Terms of Service for Dubshoot
(c) We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Application or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Application is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
2 THE APP OR SERVICE
2.1. The Service or App is a hosting service which allows registered users to upload, post and share sound recordings, and to create audio-visual content combining self-created videos and own or third party sound recordings, which will be stored by us at the direction of registered users, and may be shared and made publicly available by registered users. As part of the Service, we may regularly update you on new content, features as well as to provide you with certain service announcements and administrative messages. We will further give you the possibility to connect with and message your friends who are also using the Service. We will also alert you to local content which is connected to the area where you currently are situated when you have logged in the Service. Although We are working to ensure that the Service is compatible across various devices, We cannot guarantee that the Service will work with all devices.
2.2. We reserve the right to suspend, discontinue, withdraw, take down or amend all or part of the Service and all or part of the content available on the Service at any time to, for example, reflect changes to the law or new technical developments, temporarily or permanently. Any changes will take into account your reasonable interests, and we shall use our reasonable endeavours to notify you thereof in advance. Access to all or part of the Service may be restricted from time to time to allow for repairs, maintenance or updating. This may result in you not being able to use the Service until you have downloaded the latest version and accepted any new terms.
3 USE OF THE APP OR SERVICE
3.1. To use the service you must be eighteen (18) years old or older. By signing up for the Service you promise to us that you accept these Terms and that: (a) you are 18 years of age or over, or (b) you are 13 years of age or over and have permission to use the Service from your parent or legal guardian. If we reasonably believe that you do not sufficiently fulfil these criteria, we may suspend your use of the Service until you have provided us with acceptable age proof.
3.2. The content made available on the Service is user generated and may not be suitable for children. We advise parents who permit their children to use the Service to be aware that the Service is not intended for children under 18.
3.3. To access the major featires of Service, you must register with us. To register, you must provide us with certain information about yourself, such as your email address, a username and password of your choosing. In some cases (e.g. for some operating systems), you also need to allow us to access the geolocation function in order for us to provide the service. Your username will appear alongside any content you upload to the Service. You must make sure that your username complies with these Terms. Your registration with us is subject to our confirmation and will become valid when we either confirm your registration, or activate your account.
3.4 You must inform us of any changes to the details you provided when registering with us. Your account is personal for your own, non-commercial use. You must not sell or transfer, or offer to sell or transfer, your account to any third party.You are responsible for your account with us and any activity that takes place on your account, whether or not such activity was authorised by you.
3.5 In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account.
3.6 It is your responsibility to pay for all costs and expenses that you may incur while using the Service (including, but not limited to, all telephone call or line charges or Internet data service access charges).
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the Application. You may terminate your use of the Service at any time by ceasing to use the Service and/or deleting the App from your Device. We may terminate these Terms and close your account at any time without notice, if we cease to provide the Services. We may suspend or terminate your use of and access to the Application at any time and for any reason, in our sole discretion. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
5 COMMUNICATIONS AND ADVERTISEMENTS:
7 USER GENERATED CONTENT
7.1 You are solely responsible for your use of the Service and any sound recordings (“Sound Recordings”), dubs, videos, words, information, messages and any other content that you upload to or create via the Service, whether privately transmitted or made publicly available (together, “User Content”). Any User Content is owned and controlled solely by you.
7.2 When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received permission from, or are authorised by, the owner of any part of the content to submit it to the Services. You warrant that your User Content is not obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another's privacy, offensive, defamatory of any person or illegal. You warrant that your User Content does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You or the owner of your User Content still own the copyright in the content sent to us, but by submitting content to us, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and to authorise others user of the Services and other third-parties to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.
7.3 You acknowledge and agree that we are merely a passive conduit and hosting service for User Content and that we play no active role in the distribution or presentation of User Content.
7.4 We are under no obligation to monitor User Content posted on the Service and we cannot and do not take any responsibility for such User Content, nor do we endorse, support or guarantee the completeness, accuracy or reliability of any User Content or communications posted via the Services or opinions expressed therein. Use of or reliance on any User Content or materials posted via the Service or obtained by you through the Service is at your own risk.
7.5 We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
8 COPY RIGHT REPORTING AND TAKE DOWN POLICY
8.1 mTouch Labs respects the intellectual property rights of others and expects users of the Service to do the same.
8.2 If you discover any content on the Service that you believe infringes your copyright, please report this to us in writing including the following information:
(a) a statement that you have identified content on the Service that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
(b) a description of the copyright work that you claim has been infringed;
(c) a description of the content that you claim is infringing and exact details of where on the Service the content that you claim is infringing was found;
(d) your contact information including your full name, address and telephone number and a valid email address on which you can be contacted;
(e) a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and a statement by you that the information in your notice is accurate and that you are authorised to act on behalf of the owner of the exclusive right that is allegedly infringed.
In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please also include the following:
(f) a declaration, under penalty of perjury, that you are the owner or authorised to act on behalf of the owner of the exclusive copyright that is allegedly infringed;
(g) and your electronic or physical signature (which may be a scanned copy).
8.3 You could send a notice to us or our designated copy right agent by email to firstname.lastname@example.org or by Physical mail to the following address.
mTouch Labs Private Limited,
#308, Pancom Business Center,
Hyderabad, India - 500016.
8.4 Please ensure that your notice is in compliance with the requirements stated above without which we would not be in a position to act upon your notice.
From time to time, the Application may automatically check the version of the Application installed on the Authorized Device and, if applicable, provide updates for the Application (hereinafter referred to as “Updates”). Updates may contain, without limitation to, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Application. By installing the Application, You authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Application and Updates shall be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates).
10 ACTIONS UNDERTAKEN BY THE APPLICATION ON YOUR DEVICE:
Upon download and installation of the Application, You grant the following permissions to mTouch Labs Private Limited to perform the following actions on the device You have installed the Application in. (a) To read from, write on, modify and delete data pertaining to the Application on the device’s hard disk and/or external storage; (b) To access information about networks, access networks including wi-fi networks, receive and send data through the network; (c) To determine Your approximate location from sources like, but not limited to mobile towers and connected Wi-Fi networks; (d) To determine Your exact location from sources such as, but not limited to GPS; (e) To access the model number, IMEI number and details about the operating system of the device the Application has been installed on, as well as the phone number of the device; (f) To retrieve information about other application running on the device the Application has been installed on and open them; (g) To detect when the phone had been switched off and switched on for the purpose of sending notification/ push notifications;
11 INTELLECTUAL PROPERTY RIGHTS
(a) All information, content, services and software displayed on, transmitted through, or used in connection with the Application, (hereinafter referred to as the "Content"), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Application, and solely for your personal, non-commercial use.
(b) You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Application, not to insert any code or product or manipulate the content of the Application in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
12 GEOGRAPHICAL EXTENT
(a) The Application can be used in all countries worldwide. We make no representation that materials or Content available through our Application is appropriate or available for use outside any of these countries.
(b) If You access or use the Application from a country or location apart from those specified above, You are solely responsible for compliance with necessary laws and regulations for use of the Application.
(a) We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add and change for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Application. We further reserve the right to withhold, remove and or discard any content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.
(b) Dubshoot has no obligation to provide You with a copy of the information You or any other User provides on the Application or that the Application has accessed.
(c) Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/ or by posting a notice on the home screen of the Application.
You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage you to frequently open the Application to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/ or features through the Application. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.
You agree to indemnify, hold harmless, and defend Us from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made Us in connection with any claim arising from or related to:
(a) Your use or any Third Party’s use via Your account of the Service provided by the Application and its Content;
(c) Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account.
You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.
15 DISCLAIMERS AND LIMITATIONS
YOUR USE OF THE APPLICATION IS ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE AND ANY CONTENT OR MATERIAL DISPLAYED ON THE SERVICE IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY, SUITABILITY, COMPLETENESS OR RELIABILITY. WE WILL NOT BE LIABLE TO YOU FOR THE UNAVAILABILITY OR FAILURE OF THE APPLICATION.
WE EXPRESSLY EXCLUDE OUR LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICE BY ANY PERSON IN CONTRAVENTION OF THESE TERMS. YOU UNDERSTAND THAT ALL CONTENT AVAILABLE ON THE APPLICATION IS PROVIDED BY USERS, NOT US, AND WE ARE NOT RESPONSIBLE OR LIABILE TO YOU FOR THIS CONTENT ON THE APPLICATION.
WE EXPRESSLY EXCLUDE ANY LIABILITY FOR (A) ANY LOSS OR DAMAGE THAT WAS NOT REASONABLY FORESEEABLE BY US AND WHICH IS INCURRED BY YOU IN CONNECTION WITH THE APPLICATION, INCLUDING LOSS OF PROFITS; AND (B) ANY LOSS OR DAMAGE INCURRED BY YOU AS A RESULT OF YOUR BREACH OF THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGE, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO TERMINATE YOUR USE OF DUBSHOOT. Nothing in these Terms shall limit or exclude our liability for: (i) death or personal injury resulting from our negligence; (ii) intentional acts, fraud or fraudulent misrepresentation; and (iii) any other liability that cannot be excluded or limited by law.
16 DISPUTES ARISING OUT OF THIS AGREEMENT
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
16.1 Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the sole proprietorship reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
16.2 Stage 2: Arbitration. If the dispute is not settled by mediation, it shall be referred to and finally resolved by arbitration, which shall be governed by the law, rules and regulations of Hyderabad, India. The Arbitral award is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Hyderabad. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Hyderabad, India and You hereby submit to the personal jurisdiction of such courts.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post, or email@example.com .
19 MISCELLANEOUS PROVISIONS:
Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
Ownership: The Android/IOS application Dubshoot and the website www.dubshoot.com, (referred to as "Application"or “App” ), owned by mTouch Labs Private Limited, a Private limited Company incorporated under the provisions of the Companies Act, 2013, and having its registered office at #308, Pancom business Centre, Ameerpet, Hyderabad - 500016 represented by its partners, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns;
Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
Liability: The Mobile App and the Company shall not be liable in any way for User Content, including, but not limited to, any errors or omissions contained therein, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
We are under no obligation to monitor User Content posted on the Service and we cannot and do not take any responsibility for such User Content, nor do we endorse, support or guarantee the completeness, accuracy or reliability of any User Content or communications posted via the Services or opinions expressed therein. Use of or reliance on any User Content or materials posted via the Service or obtained by you through the Service is at your own risk. We are not responsible for any copyright damage cost of Copyright owners. All rights, titles and interests in and to the Service (excluding content uploaded or otherwise provided by users) are and will remain the exclusive property of mTouch Labs Private Limited and its licensors.
Last Update: June 2018