Terms & Conditions of Usage
This statement of Terms & Conditions of Usage, is our terms of service that governs our relationship with users and others who interact with CommunityAppz. By using or accessing CommunityAppz, you agree to this Statement, as updated from time to time in accordance with Section 14 below. Additionally, you will find resources at the end of this document that help you understand how CommunityAppz works.
If you are a resident of or have your principal place of business in India, this Statement is an agreement between you and CommunityAppz.
1. By "CommunityAppz" we mean the features and services we make available, including through (a) our website at www.CommunityAppz.com and any other CommunityAppz branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Like button, the Share button and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
2. By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from CommunityAppz or provide data to us.
3. By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with CommunityAppz.
4. By "content" we mean anything you or other users post on CommunityAppz that would not be included in the definition of information.
5. By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from CommunityAppz or provide to CommunityAppz through Platform.
6. By "post" we mean post on CommunityAppz or otherwise make available by using CommunityAppz.
7. By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
8. By "active registered user" we mean a user who has logged into CommunityAppz at least once in the previous 30 days.
9. By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
3. Sharing Your Content and Information
You own all of the content and information you post on CommunityAppz. In addition:
1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with CommunityAppz (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
3. When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
4. When you publish content or information, it means that you are allowing everyone, including people off of CommunityAppz, to access and use that information, and to associate it with you (i.e., your name and profile picture).
5. We always appreciate your feedback or other suggestions about CommunityAppz, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We will do our best to keep CommunityAppz safe, but we cannot guarantee it. We need your help to keep CommunityAppz safe, which includes the following commitments by you:
1. You will not post unauthorized commercial communications (such as spam) on CommunityAppz.
2. You will not collect users' content or information, or otherwise access CommunityAppz, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on CommunityAppz.
4. You will not upload viruses or other malicious code.
5. You will not solicit login information or access an account belonging to someone else.
6. You will not bully, intimidate, or harass any user.
7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
8. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
9. You will follow our Promotions Guidelines and all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on CommunityAppz.
10. You will not use CommunityAppz to do anything unlawful, misleading, malicious, or discriminatory.
11. You will not do anything that could disable, overburden, or impair the proper working or appearance of CommunityAppz, such as a denial of service attack or interference with page rendering or other CommunityAppz functionality.
12. You will not facilitate or encourage any violations of this Statement or our policies.
5. Registration and Account Security
CommunityAppz users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
1. You will not provide any false personal information on CommunityAppz, or create an account for anyone other than yourself without permission.
2. You will not create more than one personal account.
3. If we disable your account, you will not create another one without our permission.
4. You will not use your personal timeline primarily for your own commercial gain, and will use a CommunityAppz Page for such purposes.
5. You will not use CommunityAppz if you are under 13.
6. You will not use CommunityAppz if you are a convicted sex offender.
7. You will keep your contact information accurate and up-to-date.
8. You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
9. You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
10. If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
6. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
1. You will not post content or take any action on CommunityAppz that infringes or violates someone else's rights or otherwise violates the law.
2. We can remove any content or information you post on CommunityAppz if we believe that it violates this Statement or our policies.
3. We provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page.
4. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
5. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
6. You will not use our copyrights or trademarks (including CommunityAppz and App Mantras), or any confusingly similar marks, except as expressly permitted by us or with our prior written permission.
8. You will not post anyone's identification documents or sensitive financial information on CommunityAppz.
7. Mobile and Other Devices
1. We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
2. In the event you change or deactivate your mobile telephone number, you will update your account information on CommunityAppz within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
3. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on CommunityAppz.
8. About Advertisements and Other Commercial Content Served or Enhanced by CommunityAppz
Our goal is to empower each registered community to manage the booking of advertisements and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
1. Only the registered community may book advertisements and other commercial or sponsored content at whatever rate they deem fit.
2. The registered community is solely responsible for collecting advertisement related content and graphics etc. from the advertisers.
3. Such advertisements and other commercial or sponsored content booked by the registered community will be visible to all members of the community for the tenure of its booking.
4. In case the registered community does not fill all the advertisement slots, the unfilled slots will be filled with advertisements provided by us.
9. Special Provisions Applicable to Software
1. From time to time, as users, you and others who you have registered with CommunityAppz, will receive emails and SMS text messages pertaining to reminders for action to be taken, lost passwords, information about new version of the software and/or any other information sent by the CommunityAppz pertaining to its operation and usage. You acknowledge your acceptance as well as acceptance on behalf of others who you have registered with CommunityAppz. If this is not acceptable to you, then you may ask to be removed as a member of the community.
2. If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
3. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
4. We try to keep CommunityAppz error-free and safe, but you use it at your own risk. CommunityAppz as is provided as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that CommunityAppz will always be safe, secure or bug-free or that CommunityAppz will always function without disruptions, delays or imperfections. CommunityAppz is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties
5. Limitation of Liability: We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement or CommunityAppz, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of this statement or CommunityAppz will not exceed the greater of rupee one or the amount you, as an individual, have paid us in the past one month.
1. We reserve the sole right to make changes to the app, terms & conditions of usage and other policies and documents for legal or administrative reasons, or to correct inaccurate statements.
2. If we make changes to policies referenced in or incorporated by this Statement, we may provide notice on the website.
3. Your continued use of CommunityAppz following changes to our terms constitutes your acceptance of our amended terms.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of CommunityAppz to you.
1. We may delete your account or disable or delete your application at any time.
2. We will notify you by email or at the next time you attempt to access your account.
3. You may also delete your account or disable or delete your application at any time.
Except as otherwise provided in this para, all disputes, controversies, claims or disagreements arising out of or relating to this Agreement that cannot be resolved independently between the parties within thirty (30) days (singularly, a “Dispute” and collectively, “Disputes”), will be settled by arbitration as follows:
1. Such Dispute may be submitted to arbitration by either party giving written notice to the other party that the party giving the notice has elected to have the Dispute submitted to arbitration. Such arbitration will be carried out by a single arbitrator mutually agreed upon by the parties and conducted pursuant to the rules and procedures set out in the Indian Arbitration and Conciliation Act, 1996 (“IACA”), as amended, or successor legislation. If the parties fail to agree upon an arbitrator within 30 days after a party has notified the other party of the name of the person it nominates to carry out the arbitration, then the appointment of an arbitrator will be determined in accordance with the rules and procedures of the IACA. Any arbitrator nominated or selected will be independent of each of the parties to the Dispute;
2. It is the intention of the parties that the arbitration will be conducted, and that the determination or award of the arbitrator be made and communicated in writing to the parties, as expeditiously as possible and this will be reflected in choice of and directions given to and by the arbitrator. The arbitrator will conduct the arbitration of the dispute as expeditiously as reasonably possible and will provide written reasons for his or her decision. The decision of the arbitrator duly appointed pursuant to this Part 14 will be final and binding upon the parties hereto;
3. The arbitration will be held in Bangalore, India; and
4. No limitation imposed by or pursuant to the IACA on the remuneration of the arbitrator will apply. The arbitrator is authorized to include in his or her determination or award an award in favour of either party in respect of any costs incurred in connection with or in respect of the arbitration, including the cost of the arbitrator and the arbitration and all legal and other professional costs and disbursements and although such an award must be made on a judicial basis, it need not be based on any court-approved tariff bases and may be on a complete indemnity basis. In all other respects the arbitration will be governed by the Indian Arbitration and Conciliation Act, 1996, as the same may be amended or replaced from time to time.
5. Notwithstanding anything contained in this para, each of the parties hereto will be entitled to (i) commence legal proceedings seeking such equitable, mandatory, declaratory or injunctive relief as may be necessary to define or protect the rights and enforce the obligations contained herein pending the settlement of a Dispute, (ii) commence legal proceedings involving the enforcement of an arbitration decision or award arising out of this Agreement, or (iii) join any arbitration proceeding arising out of this Agreement with any other arbitration proceeding arising out of this Agreement.
13. Jurisdiction And Governing Law
1. Jurisdiction - The Courts at Bangalore, Karnataka shall have exclusive jurisdiction in all matters concerning this Agreement including any matter arising out of the arbitration proceedings or any award made therein.
2. Governing Law - This Agreement shall be governed and interpreted in accordance with the laws of India.
3. If anyone brings a claim against us related to your actions, content or information on CommunityAppz, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on CommunityAppz and are not responsible for the content or information users transmit or share on CommunityAppz. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on CommunityAppz. We are not responsible for the conduct, whether online or offline, or any user of CommunityAppz.
1. This Statement makes up the entire agreement between the parties regarding CommunityAppz, and supersedes any prior agreements.
2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
3. If we fail to enforce any of this Statement, it will not be considered a waiver.
4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
7. Nothing in this Statement shall prevent us from complying with the law.
8. This Statement does not confer any third party beneficiary rights.
9. We reserve all rights not expressly granted to you.
10. You will comply with all applicable laws when using or accessing CommunityAppz.