Terms of Service
Last updated on : 3 june 2021
Welcome to MobCup (the “Platform”, “Company”, “our” or “we”). Thank you
for downloading our app or visiting our website.
These terms of service and all other policies incorporated by reference
herein, (collectively, the “Terms of Service”), constitute a binding
agreement between MobCup and each registered or unregistered user (each,
a “User”, “you” or “your”) of the MobCup website and/or the MobCup
mobile application (the “App”, and collectively with the Site and all
services provided therein, the “Platform”). By accessing and using the
Platform and/or creating a registered User account on the Platform (an
“Account”), you are deemed to have read, accepted, executed and be bound
by these Terms of Service. The Terms form a legally binding agreement
between you and us, and hence, please take the time to read them
carefully.
Company may, from time to time, release new versions of the Platform, or
release/introduce new tools, services, functionalities, and/or features
for the Platform, which will be subject to these Terms of Service, and
any additional terms of service as may apply to such additional
versions, tools, services, functionalities, or features.
1. Accepting the Terms
-
By accessing or using our Services, you confirm that you can form a
binding contract with MobCup, that you accept these Terms and that you
agree to comply with them. Your access to and use of our Services is
also subject to our Privacy Policy and Community Guidelines, the terms
of which can be found directly on the Platform, or where the Platform
is made available for download, on your mobile device’s applicable app
store, and are incorporated herein by reference. By using the
Services, you consent to the terms of the Privacy Policy.
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If you are accessing or using the Services on behalf of a business or
entity, then (a) “you” and “your” includes you and that business or
entity, (b) you represent and warrant that you are an authorised
representative of the business or entity with the authority to bind
the entity to these Terms, and that you agree to these Terms on the
entity’s behalf, and (c) your business or entity is legally and
financially responsible for your access or use of the Services as well
as for the access or use of your account by others affiliated with
your entity, including any employees, agents or contractors.
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You can accept the Terms by accessing or using our Services. You
understand and agree that we will treat your access or use of the
Services as acceptance of the Terms from that point onwards.
2. Changes to the Terms
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We amend these Terms from time to time, for instance when we update
the functionality of our Services, when we combine multiple apps or
services operated by us or our affiliates into a single combined
service or app, or when there are regulatory changes. We will use
commercially reasonable efforts to generally notify all users of any
material changes to these Terms, such as through a notice on our
Platform, however, you should look at the Terms regularly to check for
such changes. We will also update the “Last Updated” date at the top
of these Terms, which reflect the effective date of such Terms. Your
continued access or use of the Services after the date of the new
Terms constitutes your acceptance of the new Terms. If you do not
agree to the new Terms, you must stop accessing or using the Services.
3. User Account
-
In order to utilize the full tools, services, functionalities and/or
features of the Platform, each User will need to register for and
create an Account. You agree to create only one (1) unique Account and
that you shall be the sole authorized user of your Account. As part of
the registration process, Users will be asked to submit certain
information such as their name, email address, phone number, birthday,
profile name, picture, etc., and to create an Account login password
(collectively, “Registration Data”). You agree that all Registration
Data you provide to the Company will be and remain at all times true,
accurate, current and complete. Company may from time to time modify
or add to the Registration Data information fields required to create
an Account, and you agree to promptly complete any such additional or
modified information fields when and as requested by Company.
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It is important that you keep your account password confidential and
that you do not disclose it to any third party. If you know or suspect
that any third party knows your password or has accessed your account,
you must immediately change your password and promptly notify us at
[email protected].
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You agree that you are solely responsible (to us and to others) for
the activity that occurs under your account. When creating an account,
you must provide accurate information about yourself and create only
one account for strictly personal purposes.
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We reserve the right to disable your user account, and remove or
disable any content you upload or share, at any time, including if you
have failed to comply with any of the provisions of these Terms, or if
activities occur on your account which, in our sole discretion, would
or might cause damage to or impair the Services or infringe or violate
any third party rights, or violate any applicable laws or regulations.
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We take the protection of your privacy very seriously, and hence we
accord all information related to your account with the high standards
of data protection and security measures as mandated under the
Information Technology Act, 2000 and the Rules thereunder. You can
read our Privacy Policy for more details here
Privacy policy.
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If you no longer want to use our Services again and would like your
account deleted, we can take care of this for you. Please contact us
via [email protected] and we will provide you with further assistance
and guide you through the process. Once you choose to delete your
account, you will not be able to reactivate your account or retrieve
any of the content or information you have added.
4. Access to and Use of our Services
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Your access to and use of the Services is subject to these Terms and
all applicable laws and regulations.
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You may not access or use the services of our Platform if you are
not fully able or legally competent to agree to these Terms.
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You agree not to carry out any activity during the access or use
of services of our Platform which is unlawful, misleading,
discriminatory or fraudulent.
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You agree not to make any unauthorised copies, modify, adapt,
translate, reverse engineer, disassemble, decompile or create any
derivative works of the services or any content of our Platform
included therein, including any files, tables or documentation (or
any portion thereof) or determine or attempt to determine any
source code, algorithms, methods or techniques embodied by the
Services or any derivative works thereof;
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You agree not to distribute, license, transfer, or sell, in whole
or in part, any of the Services or any derivative works thereof;
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You may not use the Services, without our express written consent,
for any commercial or unauthorised purpose, including
communicating or facilitating any commercial advertisement or
solicitation or spamming;
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You may not incorporate the Services or any portion thereof into
any other program or product. In such case, we reserve the right
to refuse service, terminate accounts or limit access to the
Services in our sole discretion;
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You agree not to intimidate or harass another, or promote sexually
explicit material, violence or discrimination based on race, sex,
religion, nationality, disability, sexual orientation or age;
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You agree not to use or attempt to use another’s account, service
or system without authorisation from MobCup or such another user,
or create a false identity on the Platform;
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You may not use the Services to upload, transmit, distribute,
store or otherwise make available in any way: files that contain
viruses, trojans, worms, logic bombs or other material that is
malicious or technologically harmful; any unsolicited or
unauthorised advertising, solicitations, promotional materials or
any other prohibited form of solicitation; any private information
of any third party, including addresses, phone numbers, email
addresses, number and feature in the personal identity document
(e.g., National Insurance numbers, passport numbers) or credit
card numbers; any material which does or may infringe any
copyright, trade mark or other intellectual property or privacy
rights of any other person; any material which is defamatory of
any person, obscene, offensive, pornographic, hateful or
inflammatory; any material that would constitute, encourage or
provide instructions for a criminal offence, dangerous activities
or self-harm; any material that is deliberately designed to
provoke or antagonise people, especially trolling and bullying, or
is intended to harass, harm, hurt, scare, distress, embarrass or
upset people; any material that contains a threat of any kind,
including threats of physical violence; any material that is
racist or discriminatory, including discrimination on the basis of
someone’s race, religion, age, gender, disability or sexuality;
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We reserve the right, at any time and without prior notice, to remove
or disable access to content at our discretion for any reason. Some of
the reasons we may remove or disable access to content may include
finding the content objectionable, in violation of these Terms or our
Community Guidelines, or otherwise harmful to the Services or our
users.
5. Purchasing & Cancelation Policies
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Certain Apps are available for purchase on a subscription basis. These
Apps may provide various subscription tiers (generally free or
premium). The payment for a subscription (which could be monthly,
quarterly, or yearly, for instance) can be made within the App, via a
third-party mobile platform owner (e.g., Apple or Google), or directly
through MobCup and its associated third-party payment processor on the
App's website.
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A limited-time free trial of an App subscription may be offered. You
can cancel this free-trial subscription anytime through the
subscription settings in your iTunes or Android account, or, if the
subscription was made through an App's website, by logging into the
corresponding website to manage your subscriptions. Important: your
free-trial subscription will automatically convert into a paid
subscription unless you cancel at least 24 hours before the conclusion
of the free-trial period, or before the trial period ends if the
purchase was made through Google.
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If your subscription was initiated via a third-party mobile platform
owner (either in-app or through the platform), you can cancel anytime
by following the Apple App Store or Google Play Store instructions, or
through the subscription settings in your iTunes or Android account.
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If the subscription was made directly through an App's website, you
can cancel anytime by logging in to manage your subscriptions on the
corresponding website.
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All cancelations become effective at the conclusion of the current
billing period. For instance, if your monthly subscription starts on
the first of the month but is canceled midway through, the cancelation
will come into effect at the month's end. Regrettably, there are no
refunds on paid subscriptions once the charge for the billing period
has been processed.
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Certain Apps can be bought as a one-time purchase, without a recurring
subscription. Payments for these purchases may be made via a
third-party mobile platform provider (e.g., Apple or Google).
Typically, European Union residents have the right to cancel online
purchases within 14 days of making them. Please be aware: if you are a
European Union resident and purchase an App from a mobile platform
owner (e.g. Apple or Google), you may not be able to cancel your order
or receive a refund. Please make sure to review the mobile platform
owner's terms and conditions before purchasing.
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You have the liberty to uninstall paid applications anytime. All
purchases of paid applications are non-refundable.
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Automatic Subscription Renewals Paid subscriptions to the Apps are set
to auto-renew. Upon finalizing your registration and providing your
payment details, or, if relevant, at the end of your free trial period
(if not canceled at least 24 hours prior to its conclusion), you will
be billed the stated subscription fee for the subscription period. By
this, you consent to and authorize automatic recurring billing,
agreeing to pay any charges associated with your account. The billing
will be done at the then-current subscription price, inclusive of any
applicable taxes. The payment for renewal subscriptions will follow
the same billing cycle as your original subscription. The subscription
fees are subject to change at any time, to the maximum extent
permitted under relevant laws. Your subscription, along with the
monthly billing of your account, will continue indefinitely until
canceled by you, as per the Cancelation section of this Agreement.
6. Intellectual Property Rights
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As a condition of your access to and use of the Services, you agree
not to use the Services to infringe on any intellectual property
rights. We reserve the right, with or without notice, at any time and
in our sole discretion to block access to and/or terminate the
accounts of any user who infringes or is alleged to infringe any
copyrights or other intellectual property rights. You can read about
our IPR Policy in detail here: IPR Policy
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Further, all legal right, title, interest and intellectual property in
the platform and the Services, (irrespective of whether those rights
are registered or not, and wherever in the world those rights may
exist), belong solely with MobCup, and nothing in these terms gives
you the right to use any of MobCup’s trade names, trademarks, service
marks, logos, domain names, and other distinctive brand features in
any manner whatsoever without our express and prior written consent.
7. User Content
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As a User of the Platform, you can upload certain User Content
thereto, including, without limitation, in the form of audios, sound
recordings, images, wallpapers, videos, clips, quotes, memes, messages
and comments. You acknowledge and agree that your User Content can be
made publicly available to other Users on the Platform, and that your
Account profile name or login identifier will be linked to, or appear
alongside, all such publicly available User Content. All User Content
will be considered non-confidential and non-proprietary and you must
not upload any User Content on or through the Platform or transmit any
User Content to us that you consider to be confidential or
proprietary. All User Content uploaded to the Platform shall be
subject to our Privacy Policy.
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If you believe that there has been unauthorized access to your
username, password or your identity, please contact us as soon as
possible so that we can work together to limit the damage. To the
extent that the Services interact with any other social media account
or service you use, such as Facebook via Facebook Connect, you
understand and agree that the provision of that other account or
service are not the responsibility of MobCup.
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You retain all right, title and interest in and to any User Content
(including all copyrights and other intellectual property rights
related thereto or contained therein) that you upload onto the
Platform; provided, that you hereby grant to Company and its
affiliates, successors, licensees, and assigns, a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, transferrable,
assignable, sub-licensable (through multiple tiers) right and license
to use, copy, reproduce, display, distribute, publish, modify, adapt,
make derivative works of, make collective works with, translate, and
otherwise exploit (i) such User Content (including all copyrights and
other intellectual property rights related thereto or contained
therein) and (ii) your name, image, voice, likeness, biographical
material, and any other right of publicity/privacy held by you in
connection with such User Content, in any and all media now known or
hereafter discovered, in connection with the Platform (including,
without limitation, the operation thereof and the provision of the
tools, products, services, functionalities and/or features offered in
connection therewith), the advertising, marketing, promotion,
publicity, and merchandizing of the Platform and any products and
services related thereto, and to identify you as the source of your
User Content (collectively, the “User Content License”).
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You also permit any our other Users to access, display, view, store
and reproduce such content for personal use, as permitted by the
Service and under these Terms of Service.
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For the avoidance of doubt, the User Content License granted to us
hereunder covers our ability to sublicense to, and permit, other Users
of the Platform to use your User Content in connection with all tools,
services, functionalities and/or features made available in connection
with the Platform from time to time, subject to these Terms of
Service.
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You hereby represent and warrant to the Company that: (i) all User
Content uploaded by or on your behalf onto the Platform is your
original work of authorship for which you are the sole and exclusive
owner, or that you have obtained all licenses, consents, releases, and
other permissions from the applicable third party owner thereof as may
be necessary to grant Company the User Content License in and to such
User Content hereunder, and (ii) Company’s and/or any other User’s or
sub-licensee’s use of the User Content as permitted hereunder does
not, and will not, violate any applicable laws or the rights of any
third party, including, without limitation, any right of publicity,
right of privacy, copyright, patent, trademark, or other intellectual
property right or any proprietary right.
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If you only own the rights in and to a sound recording, but not to the
underlying musical works embodied in such sound recordings, then you
must not post such sound recordings to the Services unless you have
all permissions, clearances from, or are authorised by, the owner of
any part of the content to submit it to the Services.
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The Company does not endorse, support or guarantee the completeness,
accuracy or reliability of any User Content or communications posted
via the Platform or opinions expressed therein. You understand that by
using the Services, you may be exposed to Content that might be
offensive, harmful, inaccurate or otherwise inappropriate, or in some
cases, postings that have been mis-labeled or are otherwise deceptive.
Use of or reliance on any User Content or materials posted via the
Platform or obtained by you through the Platform is at your own risk.
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Rules for Musical Works and for Recording Artists:
If you have assigned your rights to a music publisher, then you
must obtain the consent of such music publisher to grant the
royalty-free license(s) set forth in these Terms in your User
Content or have such music publisher enter into these Terms with
us. Just because you authored a musical work (e.g., wrote a song)
does not mean you have the right to grant us the licenses in these
Terms. If you are a recording artist under contract with a record
label, then you are solely responsible for ensuring that your use
of the Services is in compliance with any contractual obligations
you may have to your record label.
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Waiver of Rights to User Content.
By Posting User Content to or through the Service, you waive any
rights to prior inspection or approval of any marketing or
promotional materials related to such User Content. You also waive
any and all rights of privacy, publicity or any other rights of a
similar nature in connection with your User Content, or any
portion thereof. To the extent any moral rights are not
transferable or assignable, you hereby waive and agree never to
assert any and all moral rights, or to support, maintain or permit
any action based on any moral rights that you may have in or with
respect to any User Content you Post to or through the Service.
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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.
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We, or authorised third parties, reserve the right to cut, crop, edit
or refuse to publish your content at our or their sole discretion. We
have the right to remove, disallow, block or delete any posting you
make on our Services if, in our opinion, your post does not comply
with the content standards set out at “Access to and Use of Our
Services” above. In addition, we have the right – but not the
obligation – in our sole discretion to remove, disallow, block or
delete any User Content (i) that we consider to violate these Terms,
or (ii) in response to complaints from other users or third parties,
with or without notice and without any liability to MobCup. As a
result, we recommend that you save copies of any User Content that you
post to the Services on your personal device(s) in the event that you
want to ensure that you have permanent access to copies of such User
Content. We do not guarantee the accuracy, integrity, appropriateness
or quality of any User Content, and under no circumstances will we be
liable in any way for any User Content.
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If you wish to complain about information and materials uploaded by
other users which you believe is objectionable / unlawful or in
violation of your privacy rights, please read our Infringement /
Takedown Policy here and how you can contact us:
Takedown Policy.
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MobCup takes reasonable measures to expeditiously remove from our
Platform any infringing material that we become aware of. It is our
policy, in appropriate circumstances and at our discretion, to disable
or terminate the accounts of users of the Services who repeatedly
infringe copyrights or intellectual property rights of others.
8. Advertising / Sponsorships on Platform
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The Platform may contain advertising and sponsorships. Advertisers and
sponsors are responsible for ensuring that material submitted for
inclusion on the Platform is accurate and complies with applicable
laws. MobCup will not be responsible for the illegality of or any
error or inaccuracy in advertisers’ or sponsors’ materials or for the
acts or omissions of advertisers and sponsors.
9. Indemnification
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You hereby agree to indemnify, defend and hold harmless, MobCup and
its parent companies, subsidiaries, and affiliates and their
respective directors, officers, employees, affiliates, content
partners, vendors, third party licensors, distributors, advertisers,
and other contracting parties, together with their respective
director, officers, employees, successors, assigns, consultants and
other agents, from and against any and all losses, liabilities,
damages, costs or expenses (including reasonable attorneys’ fees and
costs) arising out of or in connection with any claim, action, or
proceeding brought by a third party based on: (i) your use of, or
inability to use, the Platform; (ii) any breach of any representation,
warranty, covenant or obligation of yours under these Terms of
Service; (iii) any Registration Data or User Content posted by you
onto the Platform; (iv) your violation of any applicable law or
regulation; or (v) your violation of any third-party right, including,
but not limited to, any intellectual property right.
10. Exclusion of Warranties
NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT
CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO
AS A CONSUMER. THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY
OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT
REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
-
YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE
FROM ERROR;
-
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE
SERVICES WILL BE ACCURATE OR RELIABLE; AND
-
DEFECTS IN THE OPERATION AND FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO
YOU AS PART OF THE SERVICES WILL BE CORRECTED.
NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS
TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH
DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE
EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR
RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR
BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
11. Limitation of Liability
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YOU ACKNOWLEDGE AND AGREE THAT MOBCUP IS ONLY WILLING TO PROVIDE THE
PLATFORM IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU
AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD MOBCUP, ITS
AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, OR ANY OF SUCH
PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, OR CORPORATE PARTNERS
LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES
(COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER
KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR
INABILITY TO USE THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY
LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF
ANY USER; YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT
INFORMATION; OR YOUR FAILURE TO KEEP YOUR PASSWORD AND ACCOUNT DETAILS
SECURE AND CONFIDENTIAL.
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WE SHALL NOT BE LIABLE TO YOU FOR:
-
ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY);
- ANY LOSS OF GOODWILL;
- ANY LOSS OF OPPORTUNITY;
- ANY LOSS OF DATA SUFFERED BY YOU; OR
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ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU.
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PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE
USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS
PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS
OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS
INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
12. Third Party Disputes
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TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY
THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICE, INCLUDING, BY WAY
OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER
USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU
IRREVOCABLY RELEASE THE MOBCUP PARTIES FROM ANY AND ALL CLAIMS,
DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND
NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH
SUCH DISPUTES.
13. Age Limit
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The Services are only for people 13 years old and over (with
additional limits that may be Jurisdiction-Specific). You are not
permitted to use the Services, establish an Account, or provide
Account Information if you are under 13 years of age. By using the
Services, you confirm that you are over the relevant age specified
herein. If we learn that someone under the relevant age specified
above is using the Services, we will terminate that User’s account.
14. Links
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You may link to our home page, provided you do so in a way that is
fair and legal and does not damage our reputation or take advantage of
it. You must not establish a link in such a way as to suggest any form
of association, approval or endorsement on our part where none exists.
The website in which you are linking must comply in all respects with
the content standards set out at “Your Access to and Use of Our
Services” above. We reserve the right to withdraw linking permission
without notice.
15. External Sites
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The Service may contain links to or the ability to share information
with third party websites ("External Sites"). MobCup does not endorse
any External Sites or the content made available on such External
Sites. All External Sites and any content thereon is developed and
provided by others. You should contact the site administrator or
Webmaster for those External Sites if you have any concerns regarding
such content located on such External Sites. MobCup is not responsible
for the content of any External Sites and does not make any
representations regarding the content or accuracy of any materials on
such External Sites. You should take precautions when downloading
files from all websites to protect your computer and mobile devices
from viruses and other destructive programs. If you decide to access
any External Sites, purchase any content from External Sites or
subscribe to services offered by such External Site, then you do so at
your own risk. You agree that MobCup will have no liability to you
arising from your use, engagement, exposure to or interaction with any
External Sites.
16. Entire Agreement
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These Terms and our other Policies constitute the whole legal
agreement between you and MobCup and govern your use of the Services
and completely replace any prior agreements between you and MobCup in
relation to the Services.
17. Applicable Law and Jurisdiction
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These Terms, their subject matter and their formation, are governed by
the laws of India.
18. Dispute Resolution
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In the interest of resolving disputes between you and MobCup, you
agree that any dispute arising out of or in any way related to these
Terms of Service or your use of the MobCup Website / App will be
resolved by binding arbitration in accordance with the provisions of
the Indian Arbitration and Conciliation Act, 1996, regardless of
whether a claim arises during or after the termination of these Terms
of Service. The seat, or legal place, of arbitration shall be Mumbai.
The language to be used in the arbitration proceedings shall be
English.
19. Termination
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You may end your legal agreement with MobCup at any time by
deactivating your accounts and discontinuing your use of the Services.
-
We may suspend or terminate your account or cease providing you with
all or part of the Services at any time for any or no reason,
including, but not limited to, if we reasonably believe: (i) you have
violated these Terms or Policies or Community Guidelines, (ii) you
create risk or possible legal exposure for us; (iii) your account
should be removed due to unlawful conduct, (iv) your account should be
removed due to prolonged inactivity; or (v) our provision of the
Services to you is no longer commercially viable. We will make
reasonable efforts to notify you by the email address associated with
your account or the next time you attempt to access your account,
depending on the circumstances. In all such cases, the Terms shall
terminate, including, without limitation, your license to use the
Services.
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If you believe your account was terminated in error you can file an
appeal with following details to us at [email protected]
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Your name, address, user name on the MobCup Platform, your
email-id that was linked to your MobCup account and telephone
number.
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A description of when the account was suspended or terminated and
why you believe we have made an error in terminating your account.
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A statement made under penalty of perjury that you have a good
faith belief that the account was removed or suspended as a result
of mistake or misidentification.
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Your electronic or physical signature. To satisfy this
requirement, you may type your full legal name (not that of a
company) at the bottom of your appeal request to reinstate your
User account.
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MobCup shall acknowledge the appeal within 72 hours and our team shall
review the appeal request submitted by you. If the termination is
found to be done due to an error or misidentification, MobCup shall
reinstate your account within 24 hours of completion of such review.
However, the reinstating of your account shall be at the sole
discretion of MobCup.
20. Jurisdiction Specific Terms
India.
If you are using our Services in India, the following additional terms
apply. In the event of any conflict between the following additional
terms and the provisions of the main body of these Terms, the following
terms shall prevail.
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Accepting the Terms.By agreeing to these Terms and by
accessing or using our Services, you acknowledge that you have read
and understood these Terms and provide your consent to be bound by
these Terms and our Privacy Policy and Community Guidelines.
-
Access to and use of our Services.You may not use the
Services to upload, transmit, distribute, store or otherwise make
available in any way (including for the purposes of uploading and/or
streaming content) any User Content that:
- is obscene, pornographic, violent;
-
is relating to or encouraging money laundering or gambling, or
otherwise any activity that is unlawful in any manner whatsoever;
- harms minors in any way;
-
communicates any information which is grossly offensive or
menacing in nature; or
-
threatens the unity, integrity, defence, security or sovereignty
of India, friendly relations with foreign states, or public order
or causes incitement to the commission of any cognisable offence
or prevents investigation of any offence or insulting any other
nation.
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User Content.You hereby irrevocably waive any right
to raise any objection or other claim before any authority including
any copyright board in relation to the rights granted and licensed to
us under these Terms, including any right under the provisions of
section 30A of the (Indian) Copyright Act, 1957 or other applicable
law. The above waiver is granted by you in favour of MobCup and all of
its group companies, affiliates and successors in title and interest,
whether existing or in future.
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Indemnity.In the event you are required to indemnify
us pursuant to these Terms or any order or ruling of a court of law,
you will obtain all necessary approvals and consents from regulatory
authorities for the remittance of such amount to us.
If you have any questions, comments, or concerns about our Services or
Terms of Service you may contact us at: [email protected]