Onourem Terms of Service
Last Updated: Feb 12, 2017
1. Agreement to Terms
2. Changes to Terms or Services
Sometimes we may need to modify these Terms, and we may do so at any time. If we do, we'll let you know either by posting the modified Terms on the App or through other communications. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services
You may use the Services only if you are 18 years or older and are not barred from using the Services under applicable law.
4. Registration and Your Information
If you want to use our Services you'll have to create an account ("Account"), which you can do via the App. You can only create one account per person. As part of this Account registration process, you may be requested to provide information about yourself in order to use the Services. It's important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don't, we might have to suspend or terminate your Account. We understand, however, that not all users are comfortable or able to use their legal name for their Account, so you can choose to use any name you use as part of your daily life. You agree that you won't share your Account password with anyone and you'll notify us immediately of any unauthorized use of your Account. You're responsible for all activities that occur under your Account, whether or not you know about them.
We may offer you the opportunity to invite your friends or contacts to download the application and enjoy our services. Onourem reserves the right to suspend an Account holder based on the actions of his or her invitees.
If you elect to invite one or more of your friends or contacts using text messaging (SMS), we may suggest content for the message. You can edit that suggested content, and if you choose to send text message invitations those messages will be sent from the SMS functionality on your phone. If you do choose to send such invitations, you represent to Onourem that the recipients of such invitations have consented to receive such messages from you, and that those recipients do not consider such messages unwanted or unsolicited.
Using the Services
The Services enable you to connect with other individuals using the Services. Account holders may communicate with other Account holders within the App and can exchange messages, pictures, videos, virtual expressions and virtual gifts. Account holders can post messages, pictures, and videos publicly on their profile page. Any Account holder can view your profile page and/or follow you to receive your posts. Account holders can also post public messages or responses to user-curated subgroups, social objects or posts types. Any such posts can be viewed by any Account holder. Account holders are also able to connect with other Account holders by inviting them to connect via the Services. If your invitation to connect is accepted you will be able to individually message the other Account holder.
5. Content and Content Rights
For purposes of these Terms: (i) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) "User Content" means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
Content Ownership, Responsibility and Removal
Onourem does not claim any ownership rights in any User Content and nothing in these Terms restricts any rights that you may have to use and exploit your User Content. Subject to your ownership of your User Content, Onourem and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark and other laws of the India and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Our Services allow you and other Users to post, link, store, share and otherwise make available User Content. You are responsible for the User Content that you post to the Services, including its legality, reliability and appropriateness. By making any User Content available through Services you hereby grant to Onourem a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders. Onourem may also use your User Content in marketing materials for the Services. Onourem will not commercialize your User Content or use it for any other purposes than those described in these Terms.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Onourem on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
We strive for a safe and clean community on Onourem; however, by using the Services, you may be exposed to certain User Content that could be offensive, indecent or otherwise not in line with your expectations. Onourem shall not be liable in any way for any User Content made available via the Services, including but not limited to any errors or omissions in any such User Content or any loss or damage of any kind resulting from any use of such User Content. You may notify Onourem of any User Content that you believe violates these Terms or the Community Guidelines, or other inappropriate user behavior, by emailing Onourem support at firstname.lastname@example.org or via the reporting process within the App. Onourem reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your own User Content) without notice for any reason or for no reason at any time.
Rights in Content Granted by Onourem
Subject to your compliance with these Terms, Onourem grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Alerts and Notifications
As part of the Services we provide, you may (if enabled) receive push notifications, text messages, alerts, emails, or other types of messages directly sent to you outside or inside the App ("Push Messages"). You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services (with the possible exception of infrequent, important service announcements and administrative messages). Please be aware that third party messaging fees may occur for some of the Push Messages depending on the message plan you have with your wireless carrier.
Please note that for the cellular phone number you provide, by agreeing to these terms you expressly and specifically authorize Onourem to send text messages or calls to your phone using an autodialer or a prerecorded voice.You are not required to provide this consent as a condition to using the services and may opt out of such messages.
6. Rights and Terms for Apps
Rights in App Granted by Onourem
Subject to your compliance with these Terms, Onourem grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Onourem reserves all rights in and to the App not expressly granted to you under these Terms.
Additional Terms for App Store Apps
If you accessed or downloaded the App from the Apple App Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple's proprietary operating system software); and (ii) as permitted by the "Usage Rules" set forth in the Apple Store Terms of Service.
If you accessed or downloaded the App from an App Provider, then you acknowledge and agree that:
These Terms are concluded between you and Onourem, and not with App Provider, and that, as between Onourem and the App Provider, Onourem, is solely responsible for the App.
App Provider has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of Onourem.
App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Onourem will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
You must also comply with all applicable third-party terms of service when using the App.
You agree to comply with all India and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App you represent and warrant that: (i) you are not located in a country that is subject to a India Government embargo, or that has been designated by the India Government as a "terrorist supporting" country; and (ii) you are not listed on any India Government list of prohibited or restricted parties.
7. General Prohibitions and Onourem 's Enforcement Rights
We really want everyone to have a great experience using Onourem. That's why you agree not to do any of the following:
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;Collect or store any personally identifiable information from the Services or App from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;Use the Services or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;Use, display, mirror or frame the Services, or any individual element within the Services, Onourem 's name, any Onourem trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Onourem 's express written consent;
Access, tamper with, or use non-public areas of the Services, Onourem 's computer systems, or the technical delivery systems of Onourem 's providers;Attempt to probe, scan, or test the vulnerability of any Onourem system or network or breach any security or authentication measures;Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Onourem or any of Onourem 's providers or any other third party (including another user) to protect the Services or Content;Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Onourem or other generally available third party web browsers;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Although we're not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Onourem respects copyright law and expects its users to do the same. It is Onourem 's policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
9. Links to Third Party Websites or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time through the settings page in the App. When you deactivate your Account, the Account is put into hidden mode during which time your Account will not be accessible through the Services. You can restore your Account during that period by re-login for the Services. When you choose to delete your account, then your Account is deleted and cannot be restored. However, some of your User Content may persist in backup copies for a reasonable period of time. As discussed above, all Virtual Currency is forfeited if your Account is terminated or canceled and you will not be entitled to a refund. Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions shall survive: Purchases; Virtual Currency; Content and Content Rights; Content Ownership, Responsibility and Removal; Additional Terms for App Store Apps; Feedback; Termination; Warranty Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.
11. Warranty Disclaimers
The Services and Content are provided "AS IS," without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
You will indemnify and hold harmless Onourem and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
13. Limitation of Liability
NEITHER Onourem NOR ANY OTHER party involved in creating, producing or delivering the services or content will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES arising ouT of or in connection with thESE TERMS or from the use OF or inability to use the ServiceS or CONTENT, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not ONOUREM has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PUrPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
In no event will Onourem's total liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE the ServiceS or content EXCEED THE AMOUNTS YOU HAVE PAID TO ONOUREM FOR USE OF THE SERVICES OR content OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO ONOUREM, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ONOUREM AND YOU.
14. Force Majeure
Onourem shall not be liable to you for any eventuality caused directly or indirectly by any act of God, wars (declared or undeclared), insurrections, acts of terrorism, acts of governments or boycotts, lockouts and other civil unrest, or any act of similar nature beyond Hike's reasonable control.
15. Amendments to this Agreement
We may in our sole discretion amend this Agreement from time to time without any prior notice. This may include adding new or different terms to, or removing terms from, this Agreement. Your use of the Application upon publication of such amended terms shall constitute your deemed acceptance to the amended Agreement.
16. Entire Agreement
If one or more provisions of this Agreement are held to be unenforceable under Applicable Law(s), the remainder of this Agreement shall be valid and enforceable.
This Agreement may be assigned by Onourem to its successors and assigns including if there is any re-organization of Onourem.
19. Governing Law
This Agreement shall be governed by the laws of India. You irrevocably consent to the exclusive jurisdiction of courts in in Kota, Rajasthan, India for all disputes arising out of or relating to this Agreement.
These Terms constitute the entire and exclusive understanding and agreement between Onourem and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Onourem and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Onourem's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Onourem may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Onourem under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Onourem's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Onourem. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
20. Contact Information
If you have any questions about these Terms or the Services, please contact Onourem at firstname.lastname@example.orgWe will strive to address Your feedback and concerns in a timely and effective manner.
21. Grievance Officer
In the event you have any queries/complaints regarding usage of Application, please contact Nitin Tripathi at email@example.com. The complaints shall be redressed in the manner provided under the (Indian) Information Technology Act, 2000 and rules framed there under.