Terms of Service
Terms of Use for www.mob-en.com
The use of any product, service or feature (the "Materials")
available through the internet web sites accessible at
www.mob-en.com (referred, the "Web Site") by any user of the Web
Site ("You" or "Your" hereafter) shall be governed by the
following terms of use :
- This Web Site is provided by Mobile
Entertainment Software Corporation (hereinafter referred to
as "Mob-En" ), a firm
under having its registered office at 20, Motibag Society,
Pune 411037, India and shall be used for informational
purposes only. By using the Web Site or downloading
Materials from the Web Site, You hereby agree to abide by
the terms and conditions set forth in this Terms of Use. In
the event of You not agreeing to these terms and conditions,
You are requested by Mob-En not to use the Web Site or
download Materials from the Web Site.
- This Web Site, including all Materials
present (excluding any applicable third party materials), is
the property of Mob-En or its partners and is copyrighted
and protected by worldwide copyright laws and treaty
provisions. You hereby agree to comply with all copyright
laws worldwide in Your use of this Web Site and to prevent
any unauthorized copying of the Materials. Mob-En does not
grant any express or implied rights under any patents,
trademarks, copyrights or trade secret information.
- Mob-En has business relationships with
many customers, suppliers, governments, and others. For
convenience and simplicity, words like joint venture,
partnership, and partner are used to indicate business
relationships involving common activities and interests, and
those words may not indicate precise legal relationships.
LIMITED LICENSE :
Subject to the terms and conditions set forth in these Terms
of Use, Mob-En grants You a non-exclusive, non-transferable,
limited right to access, use and display this Web Site and the
Materials thereon. You agree not to interrupt or attempt to
interrupt the operation of the Web Site in any manner. Unless
otherwise specified, the Web Site is for Your personal and
non-commercial use. You shall not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information,
software, products or services obtained from this Web Site.
BLOGS
This is to inform and clarify that individuals (including but
not limited to employees of Mob-En and referred to as
“Individuals” hereafter) may contribute articles and opinions on
this Web Site entirely at the sole discretion of Mob-En, in the
form of “blogs”, as such term is generally understood. You
hereby acknowledge and agree that these blogs constitute the
opinion of the Individuals in their personal capacity, and may
not represent official positions of Mob-En in any manner. Mob-En
retains all copyright to these blogs.
You may be permitted to post comments and feedback to these
blogs. By doing so, You expressly agree and acknowledge to abide
by the following:
- You shall not defame, abuse, harass or
threaten Mob-En or any third party, or otherwise violate the
legal rights of Mob-En or any third party.
- You shall not contribute any content
or take any action that may in any manner adversely affect
the reputation of Mob-En, or that is otherwise detrimental
to Mob-En.
- You shall not in any manner publish or
post any inappropriate, defamatory, infringing, obscene,
racist, terrorist, politically slanted, indecent or unlawful
topic, name, material or information.
- You shall not use profane and
objectionable language or abbreviations. You shall not use
any character(s) as a substitute for objectionable language.
- You shall not in any manner reveal
confidential or proprietary information of any third party.
Specifically, You shall not post any material for which You
do not have requisite and applicable right(s) under law.
- You shall not conduct any contests or
publish or propagate any forwards.
- You shall not defame, abuse, harass,
stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity but not limited to the
foregoing) of any other party including Mob-En.
- You shall not publish, post, upload,
distribute or disseminate any inappropriate, profane,
defamatory, obscene, indecent or unlawful topic, name,
material or information.
- You shall not upload or otherwise make
available, files that contain images, photographs, software
or other material protected by intellectual property laws,
including, by way of example, and not as limitation,
copyright or trademark laws (or by rights of privacy or
publicity) unless You own or control the rights thereto or
have received all necessary consent to do the same.
- You shall not upload files that
contain viruses, Trojan horses, worms, time bombs, cancel
bots, corrupted files, or any other similar software or
programs that may damage the operation of another's computer
or property of another.
- You shall not advertise or offer to
sell or buy any goods or services for any business purpose
- You shall not download any file posted
that You know, or reasonably should know, cannot be legally
reproduced, displayed, performed, and/or distributed in such
manner.
- You shall not falsify or delete any
copyright management information, such as author
attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software
or other material contained in a file that is uploaded.
- You shall not create a false identity
for the purpose of misleading others.
- You shall not in any way deface or
vandalize this Web Site, or prevent or restrict others from
using this Web Site.
- You shall indemnify and hold harmless
Mob-En from any claims and loss incurred by Mob-En as a
result of Your violation of these Terms of Use.
- You acknowledge that Mob-En may, at
its sole discretion, monitor, remove or edit any content
that You contribute. Mob-En may also pursue remedies
available to it under law for any violation of these terms
and conditions.
THIRD PARTY CONTENT
The Web Site makes information of third parties available,
including articles, analyst reports, news reports, tools to
facilitate calculation, company information and data about
financial markets, including any regulatory authority and other
financial markets and other data from external sources (the
"Third Party Content"). You acknowledge and agree that the Third
Party Content is not created or endorsed by Mob-En. The
provision of Third Party Content is for general informational
purposes only and does not constitute a recommendation or
solicitation to purchase or sell any securities or shares or to
make any other type of investment or investment decision. In
addition, the Third Party Content is not intended to provide
tax, legal or investment advice. You acknowledge that the Third
Party Content provided to You is obtained from sources believed
to be reliable, but that no guarantees are made by Mob-En or the
providers of the Third Party Content as to its accuracy,
completeness, timeliness. You agree not to hold Mob-En, any
business offering products or services through the Web Site or
any provider of Third Party Content liable for any investment
decision or other transaction You may make based on Your
reliance on or use of such data, or any liability that may arise
due to delays or interruptions in the delivery of the Third
Party Content for any reason
By using any Third Party Content, You may leave this Web Site
and be directed to an external website, or to a website
maintained by an entity other than Mob-En. If You decide to
visit any such site, You do so at Your own risk and it is Your
responsibility to take all protective measures to guard against
viruses or any other destructive elements. Mob-En makes no
warranty or representation regarding, and does not endorse, any
linked web sites or the information appearing thereon or any of
the products or services described thereon. Links do not imply
that Mob-En or this Web Site sponsors, endorses, is affiliated
or associated with, or is legally authorized to use any
trademark, trade name, logo or copyright symbol displayed in or
accessible through the links, or that any linked site is
authorized to use any trademark, trade name, logo or copyright
symbol of Mob-En or any of its affiliates or subsidiaries. You
hereby expressly acknowledge and agree that the linked sites are
not under the control of Mob-En and Mob-En is not responsible
for the contents of any linked site or any link contained in a
linked site, or any changes or updates to such sites. Mob-En is
not responsible for webcasting or any other form of transmission
received from any linked site. Mob-En is providing these links
to You only as a convenience, and the inclusion of any link
shall not be construed to imply endorsement by Mob-En in any
manner of the website.
NO WARRANTIES
THIS WEB SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND
ANY SOFTWARE MADE AVAILABLE ON THE WEB SITE, ARE PROVIDED "AS
IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED,
OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, NON INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR
PURPOSE. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
REGARDING THIRD PARTY CONTENT. INSPITE OF MOB-EN’ BEST
ENDEAVOURS, THERE IS NO WARRANTY ON BEHALF OF MOB-EN THAT THIS
WEB SITE WILL BE FREE OF ANY COMPUTER VIRUSES. SOME
JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES :
IN NO EVENT SHALL MOB-EN OR ANY OF ITS SUBSIDIARIES OR
AFFILIATES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT
LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF
INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION
HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE
INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THIS
WEB SITE OR ANY LINKED WEB SITE, EVEN IF MOB-EN IS EXPRESSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DISCLAIMER :
THE WEB SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL AND
CLERICAL ERRORS. MOB-EN EXPRESSLY DISCLAIMS ANY OBLIGATION(S) TO
UPDATE THIS WEBSITE OR ANY OF THE MATERIALS ON THIS WEBSITE.
MOB-EN DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE
MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT
OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEB
SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION,
ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR
SOLE RISK. MOB-EN RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO
CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEB SITE.
MOB-EN MAY MAKE ANY OTHER CHANGES TO THE WEB SITE, THE MATERIALS
AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY)
DESCRIBED IN THE WEB SITE AT ANY TIME WITHOUT NOTICE. THIS WEB
SITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE
CONSTRUED AS TECHNICAL ADVICE OF ANY MANNER.
POSTING AT AN MOB-EN WEB SITE
Mob-En does not claim ownership of the materials You provide
to Mob-En (including feedback and suggestions) or post, upload,
input or submit to any section of the Web Site, (each a
"Submission" and collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting
("Posting") Your Submission You are granting Mob-En, its
affiliated companies and necessary sub-licensees permission to
use Your Submission in connection with the operation of their
Internet businesses (including, without limitation, all services
offered by Mob-En), including, without limitation, the license
rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat Your
Submission; to publish Your name in connection with Your
Submission; and the right to sublicense such rights to any other
party.
You hereby acknowledge and agree that no compensation shall
be paid or no future commercial consideration has accrued with
respect to the use of Your Submission by Mob-En, as provided
herein. Mob-En shall be under no obligation to post or use any
Submission You may provide and Mob-En shall remove any
Submission at any time at its own sole discretion.
By Posting a Submission You hereby warrant and represent that
You own or otherwise control all of the rights required under
worldwide law for Your Submission as described in these Terms of
Use including, without limitation, all the rights necessary for
You to provide, post, upload, input or submit the Submissions.
UNLAWFUL AND/OR PROHIBITED USE OF THE WEB SITE
As a condition of Your use of the Web Site, You shall not use
the Web Site for any purpose(s) that is unlawful or prohibited
by the Terms of Use. You shall not use the Web Site in any
manner that could damage, disable, overburden, or impair any
Mob-En server, or the network(s) connected to any Mob-En server,
or interfere with any other party's use and enjoyment of any
services associated with the Web Site. You shall not attempt to
gain unauthorized access to any section of the Web Site, other
accounts, computer systems or networks connected to any Mob-En
server or to any of the services associated with the Web Site,
through hacking, password mining or any other means. You shall
not obtain or attempt to obtain any Materials or information
through any means not intentionally made available through the
Web Site.
INDEMNITY :
You agree to indemnify and hold harmless Mob-En, its
subsidiaries and affiliates from any claim, cost, expense,
judgment or other loss relating to Your use of this Web Site in
any manner, including without limitation of the foregoing, any
action You take which is in violation of the terms and
conditions of these Terms of Use and against any applicable law.
CHANGES :
Mob-En reserves the rights, at its sole discretion, to
change, modify, add or remove any portion of these Terms of Use
in whole or in part, at any time. Changes in these Terms of Use
will be effective when notice of such change is posted. Your
continued use of the Web Site after any changes to these Terms
of Use are posted will be considered acceptance of those
changes. Mob-En may terminate, change, suspend or discontinue
any aspect of the Web Site, including the availability of any
feature(s) of the Web Site, at any time. Mob-En may also impose
limits on certain features and services or restrict Your access
to certain sections or all of the Web Site without notice or
liability. You hereby acknowledge and agree that Mob-En may
terminate the authorization, rights and license given above at
any point of time at its own sole discretion and upon such
termination; You shall immediately destroy all Materials.
INTERNATIONAL USERS AND CHOICE OF LAW :
This Site is controlled, operated and administered by Mob-En
from its offices within
India. Mob-En makes no
representation that Materials on this Web Site are appropriate
or available for use at any other location(s) outside India. Any access to this Web Site
from territories where their contents are illegal is prohibited.
You may not use the Web Site or export the Materials in
violation of any applicable export laws and regulations. If You
access this Web Site from a location outside India, You are
responsible for compliance with all local laws.
These Terms of Use shall be governed by the laws of India, without
giving effect to its conflict of laws provisions. You agree that
the appropriate court(s) in
Pune,
India, will have
the exclusive jurisdiction to resolve all disputes arising under
these Terms of Use and You hereby consent to personal
jurisdiction in such forum.
These Terms of Use constitutes the entire agreement between
Mob-En and You with respect to Your use of the Web Site. Any
claim You may have with respect to Your use of the Web Site must
be commenced within one (1) year of the cause of action. If any
provision(s) of this Terms of Use is held by a court of
competent jurisdiction to be contrary to law then such
provision(s) shall be severed from this Terms of Use and the
other remaining provisions of this Terms of Use shall remain in
full force and effect.
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