YOUR ACCESS OR USE OF THE SITE OR SERVICE SHALL MEAN THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS.

By accessing or using any Website or Services you also represent that you have the legal authority as per applicable by law (including but not limited to age requirement) to accept the Terms on behalf of yourself and/or any other person you represent in connection with your use of the Site or Services. If you do not agree to the Terms, you are not authorized to use the Site or Services.

CONTENT OWNERSHIP AND LIMITED LICENSE

Windroidica Content” means Windroidica’s proprietary content, including but not limited to, Windroidica trademarks and logos made available through the Site and Services, excluding Third Party Content and User Submissions.

Third Party Content” You may be able to access, review, display or use third party services, resources, content or information via the Site or the Services.

User Submissions” means the text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content that Windroidica allows its users to uploads, posts, flips, compiles or otherwise provided to Windroidica via the Site and Services, as applicable.

Ownership: The Site, Services and Windroidica Content are protected by copyright, trademark and other applicable laws. Except as expressly provided in these Terms, Windroidica and its licensors exclusively own all right, title and interest in and to the Site, Services, and Windroidica Content, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in Services or Windroidica Content. Windroidica claims no ownership interest in any Third Party Content and expressly disclaims any liability concerning those materials.

Limited License: Subject to your compliance with the Terms herein, Windroidica hereby grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Services for the personal and non-commercial use only. Except for the foregoing limited license, no right, title or interest shall be transferred to you. Content on the Site and/or the Services is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site and/or the Services and the Content. These Terms do not authorize you to, and you may not, reproduce, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of or otherwise use or exploit any Third Party Content or User Submissions in violation of applicable copyright law. Any unauthorized use of the Contents or the Services will result in termination of the limited license granted by Windroidica and cancellation of your membership. Use of Site or the Services for any unauthorized purpose may result in severe civil and criminal penalties. Windroidica does not promote, foster or condone the copying of Content, or any other infringing activity and the owners of Third Party Content or User Submissions may have the right to seek damages against you for any such violation.

Interactions between Users: You are solely responsible for your interactions (including any disputes) with other users. You understand that Windroidica does not in any way screen Windroidica users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Services and disclosing personal information to other Windroidica users. You agree to take reasonable precautions in all interactions with other Windroidica users, particularly if you decide to communicate with Windroidica user offline or meet them in person. Your use of the Site, Services, Windroidica Content, and any other content made available through the Site or Services is at your sole risk and discretion, and Windroidica hereby disclaims any and all liability to you or any third party relating thereto. Windroidica reserves the right to contact Windroidica users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in this Terms You will cooperate fully with Windroidica to investigate any suspected unlawful, fraudulent or improper activity via the Services.

By making available any User Submissions through the Site and Services, you hereby grant to Windroidica and its users a worldwide, non-exclusive, perpetual, irrevocable, transferable, assignable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast, make available, communicate to the public and otherwise use and exploit such User Submissions through or by means of the Site and the Services and/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world.  Windroidica does not claim any ownership rights in any such User Submissions and nothing in these Terms will be deemed to restrict any rights that you may have to use any such User Submissions. You hereby acknowledge and agree that Windroidica shall not be liable for any Uses of your User Submissions by any third party that had access to your User Submissions during the period in which your User Submissions was available on or through the Services. You acknowledge and agree that Windroidica reserves the right to not to publish, display the User Submissions or modify, amend or delete any User Submissions on the receipt of any complaint, that the User Submissions are infringing or in violation of any applicable laws. You acknowledge and agree that you are solely responsible for all User Submissions that you make available through the Site or Services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Submissions that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to Windroidica the rights in such User Submissions, as contemplated under these Terms; (b) neither the User Submissions nor your accessing, posting, submission or transmittal of the User Submissions or Windroidica’s use of the User Submissions (or any portion thereof) on, through or by means of the Site and the Services or any other permitted use will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (c) no payments of any kind shall be due to any third party, whether a copyright owner or an agent thereof, for any use made of the User Submissions (or any portion thereof) on, through or by means of the Site and the Services.

By using the Site or the Services, you acknowledge the sole responsibility for and assume all risk arising from your access to, use of or reliance upon any such Third Party Content, or User Submissions and Windroidica disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Content or User Submissions. You acknowledge and agree that Windroidica: (a) is not responsible for the availability or accuracy of such Third Party Content or User Submissions; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to, reliance on or use of such Third Party Content or User Submissions; (c) does not undertake or assume any duty to monitor for inappropriate or unlawful content on third party websites or User Submissions; and (d) does not make any promises to remove Third Party Content from being accessed through the Site or the Services.

ADVERTISING MATERIAL

Part of the Site or the Services may contain advertising information or promotion material or other material submitted to Windroidica by third parties. Responsibility for ensuring that material submitted for inclusion on the Site complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of advertisers including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Before relying on any advertising material, you should independently verify its relevance for your purpose, and should obtain appropriate professional advice. Windroidica shall not be neither responsible nor liable for any loss or claim that you may have against an advertiser or any consequential damages arising on account of you’re relying on the contents of the advertisement.

COLLECTION AND USE OF PERSONAL INFORMATION

For information about Windroidica’s policies and practices regarding the collection and use of your personally identifiable information, please read the Privacy Policy as available on the Site. The Privacy Policy is incorporated by reference and made part of these Terms. Thus, by agreeing to these Terms, you agree that your presence on the Site and use of the Services are governed by Windroidica’s Privacy Policy in effect at the time of your use. Windroidica reserves the right to disclose any information that is required to be shared, disclosed or made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to Windroidica. Windroidica can further disclose your name, street address, city, state, zip code, country, phone number, email, as it in its sole discretion believes necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.

YOUR OBLIGATIONS

You hereby agree and assure Windroidica that the Site and/or the Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws. You further concur that you shall not:

circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Site or the Services either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Windroidica.

either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms use the Site or the Services in any manner that could damage, disable, overburden, or impair and not to undertake any action which is harmful or potentially harmful to any Windroidica´s server, or the network(s), computer systems / resource connected to any Windroidica server, or interfere with any other party´s use and enjoyment of the Site or the Services; obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site/Services;

  1. perform any activity which is likely to cause such harm;
  2. carry out any “denial of service” (DoS, DDoS) or any other harmful attacks on application or internet service or;
  3. use the Site or the Services for illegal or unlawful purposes;
  4.  disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any Windroidica website or the website of any Windroidica´s customer;
  5. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or the Services;
  6. Attempt to gain unauthorized access to the Services, other accounts and computer systems 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 Site or the Services;
  7. incorporate the Site or Services into or retransmit via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Windroidica in writing;
  8. create, recreate, distribute or advertise an index of any significant portion of the Site or Services unless authorized by Windroidica;
  9. use or launch any “robots”, “spiders”, “offline readers” etc. or any other automated system, that accesses the Site or the Services in a manner that sends numerous automated requests to the Site´s servers in a given period of time, which a human cannot reasonably send in the same period by using conventional web browsing application or tool(s) for similar purposes;
  10. Send or post any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation like solicit login information or access an account belonging to someone else;
  11. Use the Site, Services or Windroidica Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;
  12. Impersonate or misrepresent your affiliation with any person or entity;
  13. Encourage or enable any other individual to do any of the foregoing.

In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based ,on the Content in any way, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Windroidica in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.

The Site may permit you to post user submissions including but not limited to reviews of Content available through the Services, comments on such Content etc. You understand that these User Submissions, once posted by you, are visible to all members since it is a public forum.

More specifically, when you review / rate any Content available on the Services (as per functionality made available on the Site), you give Windroidica express rights and consent to display your rating / review in relation to the relevant Content on the Site, including making it available to other members for viewing. If you do not want your User Submissions / reviews / ratings to be shared in a public forum, do not use these features.

These features may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.

Windroidica is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“User Feedback”), including responses to questionnaires or through postings to the Services / the Site and User Submissions, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Services. By posting / submitting any User Feedback / User Submission on the Site, you grant Windroidica a perpetual, worldwide, non-exclusive, royalty-free irrevocable, sub-licensable license and right in such User Feedback / User Submission to Windroidica, including the right to display, use, reproduce or modify the User Feedback / User Submission in any media, software or technology of any kind now existing or developed in the future.

Operators of public search engines have the permission to use functionalities like spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases, in our sole discretion. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to its User Submissions.

You shall be financially responsible for your use of the Services (as well as for use of your account by others, including without limitation minors living with you). You undertake to supervise and be responsible for all usage of minors and access of the Site under your name or account and absolve Windroidica from any liability on this account. You also warrant that all information supplied by you or members of your family for using the Services and accessing the Site, including without limitation your name, email address, street address, telephone number, mobile number, credit card number is correct and accurate. Failure to provide accurate information may subject you to civil and criminal penalties.

You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.

You agree that Windroidica may directly or through third party service providers send information to you about the various services offered by Windroidica from time to time.

You agree that Windroidica will have the right to investigate and take all appropriate legal action to prevent, stop or deter violations of any of the above, including infringement of intellectual property rights and Site and Services security issues. Windroidica may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use or the rights of any third party.

You acknowledge that Windroidica has no obligation to monitor your access to or use of the Site, Services or Windroidica Content or to review or edit any User Submissions or Third Party Materials, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Windroidica reserves the right, at any time and without prior notice, to remove or disable access to any Windroidica Content, Third Party Materials, and any User Submissions, that Windroidica, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or Services.

PROHIBITED ACTIVITIES

You agree not to host, display, upload, modify, publish, transmit, update or share any information or User Submissions which

  1. belongs to another person and to which the User does not have any right to;
  2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another´s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  3. harm minors in any way;
  4. infringes any patent, trademark, copyright or other proprietary rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  7. impersonate another person;
  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  9. threatens the unity, integrity, defense, security or sovereignty of India, 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;
  10. contain misleading information regarding the origin of the Content; or
  11.  Otherwise contains objectionable content.

You understand and agree that Windroidica may, but is not obligated to, review the User Submissions and may delete or remove it (without notice) in its sole and absolute discretion, for any reason or without assigning any reason.

If you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site,   Windroidica shall have the right to immediately terminate/block your access and usage of the Site and Windroidica shall have the right to immediately remove any non-compliant Content and or comment, uploaded by you and shall further have the right to take recourse to such  remedies as would be available to Windroidica under the applicable laws.

DISCLAIMER OF WARRANTIES AND LIABILITY

You understand and agree that Windroidica provides the Services on ´as-is´ ´with all faults´ and as available´ basis. You agree that use of the Site or the Services is at your risk. All warranties including without limitation, the implied warranties of merchantability, fitness for a particular purpose, for the title and non-infringement are disclaimed and excluded.

No representations, warranties or guarantees whatsoever are made by Windroidica as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that the service will be uninterrupted, timely, secure, or error-free; (c) the quality of any services, content, information, or other material on the website will meet your expectations or requirements; (d) any errors in the Site will be corrected; (e) warranties against infringement of any third party intellectual property or proprietary rights; or (f) other warranties relating to performance, non-performance, or other acts or omissions of Windroidica, its officers, directors, employees, affiliates, agents, licensors, or suppliers.

Windroidica does not warrant that any of the software used and or licensed in connection with the Services will be compatible with other third party software or devices nor does it warrant that operation of the Services and the associated software will not damage or disrupt other software or hardware.

Windroidica, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages arising out of or in any way connected with the use of Site or the Services, whether based in contract, tort, strict liability, or other theory, even if Windroidica have been advised of the possibility of damages.

In the event any exclusion contained herein be held to be invalid for any reason and Windroidica or any of its affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability of Windroidica or any of its affiliate entities, officers, directors or employees shall be limited to not exceeding subscription charges paid by you in the month preceding the date of your claim for the particular subscription in question chosen by you.

Indemnification:

You agree to indemnify, defend and hold harmless, Windroidica, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of:

  1. any claim due to or arising out of your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder;
  2. your use or misuse of or access to the Site or the Services;
  3. your violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right; or
  4. any claim that you have caused damage to a third party.

Windroidica reserves the right, at its own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with Windroidica´s defence of these claims.

Notice of Copyright Infringement:

Our policy is to comply with all Intellectual Property Laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that any work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
  2.  Identification of the copyrighted work claimed to have been infringed.
  3. Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
  4. The address, telephone number or e-mail address of the complaining party.
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
  6. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

 

 

 

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