(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 ONLINE/ MOBILE APPLICATION PLATFORM
Dubshoot is a mobile app that enables Users to record and upload Music Clips, Sounds, Song clips and Movie Dialogues to our server. The User can discover sounds by browsing through the various categories or the user can search specific sounds by using our search function. Uploaded content is available for other Users to access for free. The Users can select sounds by browsing through different language dialogues from Bollywood, Tollywood, Kollywood, Sandalwood and Mollywood and more movie industries. The Users can record their videos by lip-syncing to the selected sound and if the user is happy with the recorded video, then he/she can save the video on their device or share it with friends via various social media platforms. Each and every sound uploaded on the App, will be displayed against the name of the person who has uploaded that sound to the server. Access to and use of the Service requires a compatible device and Internet connection. 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.
To fully avail the services of the Application and use it, registration is required. You are required to register Yourself by providing the following information which inter alia includes Name, User Name, Password, Email ID, Mobile Number,Etc., Membership of this website is available only to those above the age of 13 years. barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the Application, You may do so through Your legal guardian and mTouch Labs Private Limited. reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Application or availing any of its services. Further, at any time during Your use of this Application, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. 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.
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:
The User takes full responsibility for payment of all taxes and fees that may arise in the course of use of the Application, including but not limited to downloading and installation of the Application by the User.
8 USER’S OBLIGATIONS
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
➢ You hereby certify that you are at least 13 years of age.
➢ You hereby agree to provide genuine credentials during the process of registration for the Application. You shall not use a fictitious indentity to register.
➢ You agree to ensure the email address provided in your account registration is valid at all times and shall keep your contact information accurate and up-to-date.
➢ You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Application, including, without limitation to, any usage rules set forth in this Agreement.
➢ You agree that it is your responsibility to ensure that your device complies with these requirements.
➢ You agree that you are solely responsible and retain ownership for your use of the Application and all sound recordings, videos, and any other content that you upload to or create via the Application.
➢ You agree that you are aware that any sound recordings that you upload to the Service are made public to other Users of the Application.
➢ You understand and agree that, by uploading any recordings or videos, your username will be made public in relation to each sound Recording and that you grant mTouch Labs Private Limited and our affiliates the right to display and otherwise use your user name in connection with the uploads.
➢ You undertake not to:
(a) Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Application. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Application is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained;
(b) access (or attempt to access) the Application and/or the materials or Services by any means other than through the interface that is provided by the Application. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Application, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Application is prohibited. You acknowledge and agree that by accessing or using the Application or Services, You may be exposed to content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Application. Further, You may report such offensive content;
(c) use the Application in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Company’s services; (ii) any other party's use and enjoyment of company’s services; or (iii) the services and products of any Third Party (including, without limitation to, the Authorized Device);
(d) use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft;
(e) abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
(f) engage in any activity that interferes with or disrupts access to the Application or the Services (or the servers and networks which are connected to the Application);
(g) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Application or another's mobile phone, systems, devises and software solutions that are extentions of the Application;
(h) download any file posted in the Application that you know, or reasonably should know, cannot be legally distributed in such manner;
(i) probe, scan or test the vulnerability of the Application or any network, devises and software solutions to the Application, nor breach the security or authentication measures on the Application or any network, devises and software solutions connected to the Application. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Application, or exploit the Application or Service or information made available or offered by or through the Application, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Application;
(j) disrupt or interfere with the security of, or otherwise cause harm to, the Application, systems resources, servers, software solutions or networks connected to or accessible through the Application or any affiliated or linked applications;
(l) violate any applicable laws or regulations for the time being in force within or outside your home country;
(m) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
(n) threaten the unity, integrity, defence, security or sovereignty of your home country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
(o) disseminate information through the Application that is false, inaccurate or misleading,or violate any applicable laws or regulations for the time being in force in or outside your home country.
➢ You agree that your use of the Application may vary in functionality, availability and quality depending on the type of the device and the operating system that it uses and mTouch Labs Private Limited accepts no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings and software).
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 INTELLECTUAL PROPERTY COMPLAINTS
(a) We respect the intellectual property of others. If You believe Your work has been copied in a way that constitutes infringement or are aware of any infringing material on the Application, you can report the infringement by clicking the Report option on the Application and by emailing us at email@example.com and by providing the following:
➢ A statement that you have identified Content on the Platform that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
➢ A description of the copyright work that you claim has been infringed;
➢ A description of the Content that you claim is infringing and details of where on the Platform the Content that you claim is infringing may be found;
➢ Your contact information including your full name, address and telephone number and a valid email address on which you can be contacted;
➢ 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;
➢ A statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
➢ your electronic or physical signature (which may be a scanned copy).
(b) By providing information to, communicating with, and/or placing material on, the Application, including for example but not limited to, communication during any registration and communication on the bulletin board, message or chat area, You represent and warrant:
(1) You own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Service;
(2) all information You provide is true, accurate, current and complete, and does not violate these Terms of Service; and,
(3) the information and Content shall not cause injury to any person or entity. Using a name other than your own legal name is prohibited (except in those specific areas of the Application that specifically ask for unique, fictitious names such as, inter alia certain message boards and chat rooms).
For all such information and material, you grant us, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all our affiliated Applications, to include the information in a searchable format accessible by users of the Application and other affiliated Applications, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
13 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.
16 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.
17 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.
14.1 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.
14.2 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 firstname.lastname@example.org .
20 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.