Welcome to Obitt's website at www.obitt.co (the "Website or Site"). For purposes of these Terms, "we", "us","our","Obitt","company","the Software","the Platform" or "the Service" refers to www.obitt.co , and its directors, officers, agents, employees and representatives (collectively, "Obitt"), and "you", "your" and "yours" refers to you, the customer using the Service who indicates his/her acceptance/rejection of these Terms below.By using our Website, you are agreeing to be bound by all terms, conditions, and notices contained or referenced herein (the "Terms"). You may not use this Site if you do not agree to these Terms. We reserve the right, at our sole discretion, to update or revise these Terms without giving you any notice. Please check the Terms periodically for changes or like our "Terms" and "Privacy" pages to get any notice of changes directly on your wall. Your continued use of our Website following the posting of any changes to the Terms constitutes acceptance of those changes.
1.1 By using the Services, you agree that you have read and understood these Terms and you agree to be bound by these Terms and use the Services in compliance with these Terms. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THE TERMS BELOW, DO NOT COMPLETE THE REGISTRATION PROCESS, AND DO NOT ATTEMPT TO USE THE WEBSITE. You expressly represent and warrant that you will not use the Service if you do not understand, agree to become a party to, and abide by all of the Terms specified below. Violation of these Terms can result in legal liability to you. Nothing in these Terms should be construed to confer any rights to third party beneficiaries.
1.2 You can accept the Terms by:
(a) clicking to accept or agree to the Terms, where this option is made available to you by Obitt in the user interface within the Service; or
(b) by actually using the Services. In this case, you understand and agree that Obitt will treat your use of the Services as acceptance of the Terms from that point onwards.
1.3 You may not use the Services and may not accept the Terms if
(a) You are not of legal age to form a binding contract with Obitt, or
(b) You are a person barred from receiving the Services under the laws of other countries including the country in which you are resident or from which you use the Services.
2.1 Obitt name and logo, and all related product and service names, design marks and slogans are the trademarks or registered trademarks of Obitt. The look and feel of this Website, including our colour combinations, button shapes, and other graphical elements, are our trademarks. Unless you have agreed otherwise in writing with Obitt, nothing in the Terms gives you a right to use any of Obitt's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
2.2 You acknowledge and agree that Obitt (or Obitt's licensors and users) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Obitt and that you shall not disclose such information without Obitt's prior written consent.
2.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Obitt, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Obitt's brand feature use guidelines as updated from time to time.
2.4 Other than the limited license set forth in Section 7.0, Obitt acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Obitt, you agree that you are responsible for protecting and enforcing those rights and that Obitt has no obligation to do so on your behalf.
2.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
2.6 You agree that in using the Services, you will not use any trade mark, service mark, trade name, logo or any other Intellectual Properties of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos or other Intellectual Properties, unless you have good right, full power and authority to use such respective marks, names or logos or other Intellectual Properties.
2.7 You are free to display and print a copy of such materials for your personal, non-commercial use provided that (i) you keep intact all copyright and other proprietary notices; (ii) you make no modifications to the materials. Nothing contained herein shall be construed as granting you a license under any copyright, trademark, patent or other intellectual property right of Obitt or any third party, except for the right of use license expressly set forth herein.
3.1 By displaying, posting or submitting content to our Website, you grant Obitt a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by us will not infringe or violate the rights of any third party.
3.2 You agree that this license includes a right for Obitt to make such Content available to other companies, organizations or individuals with whom Obitt has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
3.3 You understand that Obitt, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Obitt to take these actions.
3.4 You confirm and warrant to Obitt that you have all the rights, power and authority necessary to grant the above license.
3.5 You are solely responsible for any content that you submit, post or transmit via our Software and Service. You agree not to post any content that: is libellous, defamatory, and slanderous; contains sexually explicit content; may denigrate any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise; encourages or depicts glamorized drug use; makes use of offensive language; characterizes violence as acceptable, glamorous or desirable.
Our Website may produce automated search results or otherwise link you to other sites on the Internet. For example, if you click on a banner advertisement or a search result, the click may take you off our Website and link you to other sites. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under our control and we are not endorsing such sites. If you use a site that is hyperlinked to our Website, you do so at your own risk. We make no representations concerning the content of sites listed in any of our directories. We are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites.
You are free to establish a hypertext link to the homepage of our Website so long as you comply with the following conditions:
5.1 Your link to our Website must be a text-only link and clearly marked with any of our logos and trademarks;
5.2 Your link may not state or imply any affiliation, connection, sponsorship, or approval of your site by Obitt ;
5.3 The appearance, position and other aspects of your link may not be such as to damage or dilute the goodwill associated with our names and trademarks;
5.4 We reserve the right to revoke our consent to the link at any time in our sole discretion and you will remove the link immediately upon our request.
By linking your website to ours, you are agreeing to be bound by these terms.
6.1 In consideration of your use of our services, you represent that you are of legal age to form a binding contract and are not barred from receiving Obitt services under the laws of the applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the registration form and to maintain and promptly update such information to keep it true, accurate, current and complete on your user profile. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our services or any portion thereof.
6.2 By registering as a user of Obitt you agree NOT to host, display, upload, modify, publish, transmit, update or share any information that:
(a) belongs to another person and to which the user does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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;
(c) harm minors in any way
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, integrity, defence, security or sovereignty of your jurisdiction, 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
6.3 You also agree that violating the Obitt Terms & conditions could result in possible criminal action & legal action as well as financial penalties.Any information collected from you can be shared with law enforcement agencies when necessary to further any investigations which violates our terms and conditions.
6.4 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Obitt, in writing.
Subject to the terms of this Agreement, Obitt grants to you a limited, personal, worldwide, royalty-free, non-assignable, non-transferable and non-exclusive license to use the software provided to you by Obitt as part of the Services as provided to you by Obitt (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service, in each case solely to use the Services to the extent you have the right to access the Services, as provided by Obitt, in the manner permitted by the Terms. Except for this license granted to you, we retain all right, title, and interest in and to the Software, including all related intellectual property rights. The Service is protected by applicable intellectual property laws and other international treaties.
8.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Obitt will always be true, accurate, correct, complete and up to date.
8.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the relevant jurisdication or other relevant countries).
8.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Obitt, unless you have been specifically allowed to do so in a separate agreement with Obitt.
8.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
8.5 Unless you have been specifically permitted to do so in a separate agreement with Obitt, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
8.6 You agree that you are solely responsible for (and that Obitt has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Obitt may suffer) of any such breach.
9.1 You understand that all information (such as files, graphics, links, messages, data files, written text, software, music, audio files or other sounds, photographs, videos or other images, communication or other materials), whether publicly posted or privately transmitted, which you may have access to as part of, or through your use of the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content". Obitt does not control the Content posted or transmitted in any way via the Services and, as such, does not guarantee the accuracy, integrity or quality, completeness, reliability, fitness for any particular purpose or usefulness of such Content.
9.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Obitt (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Obitt or by the owners of that Content, in a separate agreement.
9.3 Obitt reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, Obitt may provide for filtering of certain explicit content (such as explicit sexual content, contents provoking violence, drug, strong racial/ethnic slurs or any other content which the Obitt considers explicit or unacceptable or unreasonable). If you come across any such explicit content while availing the Service, you may report the same to Obitt using the report abuse/spam option made available to you within the service or contact us at email@example.com Send Mail.
9.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
9.5 You agree that you are solely responsible for (and that Obitt has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Obitt may suffer) by doing so.
9.6 You agree to resolve directly and exclusively with third parties any disputes you may have about Content that they have posted or transmitted via the Services. In this regard, you understand that Obitt does not monitor or control the Content posted by others, and instead simply provides a service by allowing users to access information that has been made available.
YOU AGREE THAT YOUR ACCESS AND USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE CONTENT (INCLUDING ALL INFORMATION AVAILABLE ON OR THROUGH THE SITE) IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (INCLUDING SUITABILITY OF THE SITE FOR YOUR NEEDS OR REQUIREMENTS OR THOSE OF ANY OTHER PERSON), WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS. ObittAND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ANY DEFECTS OR ERRORS (INCLUDING, BUT NOT LIMITED TO, PRODUCT DESCRIPTIONS, PRODUCTS, SERVICES OR VOUCHERS PROVIDED THROUGH THIS SITE) WILL BE CORRECT, ACCURATE OR RELIABLE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL ObittOR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, INABILITY TO USE, OR RELIANCE UPON THIS WEBSITE OR THE MATERIALS (INCLUDING PRODUCTS OR SERVICES ACCESSIBLE OR AVALAIBLE THROUGH THIS SITE), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OPPORTUNITIES, OR PROFITS. IN NO EVENT WILL OBITT'S LIABILITY IN CONNECTION WITH A VOUCHER OR A PRODUCT OR SERVICE EXCEED THE AMOUNTS PAID FOR SUCH VOUCHER, PRODUCT OR SERVICE. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS, WHICHEVER IS LESS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS; EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold harmless Obittand our employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of this Site. Obittreserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
Obitt makes no representation that the materials available on this Website are appropriate or available for use internationally, and accessing it from territories where such materials are illegal is prohibited. Those who choose to access our Website from other locations do-so on their own initiative and are responsible for compliance with local laws.
Obitt make every reasonable effort to resolve any disagreements that you have with Obitt. If those efforts fail, by using this Site you agree that any claim, dispute, or controversy you may have against Obitt arising out of, relating to, or connected in any way with this Agreement on this Site or the purchase or sale of any voucher(s), shall be governed by and construed in accordance with the laws and courts of relevant jurisdiction, without reference to any choice of law rules under jurisdiction laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of this site shall be filed only in the courts located in the jurisdiction, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. These Terms may be supplemented by additional terms posted at other locations on this Site, but these Terms will supersede in the event of a conflict with such additional terms. These Terms and such additional terms constitute our entire agreement with you regarding your use of this Web Site.
15.1 The Terms will continue to apply until terminated by either you or Obitt as set out below.
15.2 Obitt reserves the right, in its sole discretion, to terminate your access to all or part of this Website, with or without notice.
15.2 If you want to terminate your legal agreement with Obitt, you may do so by (a) notifying Obitt (in writing at an address which is set out at the beginning of these Terms or e-mail firstname.lastname@example.org Send Mail ) at any time and (b) closing your accounts for all of the Services which you use, where Obitt has made this option available to you on your account settings.
15.3 Obitt may at any time, terminate its legal agreement with you if:
* You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
* Obitt is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
* The partner with whom Obitt offered the Services to you has terminated its relationship with Obitt or ceased to offer the Services to you; or
* The provision of the Services to you by Obitt is, in Obitt's opinion, no longer commercially viable.
15.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Obitt have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
16.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
16.2 Accordingly, you agree that you will be solely responsible to Obitt for all activities that occur under your account.
16.3If you become aware of any unauthorized use of your password or of your account, you agree to notify Obitt immediately at email@example.com Send Mail.
17.1 Obitt is a platform that uses IM, SMS and MMS push pipes as obtained from SMS, MMSand IM aggregators and mobile carriers. While Obitt makes all attempts and ensures that the SMS, MMS and IM traffic is routed most efficiently and effectively it has no control over inherent network congestion and delays.
17.2 We do not provide you with the equipment to access the Services. You are responsible for all fees charged by third parties to access the Service (e.g., charges to send SMS or MMS messages, or data charges by wireless carriers).
17.3 We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Services without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, or parts thereof, except that you are only entitled to a prorated refund representing the unused (as of the date of termination) portion of any subscription fees that you have paid in advance if we permanently discontinue the Service and you have already paid the subscription fees.
17.4 Obitt and/ or itscommunity representatives reserve the right to communicate directly with users through any of the community tools provided, as well as to use automation to do some or all parts of their jobs, including the removal of photos, pornography, or hate communications, as well as to communicate with users through the Web site, mobile phone applications, or text messaging, with the objective of encouraging users to become active users of the community. For security purposes, community representatives may use simulated or assumed identities, photos and interests in their profiles. You agree that your public profile information, including but not limited to your display name, photograph, interests, telephone numbers, mobile phone applications, or text messaging and greeting may be utilized by the community representatives to encourage other users to communicate with you or to interact with the Service.
17.5 You agree that Obitt can, at its sole discretion, add tag line footer messages, help messages, branding messages, and internal advertisements (whether internal, contextual or any other advertisement) at the end of all Obitt group messages sent by you/received by you.
18.1 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
18.2 Except as may be expressly permitted by applicable laws or authorized by us in writing, you will not (and you will not permit/allow/abet anyone else to):
* Store, copy, modify, distribute, publish or resell any of any information; audio, visual, and audio visual works; or other content made available on the Website ("Website Content") or compile or collect any Website Content as a part of database or other work;
* Use any automated tool (e.g., robots, spiders) to avail the Service or store, copy, modify, distribute, or resell any Website Content; * Rent, lease, or sublicense your access to the Services to another person;
* Avail the Services or use the Website Content for any purpose except for your own personal use;
* Circumvent or disable any digital rights management, usage rules, or other security features of the Service;
* Use the Service in a manner that threatens the integrity, performance, or availability of the Services; or
* Remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Services or Website Content.
18.3 You agree not to do any of the following actions while using the Services (especially Obitt services):
* Harass, "stalk", threaten, embarrass or cause distress or discomfort upon another Obitt participant, user, or other individual or entity or in group;
* Upload, post, email, IM, SMS (or MMS), or otherwise transmit via the Services any Content that Obitt considers to be unlawful, harmful, threatening, abusive, harassing, defamatory,
* Upload, post, email, IM, SMS (or MMS), or otherwise transmit any material that contains pornography, obscenity or content that can be found offensive by any race, religion, group, sex, community;
* Upload, post, email, IM, SMS (or MMS), or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit functionality of any computer software or hardware or telecommunications equipment;
* Upload, post, email, IM, SMS (or MMS), or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party;
* Cause any screen in the Services to "scroll" faster than other users are able to type to it or any action to a similar disruptive effect;
* Impersonate in the Services any person, including but not limited to, Obitt official, forum leader, guide or host;
* State or imply that Content you post or transmit through the Services is created or endorsed by Obitt, nor design it in such a way to imply such creation or endorsement;
* Disrupt the normal flow of dialogue within the Services or otherwise act in a manner that negatively affects other participants;
* Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted via the Services;
* Collect or store personal data about other users;
* Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Services or in connection with your use of the Services in any manner;
* Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Services.
* Provide or send any content which may be harmful or detrimental to Obitt or its business associates, or which violates any restriction or policy established by Obitt or its business associates.
* In addition, you understand and acknowledge that differing countries, societies and governments may hold their citizens, companies and visitors to a different standard of conduct and speech (legal, ethical, moral and/or religious), and in this regard your Services may be terminated if they offend the conduct and speech standards of the country they are in or are transmitting in to. Considerations include:
- The sensibilities of the recipient of the transmissions whether they hold a difference religious or ethical viewpoint, are of a different race or heritage, have a mental disorder or handicap, or any other person having special circumstances;
- Transmissions to or aimed at an audience of children (persons under the age of 18) that include references to sexual practices and/or containing inappropriate or offensive language; and
- Content which promotes or incites terrorism, the misuse of weapons, or encourages or incites a person to commit a criminal offense. Note on unsolicited advertising and spam: Obitt policy on using our communication system to market to our users mandates that:
* The sender of any message deemed to be "spam", "marketing" or "mail bombing" to any other user or users will be liable for USD$0, 50/- for each account/user that receives each unauthorized message, commercial (promoting services of a commercial entity) or not.
* The sender will pay all fees owed to Obitt within thirty (30) days of such transmission. [Note: this means that if a message like the one described above is sent to a club/group of 100 users, or to one user 100 times, then you will be liable for USD$50,00/-, payable to Obitt, within 30 days].
18.4 You acknowledge that Obitt doesn't pre-screen Content, but that Obitt and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Services. Without limitation, Obitt shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Obitt, transmitted through the Services, or submitted to Obitt. You acknowledge and agree that Obitt may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Obitt, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
19.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
19.2 The Terms constitute the whole legal agreement between you and Obitt and govern your use of the Services (but excluding any services which Obitt may provide to you under a separate written agreement), and completely replace any prior agreements between you and Obitt in relation to the Services.
19.3 You agree that Obitt may provide you with notices, including those regarding changes to the Terms, by SMS, MMS, email, regular mail, or postings on the Services.
19.4 You agree that if Obitt does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Obitt has the benefit of under any applicable law), this will not be taken to be a formal waiver of Obitt's rights and that those rights or remedies will still be available to Obitt.
19.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
19.6 Legal Notices: The Terms, and your relationship with Obitt under the Terms, shall be governed by the laws of relevant jurisdiction without regard to its conflict of laws provisions. You consent to the exclusive jurisdiction and venue of the state courts of competent jurisdiction located in the relevant jurisdiction. You and Obitt agree to submit to the exclusive jurisdiction of the courts located within the relevant jurisdiction to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Obitt shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Obitt makes no representation that the Services or Software is appropriate or available for use in all countries, and prohibits accessing the Services or Software from any jurisdiction that does not enforce agreements with respect to governing law, including without limitation the governing law provision in the foregoing paragraph. You access the Services or Software on your own initiative and at your own risk and are responsible for compliance with all laws applicable to your use of the Service or Software. Please note that the Service and Software is hosted on the computer servers accross the globe and therefore, any and all data, information or any other personally identifiable data submitted to us by you, whether directly or indirectly, in connection with the Services or Software may be transferred to the country in which the server is located (and we would be bound by relevant of laws of that country), a jurisdiction that might not provide an equivalent level of protection as the data protection laws in your home country. You agree that by using of the Service or Software or submitting any personally identifiable information you thereby expressly consent to and authorize these transfers.
20.1 It is Obitt's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringers.
20.2 Copyright Infringement Claim : Obitt complies with the provisions of the Digital Millennium Copyright Act (DMCA) and the relevant jurisdiction laws. If you have a concern regarding the use of copyrighted material accessible through any portion of the Obitt service, please contact the agent designated to respond to reports alleging copyright infringement. The infringement claims must be made in writing:
The DMCA requires you to include the following information: A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf; Obitt may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Obitt's Copyright Agent the following information:
* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
* A description of the copyrighted work or other intellectual property that you claim has been infringed;
* A description of where the material that you claim is infringing is located on the site;
* Your up-to-date and complete address, telephone number, and email address;
* A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
* A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner/author or authorized to act on the copyright or intellectual property owner's behalf.
* The true, correct, accurate, up-to-date and complete information about the registration of the Copyright (including copyright registration number, date of registration, tenure of availability of copyright etc.), if the copyright is registered.
Please include all such information when corresponding with Obitt's registered agent.
21.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
21.2 The manner, mode and extent of advertising by Obitt on the Services are subject to change without specific notice to you.
21.3 In consideration for Obitt granting you access to and use of the Services, you agree that Obitt may place such advertising on the Services.
Unless otherwise noted, the Services are provided to you free of charge. However, Obitt is not liable for any charges levied upon you by your service provider or wireless carrier. In addition, you must provide and are responsible for all equipment necessary to access the Services.
22.1 Obitt also provides you with Obitt credits ("Obitt credits" or "credits") which constitutes a limited license right to purchase certain features, purchase premium subscriptions or other virtual items (hereinafter referred to individually as "Premium Service" and collectively as "Premium Services") sold through our Service.
22.2 Obitt may charge fees for the right to purchase and use Obitt credits, or may distribute them without charge, in its sole discretion. You can pay these fees using the billing methods listed by us in our Payment terms.
22.3 Regardless of the terminology used, Obitt credits represent a limited license right governed solely under this Agreement. Obitt credits have no monetary value and are non-refundable.
22.4 Obitt has absolute right to manage, regulate, control, modify and/or eliminate Obitt credits as it sees fit in its sole discretion and that Obitt will have no liability to you based on its exercise of such right.
22.5 Information about fees and charges required to access the Premium Services will be available to you through the Service. The fees and charges are inclusive of all applicable taxes.
22.6 Obitt may add new services for additional fees and charges or may proactively amend fees and charges for existing services, at any time in its sole discretion. Fees stated at the beginning to the delivery apply.
22.7 If you purchase any subscription based Premium Service, you authorize Obitt to charge you applicable fees at the beginning of every subscription period.
22.8 Premium Services may be provided to our beta users for free. All beta users will be expected to pay applicable fees at the end of beta period to ensure uninterrupted access to the Premium Services.
22.9 You agree that the billing credentials provided by you for availing purchasing Obitt credits the Premium Services will be correct, accurate and you shall not use billing credentials that are not lawfully owned by you.
22.10 Refunds: If you dispute any charges, you must notify us in writing or email at firstname.lastname@example.org Send Mail within thirty (30) days of any such payment. Failure to notify us shall result in waiver by you of any claims related to such disputed payment. Any refund will be provided in the form of Obitt credits and will be at the sole discretion of Obitt and on a pro-rata basis for the unused portion of the Premium Service only.
22.11 Your access to the Premium Services will be suspended on non-payment of applicable fees and charges OR when you run out of "Obitt credits". You may reinstate your access to the service after payment of all pending charges through the Service or by contacting our customer support by email at email@example.comSend Mail
22.12 Unless you have been specifically permitted to do so in a separate agreement with Obitt, you agree that you shall not and procure that any third party shall not resell Obitt credits and the Premium Services for any purpose.
22.13 Fees and charges shall be calculated solely based on records maintained by us. No other information of any kind shall be acceptable by us or have any effect under this agreement.
22.14 You can earn Obitt Bucks by participating in various activities and responding to certain offers
23.1 Obitt is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Obitt provides may change from time to time without prior notice to you.
23.2 The Services which you use may automatically download and install updates from time to time from Obitt. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Obitt to deliver these to you) as part of your use of the Services.
23.3 As part of this continuing innovation, you acknowledge and agree that Obitt may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Obitt's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Obitt when you stop using the Services.
23.4 You acknowledge and agree that if Obitt disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
24.1 Obitt may make changes to the Terms or Additional Terms from time to time. When these changes are made, Obitt will make a new copy of the Terms available at terms and any new Additional Terms will be made available to you from within, or through, the affected Services.
24.2 You understand and agree that if you use the Services after the date on which the Terms or Additional Terms have changed, Obitt will treat your use as acceptance of the updated Universal Terms or Additional Terms.
<b.24.3< b=""> You hereby indemnify and hold Obitt, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any loss, costs, damages, expenses, and liability caused by your use of the Service, Software, or Service Content, your violation of this Agreement, or your violation of any rights of a third party through use of the Service, Software, or Service Content
Obitt may, at its sole discretion and without giving any notice or obtaining your consent, provide you the Obitt service or any part thereof in English language and/or in any other language as it may desire/determine from time to time.
Obitt Customer Service
Email: firstname.lastname@example.org Send Mail or
email@example.com Send Mail