Terms and Conditions
Since You downloaded Our App from Google Play, You will also be subject to Google Play Terms of Service. If there is any conflict between Google Play Terms of Service and this Agreement with respect to Your use of the App, then, this Agreement shall prevail.
DEFINITIONS AND INTERPRETATION
- Capitalized terms, not defined elsewhere in this Agreement, shall mean as follows:
(a) "App" means the android mobile platform downloadable from Google Play and owned by MobileBaazi, including any updates thereof.
(b) "Google Play" means the service provided by Google Ireland Limited, a third-party Person, located at Gordon House, Barrow Street, Dublin 4, Ireland and/or its affiliates, which You may use to download the App.
(c) "Google Play Terms of Service" means terms of service that apply to the use of Google Play and available at https://play.google.com/about/play-terms.html.
(d) "Person" shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under applicable law.
(e) "Sponsored Content" means content distinct from other regular editorial content displayed on the App, in the form of audio, video, text and/or image media which supports a third party Person’s brand message or views that is readily identifiable upfront through distinct and distinguishable font, colour, display schemes and/or usage of disclaiming words other than those used for regular editorial content (such as Ad", "Powered by", "Sponsored by", "With", Advertorial" and such other phrase of like meaning).
(f) "Sponsored Content Partner" means a User engaged with Us for display of Sponsored Content on the App.
(g) "Mobile Game" refers to video games of skill available on our App developed by Third Party Game Developers.
(h) "Third Party Game Developer" refers to any Person or Entity whose Mobile Game is available on our platform or App.
(i) "User" or "You" or "Your" refers to any Person who has accepted this Agreement to download and/or use the App.
- Any reference to the singular includes a reference to the plural and vice versa, and any reference to one gender includes a reference to other gender(s), unless explicitly provided for.
- Headings and captions are used for convenience only and not for interpretation of the Agreement.
- Any reference to a natural Person shall, include his/her heirs, executors and permitted assignees and any reference to a juristic Person shall, include its affiliates, successors and permitted assignees, unless repugnant to the context.
- Users approve of and accept this Agreement by:
(a) downloading and/or installing the App on Your device; or
(b) accessing or using the App or any of the content available within the App from any device; or
- Users may accept this Agreement only if:
(a) if such User is a natural Person, is of the legal age, eligibility and mental capacity to form a binding contract with MobileBaazi.
(b) if such User is a juristic Person, is lawfully existing and has all the authorizations, permits and allowances to enter into this Agreement and form a binding contract.
(c) such User is not legally barred or restricted from using the App.
- The Agreement shall govern the relationship of each User with MobileBaazi. However, MobileBaazi may also execute separate written agreements with its Users. In case of conflict between terms of such separate written agreement and this Agreement, the terms of the separate written agreement shall prevail.
PROVISION OF THE APP
- The App is designed to provide You an in-app browsing experience through an embedded browser. The App is per se a platform which hosts Mobile Games by Third Party Game Developers. The App does not host, display or transmit any content owned by third parties on its servers, unless We either have a license or are not prohibited under the applicable law, to do the same. When You play a game, You agree and acknowledge that the App does not create and/or broadcast any content on its own accord and MobileBaazi is not responsible or liable for the content or accuracy of the Mobile Game that may be accessed by You through the App.
- The App may include links to other mobile applications and/or websites (some of which may be automated search results) which may contain materials that are objectionable, unlawful, or inaccurate. We do not endorse or support these links or the products and services they provide; these links are provided for Your convenience only. We are not responsible or liable for the content or accuracy of such links.
- You agree and acknowledge that MobileBaazi may, pursuant to its engagement with certain Sponsored Content Partners, place certain Sponsored Content on, about, or in conjunction with the other content within the App. The manner, mode and extent of display of such Sponsored Content is subject to change without a specific notice to You. We don’t promise to but will try Our best to give You a prior notice in this regard.
- In order to provide the App to You, We may request You to register and/or provide information about yourself. We trust that any information provided by You will always be true, accurate, complete and updated.
- The content displayed on the App is for Your non-commercial and personal use. However, Sponsored Content Partners may use the App to display their respective Sponsored Content for commercial purposes. You are not allowed to copy, reproduce, alter, modify, create derivative works of, or publicly display any content displayed on the App.
- We may stop provision of the App (or any part of the App), permanently or temporarily, to You or to Users generally or may modify or change the nature of the App and/or these Terms at Our sole discretion, without any prior notice to You. Your use of the App following any such modification constitutes Your deemed acceptance to be bound by the Agreement (or as it may be modified).
- You agree that You are responsible for all data charges You incur through use of the App.
YOUR AGREEMENT WITH MobileBaazi
- A violation of this Agreement may result in a legal liability upon You and that nothing in this Agreement should be construed to confer any rights to any third party or Person. You are responsible for Your content, conduct and activities while using the App, and for any consequences thereof.
- Ifany provision of the Agreement is found to be unenforceable under the applicable law, it will not affect the enforceability of the other provisions of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.
- We may choose to not act with respect to a breach of this Agreement by You or others, but this does not mean that We cannot act with respect to subsequent or similar breaches. Our intended or unintended failure to exercise or enforce any provision of this Agreement shall not constitute a waiver of such right or provision.
USING THE APP
- You will download and install the App from Google Play for using it. You will also download and update the relevant latest versions of the App and any relevant updates provided by Us to avail continued access to the App. Notwithstanding anything else contained herein, You may use the App for display of Mobile Games or Sponsored Content as either a Third Party Game Developer or as a Sponsored Content Partner only upon a written approval from MobileBaazi in this regard. Please write to Us at MobileBaazi@gmail.com for more information on engaging with us as a Sponsored Content Partner.
- While the App is available to You free of cost, We may amend these Terms and impose a cost on the App in future. We don’t promise to but will try Our best to give You a prior notice in this regard.
- User will use the App only for such purposes as is permitted by:
(a) this Agreement; and
(b) if User is a natural Person, any law, regulation or generally accepted practices or guidelines applicable in the country of which User is a citizen, in which User is resident or from where User uses the App; or
(c) if User is a juristic Person, any law, regulation or generally accepted industry practices and guidelines applicable in the country where User is registered, where User maintains its principle office or from where User uses the App.
- For Your use of the App, MobileBaazi grants You a limited, non-exclusive, non-transferable right to install and use the App on Your android device. However, You shall not copy the App or any of its components, except for the purpose of making a single archival back up copy.
- MobileBaazi also grants You a non-exclusive, non-transferable license to access such content on the App which is owned by MobileBaazi. For using any content owned by a third party Person, You still require a license from such third party Person, We don’t license such content to You and Your use of content owned by a third party Person is governed by applicable terms and conditions prescribed by such third party Person.
RESTRICTIONS ON YOUR USE
- You will not use the App, or any content provided thereof for any purpose that is illegal, unlawful or prohibited by this Agreement.
- You will not access (or attempt to access) the App and/or the content provided through the App by any means other than through the App, unless You have been specifically allowed to do so in a separate written agreement with MobileBaazi.
- You will not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the App or any component or content thereof, available to third parties.
- You will not circumvent or disable any digital rights management, usage rules, or other security features of App; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the App; and not use the App in a manner that threatens the integrity, performance, or availability of the App.
- You will not attempt to or engage in any activity that may:
(a) reverse engineer, decompile or otherwise extract the source code related to the App or any part thereof, unless it is expressly permitted by MobileBaazi to You in writing or is required by the applicable law;
(b) use any robot, spider, retrieval application, or other device to retrieve or index any portion of the App or content thereof;
(c) collect information about Users for any illegal or unlawful purpose;
(d) create any User accounts by automated means or under false or fraudulent pretenses for using the App;
(e) transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the App;
(f) use the App in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the App, or interfere with any other third party Person's use and enjoyment of the App;
(g) carry out any denial of service (DoS, DDoS) or any other harmful attacks on the App or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the App or any part of the App or any User of the App;
(h) forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the App; and/or
(i) obtain any materials or information through any means not intentionally made available, in the opinion of MobileBaazi, through the App.
- You will not impersonate another Person or impersonate, guide or host on behalf of, or falsely state or otherwise misrepresent Your affiliation with any Person or entity, including, but not limited to Our officials, employees, agents, partners, affiliates, dealers and franchisees.
- The App may be used by Third Party Game Developers for display of Mobile Games in such form and manner so as not to confuse or potentially mislead the other Users of the App into believing that such Mobile Game is produced by MobileBaazi
- The Mobile Games will be accompanied by a disclaimer specifying that such game is supplied by the Mobile Game Partner and that MobileBaazi is not involved in the production of such Mobile Game.
- You acknowledge that such Mobile Game is not endorsed by Us and/or Our shareholders, officers, employees and/or agents. You further acknowledge that such Mobile Game is not endorsed by any government agency, professional body, independent agency, experts and/or any other individuals, unless such agency/body is specifically named. None of the Mobile Games reflects the views and/or choices of MobileBaaziand/or of its shareholders, officers, employees and/or agents.
- We endeavour to safeguard Our Users against any misleading or illegal content and accordingly the Third Party Game Developer will ensure, in relation to their respective Mobile Game:
(a) the authenticity and truthfulness of the representations and claims made in the Mobile Game.
(b) that all descriptions, claims and comparisons made in a Mobile Game, which relate to matters of objectively ascertainable facts are capable of substantiation. Where any claims are expressly stated to be based on or supported by independent research or assessment, there is evidence in relation to source, date and authenticity of such research.
(c) that such Mobile Game neither distorts facts nor misleads the Users by means of implications or omissions and does not contain statements or visual presentations which directly or by implication or by omission or by ambiguity or by exaggeration are likely to mislead the Users.
(d) that no Mobile Game is framed to abuse the trust of Users and/or to exploit Users’ lack of experience or knowledge. No Mobile Game contains any claim so exaggerated as to lead to grave or widespread disappointment in the minds of the Users.
(e) that no Mobile Game is a game purely of luck, chance or constitutes ‘gambling’ under relevant laws applicable to MobileBaazi at that time. Third Party Game Developers have represented to us that the Mobile Games they embed on Our App are ‘games of skill’ only and Users who acquire more skill are likely to perform better at these Mobile Games.
- We respect the rights of all Persons and accordingly each Third Party Game Developer will ensure that its Mobile Game does not contain any reference to any Person without a written permission from such Person, especially if such Mobile Game confers or may confer an unjustified advantage to any Person and/or tends to bring any Person into ridicule or disrepute. Third Party Game Developer will also ensure that its Mobile Game does not make any unjustifiable use of the name and/or initials of any other Person nor results in taking an unfair advantage of the goodwill attached to the trade mark, trade name, trade dress or symbol of any Person or such Person’s products and/or goodwill.
- Third Party Game Developer agrees and acknowledges that display of Mobile Game on the App is prohibited if any or all the content within the Mobile Game:
(a) is indecent, vulgar, especially in depiction of women, or is likely, in the light of generally prevailing standards of decency and propriety, to cause grave or widespread offence;
(b) tends to incite people to crime or to promote disorder and violence or intolerance;
(c) derides any race, caste, ethnicity, creed, religion, gender or nationality;
(d) presents criminality as desirable or directly or indirectly encourages people, particularly minors, to emulate it or conveys the modus operandi of any crime;
(e) adversely affects friendly relations of India with any foreign state;
(f) is against the public policy of India;
(g) shows or refers to dangerous practices or manifests a disregard for safety or encourages negligence;
(h) might result in physical, mental or moral harm to the minors or exploits their vulnerability;
(i) does not observe fairness in competition;
(j) is prohibited by law or is not in conformity with the provisions of applicable laws, as amended from time to time;
(k) requests for a User’s health information (including physical and mental health, medical conditions/disabilities), government issued identifiers (including Aadhaar number, social security number, passport number, driver’s license number); and/or
(l) requests for a User’s race or ethnicity, sexual orientation (including information about User’s sexual life), religion or philosophical beliefs, political affiliation, trade union membership status, criminal history.
- Third Party Game Developer shall ensure that display of any Mobile Game for promotion or use of:
(a) foods and beverages:
(i) is presented with caution and care, especially in relation to promotion of foods and beverages containing relatively High Fat, Sugar and Salt (HFSS);
(ii) meets the requirements of basic food standards laid down under the Food Safety Standards Act, 2006 and the rules made thereunder, wherever applicable;
(iii) does not undermine the role of parental care and guidance in ensuring that proper food choices are made by children;
(iv) is not promoted or portrayed as meal replacements; and/or
(v) is not inconsistent with information on the label or packaging of the food or beverage.
(b) educational institutions and programs:
(i) displays the full name and location of the affiliating institution if the institution and/or the program displayed is not recognized and/or approved by any mandatory authority, but may be affiliated to another institution which is approved and/or recognized by a mandatory authority;
(ii) provides full name and date of the publication or medium which released the rankings if stating competitive rank of the institution or its program;
(iii) has testimonials from students who have participated in testimonied program, exams or subject only from the concerned institution if such Sponsored Content contains testimonial of toppers; and
(iv) states the total number of students passing out from the placed class, in the event it states the number of passing out students placed for jobs.
(c) automotive vehicles should not promote:
(i) violation of the traffic rules,
(ii) speed maneuverability in a manner which encourages unsafe or reckless driving, which could harm the driver, passengers and/or general public, and/or
(iii) stunts or actions, which require professional driving skills, in normal traffic conditions which in any case should carry a readable cautionary message drawing viewer attention to the depiction of stunts.
- Third Party Game Developer agrees and undertakes that its Mobile Game is in compliance with all the laws, rules and/or guidelines issued in relation to Mobile Game, by Election Commission of India, Reserve Bank of India, The Advertising Standards Council of India, Department of Electronics and Information Technology and/or any other governmental authority and/or applicable law for the time being in force.
- We reserve the right to reject, approve or remove any Mobile Game for any reason, at Our sole discretion, including content that negatively affects Our relationship with Our Users or that promotes content, services, or activities, contrary to Our company policy, interests and philosophy.
- Third Party Game Developer agrees and acknowledges that its Mobile Game will not:
(a) promote products and/or services which are ‘hazardous’ and/or ‘harmful’ to the society or to individuals, particularly minors;
(b) undermine Our intellectual integrity, authority, and character or damage Our brand;
(c) be in relation to political parties and/or lobby groups;
(d) share a trade name or trademark with a prohibited product or service, i.e., ‘surrogate advertising’;
(e) promote infant baby milk formula, alcohol or cigarettes;
(f) promote gambling; and/or
(g) propagate and/or promote products and/or services banned under the applicable law.
- Your access to the App may be terminated if:
(a) You voluntarily uninstall the App from Your device;
(c) You do not pay the requisite fee, if any, should MobileBaazi charge for use of the App.
- We may have to terminate Your access to the App if:
(a) We are required to do so by law (for example, where the access to and/or provision of the App to You becomes, unlawful);
(b) The third party Person, if any, with whom We offered the App to You has terminated its relationship with Us or ceased to offer the related services to Us or to You;
(c) The provision of App to You, is no longer commercially viable or feasible for Us; or
(d) You are a repeat infringer of this Agreement.
- We may terminate this Agreement at any time, with or without notice and may procure disabling Your access to the App and/or barring You from any future use of the App.
- You may terminate this Agreement at any time by terminating Your access to the App. However, Your certain obligations under this Agreement shall continue to prevail even on such termination.
- When this Agreement comes to an end, all of the legal rights, obligations and liabilities that You and MobileBaazihave benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply to such rights, obligations and liabilities indefinitely.
- Your use of the App is, and at all times shall be, governed by and subject to the laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by Your use of the App through Your device.
- All trademarks, brands and service marks of the App are the property of MobileBaazi only. MobileBaazi owns all the copyrights and database in relation to the App.
- The App and any underlying technology or software used in connection with the App may contain rights of MobileBaazi or its affiliates or any third party Persons. For use of any third-party Person’s intellectual property, You may need to get permission directly from the owner of the intellectual property.
- Any intellectual property which is not specifically mentioned to be owned by MobileBaazi is owned by their respective owners and the owners have a right to take appropriate actions against You for any violation, infringement or passing off.
- MobileBaazi respects the intellectual property rights of others and does not hold any responsibility for any violations of any intellectual property rights by You.
- You are responsible for maintaining the confidentiality of passwords associated with any device You use to access the App. Accordingly, You are solely responsible for all activities that occur with Your device. If You become aware of any unauthorized use of Your device, You will notify the relevant authorities as soon as possible.
LIMITATION OF LIABILITY AND INDEMNIFICATION
- Your use of the App, or any content, including Mobile Game, available thereof is entirely at Your own option and risk and We shall be held harmless and not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, monetary or any other damages, fees, fines, penalties or liabilities whatsoever arising out of or relating to Your use of the App or any content thereof, including Mobile Game.
- You may terminate Your access to the App if You are not satisfied with the App.
- You shall defend, indemnify and hold us, and its officers, directors, employees, representatives and agents harmless from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, reasonable legal fee that may result from or alleged to result from (a) Your use of the App or any content thereof, including Mobile Game; or (b) Your breach of any rules, regulations and/or orders under any applicable law.
- You are also responsible for any breach of Your obligations under the Agreement and/or for the consequences of any such breach.
- We shall make Our best efforts to make the App available to You in the best possible manner. However, We disclaim all warranties in relation to the App, whether express or implied, including but not limited to:
(a) the App being constantly available or available at all;
(b) installation or un-installation choices in relation to the App being successfully executed in all cases;
(c) that App will always function without disruptions, delay or errors;
(d) Your personal ability to use the App;
(e) Your satisfaction with the use of the App;
(f) the accuracy of the data provided by the App;
(g) the security and privacy of Your data;
(h) that all bugs or errors in relation to the App will be corrected;
(i) that the App will be compatible with all devices and all networks;
(j) that the App is fit for a particular purpose or use;
(k) that the App and the contents thereof are accessible in every location; or
(l) that the App and the contents would be perpetually secure and not prone to breaches of security anywhere in the world.
- MobileBaazi, its officers, directors, employees, affiliates and agents and any other service provider responsible for providing access to the App in connection with this Agreement will not be liable for any acts or omissions, including of a third party Person, and including those vendors participating in MobileBaazi’ offerings made to You, or for any unauthorized interception of data or breaches of this Agreement attributable in part to the acts or omissions of third parties Persons, or for damages associated with MobileBaazi, or equipment that it does not furnish, or for damages that result from the operation systems, equipment, facilities or services provided by third parties Persons that are interconnected with MobileBaazi.
GOVERNING LAW AND DISPUTE RESOLUTION
- The App may be controlled and operated through any country and may be subject to the laws of that country in which they are controlled and operated. If You use the App from any location, then, You are responsible for compliance with the local laws applicable to You.
- This Agreement shall be governed by and shall be construed in accordance with the laws of India. All disputes relating to this Agreement shall be settled in the courts located at Delhi, India.
- You and MobileBaazi agree that any cause of action arising out of Your use of the App must be commenced within 3 (three) months after the cause of action accrues or You become aware of the facts giving rise to the cause of action, whichever is later. Otherwise, such cause of action shall be permanently barred.
- MobileBaazi may post notices within the App or send you notices on the e-mail address or the telephone number that You may have shared with Us. You will have received such notices within 3 (three) days of Us sending the notice. Your continued use of the App on expiry of such 3 (three) days shall constitute Your receipt and acceptance of the notices sent to You.
- The contents provided through the App may include technical inaccuracies or typographical errors. MobileBaazi may make changes or improvements to the App at any time. The contents or any information available on the App is provided "as is" and "as available" and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law. MobileBaazi does not warrant that the functions contained in the contents will be uninterrupted or error-free, that defects will be corrected, or the servers that make them available, are free of viruses or other harmful components. MobileBaazi makes no commitment to update the materials on the interface. The above exclusion may not apply to You, to the extent that applicable law may not allow the exclusion of implied warranties. MobileBaazi shall not be liable for any misuse or data theft as a consequence of Your use of the App.
- YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU WILL NOT USE THE APP IF YOU DO NOT UNDERSTAND, AGREE TO BECOME A PARTY TO, AND ABIDE BY ALL THE TERMS SPECIFIED IN THIS AGREEMENT. ANY VIOLATION OF THIS AGREEMENT MAY RESULT IN LEGAL LIABILITY UPON YOU. NOTHING IN THE AGREEMENT SHOULD BE CONSTRUED TO CONFER ANY RIGHTS TO ANY THIRD PARTY PERSON OR ANY OTHER PERSON.
- EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE DO NOT MAKE ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, PERFORMANCE, RESULTS, OR ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE OR IN RESPECT OF ANY MOBILE GAME OR SPONSORED CONTENT. WE WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO ANY THIRD PARTY GAME DEVELOPER OR SPONSORED CONTENT PARTNERS OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY SPONSORED CONTENT DISPLAYED ON OR IN CONNECTION WITH USAGE OF OUR APP.