In the event the Terms are not agreeable to you, we request you to desist from accessing, downloading, using the Services in any manner, whatsoever.
For ease of reference, we are defining certain terms as below which will be used throughout the Terms and associated policies.
Application shall mean and include the software and mobile application of MeMyFolks accessed through or downloaded from the app store viz., Android or iOS, and accessible from any compatible device.
Content means and includes, without limitation, any information, data, text, pictures, audio, video, GIFs, polls, user profiles, software, tags, graphics, and interactive features generated, provided, or otherwise made accessible either by you or other users or by us or our partners or sponsors on or through the Service/s.
You or User shall mean any registered user of the Application. If you are accepting these Terms and using the Services on behalf of any juristic entity or any other person, you represent and warrant that you are authorized to do so and have the authority to bind such entity or person to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity or person irrevocably. .
1. ACCESS TO AND CONTINUED USE OF SERVICES
1.1. You should have attained the age of majority in your jurisdiction to be able to use and access our Services. The Application has the right to terminate your account, wherein the User is found to be defaulting on this condition, or where we find that you are barred in law from access to our Services.
1.3. You may access our Services free of charge, or in any such manner which is determined by the Company and is conveyed to you from time to time.
1.4. The Services provided to you are for your personal and non-commercial purposes only and should not be shared with individuals in violation of these Terms and allied policies.
1.5. You are responsible for safeguarding your account and you agree not to disclose your OTP/password to any third party. You agree that you will be solely responsible for any activities or actions taken under your Mobile Number, irrespective of whether you have authorized such activities or actions. You will immediately notify the Company of any unauthorized use of your password or your account, upon becoming aware of any such discrepancy. .
1.6. The Company further reserves the right to restrict circulation of any content if the said content violates the Guidelines of the Application. The Company may also suspend or terminate your account for such violation. Please refer to our other policies on how we moderate content.
1.9. You agree not to use the accounts of other Users, disparage other accounts, or indulge in any activity.
1.10. We do not claim ownership of your content that you post on or through the Service. By submitting, posting, displaying, or communicating Content on or through our Services, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, reproduce, process, such Content across all formats, media now known, or which may come into existence later. You represent and warrant that you have, or have obtained, all rights, licenses, necessary authorizations required to grant the rights granted herein for any Content that you submit, or post, or display, or communicate through our Services and such Content is not subject to copyright or other proprietary rights of third parties unless you are legally entitled to post such Content through necessary permission or otherwise..
1.11. We do not undertake any obligation to monitor user generated content, except to the extent required by law. We are an intermediary that primarily enables online interaction between two or more users and allows them to create, upload, share, disseminate, modify or access information using MeMyFolks services. While MeMyFolks supports valid and legitimate claims of intellectual property ownership, it does not adjudicate any claims. In the first instance, parties must resolve any disputes relating to intellectual property amongst themselves or through legal process, before reporting to MeMyFolks. If you believe that someone is violating your or anyone else's intellectual property, you may report it by emailing to email@example.com. Please ensure that you submit complete details of the violation and ownership of the intellectual property in order for us to process the report. Such reports will typically be processed within 48 hours. Orders or directions of courts or legal authorities will be honoured on priority. The contents of a report (including any attachment) and the reporter's email address will be provided to the person who posted the contested content along with a request to respond to the claim within 36 hours. If no response is received within the specified time, or, if in the sole discretion of MeMyFolks, either the report or the response are unsatisfactory, MeMyFolks will take such action as it deems fit. Please note that MeMyFolks is acting on a best efforts basis and accepts no responsibility for any actions taken by it. Any assertion or adjudication of legal rights must be carried out through legal process. Any abuse of this process may lead to termination of your user account and/or other legal consequences. Please do not hesitate to seek your own legal advice before filing or contesting any report for intellectual property violation.
1.12. We reserve the right to update, modify, alter, amend, these Terms at any time, at our sole discretion.
1.13. We do not endorse, support, represent, authorize the circulation of all Content published on our Application, and we do not further attest to the accuracy, originality, reliability, legitimacy, completeness, of such Content, as available on our Services.
1.14. All the Content that is available on the Application is the sole responsibility of the originator of the Content. Your use or reliance on any Content while availing the Services is solely at your own risk. As a User, you may come across Content which you may construe to be offensive, harmful, misleading, inaccurate, or inappropriate. We impress upon you that we may not always monitor or control the Content accessible on the Services, and as an intermediary we cannot assume responsibility for such Content. Please use the Feedback button within the MeMyFolks.com to record your reactions or contact the Grievance Officer as stated below. We may be required to remove Content if such Content is violative of established and universal legal principles or is spammy or if such Content is violative of applicable law. In this connection, we shall abide by binding directions of legal authorities as and when they are made. If you have obtained a legal order for removal of any Content please furnish the same at firstname.lastname@example.org. While we will endeavor to do so, in complying with legal directions or in other compelling circumstances, it may not always be possible to immediately notify you of an action taken on our part. You may appeal against any action taken to the Grievance Officer whose details are provided below.
1.15. We give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services.
1.16. The Services made available to you are protected by copyright, trademark, and other laws. Nothing in these Terms gives you the right to use our trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of the Company and its licensors.
1.17. Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
The Application provides you with the ability to:
2.1. Create and maintain your own profile on the Application after registration.
2.2. Share your Content; re-share Content shared by others; connect, follow and communicate with other Users.
2.3. Remove, edit, modify your own content, and comments made on your’s or others’ content.
3. REGISTRATION AND ACCOUNT INTEGRITY
3.1 We provide you with a free account, however, you are required to be registered with us, to avail full functionalities of our Services.
3.2 As part of the registration process for creating your account, you will need to provide us with your phone number and/or email address, (which will be verified via a one-time password verification mechanism). You can then create an account username for yourself. You must use original and distinct credentials to create an account on our App, which do not infringe any applicable laws and third-party rights. Username must not contain derogatory, demeaning or misleading language or messages or identity or images.
3.3 You undertake that the information you provide to us is accurate, secure, and is not misleading. For all intents and purposes User accounts and handles are the property of the Company and have been licensed for use to you in accordance with these Terms. Usernames or handles cannot be sold or commercially dealt with in any manner.
3.4 Please note that if a username has been used by a verified user on another platform, in order to avoid risk of impersonation, the username will not be allotted to anyone else and, if already allotted, may be cancelled at the discretion of MeMyFolks.com without any notice.
3.5 We reserve the right to suspend or terminate
any account, with or without notice, if you are in breach of these
3.6 In case of any discrepancy in access to your account, please reach out to us as per the account terms.
4. THIRD PARTY SERVICES
4.1 You note that during your usage of our Services, Company can place advertisement or other types of commercial information on the Application. You also agree to receive other relevant commercial information from us via SMS, WhatsApp Messages or other authorized means. The Company may provide its Users with links to, or contact information for, third-party sites or services. Please note that we do not control such third-party websites, and their interactions with you. We have not reviewed, and do not review, all the material, including goods or services, made available through third-party sites. We therefore urge you to kindly make an informed choice in interacting with such third-party sites and ensure that you are familiar with the policies of such sites before you proceed with engaging, interacting, with such third-party sites.
4.2 The Company is not responsible for, and does not endorse, any third-party content, sites, or services mentioned on the Application. Third party materials accessed through or used by means of the third-party sites may also be protected by copyright and other intellectual property laws.
5. RULES AND CONDUCT
5.1 Without foregoing the responsibilities ascribed to you under these Terms, and without foregoing the generality of the allied policies, you are prohibited from publishing any Content which:
i. may be harmful to minors or children, including any sexually explicit, abusive content. We have a zero-tolerance policy against child sexual abuse content; and/ or, ,
ii. 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 cognizable offence or prevents investigation of any offence or is insulting any other nation; and/ or,
iii. is invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; and/ or,
iv. infringes on any third party’s rights, including copyright, trademark, privacy, and publicity rights, and any other protected subject matter; and/ or,
v. may be deemed as capitalizing on or lacking reasonable sensitivity towards a natural disaster, atrocity, conflict, death, or other tragic event; and/ or,
vi. threaten, harass, or bully other Users or third parties, including depictions of violence, gratuitous or otherwise, to any person place or property, or inciting violence, including suicide; and/ or,
vii. depicts content, which is sexually explicit (pornographic or erotic content, including icons, titles, or descriptions), violent in nature, abusive, and grossly harmful.
viii. is in violation of applicable law.
5.2 The Company shall, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person in writing or through email, about any such information as mentioned above, be entitled to disable such information that is in contravention of this clause. We shall also be entitled to preserve such information and associated records for at least 180 (one hundred eighty) days for production to governmental authorities for investigation purposes.
6.1 The Company offers email based, and online support tools. You may access support resources or contact our support by emailing at email@example.com. Under certain exceptional circumstances, we may also request you to reach out to other authorized, appointed contact persons for resolution of your queries or support requests. The Company does not make any promises regarding how quickly we will respond to your request for support, or that we will be able to fix any problems you may be having. Any suggestions by the Company regarding use of the Services shall not be construed as a warranty.
6.2 We are an intermediary enabling online interaction between users and allowing them to create, upload, share, disseminate, modify or access information using our services. MeMyFolks does not undertake any obligation to monitor user generated content, except where specifically mandated under applicable law. Resolution of grievances or disputes or claims relating to violation of legal or personal or public or community rights (collectively known as grievances) is solely within the domain of legal or judicial authorities. We do not adjudicate any personal grievances.
7.1. The Company reserves the right to suspend or terminate your access to the Application and the Services with or without notice and to exercise any other remedy available under law, in cases where:
i. You are in breach of any terms and conditions of these Terms;
ii. The Company is unable to verify or authenticate any information provided to Company by you;
iii. The Company has reasonable grounds for suspecting any illegal, fraudulent, or abusive activity on your part;
iv. The Company believes in its sole discretion that your actions may cause legal liability for you, other Users or for the Company, or are contrary to the interests of the Application or the Company; or.
v. directed by law enforcement.
7.2. Once temporarily or permanently suspended, or terminated, the User may not continue to use the Application under the same account, a different account or re-register under a new account, unless approved by the Company. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to Content by such User on the Application , to the extent permissible in law.
7.3. The User has the provision to appeal the suspension or termination of the account by contacting firstname.lastname@example.org
7.4. All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, disclaimers, indemnity, and limitations of liability.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. THE COMPANY AND ITS DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS DO NOT WARRANT THAT:
(I) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; OR,
(II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR,
(III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR,
(IV) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
9.1 You shall defend, indemnify, and hold harmless the Company, its affiliates, subsidiaries, joint venture partners and each of its, and its affiliates, subsidiaries, join venture partners’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to:
i. Your use or misuse of, or access to, the Service; or,
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE:
(I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER;
(II) FOR YOUR RELIANCE ON THE SERVICE;
(III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE INR 10,000/- (in case of India) and USD 150 (in case of countries other than India);
(IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.
11. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of your country provided the Application is available and operated under a locally registered legal entity in your country, without regard to the conflict of laws provisions thereof. All claims, differences and disputes arising under or in connection with or in relation hereto the Application or Services, the Terms or any transactions entered into on or through the Application or Services shall be subject to the exclusive jurisdiction of the courts at Bengaluru, India and You hereby accede to and accept the jurisdiction of such courts.