TERM'S & CONDITION'S
You can read the terms of our website here
Please review these Terms carefully before using the Site and Services.
By using any of the Site and Services, you accept these Terms.
1. Changes
We may occasionally change these Terms, so we encourage you to review
the Terms periodically. The most current version of the Terms (along with their
effective date) will be linked from each of the Site and Services. If you
continue to use the Site and Services after we change the Terms, you accept all
changes.
2. Privacy Policy; Additional Terms
Our Privacy Policy describes our practices concerning data that you
provide or that we may collect about you through the Site and Services, and you
consent to our use of data in compliance with the Privacy Policy.
Additional terms may apply to your use of the Site and Services. We will
provide these terms to you or post them on the Site and Services to which they
apply; they are incorporated by reference into these Terms. If there is a
conflict between these Terms and any additional terms that apply to a
particular Service, the additional terms will control.
Sweepstakes, contests, and promotions on the Site and Services may also
have additional rules and eligibility requirements, such as certain age or
geographic area restrictions, and you are responsible for complying with these
rules and requirements.
3. Registration and Access Controls
You are responsible for maintaining the confidentiality of your login names
and passwords and you accept responsibility for all activities, charges, and
damages that occur under your account. If you have reason to believe that
someone is using your account without your permission, you should contact us
immediately. We will not be responsible for any loss or damage resulting from
your failure to notify us of unauthorized use.
If we request registration information from you, you must provide us
with accurate and complete information and must update the information when it
changes. You may not access any age-restricted Services unless you are above
the required age.
4. Intellectual Property; License
The content, information, data, designs, code, and materials associated
with the Site and Services (“Content”) are protected by intellectual property
and other laws. You must comply with all such laws and applicable copyright,
trademark or other legal notices or restrictions.
Subject to these Terms, you may access and use the Site and Services
only for your own personal, non-commercial use. We reserve all other rights to
the Site and Services and Content, and you may not otherwise copy, reproduce,
distribute, publish, display, perform, or create derivative works of the Site
and Services or Content without our permission. You also may not transfer or
sublicense this limited right to use the Site and Services or resell the Site
and Services.
a. Viral Distribution
We may expressly authorize you to redistribute certain Content for
personal, non-commercial use. We will identify the Content that you are
authorized to redistribute and describe ways you may redistribute it (such as
via email, blogs, or embedded players, or by producing Mash-Ups). We may revoke
this authorization at any time. If you redistribute Content, you must be able
to edit or delete such publicly posted Content and you must edit or delete it
promptly upon our request.
b. Commercial Licenses
You must obtain our written permission for commercial use of the Content
or the Site and Services. If you wish to license Content from the Site and
Services, please contact us.
5. Legal Complaints
The Techmohtox respects intellectual property rights. If you believe
that Content on the Site and Services infringes your copyright, please follow
our procedures for making a copyright infringement claim. If you have a legal
complaint other than a copyright claim, please follow our procedure for making
other legal complaints.
6. User Submissions
Some of the Site and Services may allow you to submit or transmit audio,
video, text, or other materials (collectively, “User Submissions”) to or
through the Site and Services. When you provide User Submissions, you grant to
The Techmohtox, its parent, subsidiaries, affiliates, and partners a non-exclusive,
worldwide, royalty-free, fully sublicenseable license to use, distribute, edit,
display, archive, publish, sublicense, perform, reproduce, make available,
transmit, broadcast, sell, translate, and create derivative works of those User
Submissions, and your name, voice, likeness and other identifying information
where part of a User Submission, in any form, media, software, or technology of
any kind now known or developed in the future, including, without limitation,
for developing, manufacturing, and marketing products. You hereby waive any
moral rights you may have in your User Submissions.
We respect your ownership of User Submissions. If you owned a User
Submission before providing it to us, you will continue owning it after
providing it to us, subject to any rights granted in the Terms and any access
granted to others. If you delete a User Submission from the Site and Services,
our general license to that User Submission will end after a reasonable period
of time required for the deletion to take full effect. However, the User
Submission may still exist in our backup copies, which are not publicly
available. If your User Submission is shared with third parties, those third
parties may have retained copies of your User Submissions. In addition, if we
made use of your User Submission before you deleted it, we will continue to
have the right to make, duplicate, redistribute, and sublicense those
pre-existing uses, even after you delete the User Submission. Terminating your
account on a Service will not automatically delete your User Submissions.
We may refuse or remove a User Submission without notice to you.
However, we have no obligation to monitor User Submissions, and you agree that
neither we nor our parent, subsidiaries, affiliates, employees, or agents will
be liable for User Submissions or any loss or damage resulting from User
Submissions.
Except as provided in the Privacy Policy, we do not guarantee that User
Submissions will be private, even if the User Submission is in a
password-protected area. Accordingly, you should not provide User Submissions
that you want protected from others.
You represent and warrant that you have all rights necessary to grant to
The Techmohtox the license above and
that none of your User Submissions are defamatory, violate any rights of third
parties (including intellectual property rights or rights of publicity or
privacy), or violate applicable law.
7. Third-Party Content
We occasionally provide third party content or link to third party
websites on the Site and Services. We do not necessarily endorse or evaluate
third party content and websites, and we do not assume responsibility for third
parties’ actions or omissions. You should review third parties’ terms of use
and privacy policies before you use their services.
8. Fee-Based Services
If you accept fee-based products or features, you agree to the terms and
conditions governing all such purchases, including all requirements to pay
applicable fees and charges. We will notify you of any changes to fees and
charges. Billing for all mobile subscription services will be governed by the
Mobile Features section of these Terms unless the terms of the subscription say
otherwise.
We may offer trial subscriptions to paid services for free or at special
discounted prices. Unless otherwise stated, these trial subscriptions and any
other subscription services we provide will be automatically renewed at the
current subscription rate if you do not cancel before the end of the trial or
subscription period. You may need to cancel your subscription at least 10 days
prior to its renewal date in order to avoid further charges.
Unless otherwise stated, all fees and charges are non-refundable,
including for unused portions of cancelled subscriptions. We do not provide
price protection or refunds in the event of a price drop or promotional
offering.
9. Acceptable Use
The Site and Services have been designed to present Content in a unique
format and appearance. Unless we give you permission, you agree not to access
the Site and Services using any interface other than ours. We may deny
permission to link to the Site and Services for any reason in our sole
discretion, and you must be able to edit or delete promptly links that you
create, upon our request.
Without limiting any other provision in these Terms, you may not use the
Site and Services to do the following or assist others to do the following:
Threaten, defame, stalk, abuse, or harass other persons or engage in
illegal activities;
Link to the Site and Services from a site or transmit any material that
is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory,
obscene, illegal, sexually explicit, racist, that promotes violence, racial
hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise
objectionable;
Frame the Site and Services, display the Site and Services in connection
with an unauthorized logo or mark, or do anything that could falsely suggest a
relationship between The Techmohtox
Parties and any third party or potentially deprive us of revenue (including,
without limitation, revenue from advertising, branding, or promotional
activities);
Violate any person’s or entity’s legal rights (including, without
limitation, intellectual property, privacy, and publicity rights), transmit
material that violates or circumvents such rights, or remove or alter
intellectual property or other legal notices;
Transmit files that contain viruses, spyware, adware, or other harmful
code;
Advertise or promote goods or services without our permission
(including, without limitation, by sending spam);
Interfere with others using the Site and Services or otherwise disrupt
the Site and Services;
Transmit, collect, or access personally identifiable information about
other users without the consent of those users and The Techmohtox;
Engage in unauthorized spidering, “scraping,” or harvesting Content,
contact or other personal information, or use any other unauthorized automated
means to compile information;
Impersonate any person or entity or otherwise misrepresent your
affiliation or the origin of materials you transmit; or
Defeat any access controls, access any portion of the Site and Services
that we have not authorized you to access (including password-protected areas),
link to password-protected areas, attempt to access or use another user’s
account or information, or allow anyone else to use your account or access
credentials.
10. Site Access; Account Deletion
We may take any of the following actions in our sole discretion at any
time and for any reason without giving you prior notice:
Restrict or terminate your access to the Site and Services;
Change or discontinue the Site and Services;
Deactivate your accounts and delete all related information and files in
your accounts;
Provide information concerning you and your activities to comply with
applicable laws or respond to court order, subpoenas, or other lawful requests,
or if we believe doing so would protect your safety or that of another person
or protect the security of the Site and Services, or as otherwise described in
the Privacy Policy.
We will not be liable to you or any third party for taking any of these
actions and we will not be limited to the remedies above if you violate these
Terms.
If you do not agree to these Terms, you should immediately stop using
the Site and Services. If you want to delete your account on a Service, please
use contact instructions posted on the Service at which you obtained the
account. Any User Submissions you made while using the Site and Services will
continue to be governed by Section 6 of these Terms.
Sections 6 and 11-15 of these Terms will survive any termination of your
access to the Site and Services, whether we terminate your access or you
voluntarily discontinue your use.
11. Indemnification
You will defend, indemnify, and hold harmless The Techmohtox, its parent, subsidiaries,
affiliates, and the directors, officers, employees, shareholders, vendors,
partners, contractors, agents, licensors or other representatives of each of
them and all of their successors and assigns (collectively, the “The Techmohtox Parties”) with respect to all
claims, costs (including attorney’s fees and costs), damages, liabilities, and
expenses or obligations of any kind, arising out of or in connection with your
use or misuse of the Site and Services (including, without limitation use of
your account, whether or not authorized by you, and claims arising from User
Submissions). The Techmohtox retains the
right to assume the exclusive defense and control of any claim subject to
indemnification, and in such cases you agree to cooperate with us to defend
such claim. You may not settle any claim covered by this Section 11 without The
Techmohtox’s prior written approval.
12. Disclaimers; Limitation of Liability
THE TECHMOHTOX PARTIES DO NOT
WARRANT: (1) THAT the Site and Services, ANY OF the Site and Services’
FUNCTIONS OR ANY CONTENT OR SOFTWARE CONTAINED THEREIN WILL BE UNINTERRUPTED OR
ERROR-FREE; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT the Site and Services
OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4)
THAT the Site and Services OR INFORMATION AVAILABLE THROUGH the Site and
Services WILL CONTINUE TO BE AVAILABLE. THE TECHMOHTOX PARTIES DISCLAIM ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. the Site and
Services, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS
MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM the Site and Services, ARE
PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
THE TECHMOHTOX PARTIES WILL NOT
BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING,
WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY,
ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH the Site and
Services OR YOUR USER SUBMISSIONS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE
OF THE TECHMOHTOX PARTIES HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION,
WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR
OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT) UNLESS SPECIFIED IN WRITING. THE TECHMOHTOX PARTIES’ LIABILITY IN CONNECTION
WITH the Site and Services OR YOUR USER SUBMISSIONS FOR WILLFUL MISCONDUCT WILL
NOT EXCEED THE AMOUNT PAID BY YOU TO The Techmohtox IN THE THREE MONTHS PRECEEDING THE
CLAIM.
YOUR ACCESS TO AND USE OF the Site and Services IS AT YOUR RISK. IF YOU
ARE DISSATISFIED WITH the Site and Services OR ANY OF THE CONTENT, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING the Site and
Services.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT
OF THE TECHMOHTOX PARTIES’ ACTS OR
OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO
ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION
OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR
OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY THE TECHMOHTOX PARTIES, INCLUDING WITHOUT
LIMITATION the Site and Services (INCLUDING THOSE INCORPORATING USER
SUBMISSIONS).
13. Governing Law, Venue, and Jurisdiction
These Terms and all claims arising from or related to your use of the
Site and Services will be governed by and construed in accordance with the laws
of the The Information Technology Act, 2000 (also known as ITA-2000, or the IT Act), nation of the India.
Notwithstanding any other provision of these Terms, we may seek
injunctive or other equitable relief from any court of competent jurisdiction.
Regardless of any statute or law to the contrary, you must file any
claim or action related to use of the Site and Services or these Terms within
one year after such claim or action accrued. Otherwise, you will waive the
claim or action.
14. Arbitration
We may elect to resolve any controversy or claim
arising out of or relating to these Terms or the Site and Services by binding
arbitration in accordance with the commercial arbitration rules of the INDIAN
COUNCIL OF ARBITRATION.
15. Affiliate Links
When an application is reviewed on The Techmohtox, particularly when it is of the
mobile variety, the reader should be aware that it is common practice for us to
use affiliate links. The Techmohtox may,
assuming that the app is not free, receive a small commission on the sale of
said app. Though it should be noted that these links will never be allowed to
sway our decision in reviewing an application on the site. We strive, first and
foremost, to present our readers with applications that we consider to be of
impeccable quality. No amount of commission on the sale of an application would
move us away from this standard.
16. Advertisements
The Techmohtox relies, primarily,
upon the sale of advertisements for monetization of our site. We do not accept
money to write articles about specific companies, whether positive or negative
in tone. Advertising on The Techmohtox
exists in the form of display ads and sponsored topics. As a rule, sponsored
topics will not mention the advertiser, and this content will be clearly and
conspicuously labeled at all times. An example of sponsored content would be a
post that focuses on the topic of package design, sponsored by an automotive
company.
17. Miscellaneous
We may be required by national law to notify you of certain events. You
hereby acknowledge and agree that such notices will be effective upon our
posting them on our sites or delivering them to you via email. You may update
your email address by visiting the Site and Services where you have provided
contact information. If you do not provide us with accurate information, we
will not be responsible for failure to notify you. Our failure to exercise or
enforce any right or provision in these Terms will not constitute a waiver of
such right or provision. These Terms, including all additional terms,
conditions, and policies on the Site and Services, constitute the entire
agreement between you and us and supersede all prior agreements with respect to
the subject matter hereof. If any part of these Terms is determined to be
invalid .