OneVoice

Terms and Conditions

This TERMS OF USE AGREEMENT is made between Mobicule Technologies Pvt Ltd, a company incorporated under The Companies Act, 1956 in India and having its registered office at GF-1, Acme Plaza, Andheri East, Mumbai 400059 (“Mobicule”) and you as user of the Software and/or Website.1. Definitions."Software" means (a) all of the contents of the files downloaded on to the destination including but not limited to (i) computer information or software (ii) related explanatory written materials or files referred hereinafter as "Documentation"; and (iii) fonts (iv) code or programme including its functionality; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, provided to you by "mobicule" referred hereinafter as "Updates"."Use" or "Using" means to access, install, download, copy, or otherwise benefit from using the functionality of the Software in substantial accordance with the Documentation."User" means any person who obtains Software or uses Software or Website for his own purpose or on behalf of some one else and includes any legal entity that obtained the software and on whose behalf it is used."Mobile phone" means mobile and handheld devices used for telecommunication."Mobicule" means Mobicule Technologies Pvt Ltd, incorporated under The Companies Act, 1956 with its Corporate office at GF-1, Acme Plaza, Andheri East, Mumbai 400059."Period of Functionality" means the period for which the software is functionally active and is equivalent to the term of license. “Website” means www.fonebackup.com and all web-pages appearing, appended, available alongwith this website.SOFTWARE LICENCE AND USE :Subject to payment of the applicable fees and royalties and compliance with the other terms described in this Terms of Use Agreement, Mobicule hereby grants to the User in object code form only a non-exclusive, non-transferable, licence to use the Software during the Period of Functionality. User covenants and agrees only one copy of the Software shall be downloaded. Except as specifically permitted in this Agreement, User shall have no right to copy, change, alter, amend, reverse engineer, decompile, reverse translate, disassemble, publish, disclose, display or make available, or in any other manner decode the Software, in whole or in part, or otherwise use the Software in any manner other than as stated herein, User shall not modify or create any derivatives of the Software or merge all or any part of the Software with another program. User shall have no right to sub-license the Software or any copies thereof. In addition, the Licence granted herein shall not constitute a sale, lease, rental or any other transfer of the Software or any copies or part thereof.USE OF THE WEBSITE. User is hereby allowed to use Website subject to the terms and conditions of this Terms of Use Agreement, Privacy Policy and any other terms and conditions to be made applicable to the Website (together “Website Usage Frame”). Any new terms and conditions which will be applicable to the Website may be incorporated as part of Website Usage Frame. In case there is any conflict between the Terms of Use Agreement and other policies the Terms of Use Agreement will govern.The words "use" or "using" in this Terms of Use Agreement, means any time an individual (a "user"), directly or indirectly views the Website and uses for any other purpose.User conveys acceptance to Website Usage Frame everytime the User uses the Website. User has discretion not to use the Website, so in terms User’s use of the Website despite the right and power not to use, it is construed that the User has accepted the Website Usage Frame.Mobicule retains the right to change Terms of Use Agreement from time to time and such modification will be effective from when it is published. Everytime you use the Website, shall constitute your acceptance of changes made to Terms of Use Agreement.Mobicule can provide User, subject to acceptance of terms and conditions of the Website Usage Frame, at its sole discretion the User Name and Password (“User Account”). Mobicule solely reserves the right to accept or reject application without obligation of explanation. Mobicule reserves the right to store, evaluate, anlayse, verify, and authenticate the Personal information and data provided by the User. The User acknowledges hereby that Mobicule continues to maintain right to close the User Account without any notice for any reasons whatsoever it may be.5. Updates. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use such Update. All Updates are provided to you on a license exchange basis. You agree that by Using an Update you voluntarily terminate your right to use any previous version of the Software. Purchase of software does not automatically grant the right to an Update. Update may be charged for.OWNERSHIP OF INTELLECTUAL PROPERTY. MOBICULE:All contents of Software and Website, are the property of Mobicule its affiliates, subsidiaries, licensors, suppliers, service providers, vendors, advertisers, promotional partners, or sponsors and are legally protected, without limitation, under Indian Laws as well as applicable foreign laws, regulations and treaties. You must not alter, delete or conceal any copyright or other notices contained on the Software, Website, including notices on any Website Matter you download, transmit, display, print or reproduce from the Website. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Website Matter without the express prior written consent of Mobicule. Any unauthorized or prohibited use of any Website Material may subject you to civil liability, criminal prosecution, or both, under applicable civil and/or criminal and/or any other laws and regulations.If you believe that the Website contains elements that infringe your copyrights in your work, please notify us immediately. If we receive intellectual property right infringement claim notification, and it is felt appropriate, we may remove all such content which is indicated as infringing and/or take any other appropriate action.USER:IPR of User: Mobicule does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store using the functionality of the Software.RULES OF CONDUCT The Software and the Website is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. Your use of the Software and Website is subject to all applicable local, state, national laws and regulations and international treaties wherever applicable. You shall not use, allow, or enable others to use the Software and Website, or knowingly condone use of this Website by others, in any manner that is, attempts to, or is likely to: o    Impersonate somebody that your real entity, fake identity or any      combination of both or anything related to fake or improper      impersonation. o    be ethically not acceptable, violates laws and regulations of any     state, country. o    affect reputation of the Website or any other party in whatsoever      manner. o    send or result in the transmission of SPAM, junk e-mail, chain      letters, duplicative or unsolicited messages, or so-called      "spamming" and "phishing"; o    transmit, distribute or upload programs or materials that contain      malicious code, such as viruses, timebombs, worms, trojan horses,      spyware, or other potentially harmful programs or other material      or information; o    upload or distribute any data, information or content that is not      developed by you, or without obtaining appropriate licence or      permissions.o    Upload any content defamatory, or violative of privacy or publicity      rights, or contents showing or stating pornographic, discrimination      on sex, religion, skin color, race, nationality or any other socially      undesirable material.o    modify, disrupt, impair, alter or interfere with the use, features,      functions, operation or maintenance of the Website o    Reverse engineer the Websiteo    Or any other usage in inappropriate manner.CONTENTS ON THE WEBSITEThe Website may provide a facility to the User to post your contents on the Website whether by use of Software or otherwise, subject to terms and conditions of Website Usage Frame, including but not limited to your contact lists including but not limited to e-mail addresses, phone nos., Photographs, Literature, Comments, Opinions, Expressions whether in written, audio or visual or both formats (“the Content”). Subject to you instructions, the Website at sole discretion has right to display fully or partially or not to display the Content. User confirms that the Content is Users work and possesses necessary rights and licenses to display the Content on the Website. User acknowledges that Mobicule retains the right to delete such contents without any notice or explanation.User acknowledges that the Content which you intend to display on the Website and to be made available to any user of the Website is beyond control of Mobicule and it will be open for view by any other User.As a User if you find some material which is written about you, your work, or related to you in some manner and if you feel it as derogatory, malicious, wrongful or in any manner discomforting you, do notify us. If necessary, we may delete such content posted on the Website.ADVERTISEMENTS The Website will also post, display, publish or provide links of advertisements of Advertisers. Mobicule doesn’t endorse the advertisements or advertisers or quality, suitability, merchantability, fitness, warranties of the product and/or services offered by such advertisers. User shall directly deal with the Advertisers.LINKS TO THIRD PARTY SITES We may provide links of other websites on the Website, without any warranty, merchantability, endorsement, suitability, any assurance of quality, authenticity, and appropriateness to view such websites and responsibility, liability, obligations on part of the Website.DISCLAIMER AND LIMITATIONS OF LIABILITYTHIS SOFTWARE, WEBSITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTEE OR ASSURANCE THE SOFTWARE OR WEBSITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. THE SOFTWARE, THE WEBSITE ARE NOT HACK PROOF. THE DATA MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS DUE TO UNLAWFUL ACTIVITIES BEYOND CONTROL OF MOBICULE. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Website. You understand, acknowledge and agree that you are assuming the entire risk as to your data, quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, safety, security and validity of any and all features and functions of the Website, including, without limitation, Postings and Materials associated with your use of the Website.YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE WEBSITE, MOBICULE, THE PARENT COMPANIES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SOFTWARE OR WEBSITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.Notwithstanding any claim, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have Mobicule, upon written notice from you to us, attempt to correct deficient services under this Agreement and, if correction or replacement is not reasonably commercially practicable for Mobicule, to refund any monies actually paid by you for Software or use of the Website and to terminate and discontinue your use of the Website. You further understand and acknowledge the liability of the Website is limited. In case some features, transmissions are not processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that Mobicule assumes no liability, responsibility or obligation to exchange of data,transmit, process, store, receive. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you. You shall not hold Mobicule responsible for any third party liability incurred by you due to usage of the Software or Website.INDEMNIFICATIONYou agree to indemnify, defend and hold Mobicule, its parents, subsidiaries, affiliates, successors, assigns and licensors, the Website, or any of their respective officers, directors, employees, agents, vendors, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or due to your activities related to the Website or by usage of the Software, whether by use of User name and Password or not.Mobicule, its parents, subsidiaries, affiliates, assigns and licensors reserve the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with them in the defense of any such claim, action, settlement or compromise negotiations, as requested by the Parent Companies.PRIVACYWe respect your privacy and the use and protection of your Personal Information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Website.APPLICABLE LAWSThis Agreement, together with any Additional Terms, Rules, our Privacy Policy and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and Mobicule and supersedes any and all prior or inconsistent understandings relating to the Software and Website and your use of the Software and Website. This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Software or Website, regardless of form or the basis of the claim, may be brought by you more than six (6) months after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).This Agreement and your use of the Software and Website is governed by, construed and enforced in accordance with the laws of India applicable to contracts made, executed and wholly performed on the website, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the Courts of Mumbai, Maharashtra, India and you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction or otherwise. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SOFTWARE OR WEBSITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.FORCE MAJEURE:Without limiting the foregoing, under no circumstances shall Mobicule be held liable for any damage or loss due to deficiency in performance of the Software or Website resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, earthquakes, floods, tsunamis, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.GENERAL PROVISIONS.Each part of this Terms of Use Agreement is independent of each other. If any part of these Terms of Use Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. Updates may be licensed to you by Mobicule with additional or different terms. In case of any breach of Terms of Use Agreement, Mobicule has a right to terminate Terms of Use Agreement forthwith.IF YOU DO NOT ACCEPT AND ABIDE BY THIS TERMS OF USE AGREEMENT, YOU MUST NOT USE THE SOFTWARE OR WEBSITE.

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