Mywavia Studios - Regaltusk Private Limited

MYWAVIA STUDIOS - REGALTUSK PRIVATE LIMITED

TERMS OF USE (EFFECTIVE DECEMBER 2011)

THE FOLLOWING TERMS OF USE EXPLAIN THE RELATIONSHIP BETWEEN YOU AND MYWAVIA STUDIOS PRVIATE LIMITED. ("MYWAVIA") AND APPLY TO YOUR USE OF MYWAVIA'S WEBSITE AND MOBILE PRODUCTS (COLLECTIVELY, THE "SITE"), MYWAVIA'S PROPRIETARY SOFTWARE (THE "SOFTWARE") (COLLECTIVELY, THE "SERVICE"), WHETHER OR NOT YOU ARE A REGISTERED USER OF THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, DO NOT USE THE SERVICE.

NOTE: THESE TERMS OF USE DO NOT APPLY TO YOUR USE OF ANY CONTENT COVERED BY THE GNU FREE DOCUMENTATION LICENSE WHICH YOU ACCESS VIA THE SERVICE, WHICH IS EXCLUSIVELY GOVERNED BY THE TERMS OF THE GNU FREE DOCUMENTATION LICENSE LOCATED AT http://www.gnu.org/licenses/fdl.html.

1. Service Provider Charges
You acknowledge that you are responsible for all data and usage charges imposed by your carriers or service providers in connection with your use of the Service and any Content.

2. Software License.
You may download the Software from the Google Play Store or any other websites we upload for distribution of the Software. MyWavia grants you, subject to these Terms of Use, a nonexclusive, nontransferable right to use the Software solely in connection with your use of the Content Discovery and Delivery Service and solely for personal, noncommercial purposes. Users shall not (a) rent, lease, sublicense, distribute, transfer, copy, modify, create derivative works of, or time-share the Software, or (b) decompile, disassemble, reverse-compile, reverse-assemble or otherwise reverse-engineer the Software or use any similar means to discover the source code of the Software.

3. Privacy Policy
You agree to have read and understood our Privacy Policy available at http://profile.mywavia.com/im/privacypolicy.html

4. Compliance with Laws
You agree to comply with all applicable Indian, U.S. and international laws, statutes, ordinances and regulations, including those relating to the Internet, data, email and privacy.

5. Changes to these Terms of Use
MyWavia reserves the right to change these Terms of Use at any time by updating this posting or otherwise providing notice on the Service. Therefore, it is important that you review these Terms of Use regularly so you are aware of any changes. Your continued use of the Service following any change shall be deemed to be acceptance of any such change. If you do not agree to any modification of these Terms of Use, you must immediately stop accessing or using the Service.

6. Modifications to the Service
MyWavia reserves the right at any time to modify or suspend access to the Service (whether on a temporary or permanent basis) with or without notice. MyWavia will not have any liability associated with exercising this right.

7. User Disputes
You are responsible for any interactions with other users of the Service. MyWavia has the option (but not the obligation) to participate in the resolution of such disputes. MyWavia is not responsible for the conduct or activities of any user of the Service.

8. Termination
These Terms of Use are effective as of the date that you first access or use any part of the Service and shall remain in full force and effect for as long as you are permitted access to the Service.
You may terminate or suspend your access to any part(s) of the Service upon request to MyWavia, which shall be effective when MyWavia terminates or suspends such access. Your access to any or all parts of the Service may be suspended or terminated by MyWavia at any time with immediate effect in the event of any violation of these Terms of Use or any other terms or conditions applicable to the Service or otherwise in MyWavia's sole discretion. Following any such termination, you agree to immediately uninstall the Software and to stop accessing and/or using the Service.
The applicable sections of these Terms of Use shall survive termination, including but not limited to, those concerning intellectual property rights, disclaimers of warranty, and limitations and exclusions of liability.

9. Force Majeure
Neither party shall be responsible for any failure to perform its obligations under these Terms of Use (other than obligations to pay money) caused by an event beyond its reasonable control, including but not limited to, wars, riots, labor strikes, natural disasters, the infrastructure of the Internet (including acts or omissions of service providers), technical problems or malfunctions with networks, telephone lines, computer systems, or software, or any law, regulation, ordinance or other act or order of any court, government or governmental agency.

10. Disclaimer of Warranty
MYWAVIA (AND ITS THIRD-PARTY PROVIDERS) IS PROVIDING THE SERVICE AND IS MAKING CONTENT AVAILABLE THROUGH THE SERVICE ON AN "AS- IS, AS-AVAILABLE" BASIS AND MAKES NO WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT) WITH RESPECT TO (A) THE SERVICE, (B) ANY CONTENT, DATA, MATERIALS, PRODUCTS, MERCHANDISE, SOFTWARE, INFORMATION OR SERVICES PROVIDED BY OR THROUGH THE SERVICE OR THE INTERNET GENERALLY, (C) THE RESULTS OBTAINED FROM THE USE OF ANY SUCH CONTENT, DATA, MATERIALS, PRODUCTS, MERCHANDISE, SOFTWARE, INFORMATION OR SERVICES, OR (D) THE SECURITY OF ANY PERSONAL INFORMATION PROVIDED TO US BY YOU. MYWAVIA DISCLAIMS ANY WARRANTY THAT THE SERVICE OR ANY CONTENT OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICE IS FREE FROM DEFECT, ERROR, OMISSION, VIRUS OR ANYTHING WHICH MAY CHANGE, ERASE, ADD TO OR DAMAGE YOUR SOFTWARE, DATA OR EQUIPMENT. YOU ACKNOWLEDGE THAT ANY VIEWING OR DOWNLOADING OF CONTENT OR OTHER MATERIAL FROM OR THROUGH THE SERVICE IS DONE AT ENTIRELY AT YOUR OWN RISK.

11. Limitation of Liability
IN NO EVENT SHALL MYWAVIA (OR ANY OF ITS THIRD-PARTY PROVIDERS) HAVE ANY LIABILITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, DIRECT OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES RELATING TO LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE CAUSE OF ACTION UNDER WHICH SUCH DAMAGES ARE SOUGHT.? SPECIFICALLY, MYWAVIA SHALL HAVE NO LIABILITY FOR DAMAGES RESULTING FROM (A) INACCURACIES, ERRORS OR OMISSIONS IN OR ON THE SERVICE OR ANY CONTENT, OR IN ANY PRODUCTS, MERCHANDISE, SOFTWARE, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE SERVICE OR DOWNLOADED FROM THE SERVICE OR ACCESSED ON THE INTERNET FROM THE SERVICE, (B) UNAUTHORIZED USE OF ANY PERSONAL INFORMATION PROVIDED TO US BY YOU, OR (C) ANY VIRUSES, SOFTWARE BUGS OR SIMILAR MECHANISMS. Because some states do not allow the exclusion of implied warranties or the limitation of liability for consequential or incidental damages, the above exclusions and limitations may not apply to you. In such states, MyWavia's liability is limited to the greatest extent permitted by law.

12. Indemnification
You agree to indemnify and defend MyWavia from and against all claims, losses, expenses, damages, liabilities, expenses and costs, including reasonable attorneys' fees, resulting from (a) any violation of these Terms of Use, (b) any violation of the rights of a third party, and (c) any use of the Service or the Content. MyWavia reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. In any event, no settlement which affects the rights or obligations of MyWavia may be made without MyWavia's prior written approval.

13. Miscellaneous
MyWavia may provide notices under these Terms of Use via email or by displaying a notice (or a link to a notice) on the Service. MyWavia's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. These Terms of Use, the relationship between a user and MyWavia resulting from these Terms of Use, and the resolution of any dispute arising out of that relationship shall all be governed and construed in accordance with the laws of the Republic of India, without reference to its conflicts of laws. Users agree that any legal action or proceeding between a user and MyWavia, for any purpose concerning this Agreement or any obligations hereunder, shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Bengaluru . Any claim arising out of these Terms of Use or the Service must be brought within one (1) year of the date on which the claim arose.