TERMS OF USE

Original version, published on September 12, 2019

 

 

The terms (“us,” “we,” the “Company” or “Tinysocials”) refer to Teemac Technology Solutions Private Limited.

 

TABLE OF CONTENTS

1. ACCEPTANCE OF TERMS OF USE AGREEMENT

2. ELIGIBILITY

3. YOUR ACCOUNT

4. MODIFYING THE SERVICE AND TERMINATION

5. SAFETY; YOUR INTERACTIONS WITH OTHER USERS

6. RIGHTS TINYSOCIALS GRANTS YOU

7. RIGHTS YOU GRANT TINYSOCIALS

8. COMMUNITY RULES

9. OTHER USERS' CONTENT

10. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

11. DISCLAIMERS

12. THIRD PARTY SERVICES

13. LIMITATION OF LIABILITY

14. GOVERNING LAW

15. VENUE

16. INDEMNITY BY YOU

17. ENTIRE AGREEMENT; OTHER

 

1. ACCEPTANCE OF TERMS OF USE AGREEMENT

By creating a Tinysocials account, through the mobile application you agree to be bound by (i) these Terms of Use, and (ii) our Privacy Policy, each of which is incorporated by reference into this Agreement. If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.

We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on our website Tinysocials.com, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.

 

2. ELIGIBILITY

You must be at least 18 years of age to create an account on Tinysocials and use the Service. By creating an account and using the Service, you represent and warrant that:

  • you can form a binding contract with Tinysocials,

  • you are not a person who is barred from using the Service under the laws of India, the United States or any other applicable jurisdiction for any reason whatsoever.

  • you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and

  • you have never been convicted of a criminal offense involving theft, violence, harassment, extortion, abduction, physical or sexual assault.

 

3. YOUR ACCOUNT

In order to use Tinysocials, you are required to sign in using your mobile number. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Tinysocials, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us.

 

4. MODIFYING THE SERVICE AND TERMINATION

Tinysocials is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as technical, safety or security concerns, prevent us from doing so.

You may terminate your account by contacting us via email on idea@teemac.in. Tinysocials may terminate your account at any time without notice if it believes that you have violated this Agreement.

 

5. SAFETY; YOUR INTERACTIONS WITH OTHER USERS

Though Tinysocials strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly when you communicate off the Service or meet in person. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT TINYSOCIALS DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. TINYSOCIALS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS.

 

6. RIGHTS TINYSOCIALS GRANTS YOU

Tinysocials grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by Tinysocials and permitted by this Agreement. Therefore, you agree not to:

  • use the Service or any content contained in the Service for any commercial purposes without our written consent.

  • copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Tinysocials’ prior written consent.

  • express or imply that any statements you make are endorsed by Tinysocials.

  • use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.

  • use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.

  • upload viruses or other malicious code or otherwise compromise the security of the Service.

  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.

  • “frame” or “mirror” any part of the Service without Tinysocials’s prior written authorization.

  • use meta tags or code or other devices containing any reference to Tinysocials or the Service (or any trademark, trade name, service mark, logo or slogan of Tinysocials) to direct any person to any other website for any purpose.

  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.

  • use or develop any third-party applications that interact with the Service or other users’ Content or information without our written consent.

  • use, access, or publish the Tinysocials application programming interface without our written consent.

  • probe, scan or test the vulnerability of our Service or any system or network.

  • encourage or promote any activity that violates this Agreement.

The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

 

7. RIGHTS YOU GRANT TINYSOCIALS

By creating an account, you grant to Tinysocials a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). Tinysocials’ license to your Content shall be non-exclusive, except that Tinysocials’ license shall be exclusive with respect to derivative works created through use of the Service. For example, Tinysocials would have an exclusive license to screenshots of the Service that include your Content. In addition, so that Tinysocials can prevent the use of your Content outside of the Service, you authorize Tinysocials to act on your behalf with respect to infringing uses of your Content taken from the Service by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices), and their equivalents in other jurisdictions, on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Tinysocials users).

You agree that all information that you submit upon creation of your account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Tinysocials above.

You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.

When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behaviour towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.

In consideration for Tinysocials allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions, feedback, and content to Tinysocials regarding our Services, you agree that Tinysocials may use and share such feedback or content for any purpose without compensating you.

Please be informed that Tinysocials may access, store and disclose your account information and Content if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

 

8. COMMUNITY RULES

By using the Service, you agree that you will not:

  • use the Service for any purpose that is illegal or prohibited by this Agreement.

  • use the Service for any harmful or nefarious purpose

  • use the Service in order to damage Tinysocials

  • spam, solicit money from or defraud any users.

  • impersonate any person or entity or post any images of another person without his or her permission.

  • bully, stalk, intimidate, assault, harass, mistreat or defame any person.

  • post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.

  • post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

  • post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.

  • solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.

  • use another user’s account, share an account with another user, or maintain more than one account.

  • create another account if we have already terminated your account, unless you have our permission.

Tinysocials reserves the right to investigate and/or terminate your account if you have violated this Agreement, misused the Service or behaved in a way that Tinysocials regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.

 

9. OTHER USERS' CONTENT

Although Tinysocials reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Tinysocials cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via email.

 

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • a description of the copyrighted work that you claim has been infringed;

  • a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);

  • your contact information, including address, telephone number and email address;

  • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent via email to idea@teemac.in

Tinysocials will terminate the accounts of repeat infringers.

 

11. DISCLAIMERS

TINYSOCIALS PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TINYSOCIALS DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.

TINYSOCIALS TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

 

12. THIRD PARTY SERVICES

The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. Tinysocials is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. Tinysocials is not responsible or liable for such third parties’ terms or actions.

 

13. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TINYSOCIALS, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF TINYSOCIALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TINYSOCIALS’ AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO TINYSOCIALS FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

 

14. GOVERNING LAW

For users residing in the EU or European Economic Area or elsewhere the laws of Maharashtra, India, will apply to any disputes arising out of or relating to this Agreement or the Service. For the avoidance of doubt, the choice of Maharashtra governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.

 

15. VENUE

Except for users residing in the EU or European Economic Area, who may bring claims in their country of residence in accordance with applicable law, and except for claims that may be properly brought in a small claims court of competent jurisdiction in the county in which you reside or in Pune, Maharashtra, India all claims arising out of or relating to this Agreement, to the Service, or to your relationship with Tinysocials that for whatever reason are not submitted to arbitration will be litigated exclusively in the state courts of Pune, Maharashtra, India. You and Tinysocials consent to the exercise of personal jurisdiction of courts in the State of Maharashtra and waive any claim that such courts constitute an inconvenient forum.

 

16. INDEMNITY BY YOU

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Tinysocials, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.

 

17. ENTIRE AGREEMENT; OTHER

This Agreement, with the Privacy Policy, contains the entire agreement between you and Tinysocials regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Tinysocials account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind Tinysocials in any manner.