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Sprybirds - Terms Of Use

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TERMS OF SERVICE

Rights and Responsibilities

  This Rights and Responsibilities ("Terms," or "RR") and is our terms of service that governs our relationship with users and others who interact with Sprybirds, as well as Sprybirds brands, products and services, which we call the “Sprybirds Services” or “Services”. By using or accessing the Sprybirds Services, you agree to this Statement, as updated from time to time in accordance with Section 15 below. Additionally, for understanding and help how Sprybirds works you will find resources at the end of this document.

1.   Definitions

  1. Application means any application or website that uses or accesses Sprybirds Platform, as well as anything else that receives or has received data from us. If you no longer access Sprybirds Platform but have not deleted all data from us, the term application will apply until you delete the data.
  2. Agreement means the whole statement of the Terms of Service.
  3. Content means anything you or other users post, provide or share using Sprybirds Services.
  4. Data or user data or user's data means any data, including a user's content or information that you or third parties can retrieve from Sprybirds or provide to Sprybirds through Sprybirds Platform.
  5. Information means facts and other information about you, including actions taken by users and non-users who interact with Sprybirds.
  6. Law means law of India.
  7. Sprybirds Platform means a set of APIs ( Application program interfaces ) and services (such as content) that enable others, including application developers and website operators, to retrieve data from Sprybirds or provide data to us.
  8. Post means post on Sprybirds or otherwise make available by using Sprybirds.
  9. Sprybirds or Sprybirds Services means the features and services we make available through our website at www.sprybirds.com now existing or later developed.
  10. By “use” we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
  11. Business page includes any type of information given by you regarding business.

2.   Other

  1. Terms of Service is an agreement between you and Sprybirds. References to “us,” “we,” and “our” mean Sprybirds.
  2. This agreement makes up the entire agreement between the parties regarding Sprybirds.
  3. If any portion of this agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
  4. If we fail to enforce any clause of this agreement, it will not be considered a waiver.
  5. Any amendment to or waiver of this agreement must be made in writing and signed by us.
  6. You will not transfer any of your rights or obligations under this agreement to anyone else without our consent.
  7. All of our rights and obligations under this agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  8. Nothing in this agreement shall prevent us from complying with the law.
  9. This agreement does not confer any third party beneficiary rights.
  10. We reserve all rights not expressly granted to you.
  11. You will comply with all applicable laws when using or accessing Sprybirds.
  12. You will not be permissible to violate your native laws in using Sprybirds. If you violate the law of your land Sprybirds will not be responsible for that and may take action according to the terms of the agreement.
  13. You will not give wrong information regarding your own business or unauthorized information of the business of any other person or any information regarding business against any law applicable to the users or against Indian Law. Users will personally be responsible for giving any unauthorized information at Business Page. Sprybirds will not be liable for that information and Sprybirds may take action according to the terms of the agreement.

3.   Privacy

Your privacy is very important to us. We designed our Data Policy to make important disclosures about how you can use Sprybirds to share with others and how we collect and can use your content and information. We encourage you to read the Data Policy, and to use it to help you to make informed decisions.

4.   Sharing Your Content and Information

You own all of the content and information you post on Sprybirds, and you can control how it is shared through your privacy and application settings. In addition:
  1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Sprybirds (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
  2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time but will not be available to others.
  3. When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. To learn more about Sprybirds Platform, including how you can control what information other people may share with applications, read our Data Policy and Platform Page.
  4. When you publish content or information using the Open World setting, it means that you are allowing everyone, including people of Sprybirds, to access and use that information, and to associate it with you i.e., your name and profile picture.
  5. We always appreciate your feedback or other suggestions about Sprybirds, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them just as you have no obligation to offer them.

5.   Safety

We do our best to keep Sprybirds safe, but we cannot guarantee it. We need your help to keep Sprybirds safe, which includes the following commitments by you:
  1. You will not post unauthorized commercial communications (such as spam) on Sprybirds.
  2. You will not collect users' content or information, or otherwise access Sprybirds, using automated means such as harvesting bots, robots, spiders, or scrapers without our prior permission.
  3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Sprybirds.
  4. You will not upload viruses or other malicious code.
  5. You will not solicit login information or access an account belonging to someone else.
  6. You will not bully, intimidate, or harass any user.
  7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  8. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content including advertisements without appropriate age-based restrictions and permission of Sprybirds.
  9. You will not use Sprybirds to do anything unlawful, misleading, malicious, or discriminatory.
  10. You will not do anything that could disable, overburden, or impair the proper working or appearance of Sprybirds, such as a denial of service attack or interference with page rendering or other Sprybirds functionality.
  11. You will not facilitate or encourage any violations of this Statement or our policies.

6.   Registration and Account Security

Sprybirds users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
  1. You will not provide any false personal information on Sprybirds, or create an account for anyone other than yourself without permission.
  2. You will not create more than one personal account.
  3. If we disable your account, you will not create another one without our permission.
  4. You will not use your personal open wall primarily for your own commercial gain, and will use a Sprybirds Business Page for such purposes.
  5. You will not use Sprybirds if you are under 13.
  6. You will not use Sprybirds if you are a convicted sex offender.
  7. You will keep your contact information accurate and up-to-date.
  8. You will not share your password or in the case of developers, your secret key, let anyone else access your account, or do anything else that might jeopardize the security of your account.
  9. You will not transfer your account including any Page or application you administer to anyone without first getting our written permission.
  10. If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate such as when a trademark owner complains about a username that does not closely relate to a user's actual name.

7.   Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.
  1. You will not post content or take any action on Sprybirds that infringes or violates someone else's rights or otherwise violates the law.
  2. We can remove any content or information you post on Sprybirds if we believe that it violates this Statement or our policies.
  3. We provide you with tools to help you protect your intellectual property rights.
  4. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
  5. You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by us or with our prior written permission.
  6. If you collect information from users, you will obtain their consent, make it clear you and not Sprybirds are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
  7. You will not post anyone's identification documents or sensitive financial information on Sprybirds
  8. You will not tag users or send email invitations to non-users without their consent. Sprybirds offers social reporting tools to enable users to provide feedback about tagging.

8.   Payments Terms

If you make a payment on Sprybirds, you agree to our Payments Terms unless it is stated that other terms apply.

9.   Special Provisions Applicable to Developers/Operators of Applications and Websites

If you are a developer or operator of a Platform application or website or if you use Social Plugins, you must comply with the Sprybirds Platform Policy.

10.   About Advertisements and Other Commercial Content Served or Enhanced by Sprybirds

Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
  1. You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use it.
  2. We do not give your content or information to advertisers without your consent.
  3. You understand that we may not always identify paid services and communications as such.

11.   Special Provisions Applicable to Advertisers

If you use our self-service advertising creation interfaces for creation, submission and/or delivery of any advertising or other commercial or sponsored activity or content (collectively, the “Self-Serve Ad Interfaces”), you agree to our Self-Serve Ad Terms. In addition, your advertising or other commercial or sponsored activity or content placed on Sprybirds or our publisher network will comply with our Advertising Guidelines.

12.   Special Provisions Applicable to Pages

If you create or administer a Business Page on Sprybirds, or run a promotion or an offer from your Business Page, you agree to our Pages Terms.

13.   Special Provisions Applicable to Software

  1. If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
  2. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.

14.   Amendments

  1. We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
  2. If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on the Site Governance Page.
  3. Your continued use of the Sprybirds Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
  4. Even if changes in the terms and condition have taken place and by any electronic and mechanical reasons the notification is not shown you will have no right to claim against the sprybirds on the basis of the previous version.

15.   Termination

For violation of any terms and condition of the letter or spirit of this Statement, or otherwise create any risk or possible legal exposure for us, we can stop providing all or part of Sprybirds to you according to the violation as we deem fit without assigning any reason. We will notify you by email or at the next time you attempt to access your account. You may also disable your account or your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 1, 2, 4.2, 4.4, 5-5, 10.3, and 15-17.

16.   Disputes

  1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Sprybirds exclusively at the District Court Aligarh, State of U.P., India, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of India will govern this Statement, as well as any claim that might arise between you and us without regard to conflict of law provisions.
  2. If anyone brings a claim against us related to your actions, content or information on Sprybirds, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Sprybirds and are not responsible for the content or information users transmit or share on Sprybirds. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Sprybirds. We are not responsible for the conduct, whether online or offline, of any user of Sprybirds.
  3. We are providing Sprybirds without any warranties.
  4. WE TRY TO KEEP SPRYBIRDS UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING SPRYBIRDS AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT SPRYBIRDS WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT SPRYBIRDS WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. SPRYBIRDS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR SPRYBIRDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR SPRYBIRDS WILL NOT EXCEED THE GREATER OF ONE FIVE THOUSANDS INDIAN RUPEES (Rs. 5000) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. 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. IN SUCH CASES, SPRYBIRDS’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

17.   Special Provisions Applicable to Users outside India

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Sprybirds outside the India:
  1. You consent to having your personal data transferred to and processed with us.
  2. If you are located in a country embargoed by India, or is on the India. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Sprybirds (such as advertising or payments) or operate a Platform application or website. You will not use Sprybirds if you are prohibited from receiving products, services, or software originating from India.

By using or accessing Sprybirds Services, you agree that we can collect and use such content and information in accordance with the Data Policy as amended from time to time.


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