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MobCandy TERMS OF USE

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 (" ACT "), RULES MADE THEREUNDER AS APPLICABLE, AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE ACT. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 MADE THEREUNDER ("RULES OF 2011")THAT REQUIRE PUBLISHING THE PRIVACY POLICY ("PRIVACY POLICY") AND THE TERMS OF USE (" TERMS OF USE") FOR ACCESS OR USAGE OF THE MobCandy MOBILE APPLICATION ("MobCandy App").

BEFORE USING MobCandy APP, YOU MUST CAREFULLY READ THESE TERMS OF USE AND THE PRIVACY POLICY PROVIDED AT https://mobcandy.app/privacy-policy.html ACCESSING, BROWSING OR OTHERWISE USING MobCandy AND THE SERVICES PROVIDED THROUGH MobCandy INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE AND THE PRIVACY POLICY. YOU SHALL BE BOUND BY THE TERMS OF USE AND THE PRIVACY POLICY AS AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE AND THE PRIVACY POLICY, PLEASE DO NOT ACCESS OR USE MobCandy OR THE SERVICES IN ANY MANNER WHATSOEVER. WE RESERVE THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE OR OTHERWISE MODIFY THESE TERMS OF USE AND THE PRIVACY POLICY AT ANY TIME AND YOU SHALL BE NOTIFIED OF SUCH CHANGES THROUGH MobCandy. THE CHANGES SHALL NOT APPLY RETROACTIVELY AND SHALL BECOME EFFECTIVE NO SOONER THAN SEVEN (7) CALENDAR DAYS AFTER POSTING ON MobCandy APP. HOWEVER, CHANGES SPECIFIC TO NEW FUNCTIONALITIES OR CHANGES MADE FOR LEGAL REASONS MAY BE EFFECTIVE IMMEDIATELY UPON NOTICE. YOU MUST ENSURE THAT YOU KEEP YOURSELF UP-TO-DATE AND READ THE TERMS OF USE AND PRIVACY POLICY AT CLOSE INTERVALS. YOUR CONTINUED USE OR ACCESS OF MobCandy APP, AFTER SUCH CHANGE OR MODIFICATION, SIGNIFIES YOUR CONSENT TO THE REVISED TERMS OF USE AND THE PRIVACY POLICY. AS LONG AS YOU COMPLY WITH THESE TERMS OF USE AND THE PRIVACY POLICY, WE GRANT YOU A PERSONAL, NON-EXCLUSIVE, NON-TRANSFERABLE, LIMITED RIGHT TO ENTER AND USE MobCandy APP. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE PRIVACY POLICY OR ANY SUBSEQUENT MODIFICATIONS THERETO OR BECOME DISSATISFIED WITH MobCandy APP IN ANY WAY, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF MobCandy APP AND NOTIFY US BY SENDING AN EMAIL TO apphelpmg@gmail.com

A. GENERAL

  1. MobCandy is owned and operated by MindGeeks Tech LLP. (collectively, "MobCandy" " we", " our" or " us").
  2. MobCandy enables you to create and upload videos of your own over the Internet through your registered mobile device (" Device") (together called as " User Content") and provides various services in relation thereto. MobCandy acts as an intermediary between you and other users, enabling you to access and use such users’ User Content. MobCandy also produces content of its own ("MobCandy Content").

B. ELIGIBILITY

  1. The use of MobCandy is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use MobCandy. If you are a minor i.e. under the age of eighteen (18) years, you shall not register on MobCandy and shall not use MobCandy in any manner whatsoever. As a minor if you wish to use MobCandy, such use or transaction may be made only by your legal guardian or parents on MobCandy. We reserve the right to terminate your membership and/or refuse to provide you with access to MobCandy if it is brought to our notice or if it is discovered that you are under the age of eighteen (18) years. You further acknowledge and agree that you are not barred or otherwise legally prohibited from accessing or using MobCandy under the laws of India.
  2. If you violate any of these Terms of Use, we may terminate your membership, delete your account on MobCandy ("MobCandy Account") and any related information and/or prohibit you from using or accessing MobCandy at any time in its sole discretion.

C. MODIFICATIONS AND UPDATES TO MobCandy

We are committed to ensuring that MobCandy is as entertaining, useful, and efficient as possible. For this reason, we reserve the right to make changes to, or update MobCandy, or to charge for its services, at any time and for any reason. You shall be required to download the updates to MobCandy if you want to keep using MobCandy. We do not promise that it shall always update MobCandy so that it is relevant to you or that the updated versions of MobCandy will always be compatible with your Device.

D. REGISTRATION AND USE

  1. Creating an Account
    1. You will be able to use all MobCandy functionalities only if you have a MobCandy Account. If you do not have a MobCandy Account, it can be created on MobCandy using your Google account.
    2. For the purpose of registering on and creating your MobCandy Account, you may be required to furnish certain information and details, including your name, email address, contact number and any other information deemed necessary by us for the purposes of providing the services on MobCandy. You must be the sole owner and user of your Google account and the MobCandy Account.
    3. We reserve the right to ask for additional information to facilitate your registration on and use of MobCandy, now or at any time in the future. We also have the sole right to accept or reject your registration on MobCandy for any reason whatsoever, including for any discrepancies in the information provided.
  2. Availing of the Services
    1. MobCandy provides the following services to users:
      1. Users can apply the templates available on MobCandy to their photos to create video collages. Users can also add filters, stickers, music, and/or text to such video collages.
      2. Users can use their Device cameras to create videos through MobCandy, and add filters, stickers, music, and/or text to such videos. Such videos can be saved to the user’s Device storage.
      3. Users can upload videos from their Device storage to MobCandy and make it available to other MobCandy users.
      4. Users can like videos and share them through other social media platforms. Users can also download the videos on to their Devices.
      5. Users can also view, like, share and download the MobCandy Content; and
      6. Users can also delete the User Content uploaded on MobCandy at any time.
    2. We reserve the right to add, modify, or withdraw any of these services, or any part thereof, at any time, without prior intimation to you.
    3. You must be the sole owner and user of MobCandy Account. You are solely responsible for maintaining the confidentiality and security of your MobCandy Account, password and activities that occur in or through your MobCandy Account and for restricting access to your Device to prevent unauthorized access to your MobCandy Account. You agree to accept responsibility for all activities that occur in or through your MobCandy Account by you and anyone using your password and login information (with or without your permission). You shall inform us immediately by writing to us at apphelpmg@gmail.com if you have any reason to believe that your MobCandy Account password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner, or in case of any other suspected unauthorized use of your MobCandy Account.
    4. If you are a business entity, you agree that all officers, employees, agents, representatives and others having access to the credentials of your MobCandy Account have been duly authorized by you to use the services on your behalf and to legally bind you. You shall be responsible for all actions by current and former officers, employees, agents, representatives and others, regardless of whether authorized by you, who access the services using the registered MobCandy Account.
    5. You unequivocally agree to provide true, correct, accurate, and complete information about yourself. You can access and update your information including your nickname, MobCandy ID, profile image, gender, and email address at any time by signing into your MobCandy Account on MobCandy or by writing to us at apphelpmg@gmail.com The MobCandy ID can be modified only once every thirty(30) days.
    6. If you provide any information that is untrue, inaccurate, not updated or incomplete (or which becomes untrue, inaccurate, not updated or incomplete), or we have reasonable grounds to suspect that the information provided by you is untrue, wrong, inaccurate or incorrect, we shall have the right to immediately suspend or terminate your MobCandy Account without any prior notice or liability in this regard and refuse any and all current or future use of MobCandy (or any portion thereof) or Services in connection thereto.
    7. You may delete your MobCandy Account by submitting a request to us at apphelpmg@gmail.com

E. YOUR PRIVACY

  1. " Personal Information " means information relating to a natural person that can be used to identify an individual, either from that information alone or from that information combined with other information that we have/may have access to about that individual. Such Personal Information may include your name, address, account number, telephone number, email address, payment information, bank account information and other sensitive personal information or personally identifiable information.
  2. We collect, receive, possess, store, deal or handle your Personal Information only if it is necessary to provide the services to you. By agreeing to use MobCandy and the services available on MobCandy, you expressly consent to such use and disclosure of your Personal Information in accordance with the Privacy Policy available at https://mobcandy.app/privacy-policy.html
  3. You agree and acknowledge that all Personal Information provided by you shall be on an “as is” basis and we shall not be responsible for the authenticity thereof.
  4. You, at all times, have the option of not providing your Personal Information by choosing not to use a particular service that MobCandy offers. If you do not provide your Personal Information, we have the right not to provide you with the particular service that requires such information.
  5. We may collect the following types of information (which may or may not be Personal Information) through MobCandy:
    1. Information you provide to us or upload.
    2. Information specific to you that may be assigned by us.
    3. Device related information and
    4. Log information.
  6. We do not sell any Personal Information to third parties. Personal information is collected only for providing services to you, and legal compliance on our part under applicable laws. You hereby expressly consent that we may process and disclose Personal Information to our affiliates, our ecosystem companies, and the specific third parties set out in the Privacy Policy, for the purposes and to the extent stated in the Privacy Policy.
  7. You can be assured that we shall only share your Personal Information in accordance with your consent. You should know that when we share your Personal Information with a third party, we shall contractually specify that the third party is subject to practices and obligations to comply with applicable data protection laws. However, we are not responsible for any breach of security, or for any other actions of any third parties that receive your Personal Information.
  8. We may disclose your Personal Information without further consent when required under applicable laws.
  9. To the extent that we may need to transfer Personal Information outside of your jurisdiction, we shall do so in accordance with the applicable laws. For more information on how we collect, receive, possess, store, deal or handle your Personal Information, please see the Privacy Policy at https://mobcandy.app/privacy-policy.html

F. LICENSE AND ACCESS

  1. MobCandy App
    1. You do not have the right to use any of MobCandy’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You may use information on the services made available on Zili, provided that you (i) do not remove any proprietary notice language contained therein, (ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (iii) make no modifications to any such information; and (iv) do not make any additional representations or warranties relating to such information.
    2. Any unauthorized use of MobCandy will result in immediate revocation of all the licences granted to you by us under these Terms of Use.
  2. MobCandy Content
    1. MobCandy is the sole owner of all rights, title, and interest including any and all intellectual property rights in MobCandy. The MobCandy Content is owned or controlled by us, and/or our licensors.
    2. Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, non-sub-licensable, revocable licence to access and use MobCandy, and the MobCandy Content for strictly personal, non-commercial use. You acknowledge and agree that we may terminate this license at any time at its sole discretion. Use of MobCandy and/or the MobCandy Content for any purpose not expressly permitted by these Terms of Use is strictly prohibited and no part thereof shall be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent.
  3. USER CONTENT
    1. We operate MobCandy as an intermediary under the Act, and the Rules of 2011 with respect to User Content. We only facilitate your access and use of the User Content on MobCandy.
    2. We take no responsibility and assumes no liability for any User Content that you or any other user or third party posts, sends, or otherwise makes available over MobCandy. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on Zili, and you agree that MobCandy is merely acting as an intermediary for the online distribution and publication of the User Content.
    3. Our provision of access to the User Content does not in any way imply, suggest, or constitute any sponsorship, recommendation, opinion, advice or approval or offer by us for such users or any services that they may offer.
    4. You acknowledge and agree that you have all the rights, licences, and permissions required under applicable laws to create, upload, distribute and transmit your User Content on MobCandy in accordance with these Terms of Use. You also represent that your User Content does not infringe the rights of any third party, and that we shall not be in violation of any applicable laws in using your User Content in accordance with these Terms of Use.
    5. By posting or otherwise making available any User Content on or through MobCandy, you expressly grant to us a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, and make derivative works of all such User Content, in whole or in part, and in any form, media or technology, for use in connection with MobCandy and the related services. You also hereby grant each user of MobCandy a non-exclusive licence to access your User Content through MobCandy, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of MobCandy and under these Terms of Use.
    6. You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content.
    7. We reserve the right to review your User Content and take-down any User Content that does not comply with these Terms or any applicable laws.
    8. If any User Content on MobCandy is in violation of your intellectual property rights, please contact us at the following email address: apphelpmg@gmail.com. Please provide the following information so that we can process your infringement claim effectively:
      • Authorization from the copyright holder
      • Your name, email id, address and any other relevant information
      • The original copyrighted work
      • Description of the infringing content, including pictures or other information
      • Location details of the infringing content, for example, any available URLs
      • A declaration that the infringing party does not have any rights in the copyrighted material and
      • A declaration to the effect that the contents of this infringement notice is true and accurate to the best of your knowledge and that you are the copyright holder or have been duly authorised by the copyright owner to act on his behalf.
    9. We shall take all reasonable steps, as soon as possible, to remove/takedown proven infringing content.

G. YOUR OBLIGATIONS WHEN USING MobCandy

  1. You may only use MobCandy to use the services that may be offered on MobCandy by us. You agree not to use MobCandy for any purpose that is unlawful, illegal or forbidden by these Terms of Use, or any applicable laws. We may, at its sole discretion, at any time and without prior notice or liability, impose additional requirements and restrictions or suspend, terminate or restrict your access to MobCandy (or any portions thereof) if it is discovered or it comes to our notice that you have breached these Terms of Use, Privacy Policy and/or any applicable laws.
  2. You further agree that you shall not:
    • host, display, upload, modify, publish, transmit, update or share any material or information that : (i) belongs to another person and to which the user does not have any right to; (ii) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; (iii) harms minors in any way; (iv) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (v) impersonates another person; (vi) contains software viruses, worms, spyware, adware, software disabling codes, other malicious or intrusive software, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource (vii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; (ix) infringes the intellectual property rights, legal rights, or interests of any third party; (x) adversely interferes with the working of the Devices, or parts thereof, and/or modifies or disables any of the functionality and/or the settings of the Devices/MobCandy, including without limitation any security measures deployed on the Devices and/or MobCandy;
    • Conduct or forward surveys, contests, pyramid schemes or chain letters;
    • Download any file posted by another user of MobCandy that you know, or reasonably should know, cannot be legally distributed in such manner;
    • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
    • Violate any code of conduct or other guidelines, which may be applicable for or to any particular portion of MobCandy;
    • Violate any applicable laws for the time being in force in or outside India;
    • Violate, abuse, unethically manipulate or exploit these Terms of Use or any terms of the Privacy Policy;
    • Attempt to gain unauthorized access to any portion or feature of MobCandy, or any other systems or networks connected to MobCandy or to any server, computer, network, or to any of the services offered on or through MobCandy by hacking, password “mining” or any other illegitimate means;
    • Reproduce, duplicate, copy, sell, resell or exploit any portion of MobCandy;
    • Probe, scan or test the vulnerability of MobCandy or any network connected to MobCandy or breach the security or authentication measures on MobCandy or any network connected to MobCandy;
    • Reverse look-up, trace or seek to trace any information of any other user of MobCandy, including any account on MobCandy not owned by you, to its source, or exploit MobCandy or any service or information made available or offered by or through MobCandy, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by MobCandy; or
    • Make any negative, denigrating or defamatory statement(s) or comment(s) about MobCandy.

H. COMMUNICATION

By making use of MobCandy, and furnishing your personal/contact details, you hereby agree that you are interested in availing of the services that you have selected. You hereby agree that we may contact you either electronically or through phone, to understand your interest in the selected services, to assist you in using the services, and to obtain information/suggestions with respect to the services. You specifically understand and agree that by using MobCandy you authorize us to contact you for any follow up calls in relation to the services provided through MobCandy. You expressly consent to receive calls/SMSes/emails from us for this purpose and waive the National Customer Preference Registry registrations contrary to this consent.

I. MONITORING OF YOUR MobCandy ACCOUNT

We have the right but not the obligation to monitor your use of MobCandy and share information with any governmental, legislative, judicial or quasi-judicial authority of competent jurisdiction upon receipt of an order requiring such disclosure, in accordance with the applicable laws and the Privacy Policy available at https://mobcandy.app/privacy-policy.html

J. SERVICE SUSPENSION

We may wish to stop providing services through MobCandy, and may terminate your use of it at any time without any prior notice or liability to you. Unless we inform you otherwise, upon termination, (a) the rights and licences granted to you under these Terms of Use shall stand revoked; and (b) you shall stop using MobCandy.

K. DISCLAIMER OF WARRANTIES

  1. We operate MobCandy as an intermediary and it hereby expressly disclaims all liability for the User Content available on MobCandy.
  2. MobCandy, all content (including User Content) and services included on or otherwise made available to you through MobCandy are provided on an “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. We do not warrant that: (i) the content on MobCandy shall be up-to-date, complete, comprehensive, accurate or applicable to your circumstances; (ii) MobCandy shall meet your requirements or shall be available on an uninterrupted, timely, secure, or error-free basis; (iii) the results that may be obtained from the use of MobCandy or any services offered through MobCandy shall be accurate or reliable; or (iv) the quality of the services, information, or other material obtained by you through MobCandy will meet your expectations. We shall also not be responsible for any data lost while transmitting information on the internet.

L. LIMITATION OF LIABILITY

  1. We assume no responsibilities, guarantees or joint or several legal liabilities on behalf of the third party partners with respect to the services offered by such partners through MobCandy. You acknowledge and agree that your use of such services shall be exclusively governed by the terms of such partners and we have no liability in this regard whatsoever. To the maximum extent permitted by law, you waive, release, discharge and hold harmless MobCandy, our directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of MobCandy, and the services offered by the Partners on MobCandy.
  2. We are in no way responsible for the accuracy, timeliness or completeness of information obtained from third parties on MobCandy. Your interaction with any third-party accessed through MobCandy is at your own risk, and we shall have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third-party or for any damages or expenses resulting from your interactions with such third-party.
  3. Notwithstanding anything to the contrary contained herein, neither we nor our officers, directors, employees or any related party shall have any liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these Terms of Use, even if we have been informed in advance of the possibility of such damages. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OF USE EXCEED INR 1000.

M. INDEMNITY

  1. You shall indemnify and hold harmless us, our officers, directors, agents, and employees from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys' fees, arising out of or related to your breach of these Terms of Use, Privacy Policy, your violation of applicable laws or the rights of a third party, through your use of MobCandy.
  2. This clause shall survive termination of these Terms of Use.

N. ADVERTISERS/ THIRD PARTY SERVICES IN MobCandy

MobCandy may provide links to third party websites/applications or enable you to access materials, including stickers, music, video effects etc. offered by third parties. We have no control over such third party materials and you acknowledge and agree that we are not responsible for the availability of such third party websites/applications/materials, and it does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such third party websites/applications/materials. Such websites/applications/materials are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such third party websites/applications/materials. Any user information shared by us with such third parties shall be in accordance with all applicable laws and the Privacy Policy, available at https://mobcandy.app/privacy-policy.html

O. FORCE MAJEURE

We shall not be held responsible for damage, loss, non-availability of the services, or deficiency in provision of the services, resulting directly or indirectly due to a fire, earthquake, flood, epidemic, strike, lockout, labour unrest, riot, civil disturbance, war, civil commotion, act of God, act of terrorism, court order, change in law, or any other circumstance which is beyond our control.

P. APPLICABLE LAWS, JURISDICTION AND DISPUTE RESOLUTION

  1. These Terms of Use shall be governed by, interpreted and construed in accordance with the laws of India. All disputes arising out of or in relation to these Terms of Use shall be subject to the exclusive jurisdiction of the courts at Hyderabad.
  2. This clause shall survive termination of these Terms of Use.

Q. CONTACT US

If you have any queries regarding MobCandy or the services provided through MobCandy, please contact: apphelpmg@gmail.com