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Privacy Policy

A) SocialMob Data Policy

Data Policy

This policy describes the information that we process to support SocialMob,Socialmob for Artist, and other products and features offered by Padath Infotainment Pvt Ltd (SocialMob Products or Products).

I) What kinds of information do we collect?

To provide the SocialMob Products, we must process information about you. The type of information that we collect depends on how you use our Products.

1. Things that you and others do and provide.
  1. Information and content you provide. We collect the content, communications and other information you provide when you use our Products, including when you sign up for an account, create or share content and message or communicate with others. This can include information in or about the content that you provide, such as the location of a photo or the date a file was created. It can also include what you see through features that we provide, such as our music recomendations, so we can do things such as suggest trending artists in your location, other listerns that you might like to meet, or give you tips on new music. Our systems automatically process content and communications that you and others provide to analyse context and what's in them for the purposes described below.

    1.1 Data with special protections: You can choose to provide information in your SocialMob profile fields or life events about your religious views, political views, who you are "interested in" or your health. This and other information (such as racial or ethnic origin, philosophical beliefs or trade union membership) could be subject to special protections under the laws of your country.

  2. Networks and connections. We collect information about the people, accounts, hashtags, SocialMob artists, groups and Pages that you are connected to and how you interact with them across our Products, such as people you communicate with the most or groups that you are part of. We also collect contact information if you choose to upload, sync or import it from a device (such as an address book or call log or SMS log history), which we use for things such as helping you and others find people you may know and for the other purposes listed below.
  3. Your usage. We collect information about how you use our Products, such as the types of content that you view or engage with, the features you use, the actions you take, the people or accounts you interact with and the time, frequency and duration of your activities. For example, we log when you're using and have last used our Products, and what posts, videos and other content you view on our Products.
  4. Things others do and information they provide about you. We also receive and analyse content, communications and information that other people provide when they use our Products. This can include information about you, such as when others share or comment on a photo of you, send a message to you or upload, sync or import your contact information.
2. Device information.

As described below, we collect information from and about the computers, phones, connected TVs and other web-connected devices you use that integrate with our Products, and we combine this information across different devices you use. For example, we use information collected about your use of our Products on your phone to better personalise the content (including ads) or features that you see when you use our Products on another device, such as your laptop or tablet, or to measure whether you took an action in response to an ad that we showed you on your phone on a different device. Information we obtain from these devices includes:

  1. Device attributes: information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins.
  2. Device operations: information about operations and behaviours performed on the device, such as whether a window is in the foreground or background, or mouse movements (which can help distinguish humans from bots).
  3. Identifiers: unique identifiers, device IDs and other identifiers, such as from games, apps or accounts that you use, and Family Device IDs (or other identifiers unique to SocialMob Company Products associated with the same device or account).
  4. Device signals: Bluetooth signals, information about nearby Wi-Fi access points, beacons and mobile phone masts
  5. Data from device settings: information you allow us to receive through device settings that you turn on, such as access to your GPS location, camera or photos.
  6. Network and connections: information such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address, connection speed and, in some cases, information about other devices that are nearby or on your network, so we can do things such as help you stream a video from your phone to your TV.
  7. Cookie data: data from cookies stored on your device, including cookie IDs and settings.
3. Information from partners.

Advertisers, app developers and publishers can send us information through SocialMob Business Tools that they use, including our social plug-ins (such as the Like button), SocialMob Login, our APIs and SDKs. These partners provide information about your activities off of our Products – including information about your device, websites you visit, purchases you make, the ads you see and how you use their services – whether or not you have an account or are logged in to our Products.

Partners receive your data when you visit or use their services, or through third parties that they work with. We require each of these partners to have lawful rights to collect, use and share your data before providing us with any data.

II) How do we use this information?

We use the information that we have (subject to choices you make) as described below and to provide and support the SocialMob Products and related services described in the SocialMob Terms and SocialMob Terms. Here's how:

1. Provide, personalise and improve our Products.

We use the information that we have to deliver our Products, including to personalise features and content (including your ads, SocialMob News Feed, SocialMob feed and SocialMob Stories) and make suggestions for you (such as groups or events that you may be interested in or topics that you may want to follow) on and off our Products. To create personalised Products that are unique and relevant to you, we use your connections, preferences, interests and activities based on the data that we collect and learn from you and others (including any data with special protections you choose to provide); how you use and interact with our Products; and the people, places or things that you're connected to and interested in on and off our Products.

  1. Information across SocialMob Products and devices: We connect information about your activities on different SocialMob Products and devices to provide a more tailored and consistent experience on all SocialMob Products that you use, wherever you use them. For example, we can suggest that you join a group on SocialMob that includes people you follow on SocialMob or communicate with. We can also make your experience more seamless, for example, by automatically filling in your registration information (such as your phone number) from one SocialMob Product when you sign up for an account on a different Product.
  2. Location-related information: We use location-related information – such as your current location, where you live, the places you like to go, and the businesses and people you're near – to provide, personalise and improve our Products, including ads, for you and others. Location-related information can be based on things such as precise device location (if you've allowed us to collect it), IP addresses and information from your and others' use of SocialMob Products (such as check-ins or events that you attend).
  3. Product research and development: We use the information we have to develop, test and improve our Products, including by conducting surveys and research, and testing and troubleshooting new products and features.
  4. Ads and other sponsored content: We use the information we have about you – including information about your interests, actions and connections – to select and personalise ads, offers and other sponsored content that we show you.
2. Providing measurement, analytics and other business services.

We use the information that we have to verify accounts and activity, combat harmful conduct, detect and prevent spam and other bad experiences, maintain the integrity of our Products, and promote safety and security on and off of SocialMob Products. For example, we use data that we have to investigate suspicious activity or violations of our Terms or Policies, or to detect when someone needs help.

3. Promoting safety, integrity and security.

We use the information that we have to verify accounts and activity, combat harmful conduct, detect and prevent spam and other bad experiences, maintain the integrity of our Products, and promote safety and security on and off of Meta Products. For example, we use data that we have to investigate suspicious activity or violations of our Terms or Policies, or to detect when someone needs help.

4. Communicate with you.

We use the information that we have to send you marketing communications, communicate with you about our Products and let you know about our Policies and Terms. We also use your information to respond to you when you contact us

III) How is this information shared?

Your information is shared with others in the following ways:

1. Content that others share or reshare about you.

You should consider who you choose to share with, because people who can see your activity on our Products can choose to share it with others on and off our Products, including people and businesses outside the audience that you shared with. For example, when you share a post or send a message to specific friends or accounts, they can download, screenshot or reshare that content to others across or off our Products, in person or in virtual reality experiences such as SocialMob Spaces. Also, when you comment on someone else's post or react to their content, your comment or reaction is visible to anyone who can see the other person's content, and that person can change the audience later.

People can also use our Products to create and share content about you with the audience they choose. For example, people can share a photo of you in a story, mention or tag you at a location in a post, or share information about you in their posts or messages. If you are uncomfortable with what others have shared about you on our Products, you can learn how to report the content.

2. Information about your active status or presence on our Products.

People in your networks can see signals telling them whether you are active on our Products, including whether you are currently active on SocialMob, or when you last used our Products.

3. New owner.

If the ownership or control of all or part of our Products or their assets changes, we may transfer your information to the new owner.

4. Measurement partners.

We share information about you with companies that aggregate it to provide analytics and measurement reports to our partners including shipping and contact details.

5. Vendors and service providers.

We provide information and content to vendors and service providers who support our business, such as by providing technical infrastructure services, analysing how our Products are used, providing customer service, facilitating payments or conducting surveys.

6. Law enforcement or legal requests.

We share information with law enforcement or in response to legal requests in the circumstances outlined below.

IV) How do SocialMob and Padath work together?

SocialMob and SocialMob share infrastructure, systems and technology with other SocialMob products to provide an innovative, relevant, consistent and safe experience across all Company Products that you use. We also process information about you across the company for these purposes, as permitted by applicable law and in accordance with their terms and policies. We also work to understand how people use and interact with SocialMob Company Products, such as understanding the number of unique users on different SocialMob Company Products.

V) How can I manage or delete information about me

We provide you with the ability to access, rectify, port and delete your data.

We store data until it is no longer necessary to provide our services and SocialMob Products, or until your account is deleted – whichever comes first. This is a case-by-case determination that depends on things such as the nature of the data, why it is collected and processed, and relevant legal or operational retention needs. For example, when you search for something on SocialMob, you can access and delete that query from within your search history at any time, but the log of that search is deleted after six months. If you submit a copy of your government-issued ID for account verification purposes, we delete that copy 30 days after review, unless otherwise stated.

When you delete your account, we delete things that you have posted, such as your photos and status updates, and you won't be able to recover this information later. Information that others have shared about you isn't part of your account and won't be deleted. If you don't want to delete your account but want to temporarily stop using the Products, you can deactivate your account instead. To delete your account at any time, please visit the SocialMob settings

VI) How do we respond to legal requests or prevent harm?

We access, preserve and share your information with regulators, law enforcement or others:

  1. In response to a legal request (e.g. a search warrant, court order or subpoena) if we have a good-faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of India when we have a good-faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction and is consistent with internationally recognised standards.
  2. When we have a good-faith belief that it is necessary to: detect, prevent and address fraud, unauthorised use of the Products, breaches of our Terms or Policies, or other harmful or illegal activity; to protect ourselves (including our rights, property or Products), you or others, including as part of investigations or regulatory enquiries; or to prevent death or imminent bodily harm. For example, if relevant, we provide information to and receive information from third-party partners about the reliability of your account to prevent fraud, abuse and other harmful activity on and off our Products.

Information that we receive about you (including financial transaction data related to purchases made on our Products) can be accessed and preserved for an extended period when it is the subject of a legal request or obligation, governmental investigation or investigations of possible violations of our terms or policies, or otherwise to prevent harm. We also retain information from accounts disabled for term breaches for at least a year to prevent repeat abuse or other term breaches.

VII) How do we operate and transfer data as part of our global services?

We share information globally, both internally within the SocialMob Companies, and externally with our partners and with those you connect and share with around the world in accordance with this policy. Your information may, for example, be transferred or transmitted to, or stored and processed in India or other countries outside of where you live for the purposes as described in this Policy. These data transfers are necessary to provide the services set forth in the SocialMob Terms and SocialMob Terms and to globally operate and provide our Products to you. We utilise standard contract clauses, rely on the European Commission's adequacy decisions about certain countries, as applicable, and obtain your consent for these data transfers to India and other countries.

VIII) How will we notify you of changes to this Policy?

We'll notify you before we make changes to this Policy and give you the opportunity to review the revised Policy before you choose to continue using our Products.

IX) How to contact us with questions

If you have questions about this policy, you can contact us [email protected].

B) SocialMob User Policy

1. User Acceptance

  1. This is an agreement between Padath Infotainment Private limited, a private limited company incorporated under the Indian Companies Act, 1956, the owner and operator of www.padath.com and the “Social Mob App“ and the “Social Mob App User“ (A “Social Mob App User“ is a person who has downloaded and installed a copy of the Social Mob Application.). These Terms of Use administer your access to and use of the Services and Content and set forth the legally required terms for your use of the Services and Content, whether or not you are a Social Mob App User or a visitor to the Website.
  2. Certain areas of the Services (and your access to or use of Content) may have different terms and conditions posted or may require you to agree to and accept additional terms and conditions or to register for certain uses of the Website or Services. If there is a conflict between these Terms of Use and terms and conditions posted for a specific area of the Website, Services or SocialMob Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Website, Services or SocialMob Content.
  3. In order to use certain current or future portions or functionalities of the Website, Services or SocialMob Content, you may be required to register for a user name and password and thereby create a “SocialMob Account“ (hereinafter referred to as “Account“). SocialMob reserves the right to reject any user name selected by you and/or revoke your right to any previously selected user name and give such user name to any other person or entity in SocialMob ’s sole discretion and without any liability to you. You are responsible for maintaining the confidentiality of your Account credentials in order to use the Services, and are fully responsible for all activities that occur through the use of your credentials. You should use a robust password to protect your Account through a combination of upper and lower case letters, numbers and other characters. You agree to notify SocialMob immediately of any unauthorized use of your Account credentials or any other breach of security with respect to your Account. SocialMob will not be liable for any loss or damage arising from unauthorized use of your Account credentials prior to you notifying SocialMob of such unauthorized use or loss of your credentials.
  4. By agreeing the terms ,Explicit consent is given by the user to send and receive marketing emails, Messages and other promotional materials.

2. User Information & Account

You agree to provide accurate, current, complete and non-misleading information to SocialMob in connection with your creation of an Account and during your use of the Services. SocialMob reserves the right to suspend or terminate your access to the Website and/or Services if any information provided to SocialMob in connection with your Account or use of the Website and/or Services proves to be inaccurate, not current, incomplete or misleading. If messages sent to an email address provided by you and associated with your Account are returned as undeliverable, SocialMob reserves the right to terminate your Account immediately with or without notice to you and without any liability to you or any Third Party. You agree that you will not use the SocialMob Application to access or use Third Party services to which you do not have the right to access. If you are not a SocialMob App User, then you may be permitted to browse all areas of the Website or use the parts of the Services that are not limited to SocialMob App Users only, except as otherwise limited by the functionalities of the Website or Services (e.g., a SocialMob Account may be required for access to certain Services). We obtain data from device settings: information a SocialMob User allows us to receive through device settings that the SocialMob User turns on, such as access to their GPS location, camera or storage for photos and videos.

3. Content

Certain types of content are made available through the Website and Services. “Content“ means SocialMob proprietary content including but not limited to any text, software, photo, graphics, video, music or any other audio-visual content; SocialMob trademarks and logos or any other material made available through the Website and Services, excluding Third Party Materials and User Content. SocialMob App User may download information from the Website for his/her own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded information will be permitted without our express permission or that of the copyright owner. SocialMob App User acknowledges that he/she does not acquire any ownership rights by downloading copyright material.

4. User Content

  1. “User Content“ means the text, data, graphics, images, photos, video or audio-visual content, hypertext links and any other content that a SocialMob App User uploads, posts, compiles or provides to SocialMob via the Website, Application and Services, as applicable. By making available any User Content through the Website, Application and Services, you hereby grant to SocialMob and its users a worldwide, non-exclusive, transferable, assignable, royalty-free license, with the right to sublicense, use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast, make available, communicate to the public and otherwiseuse and exploit (collectively, “Use“) such User Content only on, through or by means of the Website, Application and Services. SocialMob does not claim any ownership rights in any such User Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to Use any such User Content. Licenses granted with respect to any photographs, artwork or images uploaded by you will terminate within 30 days following your deletion of such User Content from the Services or the termination of your SocialMob Account, but the license granted by you with respect to any other User Content, including but not limited to any comments regarding any aspect of the Services or communications with another SocialMob App User of the Services, will be perpetual and irrevocable. Notwithstanding the preceding sentence, you hereby acknowledge and agree that SocialMob shall not be liable for any Uses of your User Content by any Third Party that had access to your User Content during the period in which your User Content was available on or through the Services.
  2. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Website or Services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available through the Website or Services or you have all rights, licenses, consents and releases that are necessary to grant to SocialMob the rights in such User Content, as contemplated under these Terms of Use; (b) neither the User Content nor your accessing, posting, submission or transmittal of the User Content or SocialMob ’s Use of the User Content (or any portion thereof) on, through or by means of the Website and the Services will infringe, misappropriate or violate a Third Party ’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (c) no payments of any kind shall be due to any Third Party, whether a copyright owner or an agent thereof, for any Use made of the User Content (or any portion thereof) on, through or by means of the Website and the Services.

5. Eligibility

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are at least 16 years old as SocialMob is not intended for children under 16. If you are under 16 years of age, you are not permitted to use SocialMob.

6. Third Party Materials and Agreements

  1. You may be able to access, review, display or use Third Party services, resources, content or information (“Third Party Materials“) via the Services. By using the Application to find and view material on the Internet, you are directing SocialMob to present the Third Party Materials that you have selected to you and enable other users to discover such materials in accordance with your preferences. You acknowledge sole responsibility for and assume all risk arising from your access to, use of or reliance upon any such Third Party Materials or User Content (defined below), and SocialMob disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials or User Content via a SocialMob Application. You further assume all responsibility for any data charges that you may incur for use of the SocialMob Application and/or access to any Third Party Materials or User Content. Your ability to access or link to Third Party Materials, User Content, or Third Party services (including any Social Networking Services) does not imply any endorsement by SocialMob of Third Party Materials, User Content or any such Third Party services. You acknowledge and agree that SocialMob: (a) is not responsible for the availability or accuracy of such Third Party Materials or User Content or the products or services on or available from such Third Party Materials or User Content; (b) has no liability to you or any Third Party for any harm, injuries or losses suffered as a result of your access to, reliance on or use of such Third Party Materials or User Content; (c) does not undertake or assume any duty to monitor the SocialMob Application for inappropriate or unlawful content; and (d) does not make any promises to remove Third Party Materials or User Content from being accessed through the Services. Notwithstanding the foregoing, SocialMob reserves the right to block or remove User Content or Third Party Materials at any time in SocialMob ’s sole discretion.
  2. These Terms of Use do not authorize you to, and you may not, reproduce, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of or otherwise use or exploit any Third Party Materials in violation of applicable copyright law, and the owners of such Third Party Materials may have the right to seek damages against you for any such violation.

7. Infringement of Intellectual Property Rights

Infringement of Intellectual Property Rights You may not use the Website, Application or Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of SocialMob or any Third Party. SocialMob has adopted and implemented a policy that provides for thetermination in appropriate circumstances of the accounts of SocialMob App Users or access to the Website, Application and Services to SocialMob App Users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders including that of SocialMob.

8. Interactions between Users

You are solely responsible for your interactions (including any disputes) with other SocialMob App Users. You understand that SocialMob does not in any way screen SocialMob App Users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Website, Application and Services and disclosing personal information to other SocialMob App Users. You agree to take reasonable precautions in all interactions with other SocialMob App Users, particularly if you decide to communicate with SocialMob App User offline or meet them in person. Your use of the Website, Application, Services, SocialMob Content, and any other content made available through the Website or Services is at your sole risk and discretion, and SocialMob hereby disclaims any and all liability to you or any Third Party relating thereto. SocialMob reserves the right to contact SocialMob App Users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Use. You will cooperate fully with SocialMob to investigate any suspected unlawful, fraudulent or improper activity via the Services.

9. General Prohibitions

  1. You agree not to do any of the following while using the Website, Application or Services
    • Access, post, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that:
      1. 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, including but not limited to in any Third Party Materials;
      2. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
      3. is fraudulent, false, misleading or deceptive;
      4. is defamatory, obscene, vulgar, offensive, shocking or objectionable;
      5. constitutes child pornography or child erotica
      6. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual, group, class of people or characteristics of any person;
      7. is violent or threatening or promotes violence or actions that are threatening to any other person; or
      8. Promotes illegal or harmful activities or substances (including, but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
    • Use, display, mirror, frame or utilize framing techniques to enclose the Website or Services, or any individual element or materials within the Website or Services, Social Mob ’s name, any Social Mob trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Social Mob ’s express written consent;
    • Access, tamper with or use non-public areas of the Website or Services, SocialMob ’s computer systems or the technical delivery systems of SocialMob ’s providers;
    • Attempt to probe, scan or test the vulnerability of any SocialMob system or network or breach any security or authentication measures;
    • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by SocialMob or any of SocialMob ’s providers or any other Third Party (including another SocialMob App User) to protect the Website, Services or Content;
    • Send or post any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other forms of solicitation;
    • Use any meta tags or other hidden text or metadata utilizing a SocialMob trademark, logo URL or product name without SocialMob ’s express written consent;
    • Use the Website, Services or Content for any commercial purpose or the benefit of any Third Party or in any manner not permitted by these Terms of Use;
    • 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 Website, 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 Website, Services or Content
    • Interfere with, or attempt to interfere with, the access of any SocialMob App User, host or network connected to the Website or Services, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Website;
    • Collect or store any personally identifiable information from the Website or Services from other SocialMob App Users of the Website or Services without their express permission;
    • Solicit login information or access an account belonging to someone else;
    • Use SocialMob to do anything misleading, malicious or discriminatory;
    • Impersonate or misrepresent your affiliation with any person or entity;
    • Violate any applicable law or regulation; or
    • Encourage or enable any other individual to do any of the foregoing.
  2. SocialMob will have the right to investigate and take all appropriate legal action to prevent, stop or deter violations of any of the above, including infringement of intellectual property rights and Website and Services security issues. SocialMob may involve and cooperate with law enforcement authorities in prosecuting SocialMob App Users who violate these Terms of Use or the rights of any Third Party.
  3. You acknowledge that SocialMob has no obligation to monitor your access to or use of the Website, Services or Content or to review or edit any User Content or Third Party Materials, but has the right to do so for the purpose of operating the Website and Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. SocialMob reserves the right, at any time and without prior notice, to remove or disable access to any Content, Third Party Materials, and any User Content, that SocialMob, in its sole discretion, considers to be in violation of these Terms of Use or otherwise harmful to the Website or Services.
  4. Sweepstakes and Contests: SocialMob may operate sweepstakes, contests and similar promotions (collectively, “Promotions“) through the Website, Application and Services. You should carefully review the rules (e.g., the “Official Rules“) of each Promotion in which you participate, as they may contain additional important information about SocialMob rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion. To the extent that the terms and conditions of such Official Rules conflict with these Terms of Use, the terms and conditions of such Official Rules will apply.

10. Termination

  1. Termination by SocialMob : Without limiting other remedies, SocialMob may at any time suspend or terminate your account, or refuse to provide you with access to the Website, Application or Services. In addition, SocialMob may notify authorities or take any actions it deems appropriate, without notice to you, if SocialMob suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (a) failed to comply with any provision of these Terms of Use or any policies or rules established by SocialMob; or (b) engaged in actions relating to or in the course of using the Website or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, SocialMob App Users, SocialMob or any other Third Parties or the Website or Services.
  2. Termination by SocialMob App User : Without limiting any other terms of these Terms of Use, you may stop using the Website and Services at any time.
  3. Following termination of your account, or if you remove any User Content from SocialMob, we may retain your User Content for a commercially reasonable period of time for backup, archival or audit purposes, and we may retain an archived copy of your records as required by law or for legitimate business purposes. Furthermore, SocialMob and its users may retain and continue to use, store and display any of your User Content that other SocialMob App Users have stored or shared through SocialMob.
  4. After any termination, you understand and acknowledge that we will have no further obligation to provide the Website, Application or Services and all licenses and other rights granted to you by these terms will immediately cease. SocialMob will not be liable to you or any Third Party for termination of the Website, Application, Services or termination of your use of any of them. Upon any termination or suspension, any content, materials or information (including User Content) that you have submitted on the Website or Application via the Services will no longer be accessible by you via the Services.
  5. Any suspension, termination or cancellation will not affect your obligations to SocialMob under these Terms (including, without limitation, proprietary rights and ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive and do survive such suspension, termination or cancellation.

11. Dispute Resolution

  1. You and SocialMob and each of our respective subsidiaries, affiliates, predecessors in interest, successors and permitted assigns agree to arbitration for all disputes and claims arising out of or relating to these Terms or your use of the Service
  2. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “notice“), or, in the absence of a mailing address provided by you to SocialMob, to you via any other available method. The notice to SocialMob should be addressed to www.padath.com
  3. The notice must describe the nature and basis of the claim or dispute; and set forth the specific relief sought. If you and SocialMob do not reach an agreement to resolve the claim within 30 days after the notice is received, you or SocialMob may commence an arbitration proceeding as set forth below. The arbitration shall be held in Cochin and governed by the provisions of the Arbitration and Conciliation Act, 1996 and subject to the following:
    • The arbitration shall be conducted in the English language.
    • A single independent and impartial arbitrator shall be appointed by the Parties jointly.
    • All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.
    • The award of the arbitrator shall be in writing and shall include a statement setting forth the reasons for the disposition of any claim.
  4. No class actions : You and SocialMob agree that either of them may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings of more than one person ’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific proviso is found to be unenforceable, then you further agree that the provisions of this Agreement concerning arbitration shall not apply to any action involving a purported class or representative proceeding, and such actions between you and SocialMob shall proceed and shall be subject to the exclusive jurisdiction of the courts located in Cochin, Kerala.
  5. Equitable Relief : The foregoing provisions of this Dispute Resolution section do not apply to any claim in which SocialMob seeks equitable relief of any kind. You acknowledge that, in the event of a breach of these Terms by SocialMob or any Third Party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against SocialMob, including with respect to any User Content, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms.
  6. Claims : You and SocialMob agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to these Terms of Use or the Website or the Services, excluding a claim for indemnification, must commence within 90 days after the cause of action accrues. Otherwise, such cause of action is permanently barred.
  7. Improperly Filed Claims : All claims you bring against SocialMob must be resolved in accordance with this Dispute Resolution Section. All claims filed or brought contrary to this Dispute Resolution section shall be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, SocialMob may recover reasonable Legal fees and costs, provided that SocialMob has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

12. Proprietary Rights:

There will be no obligation on SocialMob to support all or any versions of the Internet software as may be required for offering Service(s)/ providing access to Application. The User acknowledges that the underlying software as well as other Internet related software which are required for accessing the Application / availing the Service/s is the legal property of the respective vendors. The permission given by SocialMob to access the Application or avail the Service/s will not convey any proprietary or ownership rights in such software. The User shall not attempt to modify, translate, disassemble, decompile or reverse engineer the underlying software or create any derivative product based on the software. All trademarks, service marks, logos, trade names and any other proprietary designations of SocialMob used herein are trademarks or registered trademarks of Padath Infotainment Private Limited. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective Parties.

13. Indemnification

SocialMob App User agrees to defend, indemnify and hold harmless SocialMob, its officers, directors, agents and employees from any Third Party claims, actions, proceedings, and suits and related liabilities, damages, settlements, penalties, fines, costs or expenses (including reasonable legal costs and other litigation expenses) arising from your:

  • Violation of these Terms or any other applicable terms or policies;
  • Deletions, additions, insertions or alterations to, or any unauthorized use of / access to Application, Website or Services;
  • Use of the Application, Website or Services; or
  • Actual or alleged violation of any Third Party rights, or any applicable laws, regulations or rules.

14.Limitation of liability

In no event shall SocialMob or its respective officers, directors, agents or employees shall be held liable to SocialMob App User or any Third Party under any circumstances for any indirect, consequential, special, punitive or exemplary, damages or losses, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses incurred in connection with these terms or use/ inability to use, or unavailability of the Services to the SocialMob App User.

15. Disclaimer of Warranties

You agree that your use of our Website, Application or Service shall be at your sole risk. To the fullest extent permitted by law, SocialMob, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Service and your use thereof. SocialMob makes no warranties or representations about the accuracy or completeness of the Content and assumes 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 our service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our service, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our service through the actions of 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 SocialMob. SocialMob does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a Third Party through SocialMob or any hyperlinked website or featured in any SocialMob App User status submission or other advertising, and SocialMob 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.

16. Miscellaneous

  1. Notices: You consent to the use of: electronic means to complete these Terms of Use and to deliver any notices or other communications permitted or required hereunder; and electronic records to store information related to these Terms of Use or your use of the Website or Services. Any notices or other communications
  2. Amendment: We may amend these Terms at any time by posting a revised version on www.padath.com/SocialMob/terms or any other website we maintain for purposes of providing the Services. Amended Terms are effective at the time it is posted and SocialMob App User ’s continued use of the Services shall be construed as acceptance of any amended Terms. SocialMob shall also notify its Users of the change in Terms by sending notifications to the User ’s registered Mobile Number.
  3. Relationship: You agree that no joint venture, partnership, employment or agency relationship exists between you and SocialMob as a result of these Terms or your use of the Application, Website or the Services. You further acknowledge that by submitting User Content, no confidential, fiduciary, and contractually implied or other relationship is created between you and SocialMob other than pursuant to these Terms.
  4. Force majeure: SocialMob App User understands and agrees that SocialMob will not be held responsible for any losses or damages resulting from suspension of service due to extraordinary events or circumstances beyond our control. In such an event, SocialMob may suspend the Services and deny access to Application, Website and Contents.
  5. Assignment: Padath Infotainment Private Limited shall be entitled to sell, assign, securitize or transfer right and obligations of SocialMob under the Terms, and any security being in favour of Padath Infotainment Private Limited (including all guarantee/s) to any person of its choice in whole or in part and in such manner and on such terms and conditions as it may decide. Any such sale, assignment, securitization or transfer shall conclusively bind the SocialMob App User and all other persons. Padath Infotainment Private Limited may sub-contract and employ agents to carry out any of its obligations under this contract. However, SocialMob App User shall not be entitled to transfer or assign any rights and obligations hereunder.
  6. Governing law: These Terms and/or the operations of the Website, Application and Services shall be governed by the laws of India. The SocialMob App User hereby agrees that any legal action or proceedings arising out of the Terms shall be brought in the courts or tribunals at Cochin in India and irrevocably submit themselves to the jurisdiction of such Courts and Tribunals. SocialMob may, however, in its absolute discretion, commence any legal action or proceedings arising out of the Terms in any other court, tribunal or other appropriate forums, and the SocialMob App User hereby consents to that jurisdiction. Any provision of the Terms which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of prohibition or unenforceability but shall not invalidate the remaining provisions of the Terms or affect such provision in any other jurisdiction.

17. Complete Agreement

These Terms of Use along with any other applicable terms and policies that SocialMob App User has agreed constitute the entire and exclusive understanding and agreement between SocialMob and you regarding the Website, Services and Content, and these Terms of Use supersede and replace any and all prior oral or written understandings, drafts, undertakings, representations, warranties and arrangements of any nature whatsoever between SocialMob and you regarding the Website, Services, and Content. The heading references used in these Terms of Use are for convenience purposes only and do not constitute a part of these Terms of Use and shall not be deemed to limit or affect any of the provisions hereof.

Draft for discussion purpose only

Private & Strictly Confidential

18. Waiver

No failure or delay by SocialMob in exercising any right or remedy provided by law under or pursuant to these Terms shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right or remedy.

Draft for discussion purpose only

Private & Strictly Confidential

19. Severability

If any provision of this Term is or becomes invalid, illegal or unenforceable under the laws of any jurisdiction, then such provision shall (so far as it is invalid or unenforceable) be given no effect and shall be deemed not to be included in this Terms but without invalidating any of the remaining provisions of this Terms which shall not in any way be affected or impaired. SocialMob shall then use all reasonable endeavours to replace the invalid or unenforceable provisions with a valid and enforceable substitute provision, achieving as nearly as possible the intended commercial effect of the invalid, illegal or unenforceable provision.

Draft for discussion purpose only

Private & Strictly Confidential

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