Created on: 10th August 2007 | Last Modified on: 19 January 2008
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE JOINING AND USING MOQQA.COM
This agreement is made between MOQQA.com and you as a MOQQA.com member and / or as a MOQQA.com visitor. By using the MOQQA.com portal you agree to abide and adhere to the terms as specified here. Kindly print these Terms of Use or save a copy of these Terms of Use for your records. If you do not agree to any of these terms, then please do not use the MOQQA.com portal.
Changes to Terms of Use
MOQQA.com reserves all the rights to modify the Terms of Use and this may be done without prior notice to the MOQQA.com members / visitors. The members / visitors are required to periodically check the MOQQA.com Terms of Use for any changes. Your use of the MOQQA.com Portal following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. MOQQA.com also reserves the right to modify or terminate any or all of its services without any prior notice and without any liability to you or any third party.
None of the matter in these Terms of Use should be construed to confer any rights to third party beneficiaries.
Eligibilty and Registration
You are required to be 18 years or older in order to use MOQQA.com. When you register with us it is presumed that you have attained the stipulated age and have the capacity to understand and enter into an agreement with us on the Terms of Use. MOQQA.com undertakes no responsibility to verify the age of the users.
MOQQA.com at its discretion can cancel your registration on having found a violation of the above clause.
MOQQA.com also reserves the rights to cancel your registration if it is found that (a) the Username adopted by you impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, (b) the data or information provided by you during registration or while updating your profile is incorrect or inappropriate, (c) your display photo is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, OR for any other reason at our sole discretion.
All information that you provide during registration (except for your personal email id and account password) forms part of your Profile in MOQQA.com and will be displayed in your Profile Card and Full Profile within MOQQA.com. Your Profile Card and Full Profile containing the information (except for your personal email id and account password) that you voluntarily provide during registration and profile updation can be accessed, viewed, downloaded and reproduced by other MOQQA.com members. Also, the other content you post in MOQQA.com like Activity Ideas-Events, Creatives, Blogs, Wazzup Snips, Forums, Music, Photos, Videos, Comments etc. can be accessed, viewed, downloaded and reproduced by other MOQQA.com Members. Other MOQQA.com members may also contact you with respect to your posts and content, for which MOQQA.com does not take any responsibility.
Advertising
MOQQA.com has the right to display advertisements of its own products, services, contests etc., as well as that of third parties' products, services, contests, offers etc. across any part of the portal.
MOQQA Contests
MOQQA might run its own Exciting and Fun Contests. If MOQQA Members participate in the Contests, it would mean that they accept and fully agree to the Contests' Terms and Conditions. Check against Inappropriate Use
Only individuals can register and use MOQQA.com. All MOQQA.com members should refrain from doing illegal activities in MOQQA.com, spamming other MOQQA.com members with commercial messages promoting products / services, and other unauthorised use of the portal. This is with special reference to posting any data or information that has proprietary rights attached to it as well as material with pornographic content. Your MOQQA.com profile must not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. STRINGENT PENAL AND CRIMINAL ACTIONS WILL BE INITIATED AGAINST THOSE FOUND INDULGING IN ABOVE REFERRED ACTIVITIES.
You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ("Materials") that you submit, post, and display in MOQQA.com.
MOQQA.com does not monitor the content posted by MOQQA.com members. We may however remove content or materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringe or violate any party's intellectual property or other proprietary rights or these Terms of Use.
Other examples of illegal or unauthorized uses include, but are not limited to:
• modifying, adapting, translating, or reverse engineering any portion or services of MOQQA.com;
• removing any copyright, trademark or other proprietary rights notices contained in or on the MOQQA.com;
• using any robot, spider, site search / retrieval application, or other devices to retrieve or index any portion or services of MOQQA.com;
• collecting any information about other Members (usernames, email addresses, mobile numbers, photos, videos, other posted content) for unauthorized or unlawful purposes;
• reformatting or framing any portion of the web pages that are part of MOQQA.com;
• creating user accounts by automated means or under false or fraudulent pretenses;
• creating or transmitting unwanted electronic communications such as "spam" to other Members or otherwise interfering with other MOQQA.com members' use and enjoyment of the services;
• submitting Materials of any third party without such third party's prior written consent;
• submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by MOQQA.com;
• submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party;
• transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature;
• submitting Materials that are unlawful or promote or encourage illegal activity; or
• submitting false or misleading information.
MOQQA.com's Proprietary Rights
We respect the intellectual property right of the users and third parties. We have made best efforts to provide references wherever necessary about the proprietary information of any type of intellectual property used on our Website. We require you to respect the same. On similar terms you agree not to violate others Trademarks or Copyrighted material and will not make MOQQA.com a means for such infringement.
This platform facilitates you to contribute/upload, tag, access videos, photos, images, audio files or any combination thereof (“Content”) owned or created by you or for which you own the rights/permissions and also search user contributed content.
You shall be solely responsible for any and all activity happening through your account. By posting the content you represent and warrant that you either own or otherwise control all the rights in the content including but not limited to the intellectual property rights, right to post, upload, input or submit the content. You further represent and warrant that you own or have the necessary licenses, consents, permissions and rights including intellectual property rights and all proprietary rights to the said content including any video, audio or other works of art comprised therein and that you are authorized to upload the said content.
You retain the ownership of the content contributed by you into this Service. MOQQA.com does not claim any ownership in the content posted by you including without limitation the feedback and suggestions provided.
Notice of infringement:
We once again state that we do not monitor or pre-screen the activities and the contents posted by the Members. If in any case you have reasons to believe that your protected work has been infringed by a user you may be required to do the following:
You may send a request to us notifying about the infringed material. You may send your request by email at contactus(at)moqqa.com
Notification of claimed infringement must be an email addressed to us and the "Notice" must include substantially all of the following:
• a digital signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed
• a description of the copyrighted work or works that you claim have been infringed ("infringed work") and identification of what material in such work(s) is claimed to be infringing ("infringing work") and which you request to be removed or access to which is to be disabled
• a description of the name of the infringing work (and the location of the infringing work, if it appears on MOQQA.com)
• information sufficient to permit MOQQA.com to contact you, such as your physical address, telephone number, and email address
• a statement by you that you have good faith that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law
• a statement by you that the information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
We may at our discretion investigate into the alleged infringement and if we deicide, remove the content from MOQQA.com. It will be the sole discretion of MOQQA.com to block the Members' accounts involved in such infringement. The judgment of MOQQA.com shall not be questioned in any court of law.
Privacy Policy
Our collection and use of personal information is governed by our Privacy Policy. Click here to read the MOQQA.com Privacy Policy. You understand and agree that MOQQA.com may access, preserve, and disclose your personal information and the contents of your account if required to do so by law or in a good faith that such access preservation or disclosure is reasonably necessary to comply with legal process or to protect the rights and property of MOQQA.com, its affiliates or the public.
Disclaimer of Warranties
The Terms of this Disclaimer clause shall be construed “Notwithstanding” anything contrary contained in this agreement.
MOQQA.com and its affiliates, licensors, partners, suppliers, consultants and agents ("MOQQA") disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed in MOQQA.com. MOQQA.com disclaims any and all responsibility and liability for the conduct of any MOQQA.com Member.
THE MOQQA.COM SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE MOQQA.COM SERVICES), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. MOQQA.COM EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
YOU AGREE THAT YOUR USE OF THE MOQQA.COM SERVICES IS ENTIRELY AT YOUR OWN RISK.
Disclaimer as to Download
MOQQA.com makes every effort to ensure that the information contained in the MOQQA.com Portal is in accordance with the facts and does not omit anything likely to affect the import of such information. MOQQA.com also tries to ensure that its computer infrastructure is error-and virus-free but does not warrant that any material available for downloading from the MOQQA.com Portal will be free from infection, viruses and/ or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
We also state that the services of MOQQA.com is provided on “AS is” basis. However, we make constant effort to provide you with correct and updated information but some of its contents may be incorrect or out-of-date and are subject to change without notice. We disclaim, to the fullest extent of the law, and do not accept liability for the accuracy of all content at any given point in time. MOQQA.com does not warrant that the functions contained in the MOQQA.com Portal will be uninterrupted or error-free. You may not hold MOQQA responsible for data loss during maintenance, coding / system errors, or any sort of confusion caused due to use of MOQQA.com services.
Disclaimer and Content Monitoring Policy
It is MOQQA.com's policy not to monitor the contents posted by MOQQA.com Members and third parties on the MOQQA.com portal. For all the content posted in MOQQA.com, MOQQA.com shall be deemed as “distributor” and not “publisher” of such information. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or Members, are those of the authors or distributors and not of us. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the MOQQA.com Portal.
We also disclaim responsibility arising out of any illegal or indecent act done by MOQQA.com Members, which shall include but not limited to uploading photographs or any content which may include nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter.
We also disclaim any liability arising out of any trademark, copyright, trade secrets or any other form of intellectual property right infringement committed by MOQQA.com Members and the Members do hereby agree to indemnify MOQQA.com from any such claim or liability arising out of their conduct towards any third party.
Disclaimer for Links to Third Party Websites
MOQQA.com provides hypertext, image source and frame links to other sites operated by other business entities / individuals. Using such links means you are accessing content hosted by third parties. We take no responsibility for, and gives no warranties, endorsements, guarantees or representations with respect to linked sites. We are not responsible for the privacy practices, nor do we accept any liability in connection with the content of, such websites, including those of our group entities, which will in some cases have their own privacy policies tailored for their particular business practices and educational sectors in which they operate. Any concerns regarding any external links should be directed to the respective website administrators or web masters.
We may also contract with certain third parties with regards to the advertisements on MOQQA.com. We make no representations or warranties with regards to the contents of those websites. We do not endorse any products or services that may be offered with or without consideration by these third parties. We also disclaim any warranty as to the fitness or merchantability of these product or services for any purpose.
Indemnity Clause
You agree to hold harmless and indemnify MOQQA.com from and against any third party claim arising from or in any way related to your use of the MOQQA.com service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, MOQQA.com will provide you with written notice of such claim, suit or action.
Liability Clause
Under no circumstances will MOQQA.com be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the MOQQA.com services, whether or not MOQQA.com has been advised of the possibility of such damages. Such limitation of liability shall apply (i) whether the damages arise from use or misuse of and reliance on the MOQQA.com services, from inability to use the MOQQA.com services, or from the interruption, suspension, or termination of the MOQQA.com services (including such damages incurred by third parties), and (ii) notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
Under no circumstances shall the combined aggregate liability of MOQQA.com and its affiliates exceed one thousand rupees (INR1000.00/-).
MOQQA.com Membership Termination
As of right now, MOQQA.com members don't have to option to terminate their MOQQA.com account themselves. We'll inform all MOQQA.com members as soon as they have the option to do so via a posting in this Terms of Use and by providing the ‘Terminate Account' option in MOQQA.com Settings.
But, MOQQA.com may terminate your membership immediately at any time, for any reason. Once your membership is terminated, you will have no right to use the MOQQA.com services. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
Notices
MOQQA.com may provide you with notices regarding the MOQQA.com services or the Terms of Use by email, or postings to the MOQQA.com portal.
Copyright information
If you believe that your copyright has been infringed on the MOQQA.com service, please read the following information for filing or responding to a notice of infringement.
To file a notice of copyright notice with us, please email us your claim to copyright ownership at [contactus(at)moqqa.com]. If you are not sure whether certain material of yours is protected by copyright, we suggest that you first contact an attorney.
The MOQQA.com Member(s) who posted the content may make a counter notification. When we receive a counter notification, we will typically forward a copy to the person who filed the original notification and reinstate the material in question.
To file a counter notification with us, please email us your claim to copyright ownership at [contactus(at)moqqa.com]. If you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
Arbitration Clause
You and MOQQA.com shall be bound to submit all disputes howsoever arising out of or in connection with the use of the MOQQA.com Portal to arbitration to one (1) arbitrator nominated and appointed by MOQQA.com. The arbitration shall in all matters be governed by the Arbitration and Conciliation Act, 1996. The place of arbitration shall be Bangalore, India. The language to be used in the arbitration proceedings shall be English. The award of the arbitration proceedings will be final and binding on both you and MOQQA.com to the extent permissible in law.
These Terms of Use together with the Privacy Policy and any other legal notices published by MOQQA.com on the MOQQA.com Portal shall constitute the entire agreement between you and MOQQA.com concerning your use of the MOQQA.com Portal. If a court of competent jurisdiction deems any provision(s) of these Terms of Use invalid, the invalidity of such provision(s) shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and MOQQA.com's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. MOQQA.com reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the MOQQA.com Portal following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.
YOU AND MOQQA.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MOQQA.COM PORTAL MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Miscellaneous
You agree that: (i) the MOQQA.com Portal shall be deemed solely based in India; (ii) the section titles in this Agreement are for convenience only and have no legal or contractual effect; (iii) nothing in these Terms of Use shall be deemed to constitute a partnership or a joint venture between you and MOQQA.com. None of the matter contained in this Terms of Use shall constitute you as the agent of MOQQA.com or otherwise entitle you to have authority to bind MOQQA.com for any purpose. and (iv) any claim or dispute between you and MOQQA.com that arises in whole or in part from the MOQQA.com Portal shall be decided exclusively by a court of competent jurisdiction located in Bangalore, India.
These Terms of Use will apply to your use of the MOQQA.com services. |
