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Terms and Conditions

1. Acceptance

These Smaatzone Terms together with the Privacy Policy and all other additional terms and information that may be provided within the service (collectively “Terms”) govern your use of the service, site, content and software (collectively the "Service"). By registering for or using the service or any portion of it you accept the terms. The terms constitute an agreement between you and Smaat India Pvt. Limited including its affiliates and suppliers (collectively “Smaatzone”), defining your and Smaatzone’s rights and responsibilities with respect to the service.

2. Licenses

Smaatzone grants you a non-exclusive, non-transferable license, revocable at any time at Smaatzone’s sole discretion, to access and use the service strictly in accordance with the terms. Use of the service does not grant you any intellectual property rights in or to any information or content in the service. As part of the service, Smaatzone may provide you with content developed by Smaatzone or its licensors (“Content”). Smaatzone grants you a non-exclusive and perpetual license to use content for the purpose it is intended, unless otherwise defined in the applicable terms or the purchase order. You are bound by any restrictions applicable to specific content you obtain through the service. Any license acquired to third-party content is a binding agreement between you and the third-party content provider. You have only the rights to the content which are expressly granted here. As part of the service, Smaatzone may provide you with certain software developed by Smaatzone or, its licensors (“Software”). Your use of software may be subject to separate terms and conditions that you must accept before using the software. If there are no separate terms and conditions applicable to such software, the following terms apply: Smaatzone grants to you a limited, non-exclusive, non-transferable right to install and use the Software on your computer and/or mobile device. You may not copy the software, except to make a single archival backup copy. You may not distribute, transfer the right to use, modify, translate, reproduce, resell, sublicense, rent, lease, reverse engineer, or otherwise attempt to discover the source code of or make derivative works of the software. For open source licensed software, applicable open source license terms apply. You may be able to submit information or content (“Material”) to the Service. Smaatzone does not claim ownership in your material. Your submission of material does not transfer ownership of rights of the material to Smaatzone. Smaatzone is only transmitting the material and is not responsible for editorial control over it. By submitting material to the service you grant Smaatzone  a world-wide, non-exclusive, sub-licensable, assignable, fully paid-up, royalty-free, perpetual and irrevocable license to use, copy, publicly perform, display, distribute in any media and modify the material to incorporate the material into other works, and to grant similar sublicenses to the extent necessary for Smaatzone to provide the service. You may be able to adjust this grant in the privacy and other settings of the service.

3. Using the Service

You agree to: Comply with applicable laws, the terms and good manners; Use the service only for your personal, non-commercial purposes; Not submit unlawful, offensive, inaccurate, misleading, abusive, pornographic, harassing, libelous, blasphemous, defamatory, obscene, pedophilic, invasive of another’s privacy, hateful, racially or ethically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise inappropriate material. Not to upload or share any information that impersonates another person, threatens the unity, integrity, defence, security or sovereignty of India. Obtain any consents, permission or licenses that may be legally required for you to submit any material; respect the privacy of others; not distribute or post spam, unreasonably large files, chain letters, pyramid schemes, viruses; or not use any other technologies or initiate other activities that may harm the service, or the interest or property of the service users. Not to use any automated systems or means to access, acquire, copy or monitor any part of the service. Be responsible for the consequences related to the material that you post. To report any abuse of the above terms send an email to complaints@smaatzone.com. Smaatzone may but has no obligation to: Monitor or moderate any content or material; remove any material from the service; and restrict access to any part of the service at any time in its sole discretion.

4. Content

Before downloading or accessing any content, please check whether the content which you wish to access is restricted by age or marked as potentially ‘offensive’ or ‘explicit’. Smaatzone shall not be responsible for any claims or offense caused or suffered by you accessing such content. You agree: To use the content only for your personal, non-commercial purposes; to use the content in accordance with the restrictions set out in the applicable laws, additional terms, guidelines and policies or on the product pages that apply to that particular piece of the content; not to make copies, give, sell, resell, loan, rent, offer, broadcast, send, distribute, transfer, communicate to the public, reproduce, modify, display, perform, commercially exploit or make the content available unless otherwise authorized in the applicable terms and to advise Smaatzone promptly of any such unauthorized use; not to remove, circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any applicable usage rules or attempt to circumvent digital rights management or copy protection features associated with the content or any other technologies used to control the access to or use of the content or its identifying information; not to use any automated systems or means, except for those provided by us, for the selection or downloading of the content; not to give out your password or otherwise allow other people to access the content. The restrictions on copying that apply to applicable media also apply to the content accessed as part of this service. The content is owned and/or controlled by Smaatzone and/or its respective licensors and is protected by intellectual property laws. The third party content provider is solely responsible for any content it provides, any warranties to the extent that such warranties have not been disclaimed and for any claims you may have relating to that content or your use of that content. However, Smaatzone reserves the right to enforce the third party content license terms against you as a third party beneficiary of those terms. The third party content providers are third-party beneficiaries under these terms and may enforce the provisions that directly concern the content in which they have rights. Smaatzone may be acting as an agent for third party content provider in providing the content to you. Smaatzone is not a party to the transaction between you and the third party content provider for such content.

 5. Fees

Your use of the service may be or may become subject to charges. Use of the service may involve transmission of data through your service provider’s network. Prices listed within the service do not include possible data transmission, text message, voice or other service provision charges by your network service provider. Smaatzone assumes no responsibility for the payment of any charges of your service providers.

6. Feedback to Smaatzone

By submitting any ideas, feedback and/or proposals ("Feedback") to Smaatzone through the service or other means, you acknowledge and agree that: (1) Smaatzone may have similar development ideas to the Feedback; (2) your Feedback does not contain confidential or proprietary information of you or any third party; (3) Smaatzone is not under any obligation of confidentiality with respect to the Feedback; (4) Smaatzone may freely use, distribute, exploit and further develop and modify feedback for any purpose; and (5) you are not entitled to any compensation of any kind from Smaatzone.

7. Social Activities and Location Sharing

You may use features in the service to share your location, status, and content, materials or personal information or to interact with other users, sites and services. By using these features you agree that Smaatzone may use and provide that information to other services and persons with whom you choose to interact or share this information. Users of these services and persons, such as your contacts, may see your location, status and/or personal information. In using these features you agree not to share information, content or material, or to link to any service or site containing information, content or material, that: (a) contains content or other material that is illegal or inappropriate; (b) exploits intellectual property rights without authorization or encourages users to piracy; or (c) contains sensitive personal data of others. Any interaction does not involve Smaatzone and is solely between you and the other user(s).

8. Availability and Technical Requirements

The availability of content and the service may vary and is subject to Smaatzone’s sole discretion. Smaatzone expressly disclaims any representation or warranty that any particular content or service will be available. The service, operations and some features may also be dependent on the network, compatibility of the devices used and the content formats supported. To access the service, you may need to download a specific piece of software developed by Smaatzone or by another party. Smaatzone may, in its sole discretion, change, correct or discontinue the service in whole or in part. Smaatzone may disable any content or software contained in your service account for any reason and remove any content or software and/or disable copies of any application on your device in order to protect the service, application providers, wireless carriers over whose network you access the service or any other affected or potentially affected parties.

 9. Links to Third Party Sites and Content

Smaatzone may include access to sites and services on the Internet or preloaded clients that enable you to interact with sites and services that are owned or operated by third parties and that are not part of the service. You must review and agree to the terms and conditions of these sites or services before using these sites or services. Smaatzone has no control over the third party content, sites or services and assumes no responsibility for services provided or material created or published on these third-party sites or services. A link to a third-party site does not imply that Smaatzone endorses the site or the products or services referenced in the site. In addition, you and other users may create content and links to content within the service that has not otherwise been submitted to the service. Smaatzone is not responsible for this type of content or links.

10. Advertisements

Service may include advertisements. Advertisements may be targeted to the content or information stored on the service, queries made through the Service, or other information.

11. Personal Data

The privacy policy and any additional privacy information made available to you govern the use of your personal data.

12. Limitation of Liability

The service is provided on “As Is” and “As Available” basis. Smaatzone does not warrant that the service will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of the Service. You expressly agree and acknowledge that the use of the Service is at your sole risk and that you may be exposed to content from various sources. Smaatzone is not liable for any direct damages caused by your use or inability to use the service. In no case will Smaatzone be liable for any indirect, incidental, punitive or consequential damages resulting from your use or inability to use the service.

13. Indemnification

You agree to defend and indemnify Smaatzone from and against all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of (i) your breach of the terms, (ii) your infringement or violation of any intellectual property rights, other rights or privacy of a third party, or (iii) misuse of the service by a third party where the misuse was made possible by your failure to take reasonable measures to protect your username and password against misuse.

 14. Miscellaneous

14.1 Choice of Law

The terms are governed by the laws of India. The Courts at Hyderabad (Telangana State) shall have exclusive jurisdiction over any dispute arising out of your use of the service.

14.2 Changes in Terms

Smaatzone may modify the terms at any time without prior notice. If the terms are changed in a material, adverse way, Smaatzone will provide a separate notice advising of the change. You are responsible for regularly reviewing the terms. Your continued use of the service constitutes your consent to any changes and modification.

15. Intellectual Property

The service, content and software are protected under the copyright laws. Smaatzone claims copyrights in its service, content, and software to the maximum extent of the law. Subject to the terms, Smaatzone retains all rights, titles and interests in the service, its content, the software and in all other Smaatzone products, software and other properties provided to you or used by you through the service.

16. Assignment

Smaatzone may assign its rights and obligations under these terms to its subsidiaries, or to any company under common control with Smaatzone. Additionally, Smaatzone may assign its rights and obligations under these terms to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.

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