Terms & Services - Pocketwala
The following terms of service ("TOS") constitute a binding legal agreement (the "Agreement") between You and Pocketwala (hereinafter referred to as "Pocketwala"/"we"/"us"), (which expression shall include its successors and assigns), setting forth the terms and conditions ("Terms") under which the Pocketwala application ("Application") and any related services (collectively "Services") will be licenced to You by Pocketwala.
By accessing, downloading, installing the Application, and using the Services, You represent to Pocketwala that You are competent to enter into a contract (i.e. You a major according to applicable law, of sound mind and not disqualified from entering into a contract under the applicable law) and You have read this Agreement, understand it and agree to be bound by its Terms. Please review the Agreement carefully before accessing, downloading and installation.
Pocketwala is a part of Cinestaan Digital Private Limited. Some of the content available on Pocketwala may be the property of other Products owned by Cinestaan Digital Private Limited. By using Pocketwala, You hereby agree to comply with the terms and conditions of the other Product owned by Cinestaan Digital Private Limited.
If You are using Services on behalf of a company, partnership, association, government or other organisation (Your "Organisation"), You warrant that You are authorised to do so and that You are authorised to bind Your Organisation to these Terms. In such circumstances, "You" will include Your Organisation.
1. Who May Use the Service
You must be at least 16 years old to use the Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian's permission to use the Service. Please have him or her read this Agreement with you.
Notice To Parents And Guardians:
By granting your child permission to use the Pocketwala Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's use of the Pocketwala Service. If your child is using the Pocketwala Service and is either under 16 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the Pocketwala Service is appropriate for your child, please contact us.
Even if you are old enough to use the Pocketwala Service and/or have your parent's or guardian's permission, some of the content available within the Pocketwala Service may not be appropriate for you. Some content may contain "R-rated" material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.
- Subject to the Terms and compliance of the Terms hereof we shall grant You a license to use the Services provided that (a) You shall use the Application solely for Your personal and lawful use only; (b) You will not, nor allow third parties on Your behalf (i) to resell or charge others for use of the Application (ii) to duplicate, disassemble, decompile, transfer, exchange or translate the Application, create derivative works of the Application of any kind whatsoever or attempt to reverse engineer, alter or modify any part of the Application; and (c) You warrant to otherwise comply with the terms and conditions of this Agreement.
- You will not try to access content available on Pocketwala through any other means other than Pocketwala and the Pocketwala Video Player. Activities including but not limited to hacking into, tampering, downloading, accessing, selling, and sharing of the data available on Pocketwala not through any other means other than the Pocketwala app and the Pocketwala video player will violate this Terms of Service document.
- For the avoidance of any doubt, this License is personal, nonexclusive, nontransferable, non-sub licensable, revocable and a limited license to download and use the Pocketwala Application on a mobile device that You own or control.
- All rights not expressly granted are reserved.
3. Application Stores
4. Your Content
When You submit, upload, transmit or display any data, information, media or other content, including but not limited any photos, profiles (including Your name and image), messages, text, video, music, third party links), in connection with Your use of Services (" Your Content")， You understand and agree that:
- You will continue to own and be responsible for Your Content;
- in using Your Content for these purposes, we and our affiliate companies may copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide in all media and by all distribution methods, including those that are developed in the future;
- we may share Your Content with third parties that we work with to help provide, promote, develop and improve Services, but these third parties (other than our affiliate companies) will not make any separate use of Your Content for their own purposes (i.e. for any purposes that are not related to Services);
- we may use the name that You submit in connection with Your Content (whether that be your account name, real name or otherwise); and
- You will comply with these Terms in your submission of Your Content.
- are allowed to retain and continue to use Your Content after You stop using Services – for example, where You have shared Your Content with other users of Services;
- may be required to retain or disclose Your Content in order to: (i) comply with applicable laws or regulations; (ii) comply with a court order, subpoena or other legal process; or (iii) respond to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); and
- may need to retain or disclose Your Content in order to enforce these Terms, protect our rights, property or safety, or the rights, property or safety of our affiliate companies or other users of Services.
- You understand that even if You seek to delete Your Content from Application, it may as a technical and administrative matter take some time or not be possible to achieve this – for example, we may not be able to prevent any third party from storing or using any of Your Content that you have made public via Application.
- We reserve the right to block or remove Your Content for any reason, including as is in our opinion appropriate or as required by applicable laws and regulations.
- You are solely responsible for Your Content and we recommend that You keep a back-up copy of it at all times. You must at all times ensure that: (i) you have the rights required to submit, transmit or display Your Content, and to grant us the rights as set out in these Terms; and (ii) Your Content (and our use of Your Content in accordance with these Terms) does not infringe or violate the rights of any person or otherwise contravene any applicable laws or regulations.
5. Third Party Content and Advertising
- We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by Application, including content provided by users of Application or by our advertisers. You acknowledge and agree that by using Services, You may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from Application by You is at Your own risk. Your use of Services does not give You any rights in or to any content You may access or obtain in connection with Your use of Services.
- We also do not guarantee the quality, reliability or suitability of any third party services provided, made available, advertised or linked through Services and we will bear no responsibility for Your use of or relationship with any such third parties or third party services.
- We may review (but make no commitment to review) content or third party services made available through Application to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third party services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of Services.
- There may be, from time to time, third party content and services on Application that are subject to further terms – for examples, terms from the relevant third party that originally produced or created such content or service, or terms from the relevant third party in relation to promotional activities being held on Pocketwala. You agree to comply with any such further terms and conditions as notified to You in relation to your use of such third party content and services.
- Application may include advertising or commercial content. You agree that we are allowed to integrate, display and otherwise communicate advertising or commercial content in Application and that (where reasonably practicable) we will identify paid such advertising or commercial content. You also agree that we use targeted advertising to try to make advertising more relevant and valuable to you.
6. Our Intellectual Property Rights
You acknowledge and agree that the Application, the Services and all trademarks, service marks and trade names and other intellectual property rights associated therewith are, and shall remain, the property of Pocketwala and its licensors, as applicable. All content related to Services, including any text, graphics, logos, button icons, images, audio clips and software, is the exclusive property of Pocketwala or its licensors and is protected by applicable legislation concerning protection and preservation of intellectual property rights. All software used on the Application is the property of Pocketwala or its software suppliers. Any use except as specifically permitted, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Application is strictly prohibited except as otherwise permitted by law.
7. Use of Your Device by Pocketwala
- In order for us to provide Services to You, we may require access to and/or use of Your relevant device (e.g. mobile phone or tablet) that You use to access Application – for example, we may need to use Your device's processor and storage to complete the relevant Application installation, or we may need to access Your contact list or camera to provide certain interactive functions within Application. You agree to give us such access to and use of Your device.
- You understand that if You do not provide us with such right of use or access, we may not be able to provide Services to you.
- You may also be required to activate certain functionalities within Application in the manner described within Application. You may not be able to use certain functionalities within Application if You do not comply with such requirements.
- Please note that we are not responsible for any third party charges You incur (including any charges from Your internet and telecommunication services providers) in relation to or arising from Your use of Services.
8. Your Account
- You may need to create an account with us in order to access and use Services.
- Any account that You open with us is personal to You and You are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use Your account. Your account name, user ID and other identifiers You adopt within Application remains our property and we can disable, reclaim and reuse these once Your account is terminated or deactivated for whatever reason by either You or us.
- You are responsible for: (i) safeguarding Your account details, including any passwords used to access Your account, and (ii) all use of Services under Your account. We will regard all use of Your account on Application as being by You.
- If You change or deactivate the mobile phone number or any other ID that You used to create an account, You must update Your account information through Settings as soon as You can.
9. Infringement Indemnity
- Neither Pocketwala, nor its affiliates, subsidiaries nor the Licensors will have any liability for any claim based upon or arising out of (a) intentional or negligent acts of anyone other than Pocketwala; (b) the combination, operation or use of the Application with any equipment, devices or software not supplied by Pocketwala; or (c) the alteration or modification of the Application.
- To the full extent permitted by law, this section states the entire liability of Pocketwala, its affiliates, subsidiaries and the Licensors and Your sole remedy with respect to any claim of infringement.
10. Limited Warranty and Safety
We do not represent or warrant that the Application will operate without interruption or will be error free. Especially in the following cases:
- modification or alteration of the Applications made without the prior written approval of Pocketwala;
- accident, neglect, misuse or abuse, or
- exposure to conditions outside the range of the environmental, power and operating specifications provided by Pocketwala.
By using the Services, You agree that You will not:
- use the Services for any purpose that is illegal or prohibited in these Terms;
- use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user's information.
- use or develop any third-party applications that interact with the Services or other users' content or information without our written consent;
- use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services;
- use or attempt to use another user's account, username, or password without their permission;
- solicit login credentials from another user;
- post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence;
- upload viruses or other malicious code or otherwise compromise the security of the Services;
- attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that You are not authorized to access;
- probe, scan, or test the vulnerability of our Services or any system or network;
- encourage or promote any activity that violates these Terms;
- We also care about Your safety while using our Services. So do not use our Services in a way that would distract You from obeying traffic or safety laws.
11. Disclaimer and Limitation of Liability
- We only provide You an application which can play and upload healthy and legitimate contents. Please do not use the Application to hurt anyone or engage in illegal activities. If Your behavior causes any damages or infringes any third party's legitimate rights, You may solve Yourself and bear corresponding liabilities of compensation.
- We will not assume any guarantee or warranty liabilities for any third-party software, services, or applications.
- Except as expressly set forth in this TOS, neither Pocketwala, its affiliates, subsidiaries nor the Licensors make any other warranties, express or implied, including any implied warranties of merchantability and fitness for a particular purpose. Pocketwala, its affiliates, subsidiaries and the Licensors expressly disclaim all warranties not stated in this TOS. Any implied warranties that may be imposed by law are limited to the terms contained in this TOS to the maximum extent permitted by law.
- To the maximum extent permitted by applicable laws, under no circumstance shall Pocketwala, its affiliates, subsidiaries and the Licensors be liable to You or any third person for personal injury, or any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup Your data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of Application, or following a failure, suspension or withdrawal of all or part of the Application at any time, any third party content, software or functions used in connection with the Application even if Pocketwala, its affiliates, subsidiaries and the Licensors have been advised of the possibility of such damages.
- You agree to indemnify, defend and hold harmless Pocketwala, its subsidiaries, affiliates and Licensors and each of their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind arising out of: (a) Your access to or use of the Application and related services; (b) any breach by You of Your obligations under this Agreement; (c) Your violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary right or trade secret of any person or entity, or of any privacy or consumer protection right that is implicated herein; (d) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; (e) Your negligence or willful misconduct. These obligations will survive termination of this Agreement.
- If your behavior does not comply with the Terms of Service or related laws and regulations and is found out by means of notification or report, we have the right to make independent judgment. We also have the right to terminate some or all of the services provided to you immediately without informing you. If your behavior causes any third party to lodge claims or causes damage or loss, you may assume full responsibility.
- This Agreement commences on the date You accept the Terms of this Agreement. We may terminate or suspend use of the Application at any time in our discretion, without notice to You. Upon any termination for any reason, we shall have no liability to You and no further obligations under this Agreement.
- Immediately upon termination, (a) the rights granted to You herein shall terminate; (b) You must cease all use of the Application and related services.
- Your rights under this Agreement will terminate automatically if You fail to comply with any term(s) of this Agreement including misuse of the Application.
- All sections that may be reasonably interpreted to or are intended to survive this Agreement will survive this Agreement.
14. Governing Law and Disputes
- All matters pertaining to Pocketwala (including its validity, performance and breach) shall be governed by and construed and enforced in accordance with the laws of the Republic of India applicable to contracts made and to be performed entirely in India without regard to principles of conflict of laws. Any dispute arising out of or in connection with this Agreement will be finally resolved through arbitration in Mumbai, India in accordance with the rules and procedures of the Arbitration and Conciliation Act, 1996 then in force, conducted by a single arbitrator experienced and knowledgeable in the entertainment industry with the right to conduct discovery. Each party retains the right to obtain judicial assistance for the following reasons: (a) to compel arbitration; (b) to obtain interim measures of protection pending or during arbitration; and (c) to enforce any decision of the arbitrator, including the final award. The parties agree that the courts of Mumbai, India are appropriate courts within which to hear such matters and/or enforce each award, the site user hereby consents to and submit to the jurisdiction of the courts located in the Mumbai, India and waive any defences based upon lack of personal jurisdiction or venue or inconvenient forum.
- For any dispute you have with us, you agree to first contact us and attempt to resolve the dispute with us informally.
15. General Terms and Conditions
The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision, the remaining provisions being deemed to continue in full force and effect.
We may assign this TOS or any of the rights or obligations hereunder, and any causes of action arising hereunder, to any third party without necessity or obligation of notice to you.
Amendments to this Agreement
We may in our sole discretion amend this Agreement from time to time without any prior notice. This may include adding new or different terms to, or removing terms from, this Agreement. Such change shall be notified in the Application. Your use of the Application after such notice of any change shall be deemed to be an acceptance to the amended Agreement.
The waiver or failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further right hereunder.
We will not be responsible for any failure to perform its obligations under this TOS due to circumstances beyond its reasonable control, including without limitation acts of God, war, riot, terrorism, embargoes, acts of civil or military authorities, fire, flood or accidents. You agree that Pocketwala will be entitled to all legal and equitable remedies otherwise available to it to protect the intellectual property, proprietary rights and Confidential Information of itself and its Licensors, including without limitation, the right to seek and obtain injunctive relief and enforce the same against you without the necessity of having to post bond or other such guarantee.
16. Changes to this TOS