Terms and Conditions

VuLiv™ Terms and Conditions 

Terms of Use
Registration and User Data
Submission of Content
Use of Content
Restrictions
Advertising and Linking
Use of Provided Communications Methods
Proprietary Rights
Liability Disclaimer and Indemnity
Termination
Notice and Procedure For Making Claims of Infringement
General

Terms of Use

This site and the Application available in connection with this site (the “Application”) are made available to you by MOBI SERVE PRIVATE LIMITED, doing business as Company (“VuLiv,” “we” or “us” or “Company”), subject to these terms and conditions, the Company  Terms and Conditions and the Company Privacy Policy (collectively, the “Terms”). Your continued use of the Application constitutes your agreement to the Terms, which may be updated by us from time to time with or without notice to you. You can review the most current version of the Terms at any time at Terms of Use and Privacy Policy. Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Application or any portion thereof with or without notice to you or any third party. The Application is not made, intended for, and is not designed to attract children under 13 years of age.

Registration and User Data

We may require you to register or otherwise provide information about yourself in order to use the Application or certain specific functionalities.  You agree to: (a) provide true, accurate, current and complete information about yourself  (“User Data”)  the Application; and (b) maintain and promptly update any User Data provided during registration, if applicable, to keep it accurate and current. You consent and agree that Company may access, preserve and disclose your User Data if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer Application; or (v) protect the rights, property or personal safety of “Company”, its users and the public.

You agree to allow us to filter your text messages (SMS’s) on your device and facilitate you by converting these text messages to a rich media for better understanding and user benefit. If you wish to disable this feature, you can do it by switching MixVu off from the settings.

Submission of Content

We may provide the means for you to submit information, data, text, sound, photographs, graphics, video, messages or other materials (“Content”) to the Application. You are solely responsible for any Content that you submit and the consequences of submitting it. You agree not to submit any Content to Application unless you have received all necessary rights and authorizations to submit such Content, and by submitting said Content, you affirm you have all such rights and authorizations. Company may, in its sole discretion but without any obligation to search for such, remove Content that is alleged to have been submitted in violation of this provision. In addition, Company may require additional evidence of compliance with this provision from users who are alleged to have submitted Content in violation of this Agreement. Company will, in its sole discretion, terminate the accounts of, and refuse Application to, any user who repeatedly or knowingly violates this Agreement.

Use of Content

You understand that all Content available in connection with the Application are the sole responsibility of the person/partner from whom such Content originated. Company does not control or monitor the Content available in connection with the Application and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Application, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Company be liable to you or any third party in any way for any Content, including, but not limited to, Content that is offensive, indecent or objectionable, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Application.
You acknowledge that Company may or may not pre-screen or monitor Content, but that Company and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse, disable access to or remove, any Content that is available via the Application. In addition to the content being submitted by you, we have tried to show/offer different content to you from in the application from our authorized content partners who keep us informed against the content being made available via our application. These partners may have their own privacy policy & term of use, which can be accessed via following links:

Similarly we have certain experience fulfilment partners as well as their respective privacy policy & term of use can be accessed via following links:

Restrictions

Except as expressly provided otherwise by Company, the Application is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer or sell for any commercial purposes any portion of the Application, use of the Application or access to the Application.  You agree to not use the Application to transmit or otherwise make available: (a) any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable or in violation of the rights of another person; (b) any Content that you do not have a right to make available under any law (including intellectual property laws) or under contractual or fiduciary relationships; (c) any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”. or any other form of solicitation; or (d) any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You further agree not to: (i) interfere with or disrupt the Application or servers or networks connected to the Application in any manner, or disobey any requirements, procedures, policies or regulations of networks connected to the Application; (ii) use the Application to intentionally or unintentionally violate any applicable local, state, national or international law (including but not limited to export control laws); (iii) use the Application to harm minors in any way; or (iv) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. You agree not to access the Application: (a) by any means other than through the interface that is provided by Company for use in accessing the Application; (b) through any automated means (including the use of any script, web crawler, robot, spider or scraper); or (c) by forging or manipulating identifiers in order to disguise the origin of any access to the Application. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.

Advertising and Linking

Your correspondence or business dealings and communications with, or participation in promotions of, advertisers or other third parties found on or through the Application, including payment and delivery of related goods or Applications, and any other terms, conditions, warranties or representations associated with such dealings, are solely your responsibility and at your own risk. You acknowledge and agree that Company is not responsible for, and does not endorse, Content, advertising, products or other materials on or available from, external sites or resources accessible via the Application.

Use of Provided Communications Methods

You agree to use communication methods available on the Application (if any) only to send communications and materials related to the subject matter for which Company provided the communication method and only subject to these Terms. You agree that (a) all communication methods constitute public means of communication between you and the other party or parties, and (b) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by Company in any manner, though Company reserves the right to do so at any time at its sole discretion in accordance with the Terms.

Proprietary Rights

You acknowledge and agree that the Application, any necessary software used in connection with the Application (“Software”) and any Content available on the Application contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You acknowledge and agree that the Application is provided to you solely as a Content streaming or “download to view only” Application. You agree not to retain any copy of the Content provided via the Application after viewing it, even if your device is capable of retaining Content in its internal or removable memory. Company grants you a personal, non-transferable and non-exclusive license to access and use the Application on a single device solely as contemplated in these Terms, provided that you do not reverse engineer or otherwise attempt to discover any source code of the Application.
The term Company, the stylized Company logo(s), device marks and any other Company product and Application names are the exclusive trademarks of, and are owned by, MOBI SERVE PRIVATE LIMITED, and you may not use or display such trademarks in any manner without MOBI SERVE PRIVATE LIMITED’s prior written consent. Any third party trademarks or Application marks displayed on the Application are the property of their respective owners.
In addition to Your content uploaded on the Application, if you provide comments, suggestions or feedback about, or in connection with, the Application to Company or its site, you hereby grant to Company a perpetual, irrevocable, non-exclusive, fully-paid-up license to use, reproduce, modify, create derivative works of, make, have made, sell, offer for sale, distribute, import and otherwise exploit such suggestions or feedback in connection with the products, Applications and business of Company, including the right to sub-license any of the foregoing rights to others.

Liability Disclaimer and Indemnity

THE INFORMATION, SOFTWARE, PRODUCTS, APPLICATIONS, EXPERIENCES AND CONTENT AVAILABLE ON THE APPLICATION ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, APPLICATIONS AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. COMAPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE APPLICATION WILL MEET YOUR REQUIREMENTS OR THE CONTENT WILL BE VIEWABLE TO YOU; (b) THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED; OR (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION WILL BE ACCURATE OR RELIABLE.
IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE APPLICATION OR ANY INFORMATION, SOFTWARE, PRODUCTS, APPLICATIONS, THIRD PARTY DEALINGS, EXPERIENCES, OR CONTENT OBTAINED OR ACCESSED THROUGH THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify and hold Company and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claims, demands, costs, losses, damages, liabilities, judgments and expenses, including reasonable attorneys’ fees, arising out of or in connection with any claim, action or proceeding by any third party due to or arising out of Content you transmit or otherwise make available through the Application, your use of the Application, your connection to the Application, your violation of the Terms, Your use of your usage of experience fulfilled by our authorized experience partners or violation of any rights of another person or entity.

Termination

You agree that Company may, in its sole discretion, suspend or terminate your account and/or access to the Application for any reason or no reason, with or without prior notice. Any licenses contained in the Terms will terminate automatically without notice if you fail to comply with any provision of these Terms o as we may deem appropriate.

Notice and Procedure for Making Claims of Infringement

Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Company’s Copyright Agent the information specified below. Please note that this procedure is exclusively for notifying Company that your copyrighted material has been infringed or your intellectual property rights have been violated.
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Application;
(d) Your address, telephone number and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Company’s Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached by clicking here (http://www.vuliv.com/privacy-policy/

Company

We may forward any notice(s) of alleged infringement pursuant to this Section to the person(s) who provided the allegedly infringing content.

General

You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of the Terms or your use of the Application. The Terms constitute the entire agreement between you and Company with respect to your use of the Application. The failure of Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. The Terms and the relationship between you and Company shall be governed by the laws of the India without regard to its conflict of law provisions. All claims arising out of or relating to these Terms or the Application shall be litigated exclusively in the federal and state courts of India and you consent to personal jurisdiction in those courts. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.

(c) VuLiv, 2015-16. All rights reserved.

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