TERMS and CONDITIONS / PRIVACY PLOICY
Terms and Conditions of Service
The following terms and conditions of service constitute a binding legal agreement (the “Agreement”) between You
CUSP DIGITAL SOLUTIONS PVT LTD. (hereinafter referred to as “CUSP” / “we”/ “us”), (which expression shall include its successors and assigns), setting forth the terms and conditions (“T & C”) under which the “Tamizhanda” Social media Application (the ““APP””) and any related services will be licensed to You by “CUSP”.
By accessing, downloading, installing the “APP”, You represent to “CUSP” that You are competent to enter into a contract (i.e. You are a major according to applicable law, of sound mind and not disqualified from entering into a contract under the applicable law) and You have read this Agreement, understand it and agree to be bound by its “T & C”.
Please review the Agreement carefully before accessing, downloading and installation.
- The “APP”
The “APP” and related services are currently made available to You by “CUSP”free of charge, at this point in time. But please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.
The “APP” is a mobile application that fits into the class of social media applications.“CUSP” reserves the right to suspend or withdraw this “APP”, at any time, without notice. More information about the “APP” is available on CUSP’s website www.cusp.digital (“Site”).
You acknowledge and agree that you will provide “CUSP” Your mobile number. You agree to notify “CUSP” immediately of any breach of security or unauthorized use of Your mobile phone. “CUSP” shall not be liable for Your losses caused by any unauthorized use of Your account, You shall be liable for the losses of “CUSP” or others due to any such unauthorized use.
- Application Stores
The “APP” can also be downloaded from third party application stores
Subject to the “T & C” and compliance of the “T & C” hereof “CUSP” shall grant You a license to use the “APP” and related services provided that
(a) You shall use the “APP” solely for Your personal and lawful use only;
(b) You will not, nor allow third parties on Your behalf
(i) to resell or charge others for use of the “APP”
(ii) to duplicate, disassemble, decompile, transfer, exchange or
translate the “APP”, create derivative works of the “APP” of any kind whatsoever or attempt to reverse engineer, alter or modify any part of the “APP”; and
(c) You warrant to otherwise complying with the “T & C” and conditions of this Agreement (the “License”).
This License is personal, nonexclusive, nontransferable, non-sub-licensable, and revocable and a limited license to download and use the “APP” on a mobile device that you own or control.
- Code of Conduct
You represent and warrant that:
- You have the authority and capacity to enter and bind Yourself to this Agreement;
- Your use of the “APP” or the site will be solely for purposes that are permitted by this Agreement;
- You will provide accurate information about Your contact details and Your address list required for use of the “APP”,
- Your use of the “APP” or the site will comply with all applicable local, state, national or international laws (“Laws”) and will not violate any law, regulation, or contractual obligations, and further that
- You will not misuse the “APP” and/ or the site and acknowledge and understand that “misuse” includes, but is not limited to using the “APP” and/ or the site in any manner that
- violates any copyright, trademark, patent or any intellectual property right, discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement;
- unsolicited advertising and messages, promotional materials, junk mail, spam etc;
- is fraudulent, unlawful or contains or promotes defamatory or illegal information and activities, images, materials or descriptions;
- defames, harasses, stalks, threatens or otherwise violates the legal rights of others or is invasive of another’s privacy rights;
- that is vulgar, obscene, offensive, or contains pornography or nudity or otherwise objectionable
- that is racially or ethnically offensive and encourages any conduct that would constitute a criminal offense or that gives rise to civil liability;
- send or store material containing software viruses, worms, or other harmful computer code, files, scripts or programs;
- attempt unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network,
- unauthorized attempt to monitor data or traffic on any network or system without express authorization of the owner of the system or network,
- interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks,
- send harassing or threatening transmissions,
- probe for means of gaining unauthorized access to computers or networks,
- restrict or inhibit any other person from using this “APP” and or Site; and
- You will not impersonate any person or entity, or falsely state or otherwise misrepresent Yourself, Your age or Your affiliation with any person or entity.
- You shall be solely responsible for all contents that You upload, transmit, share or display through the “APP” or the Site, (collectively the “Contents”) including but not limited to any photos, profiles (including Your name and image), messages, information, text, video, music, third party links etc. “CUSP” does not guarantee as to the validity, accuracy or legal status or confidentiality with respect to any Contents and You shall be solely responsible and assume all risks for any consequences of uploading, posting, transfer or disclosure of the Contents.
- You hereby confirm and warrant that the Contents do not violate the representation and warranties provided in Clause 4 above.
- You understand and agree that “CUSP” may review the “APP” and the Site and may delete or remove (without notice) any Content in its sole discretion, for any reason or no reason including any Content that in the sole judgment of “CUSP” violates the “T & C” of this Agreement.
- When You post Your Content vide the “APP” or related services, You grant, and You represent and warrant that You have the right to grant, to “CUSP”, a worldwide, non- exclusive, royalty-free, irrevocable, sub-licensable and transferable license to use, copy, reformat, translate, prepare derivative works, display, excerpts and distribute such Content for or in connection with the use of the “APP” or Site. “CUSP” does not assert any ownership over the Contents and subject to the rights granted to “CUSP” in this Agreement, You retain full ownership of all of Your Contents and proprietary rights associated with the Contents.
- Upon termination of the “APP” (i.e. deletion of the “CUSP” account) from Your mobile device, “CUSP” shall delete all Your Contents from its database and servers within a maximum of 180 days, except to the extent required to be retained by applicable law.
- the app will have moderators that are from various “user communities” and they would “flag” inappropriate/ abusive/ sexually explicit content, basis which we have the right to remove content published. You are expected to follow the ‘CODE OF CONDUCT’- and the app reserves the right to block or remove the user if he/she is found behaving in a fashion/manner that is unacceptable to the app administrator or the other users
- “CUSP” and/or third parties may, from time to time, send email or messages to YOU containing advertisements, special promotions, and other marketing materials (“Email Marketing Programs”) based on the agreed terms between “CUSP” and its selected partner(s). “CUSP” also offers Users permission-based email services. Users must decide to “opt-in” to our email services through a link on the “CUSP” site before they receive any email services, newsletters, special promotions or other marketing materials (“Opt-In Email Programs”). “CUSP” has the right to partner with any email marketers to provide these Email Marketing Programs or Opt-In Email Programs;
- “CUSP” reserves the right to send You periodic communications for the purpose of sharing new updates with You. For the avoidance of doubt, it is clarified that any part of Your Content (viz. Your messages, updates, Profile picture updates) stored by Your contacts/Friends for example locally on their device may remain after You delete your account till it is deleted by such contacts. Similarly any part of Your Content, which is publicly available to other users of “CUSP” who have you in their list of contacts (i.e. the content included in the image uploaded by You and the associated time stamp) stored by Your contacts may remain after You delete Your account till it is deleted by such contacts.
- Modifications to the “APP”
“CUSP” reserves the right at any time and from time to time to interrupt, restrict (without cause and without notice to You), modify or discontinue, temporarily or permanently, the Site, “APP” (or any part thereof) with or without any notice. You agree that “CUSP” shall not be liable to You or to any third party for any modification, suspension or discontinuance of the “APP” or the Site.
You acknowledge and agree that the “APP”, the Site and all trademarks, service marks and trade names and other intellectual property rights associated therewith are, and shall remain, the property of “CUSP” and its licensors, as applicable. All content related to “CUSP” corporate and business activities that are included on the Site and embedded in the “APP”, including any text, graphics, logos, button icons, images, audio clips and software, is the exclusive property of “CUSP” or its licensors and is protected by applicable legislation concerning protection and preservation of intellectual property rights and applicable international treaties governing intellectual property. The compilation (meaning the collection, arrangement and assembly) of all content on the Site and “APP” is also the exclusive property of the “CUSP” and is protected by applicable laws as stated above.
All software used on the Site and the “APP” is the property of “CUSP” or its software suppliers and protected by Indian and international copyright laws. Any use except as specifically permitted, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Site and the “APP” is strictly prohibited except as otherwise permitted by law. All “CUSP” graphics, logos and service names are trademarks of the “CUSP” or its affiliates. “CUSP”’s trademarks may not be used in connection with any product or service that is not CUSP’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits “CUSP”. CUSP’s trademarks may not be used in connection with any product or service except as authorized by “CUSP” in writing.
In the Event of Merger, Sale, or Bankruptcy
In the event that “CUSP” is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.
- Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE “APP” IS AT YOUR SOLE RISK AND DISCRETION.
THE “APP” IS LICENSED “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” YOU BEAR THE RISK OF USING IT. “CUSP”, ON BEHALF OF ITSELF, YOUR-SELF AND ALL WIRELESS CARRIERS OVER WHOSE NETWORK THE “APP” IS DISTRIBUTED, AND EACH OF OUR RESPECTIVE AFFILIATES, AND SUPPLIERS (“DISTRIBUTORS”), GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE “APP”. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, DISTRIBUTORS EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, YOU CAN RECOVER FROM “CUSP” ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE “APP”. YOU AGREE NOT TO SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM ANY DISTRIBUTOR.
“CUSP” MAKES NO WARRANTY AGAINST INTERFERENCE OF YOUR ENJOYMENT OF THE “APP” AND RELATED SERVICES; FOR LOSSES OR DAMAGES INCLUDING ANY PERSONAL INJURY ARISING FROM OR IN ANY WAY RELATED TO YOUR ACCESS OR USE OF THE “APP”, USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE “APP” OR FOLLOWING A FAILURE, SUSPENSION OR WITHDRAWAL OF ALL OR PART OF THE “APP” AT ANY TIME; ANY BUGS, VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR “APP” OR RELATED SERVICES, THAT THE “APP” WILL BE FUNCTIONAL, UNINTERRUPTED, ERROR-FREE OR BUG-FREE OR MEET YOUR REQUIREMENTS; REGARDING THE SECURITY, RELIABILITY OR TIMELINESS OF THE “APP”; THAT ANY ERRORS, BUGS OR FAILURES IN THE “APP” WILL BE CORRECTED.
ACCORDINGLY, YOU EXPRESSLY AGREE THAT USE OF “APP” AND RELATED SERVICES IS PURELY VOLUNTARY ON YOUR PART, AT YOUR OWN RISK AND THEREFORE AGREE TO BEAR ANY AND ALL RISK WHATSOEVER AND/OR HOWSOEVER CAUSED. ANY CONTENT OR MATERIAL DOWNLOADED THROUGH YOUR USE OF THE “APP” IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA OCCURRING ON YOUR DEVICE OR ANY OTHER LOSS OR DAMAGES OF ANY KIND RESULTING FROM THE DOWNLOAD AND USE OF THE “APP”. NO ADVICE, COURSE OF CONDUCT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM “CUSP” OR ANY PARTY OR THROUGH THE “APP” SHALL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THIS AGREEMENT. WHILST “CUSP” SHALL UNDERTAKE ALL REASONABLE EFFORTS AND DUE DILIGENCE TO ENSURE SECURITY AND INTEGRITY, “CUSP” SHALL, IN PARTICULAR, NOT BE LIABLE FOR THE FOLLOWING: DELAY OR ERRORS IN TRANSMISSION AND/OR STORAGE OF INFORMATION TO OR THROUGH “CUSP” THAT MIGHT OCCUR FROM TIME TO TIME; INTRUSION, DISTORTION, LOSS OR FORGERY OF DATA, ETC DUE TO ACT OF ANY THIRD PARTY, FAILURE OF ANY SOFTWARE AND/OR HARDWARE OR TELECOMMUNICATION SERVICE PROVIDER(S) USED BY US OR ANY OTHER ACT BEYOND OUR REASONABLE CONTROL.
YOU SHALL BE LIABLE FOR ANY CONSEQUENCES WHATSOEVER RESULTING FROM ANYTHING TRANSMITTED OR CAUSED TO BE TRANSMITTED BY YOU, TO OR THROUGH THE “APP”.
- Limitation of Liability
To the maximum extent permitted by applicable laws, under no circumstance shall “CUSP”, its directors, employees or agents be liable to You or any third person for personal injury, or any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup Your data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of “APP”, or following a failure, suspension or withdrawal of all or part of the “APP” at any time, any third party content, software or functions used in connection with the “APP” even if “CUSP” or any or all of its agents have been advised of the possibility of such damages.
You agree to indemnify, defend and hold harmless “CUSP”, its subsidiaries, affiliates and agents and each of their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney’s fees) of any kind arising out of:
- Your access to or use of the “APP”, Site and related services;
- any breach by You of Your obligations under this Agreement;
- Your violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary right or trade secret of any person or entity, or of any privacy or consumer protection right that is implicated herein;
- any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation;
- Your negligence or willful misconduct. These obligations will survive termination of this Agreement.
- Force Majeure
“CUSP” shall not be liable to you for any eventuality caused directly or indirectly by any act of God, wars (declared or undeclared), insurrections, acts of terrorism, acts of governments or boycotts, lockouts and other civil unrest, or any act of similar nature beyond “CUSP”‘s reasonable control.
- Amendments to this Agreement
We may in our sole discretion amend this Agreement from time to time without any prior notice. This may include adding new or different “T & C” to, or removing “T & C” from, this Agreement. Such change shall be notified on the website www.cusp.digital. Your use of the “APP” after such notice of any change shall be deemed to be an acceptance to the amended Agreement.
This Agreement commences on the date You accept the “T & C” of this Agreement. “CUSP” may terminate or suspend use of the “APP” or the Site at any time in its discretion, without notice to You. Upon any termination for any reason, “CUSP” shall have no liability to You and no further obligations under this Agreement. Immediately upon termination,
(a) the rights granted to You herein shall terminate;
(b) You must cease all use of the “APP” and related services;
Additionally, Your rights under this Agreement will terminate automatically if You fail to comply with any term(s) of this Agreement including misuse of the “APP” or the Site. All sections that may be reasonably interpreted to or are intended to survive this Agreement will survive this Agreement.
- Entire Agreement
If one or more provisions of this Agreement are held to be unenforceable under Applicable Law(s), the remainder of this Agreement shall be valid and enforceable.
This Agreement may be assigned by “CUSP” to its successors and assigns including if there is any re-organization of “CUSP”.
- Governing Law
This Agreement shall be governed by the laws of India. You irrevocably consent to the exclusive jurisdiction of courts in BANGALORE, India for all disputes arising out of or relating to this Agreement.
Special Note to International Users
All questions or differences arising out of this agreement relating to the interpretation of this agreement or concerning or relating to the rights, duties or liabilities of the parties hereunder, or in respect of any damage or loss occurring to any of the parties on account of the act or omission of the other, or relating to fulfillment of the obligations of the parties under this agreement or matters or any kind whatever arising out or in connection with this agreement (whether during the continuance of the agreement or after its completion and whether before or after the determination or breach of the contract) shall be referred to the arbitration of ____________, sole arbitrator. If the said __________, arbitrator dies or becomes unable to act or refuses to act, the parties may nominate another arbitrator in his place to arbitrate upon the disputes or differences. The parties agree that they shall produce before the arbitrator all books, deeds, papers, vouchers, registers and documents within their possession or control, which the arbitrator may require and call for, in his judgment relating to the matters referred. If the parties neglect or refuse to attend on the reference after reasonable notice, the arbitrator may proceed ex parte. The place of Arbitration shall be BANGALORE and the Language will be UK English. The arbitrator shall keep the minutes of the proceedings of arbitration in English and furnish copies of the same to each party without any cost. The cost of and incidental to the reference and award shall be in the discretion of the arbitrator, who may determine the amount thereof and shall direct by whom and to whom and in what manner the same shall be borne and paid. This reference shall be deemed to be a reference to arbitration within the meaning of the Arbitration and Conciliation Act, 1996 or any statutory modification thereof. The arbitrator shall make his award within six months from the date of entering on the reference or such further extended time as may be decided by him with the consent of the parties. The award of the arbitrator shall be final, conclusive and binding on the parties to this contract. The parties agree that the award of the arbitrator shall not be challenged on any ground excepting fraud, collusion or error apparent on the face of the award. None of the parties shall prosecute the arbitrator concerning the matters referred to arbitration.
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