maximum size or duration of any video or other Content used on the Website or the Service, the maximum number of videos or other Content that you may use on the Website or the Service, the maximum storage space allocated to your account, maximum duration of video streaming content, maximum number of user Submissions (such as images, videos, contacts, SMS , office documents and other files) and/or the maximum number of times or maximum duration for which you may access the Website or the Service during a specified time period.
You understand that the Website and the Service are available for your personal, non-commercial use only. You agree not to knowingly create channel names (which shall, without limitation, constitute User Submissions) that infringe on a trademark, copyright or other proprietary rights. You also agree not use the Website and Service in such a way as to prevent or interfere with the usage of others. You acknowledge and agree that in the event you permit User Submissions by other users to your channel, you shall be solely responsible for ensuring that such User Submissions comply with the terms of this Agreement. Mobatia reserves the right to discontinue access to all or any part of the Website and/or the Service to any user whose usage is deemed, in Mobatia’s sole discretion, to interfere with or discourage the reasonable usage of the Website and the Service by others.
Mobatia uses the data connection on your mobile phone for uploading videos, Streaming videos, send notifications, send invitations notifications (SMS uses Carrier network SMS capabilities on your mobile phone). Message and data rates may apply.
If you have purchased any premium or other fee-paid offering from Mobatia such as Mobile client applications, you agree to pay all charges for your use of such offering(s) at the prices then in effect, as well as applicable value added, sales or other taxes, if any. Mobatia reserves the right to change prices or promotions or institute new pricing or promotions for access to or use of all or any portion its offerings. Payments would be one time or per service or licensed based subscription based on the sole discretion of Mobatia. ALL CHARGES ARE NON-REFUNDABLE.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICE SHALL BE AT YOUR SOLE RISK. THE WEBSITE AND THE SERVICE AND ALL CONTENT, DATA, MATERIALS, ADVERTISING AND DOCUMENTATION PROVIDED IN CONNECTION WITH THE WEBSITE AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, MOBATIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. MOBATIA DOES NOT WARRANT THAT THE WEBSITE AND SERVICE WILL BE PROVIDED ERROR-FREE, UNINTERRUPTED, COMPLETELY SECURE OR VIRUS FREE. MOBATIA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MOBATIA 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, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL MOBATIA, 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, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (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 INTERRUPTIONS OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V), ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN 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 WEBSITE, 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. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT MOBATIA 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 Website is controlled and offered by Mobatia from its facilities in Trivandrum, Kerala, India. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Mobatia, its parent corporation, 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) your use of and access to the Website and the 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 any of your User Submissions caused damage to any third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website and the Service.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able 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 over the age of 13, as the Website and the Service is not intended for children under the age of 13. If you are under 13 years of age, then please do not use the Website or the Service. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mobatia without restriction.
Effective Date: October 30, 2010