These terms and conditions ("Terms", "Agreement") are an agreement between Mobile Application Developer ("Mobile Application Developer", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the Tickle.Life mobile application and any of its products or services (collectively, "Mobile Application" or "Services").
You consent to entering these Terms of Service electronically, and to storage of records related to these Terms of Service in electronic form.
We have the right to terminate this EULA in case of a breach of the terms. The right to terminate this EULA by uninstalling/deleting Tickle.Life remains with you. The paragraphs about Account and membership, user content, etc " will continue to apply even after the EULA is terminated.
The EULA is subject to any legal rights you might have. Nothing in these terms and conditions will limit any of your rights that may not be excluded under law nor shall it exclude or limit our liability for death or personal injury resulting from our negligence nor any fraudulent representation.
We may also change this EULA from time to time but those changes will only be effective to the extent that they can legally apply.
Your suggestions to Tickle.Life is made for free. This means we can use your suggestion in any way we want, and we don‘t have to pay you for it. In case you think you have a suggestion that we would be willing to pay you for, you must tell us you expect to be paid before you tell us the suggestion or recommendations.
Your account, representations, conduct and commitments
You hereby confirm that you are at least 18 years old of age
You hereby confirm that you are legally able to enter into a contract.
You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete
You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively "Account Access"). We advise you to change your password frequently and to take extra care in safeguarding your password
You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security
You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge
You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities that are made by using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss
You agree and commit not to use the account or Account Access of any other person for any reason
You agree and confirm that your use of the Platform, including the Blog, are for your own personal use only and that you are not using neither the Platform nor the Blog Services for or behalf of any other person or organization.
You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform's systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right or intellectual property; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
• violate any law (including without limitation laws related to torts, contracts, patents, trademarks, trade secrets, copyrights, defamation, obscenity, pornography, rights of publicity or other rights) or encourage or provide instructions to another to do so;
• act in a manner that negatively affects other users’ ability to use the mobile applications, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence to people or animals, harassing, stalking, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable;
• post any Content that depicts any person under 18 years of age (or older in any other location in which 18 is not the minimum age of majority);
• post any Content for which you have not maintained written documentation sufficient to confirm that all subjects of your posts are, in fact, over 18 years of age (or older in any other location in which 18 is not the minimum age of majority);
• post any Content depicting child pornography, rape, snuff, torture, death, violence, or incest, racial slurs or hate speech, (either orally or via the written word);
• post any Content that contains falsehoods or misrepresentations that could damage the mobile applications or any third party;
• post any Content that is obscene, illegal, unlawful, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
• post any Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other form of unauthorized solicitation;
• post any Content containing sweepstakes, contests, or lotteries, or otherwise related to gambling;
• post any Content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own or for which you have not obtained all necessary written permissions and releases;
• exceed your authorized access to any portion of the application;
• remove, delete, alter, circumvent, avoid or bypass any digital rights management technology, encryption or security tools used anywhere on the mobile applications or in connection with our services;
• collect or store personal data about anyone;
• obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the mobile applications;
• exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available.
Additionally, you agree not to:
• use any robot, spider or other automatic device, process or means to access the application for any purpose, including monitoring or copying any of the material on the application without our prior written consent;
• use any manual process to monitor or copy any of the material on the application or for any other unauthorized purpose without our prior written consent;
• use any information obtained from or through the mobile applications to block or interfere with the display of any advertising on the application, or for the purpose of implementing, modifying or updating any software or filter lists that block or interfere with the display of any advertising on the mobile application;
• introduce or upload any viruses, Trojan horses, worms, logic bombs, time bombs, cancelbots, corrupted files or any other similar software, program or material which is malicious or technologically harmful or that that may damage the operation of another’s property or of the mobile applications or our services;
• remove any copyright or other proprietary notices from our mobile applications or any of the materials contained therein;
• attack the mobile applications via a denial-of-service attack or a distributed denial-of-service attack;
• otherwise attempt to interfere with the proper working of the mobile applications.
Accounts and membership
If you create an account in the Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for the our Services. We may block your email address and Internet protocol address to prevent further registration.
Registration, Account and Password
The details you give us as part of the registration must be correct. You can change your registration details if they become out of date. If you deliberately tell us something that you know isn‘t true, and we end up in trouble or we lose money, we may hold you responsible. That means that you may have to compensate us for the damage you cause and what we have lost.
You might need to register with us to access all of the parts of our mobile application. The username and password that you create are private so you must keep them to yourself. If you let someone find out your username and password, and they do something bad with our mobile application, we will hold you responsible. You should change your password if you think someone else knows what it is. If someone uses your password to do something on our mobile application that you don‘t like or that causes you harm, we can‘t be and aren‘t responsible.
Forum and Communications
We are allowing members of our community to put their thoughts on our mobile application. It doesn‘t mean we agree with those thoughts, and we can‘t be held responsible for what people post on our mobile application.
If we happen to see a post that we think is offensive, we might take it down. Also we provide our users with the function to report a certain user in any group, if you do not agree with the thought process. The reported user is flagged to the moderator who will take the call and will take down the offensive discussion or user offline. What we say about forums and posts also applies to anything which enables people to put any other content, views or material on our mobile application or send it to others using the mobile application.
If you are going to put something up on our mobile application, it must not be offensive to people or illegal, it must be honest, and it must be your own creation. The types of things you must not put on our mobile application include: posts that include racist or homophobic language; posts that are bullying or trolling; posts that might damage our or another person‘s reputation; posts that include porn, advertising or someone else‘s creation or image; or posts that impersonate a moderator or try to trick or exploit people.
We do not own any data, information or material ("Content") that you submit in the Mobile Application in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We will monitor Content in the Mobile Application submitted or created using our Services by you. Unless specifically permitted by you, your use of the Mobile Application does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
Please be aware that there may be certain adult or mature content available in the Mobile Application. Individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. If we learn that anyone under the age of 18 seeks to conduct a transaction through the Services, we will require verified parental consent, in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA").
Account Termination Policy
Upgrades and updates can be made available from time to time, but we are not obliged to do so. Furthermore we are also not obliged to provide ongoing support or maintenance of Tickle.Life. This is the absolute worst case and we really hope of course to continue releasing updates for Tickle.Life, but we cannot guarantee we will do so.
We perform regular backups of the Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
Links to other mobile applications
Although this Mobile Application may be linked to other mobile applications, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked mobile application, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their mobile applications. We do not assume any responsibility or liability for the actions, products, services and content of any other third parties. You should carefully review the legal statements and other conditions of use of any mobile application which you access through a link from this Mobile Application. Your linking to any other off-site mobile applications is at your own risk.
Intellectual property rights
This Agreement does not transfer from Mobile Application Developer to you any Mobile Application Developer or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Mobile Application Developer. All trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services, are trademarks or registered trademarks of Mobile Application Developer or Mobile Application Developer licensors. Other trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services may be the trademarks of other third parties. Your use of our Mobile Application and Services grants you no right or license to reproduce or otherwise use any Mobile Application Developer or third-party trademarks.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will Mobile Application Developer, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Mobile Application Developer has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Mobile Application Developer and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Mobile Application Developer for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold Mobile Application Developer and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Mobile Application or Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
It is a completely free mobile application and we do not encourage or have any payment modality as of now.
We do what we can to make sure all of the information on our mobile application is correct. However, sometimes there might be errors.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Jammu and Kashmir, India without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of India. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Jammu, India, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Mobile Application and its Services.
If you have any questions about this Agreement, please contact us at email@example.com
Dizuna Communications Pvt. Ltd
61-B, Phase-1, Gangyal, Jammu City, Jammu & Kashmir, India
YOU USE THE mobile applicationS AT YOUR SOLE RISK. WE PROVIDE THE mobile applicationS "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, THE mobile applicationS, ITS SITE OPERATOR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE mobile applications AND GOODS OR SERVICES PURCHASED AND OBTAINED THROUGH THE mobile applications, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE mobile applications.
WE MAKE NO WARRANTY OR REPRESENTATION ABOUT THE ACCURACY OR COMPLETENESS OF THIS mobile applicationS’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS mobile applicationS OR THAT THE mobile applicationS WILL MEET YOUR REQUIREMENTS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE mobile applicationS OR OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE mobile applicationS OR OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE mobile applicationS OR OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE mobile applicationS OR OUR SERVICES. THE mobile applicationS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE mobile applicationS OR OUR SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND, THE mobile applicationS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE mobile applicationS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.