Terms of Use

Version - 1.25

21st August 2009

These Vamooz.com Terms ("Terms") are entered into by, as applicable, User signing these Terms or any document that references these Terms or that accepts these Terms electronically ("User") and 4am Design and Technology Labs Pvt. Ltd. ("4am"), with its registered head office at #35, 2nd Cross, 10th Main, Indiranagar, Bangalore - 560038, India. These Terms govern 4am's services offered through Vamooz.com ("Vamooz"), an Internet website owned by 4am and, as applicable, Users using Vamooz, currently located http://www.vamooz.com. 4am and User hereby agree and acknowledge:

1. Provision of Services through the Vamooz Site
  • 1.1 The use of Vamooz is subject to all applicable 4am policies, including but not limited to the 4am privacy policy (http://www.4am.co.in/Privacy_Policy/) and the Vamooz Copyright and Intellectual Property Policy (http://www.vamooz.com/Copyright/) (collectively, "Policies").
  • 1.2 4am is constantly innovating in order to provide the best possible experience for its users. User acknowledges and agrees that the form and nature of Vamooz which 4am provides may change from time to time without prior notice to the User.
  • 1.3 As part of this continuing innovation, User acknowledges and agrees that 4am may stop (permanently or temporarily) providing Vamooz (or any features within Vamooz) to User or to Users at 4am's sole discretion, without prior notice to User. User may stop using Vamooz at any time.
  • 1.4 User acknowledges and agrees that if 4am disables access to User account, User may be prevented from accessing Vamooz, User account details or any files or other content which is contained in User account.
  • 1.5 User acknowledges and agrees that while 4am may not currently have set a fixed upper limit on the number of transmissions User may send or receive through Vamooz or on the amount of storage space used for the provision of Vamooz, such fixed upper limits may be set by 4am at any time, at 4am's discretion.
2. Use of Vamooz by User
  • 2.1 Subject to User's compliance with these Terms, and such other rules and procedures as 4am may publish from time to time, User may access Vamooz through the Vamooz website, currently located at http://vamooz.com/ and certain related websites (collectively, the "Vamooz Site"). User may access the Vamooz Site solely for the intended purpose of the Vamooz Site as defined by 4am.
  • 2.2 In order to access Vamooz, User may be required to provide information about himself or herself (such as User email address or other contact details) as part of the registration process for Vamooz, or as part of User continued use of Vamooz. User agrees that any registration information given to 4am by User will always be accurate, correct and up to date.
  • 2.3 User agrees to use Vamooz only for purposes that are permitted by (a) these Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the Republic of India or other relevant countries).
  • 2.4 User agrees not to access (or attempt to access) Vamooz by any means other than through the interface that is provided by 4am, unless User has been specifically allowed to do so in a separate agreement with 4am. User specifically agrees not to access (or attempt to access) Vamooz through any automated means (except for the purpose of showing Vamooz content on Search results) and shall, in all cases, ensure that User complies with the instructions set out in any robots.txt file present on Vamooz.
  • 2.5 User agrees that User will not engage in any activity that interferes with or disrupts Vamooz (or the servers and networks which are connected to Vamooz).
  • 2.6 User agrees that User will not reproduce, duplicate, copy, sell, trade or resell the Services offered by the Vamooz Site for any purpose.
  • 2.7 User agrees that User is solely responsible for (and that 4am has no responsibility to User or to any third party for) any breach of User obligations under the Terms and for the consequences (including any loss or damage which 4am may suffer) of any such breach.
3. User passwords and account security
  • 3.1 User agrees and understands that User is responsible for maintaining the confidentiality of passwords associated Vamooz account(s) User uses to access Vamooz.
  • 3.2 Accordingly, User agrees that User will be solely responsible to 4am for all activities that occur under User account.
  • 3.3 If User becomes aware of any unauthorized use of User password or of User account, User agrees to notify 4am immediately by sending a mail to 'support@vamooz.com'.
4. Privacy and User personal information
  • 4.1 For information about 4am's data protection practices, please read 4am's privacy policy at http://www.4am.co.in/Privacy_Policy/. This policy explains how 4am treats User personal information, and protects User privacy, when User uses Vamooz or any other 4am Service.
  • 4.2 User agrees to the use of User data in accordance with 4am's privacy policies.
5. Content in Vamooz
  • 5.1 Vamooz is designed to help User find information that resides on sites not owned or controlled by 4am. In particular, Vamooz provides brief descriptions of some content to help User identify the content of interest to User. When User selects a story / image / video or other content ("Content"), User will be linked to the site on which that Content appears. 4am owns and retains all intellectual property rights to Vamooz; but 4am does not claim ownership rights to the full Content, which are instead held by the sites to which Vamooz links.
  • 5.2 User understands that all information and Content (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images ) which User may have access to as part of, or through Users use of, Vamooz are the sole responsibility of the person from which such Content originated.
  • 5.3 User should be aware that Content presented to User as part of Vamooz, including but not limited to Content, advertisements and sponsored Content within Vamooz may be protected by intellectual property rights which are owned by the Content providers, sponsors or advertisers who provide that Content to 4am (or by other persons or companies on their behalf). User may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless User has been specifically told that User may do so by 4am or by the owners of that Content, in a separate agreement.
  • 5.4 4am reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from Vamooz. 4am takes every effort to ensure the removal of explicit sexual content. In addition, there are commercially available services and software to limit access to material that User may find objectionable.
  • 5.5 User understands that by using Vamooz, User may be exposed to Content that User may find offensive, indecent or objectionable and that, in this respect, User uses Vamooz at his or her own risk.
  • 5.6 User agrees that User is solely responsible for (and that 4am has no responsibility to User or to any third party for) any Content that User creates, transmits or displays while using Vamooz and for the consequences of Users actions (including any loss or damage which 4am may suffer) by doing so.
6. Proprietary rights
  • 6.1 User acknowledges and agrees that 4am (or 4am's licensors) own all legal right, title and interest in and to Vamooz, including any intellectual property rights which subsist in Vamooz (whether those rights happen to be registered or not, and wherever in the world those rights may exist). User further acknowledgea that Vamooz may contain information which is designated confidential by 4am and that User shall not disclose such information without 4am's prior written consent.
  • 6.2 Unless User has an agreed otherwise, in writing, with 4am, nothing in these Terms gives User a right to use any of 4am's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
  • 6.3 If User has been given an explicit right to use any of these brand features in a separate written agreement with 4am, then User agrees that User use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and 4am's brand feature use guidelines as updated from time to time.
  • 6.4 User agrees that User shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within Vamooz.
  • 6.5 Unless User has been expressly authorized to do so in writing by 4am, User agrees that in using Vamooz, User will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
7. Ending User relationship with 4am
  • 7.1 The Terms will continue to apply until terminated by either User or 4am as set out below.
  • 7.2 If User wants to terminate User legal agreement with 4am, User may do so by (a) notifying 4am at any time and (b) closing User accounts for all of the 4am Services which User uses, where 4am has made this option available to the User. User notice should be sent, in writing, to 4am's address which is set out at the beginning of these Terms.
  • 7.3 4am may at any time, terminate its legal agreement with User if:
    • (A) User has breached any provision of the Terms (or has acted in manner which clearly shows that User does not intend to, or is unable to comply with the provisions of the Terms); or
    • (B) 4am is required to do so by law (for example, where the provision of Vamooz to User is, or becomes, unlawful); or
    • (C) the providers of Content to Vamooz have terminated thier relationship with 4am or ceased to offer Vamooz to User; or
    • (D) 4am is transitioning to no longer providing Vamooz to users in the country in which User resides or from which User uses Vamooz; or
    • (E) the provision of Vamooz to User by 4am is, in 4am's opinion, no longer commercially viable.
  • 7.4 Nothing in this Section shall affect 4am's rights regarding provision of Vamooz under Section 1 of the Terms.
  • 7.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that User and 4am have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 13.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
8. EXCLUSION OF WARRANTIES
  • 8.1 USER EXPRESSLY UNDERSTANDS AND AGREES THAT USERS USE OF VAMOOZ IS AT USERS SOLE RISK AND THAT VAMOOZ IS PROVIDED "AS IS" AND "AS AVAILABLE."
  • 8.2 IN PARTICULAR, 4AM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO USER THAT:
    • (A) USER USE OF VAMOOZ WILL MEET USER REQUIREMENTS,
    • (B) USER USE OF VAMOOZ WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
    • (C) ANY INFORMATION OBTAINED BY USER AS A RESULT OF USER USE OF VAMOOZ WILL BE ACCURATE OR RELIABLE, AND
    • (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO USER AS PART OF VAMOOZ WILL BE CORRECTED.
  • 8.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM 4AM OR THROUGH OR FROM VAMOOZ SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
  • 8.5 4AM FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  • 8.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF VAMOOZ IS DONE AT USERS OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
9. LIMITATION OF LIABILITY
  • 9.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 8.1 ABOVE, USER EXPRESSLY UNDERSTAND AND AGREE THAT 4AM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO USER FOR:
    • (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY USER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
    • (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY USER, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
      • (I) ANY RELIANCE PLACED BY USER ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN USER AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON VAMOOZ;
      • (II) ANY CHANGES WHICH 4AM MAY MAKE TO VAMOOZ, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF VAMOOZ (OR ANY FEATURES WITH VAMOOZ);
      • (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH USERS USE OF VAMOOZ;
      • (III) USERS FAILURE TO PROVIDE 4AM WITH ACCURATE ACCOUNT INFORMATION;
      • (IV) USERS FAILURE TO KEEP USER PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
  • 9.2 THE LIMITATIONS ON 4AM'S LIABILITY TO USER IN PARAGRAPH 9.1 ABOVE SHALL APPLY WHETHER OR NOT 4AM HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
10. Copyright and trade mark policies
  • 10.1 It is 4AM's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringers. Details of 4AM's policy can be found at http://www.vamooz.com/Copyright/
11. Advertisements
  • 11.1 Some parts of Vamooz are supported by advertising revenue ( or might at a future date be supported by advertising ) and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on Vamooz, queries made through Vamooz or other information.
  • 11.2 The manner, mode and extent of advertising by 4am on Vamooz are subject to change without specific notice to User.
  • 11.3 In consideration for 4am granting User access to and use of Vamooz, User agree that 4am may place such advertising on Vamooz.
12. Changes to the Terms
  • 12.1 4am may make changes to these Terms from time to time. When these changes are made, 4am will make a new copy of the Terms available at http://www.vamooz.com/Terms_Of_Use/. 4am will make reasonable efforts to (but shall have no obligation to) inform User of these updates by various means such as putting up notices on Vamooz and/or sending emails to the User as provided by User in the User account.
  • 12.2 User understands and agrees that if User uses Vamooz after the date on which these Terms have changed or Additional Terms have been added , 4am will treat User use as acceptance of the updated Terms or Additional Terms.
13. General legal terms
  • 13.1 Sometimes when User uses Vamooz, User may (as a result of, or through User use of Vamooz) use a service or download a piece of software, or purchase goods, which are provided by another person or company. User use of these other services, software or goods may be subject to separate terms between User and the company or person concerned. If so, the Terms do not affect Users legal relationship with these other companies or individuals.
  • 13.2 The Terms constitute the whole legal agreement between User and 4am and govern User use of Vamooz and completely replace any prior agreements between User and 4am in relation to Vamooz.
  • 13.3 User agrees that 4am may provide User with notices, including those regarding changes to the Terms, by email, regular mail, or postings on Vamooz.
  • 13.4 User agrees that if 4am does not exercise or enforce any legal right or remedy which is contained in the Terms (or which 4am has the benefit of under any applicable law), this will not be taken to be a formal waiver of 4am's rights and that those rights or remedies will still be available to 4am.
  • 13.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
  • 13.6 The Terms, and Users relationship with 4am under the Terms, shall be governed by the laws of the Republic of India without regard to its conflict of laws provisions. User and 4am agree to submit to the exclusive jurisdiction of the courts located within Bangalore, India to resolve any legal matter arising from these Terms. Further more the User and 4am agree that all legal proceedings will take place in the English Language. Notwithstanding this, User agree that 4am shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

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