These terms of service shall be read in conjunction with all amendments, additional
terms, software licenses, rules, regulations, by elaws, Privacy Policy, or any other
terms what governing the services provided through this product.
All users/browsers/accessor, irrespective of whether or not registered (hereinafter
referred to as “User"), must carefully read the following Terms of Service (“TOS”),
before utilizing/signing/ accessing, the Service (as defined herein below) provided
by IMI Mobile Private Limited (hereinafter called as ‘IMImobile’ which term shall,
unless it be repugnant to the context or meaning thereof, be deemed to mean and
include all its affiliates, subsidiaries, successors and permitted assigns) through
this product.
- ACCEPTANCE OF TERMS
The objectives of the product: IMImobile hereby welcomes to “www.davinciappshop.com”
(“Product”) Global Mobile Web Community. The objective of the Product is to build
the largest community platform focused on mobile content and services (“Service").
IMImobile is a unique place where users can store, publish, share material, data,
information, text, graphics, user interfaces, visual interfaces, sounds, music,
artwork, computer code and personal content for mobile devices including pictures,
ringtones, wallpapers, logos, as well as the most appropriate applications (collectively
“Content”) for each Users' mobile phones.
- SERVICE DESCRIPTION OF THE PRODUCT (www.davinciappshop.com)
The product has two access mechanisms: Web and WAP. The user can download an app
through WAP. Using the Web, the user can send an access link to his/her phone. In
the future, the web may also be used to download. A user must register as consumer
or developer. If the user is registered as consumer, he/she will have access to
all apps and can download free/paid apps. However, he/she cannot upload any app.
If the user is registered as developer, he/she has consumer rights to access free
and paid apps for download. In addition, he/she can upload apps. Please refer to
terms of service for Developer for further details. .
- PREROGATIVES OF IMIMOBILE
3.1 Different categories of Content will be available on the Product, some are gratuitous
and some are for consideration.
3.2 Though IMImobile does not screen or verify the content at the time of uploading
or downloading the applications, it is the prerogative of IMImobile to decide what
content may be provided and what may not be provided through its product.
3.3 It is the prerogative of IMImobile to decide that the Services provided are
available for all the users of the Product irrespective of their registration. However,
some of the Services are available to the paid users only (“Members”), upon successful
completion of payment formalities. The user upon registration and successful completion
of the registration formalities/payments shall become Member and only such Member
can avail services of the Product. Registration implies acceptance of the terms
and conditions of this Product, Privacy Policies and other terms of payment as may
be applicable from time to time.
3.4 IMImobile, to accomplish the registration for paid services, the user shall
provide personal data which will be treated according to privacy laws of India and
the most stringent IMImobile Privacy Policies. For further information about the
IMImobile Privacy Policy, please visit www.davinciappshop.com. Additionally, by
using the Product, you acknowledge and agree that internet transmissions are never
completely private or secure. You understand that any message or information you
send to the Product may be read or intercepted by others, even if there is a special
notice that a particular transmission (for example, credit card information) is
encrypted.
- PAYMENT TERMS:
4.1 IMImobile reserves its right to charge for the services, from time to time,
as per the laws applicable.
4.2 The value/ price/ consideration/fee/royalty of the Content/Part of the Content
offered through the Product shall be fixed and decided by IMI. IMImobile disclaims
that it shall have no obligation to justify the cost of the Content. IMI reserves
the right regarding the number of time Content / part of the Content can be downloaded
by the User upon payment. Currently a User can download 5 (five) times. However,
the number of time content/part of the content can be downloaded is subject to the
availability of the content/part of the content online.
4.3 However, IMImobile for the purpose of affecting the payments, shall route the
user to the Bank URLs by acceding which the user will be re-directed to that respective
Bank’s Payment Portal.
4.4 However, IMImobile disclaims that it shall not be liable or responsible for
any damage or loss caused whatsoever. The users shall have to settle their disputes
directly with that respective bank, which has processed the payment.
- CONFIDENTIALITY:
5.1 IMImobile DOES NOT sell/offer to sell or use the personal information provided
by the Users for any commercial purposes. IMImobile takes all necessary steps to
protect the confidentiality/privacy of the information subject to the laws governing
this contract.
5.2 The User/Member hereby declares that the personal information including but
not limited to E-Mail ID etc. are true and correct. Any information provided by
the User/Member found incorrect or false, this agreement stands cancelled immediately
and IMImobile, without prejudice to its rights, upon such termination would automatically
be absolved from all the liabilities incidental to such termination.
5.3 IMImobile DOES NOT sell the Content, but rather provides a Service to transfer
the Content supplied by the Developers from the web to mobile devices. IMImobile
does not operate any control, monitor, validation or verification over the files
uploaded by the Developers, and therefore cannot be held responsible for the type
of content which can be found on its platform.
5.4 Unless otherwise indicated, any modification of IMImobile Services which alter
the way in which the Service can be used and/or the launch of new services will
be subject, and therefore regulated by the TOS. Users acknowledge that the Service
is provided “as is" and “as available"; therefore, IMImobile does not assume any
responsibility and makes no guarantee as to the use and availability of the Service.
5.5 IMImobile does not assume any implicit or explicit responsibility for the Content
stored and published by the Users in any area of IMImobile Product. Declarations
and opinions expressed by the users do not necessarily represent IMImobile’s opinions,
as IMImobile does not approve, select, certify or control the content of the files.
Moreover, IMImobile is not responsible for the receipt or for the quality of any
good or Service sold or advertised on Product. If someone believes that a file published
by a User infringes any law, he/she is kindly requested to contact IMImobile at
the email address:davinciappshoplab@imimobile.com.
- OBLIGATIONS RELATING TO REGISTRATION AND CHILD PROTECTION
In order to utilize the Service, the User hereby agrees to: a) provide correct personal
information during the registration process, ensuring that all information is current,
complete, and true (in particular, the email address, which is necessary to activate
the service) b) maintain and update their registration data, in order to keep them
current, complete and true c) represent that he\she is of legal age to form a binding
contract and is not a person barred from receiving Services under the laws of Indian
or other applicable jurisdiction. IMImobile is concerned about the safety and privacy
of all its users, particularly children.
- PRIVACY POLICY AND INFORMATION ON PERSONAL DATA PROTECTION
7.1 The registration data and any other information to a registered User/ Member
are collected and used according to the strictest compliance of Indian laws, and
to the Product Privacy Policy, which can be viewed at the URL www.davinciappshop.com.
IMImobile declares that:
7.1.1 The registration data provided by Users are collected and used by IMImobile
Private Limited, the Company which owns and runs the www.davinciappshop.com Platform
and Services. The Registration Data are collected for: (i) correctly delivering
the Service, according to the TOS; (ii) advertising, promotion, and direct marketing
purposes of IMImobile. By registering to the Service, the User accepts that, from
time to time, IMImobile and its affiliates may utilise User's email and cell phone
number for advertising and marketing purposes. Each email communication from IMImobile
will always give the user the possibility to unsubscribe from the Service. 7.2 The
registration data provided by Users are collected and used by IMImobile Private
Limited, the Company which owns and runs the www______ Platform and Services. The
Registration Data are collected for: (i) correctly delivering the Service, according
to the TOS; (ii) advertising, promotion, and direct marketing purposes of IMImobile.
By registering to the Service, the User accepts that, from time to time, IMImobile
and its affiliates may utilise User's email and cell phone number for advertising
and marketing purposes. Each email communication from IMImobile will always give
the user the possibility to unsubscribe from the Service.7.1.2 With the same purposes
as stated above, some data may be communicated by IMImobile to other entities belonging
to IMImobile Group or to third parties, in order to perform activities instrumental
to the maintenance, development, distribution, and improvement of the Service. For
organizational purposes relating to centralized operations and Service provision,
and due to the international scope of the Product, some personal data of Users may
be transferred, even temporarily, to different countries for the purpose of this
agreement.
7.1.2 With the same purposes as stated above, some data may be communicated by IMImobile
to other entities belonging to IMImobile Group or to third parties, in order to
perform activities instrumental to the maintenance, development, distribution, and
improvement of the Service. For organizational purposes relating to centralized
operations and Service provision, and due to the international scope of the Product,
some personal data of Users may be transferred, even temporarily, to different countries
for the purpose of this agreement.
7.1.3 IMImobile recognizes specific rights of its User, including the possibility
(i) to request records indicating whether or not IMImobile retains the User's personal
data (ii) to track the origin of the User's record, and of the logic and objectives
for retaining such data; (iii) to effect the updating, correction, integration and
eventual cancellation of the User's data, wherever possible; (iv) to oppose the
use of personal data for marketing and sales purposes. In order to exercise these
specific rights, the User may directly contact the person responsible for the privacy
and database, at davinciappshoplab@imimobile.com.
- ACCOUNT AND PASSWORD
Upon completion of the registration process, the User obtains a private account
(USERNAME) and a PASSWORD, for which the User is solely responsible. The User must
be aware that, in order to regulate access to the Service, his/her authentication
depends on the verification of the correct USERNAME and PASSWORD.
The User acknowledges and accepts that IMImobile may, at its sole discretion, deactivate
the User's password or/and account, or suspend the access to the Service or the
Content. Moreover, IMImobile has the right to remove or cancel any of the Content,
without notice and without being obliged to explain.
- USER CONDUCT
9.1 User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other
automatic device, program, algorithm or methodology, or any similar or equivalent
manual process, to access, acquire, copy or monitor any portion of the Product or
any Content, or in any way reproduce or circumvent the navigational structure or
presentation of the Product or any Content, to obtain or attempt to obtain any materials,
documents or information through any means not purposely made available through
the Product. IMImobile reserves the right to bar any such activity.
9.2 User shall not attempt to gain unauthorized access to any portion or feature
of the Product, or any other systems or networks connected to the Product or to
any IMImobile server, or to any of the Services offered on or through the Product,
by hacking, password “mining” or any other illegitimate means.
9.3 User shall not probe, scan or test the vulnerability of the Product or any network
connected to the Product, nor breach the security or authentication measures on
the Product or any network connected to the Product. You may not reverse look-up,
trace or seek to trace any information on any other User of or visitor to the Product,
or any other customer of IMImobile, including any IMImobile account not owned by
you, to its source, or exploit the Product or any Service or information made available
or offered by or through the Product, 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 the Product.
9.4 User agree that he/she will not take any action that imposes an unreasonable
or disproportionately large load on the infrastructure of the Product or IMImobile
systems or networks, or any systems or networks connected to the Product.
9.5 User agree not to use any device, software or routine to interfere or attempt
to interfere with the proper working of the Product or any transaction being conducted
on the Product, or with any other person’s use of the Product.
9.6 User agree not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any message or transmittal send to Product on or through
the Product or any Service offered on or through the Product. You may not pretend
that you are, or that you represent, someone else, or impersonate any other individual
or entity.
9.7 User agree not to use the Product or any Content for any purpose that is unlawful
or prohibited by these TOS, or to solicit the performance of any illegal activity
or other activity which infringes the rights of IMImobile or others.
- OTHER TERMS AND CONDITIONS
10.1 Additional terms and conditions may apply to purchases of Contents and to specific
portions or features of the Product, all of which terms are made a part of the TOS
by this reference. User agrees to abide by such other terms and conditions, including
where applicable representing that you are of sufficient legal age to use or participate
in such Content or Service. If there is a conflict between the TOS and the terms
posted for or applicable to a specific portion of the Product or for any Service
offered on or through the Product, the latter terms shall control with respect to
the User use of that portion of the Product or the specific Content or Service.
10.2 IMImobile does not control, monitor or verify the content posted or uploaded
to its servers by the Users and, as such, does not guarantee the integrity, the
correctness, or quality of such content. Under no circumstances will IMImobile be
liable in any way for any content made available through the Service
10.3 IMImobile may make changes to any Content or Services offered on the Product,
without notice. The Content on the Product may be out of date, and IMImobile makes
no commitment to update the Contents on the Product with respect to such Content.
- INDEMNITY
In the event of legal action brought on by third parties in relation to any Users'
conduct, and/or in relation to the User's violation of the TOS, and/or of the User's
violation of the rights of others, the User agrees to indemnify IMImobile, and its
affiliates, partners, owners, officers, agents, and employees from all claims and
demands (including legal fees).
- NO RESALE OR COMMERCIAL USE OF CONTENT
The User agrees not to reproduce, copy, duplicate, sell, resell or in any way use
for commercial purposes any part of the Content, including access to the Content.
- GENERAL RULES REGARDING CONTENT USE
The User agrees that IMImobile may establish rules and general limits regarding
the use of the Content, including the maximum amount of disk space the can be used
by each user, the number of times the User can access the Content per unit of time,
the number and size of the Content which can be uploaded or downloaded, the duration
of each session. The User agrees that IMImobile cannot be held responsible for the
loss of data, or Content uploaded by the user.
- SERVICE MODIFICATION
IMImobile reserve the sole and exclusive right to modify at any moment, even without
notice, temporarily or permanently, the Service. The User agrees that IMImobile
cannot be held responsible for any of the modifications, suspensions or cancelling
of the Service.
- IMImobile INTELLECTUAL PROPRIETARY RIGHTS
The User acknowledges and agrees that all Software utilized in connection with the
Service (“Software") are protected by the Intellectual Property Laws. IMImobile
grants the User a personal license, non transferable and non exclusive for the use
of the Software on a single computer. The User shall not copy, modify, create derivative
works, and in any way try to discover the source codes of the Software, sell, sub-license,
or transfer to the third parties any right on the Software.
- IMImobile'S DISCLAIMER OF WARRANTIES
The User declares expressly that:
a) a)The utilization of the Service is at his\her sole discretion. The Content is
provided “AS IS" and “AS AVAILABLE". Therefore IMImobile cannot be held responsible
in relation to the final result and availability of the Content. IMImobile expressly
disclaims all warranties of any kind.
b) IMImobile does not warrant that: (i) the Content will satisfy the User's needs,
(ii) the Service and the Content will be provided without interruptions, or without
errors, (iii) the quality of Content purchased through the Service will satisfy
the User's expectations, and (iv) any of the Content downloaded from the Product
will be free of viruses or contamination or destructive features.
c) Any file downloaded or obtained through the Service is obtained at the sole discretion
of the User, and the User is the sole responsible for any harm produced, directly
or indirectly, by the Content on the computer or the mobile phone.
d) No advise, suggestion, help, written or verbally, provided by IMImobile to the
User, shall imply any warranty from IMImobile.
- LIMITATIONS OF LIABILITY
IMImobile Services are provided without any implicit or explicit warranty. IMImobile
cannot be held responsible of any harm coming from the inability to access or use
the Service, or the loss of the files downloaded by the Users. It is responsibility
of the Users to keep a copy of the Content downloaded from IMImobile’s product.
IMImobile declines any responsibility for any harm coming from the inability to
access the Service, viruses, damaged files, errors, interruption of the Service,
network problems, nonauthorized access, modification of data, merchantability and
fitness for a particular purpose. IMImobile reserves the right to modify the Service
at any time, even without notice.
- COMMUNICATION
All communications between the Parties shall happen in written form both via Electronic
email or Postal services.
- COPYRIGHT AND INTELLECTUAL PROPERTY
IMImobile cares and protects intellectual property rights and requests its Users
to do the same. If you believe that one of you works has been copied in a way that
infringes copyright laws, within the Service, please report it to IMImobile at:
www.davinciappshop.com, providing the following information, or it may be ignored:
1. Detailed description of the work protected by copyright law which you believe
being violated, also describing of the origin of the right itself;
2. Indicate where, in the platform, you have found the violation
3. your name, address, phone number, and email address
4. a declaration in which you state, in good faith, that the use of the Content
is not authorized by the copyright owner, or any of its licensees, or the law
5. a declaration stating that the information you provide are true and that you
are the legitimate copyright owner or you are person authorised to act on behalf
of the owner.
- APPLICABLE LAW AND FORUM
These TOS shall be governed by the laws of India. The User and IMImobile agree to
submit to the jurisdiction of the Court of Hyderabad, Andhra Pradesh, India.
- VIOLATIONS
22.1 IMImobile may disclose any information, they have about User (including User
identity) if we determine that such disclosure is necessary in connection with any
investigation or complaint regarding your use of the Product, or to identify, contact
or bring legal action against someone who may be causing injury to or interference
with (either intentionally or unintentionally) IMImobile’s rights or property, or
the rights or property of visitors to or Users of the Product, including IMImobile’s
customers. IMImobile reserves the right at all times to disclose any information
that IMImobile deems necessary to comply with any applicable law, regulation, legal
process or governmental request. IMImobile also may disclose your information when
IMImobile determines that applicable law requires or permits such disclosure, including
exchanging information with other companies and organizations for fraud protection
purposes.
22.2 User acknowledges and agrees that IMImobile may preserve any transmittal or
communication by you with IMImobile through the Product or any Service offered on
or through the IMImobile, and may also disclose such data if required to do so by
law or IMImobile determines that such preservation or disclosure is reasonably necessary
to (1) comply with legal process, (2) enforce these TOS, (3) respond to claims that
any such data violates the rights of others, or (4) protect the rights, property
or personal safety of IMImobile, its employees, users of or visitors to the product,
and the public.
22.3 User agrees that IMImobile may, in its sole discretion and without prior notice,
terminate your access to the Product and/or block your future access to the Product,
if IMImobile determine that you have violated these TOS or other agreements or guidelines
which may be associated with your use of the Product. You also agree that any violation
by you of these TOS will constitute an unlawful and unfair business practice, and
will cause irreparable harm to IMImobile, for which monetary damages would be inadequate,
and you consent to IMImobile obtaining any injunctive or equitable relief that IMImobile
deems necessary or appropriate in such circumstances. These remedies are in addition
to any other remedies IMImobile may have at law or in equity.
22.4 User agree that IMImobile may, in its sole discretion and without prior notice,
terminate your access to the Product, for cause, which includes (but is not limited
to) (1) requests by law enforcement or other government agencies, (2) a request
by you (self-initiated account deletions), (3) discontinuance or material modification
of the Product or any Service offered on or through the Product, or (4) unexpected
technical issues or problems.
22.5 If IMImobile does take any legal action against you as a result of your violation
of these TOS, IMImobile will be entitled to recover from you, and you agree to pay,
all reasonable attorneys’ fees and costs of such action, in addition to any other
relief granted to IMImobile. You agree that IMImobile will not be liable to you
or to any third party for termination of your access to the Product as a result
of any violation of these TOS.
22.6 Please report any violations to these TOS to our Help and Support Group: davinciappshoplab@imimobile.com
- TOS ACCEPTANCE
User acknowledges to have read, understood and approved the TOS and in particular:
possibility of modification of TOS; possible transfer of personal data in other
Countries; indemnity clause, modifications and interruption of the Service or any
of the Content; IMImobile's disclaimer of warranties, limitation of liability; and
applicable law and competent Court.
- MISCELLANEOUS
f any provision of these TOS shall be held to be illegal, invalid or unenforceable,
in whole or in part, under any enactment or applicable law, such provision or part
thereof shall to that extent be deemed not to form a part of these TOS, and the
legality and enforceability of the remainder of these TOS shall not be affected.
These TOS constitute the entire agreement between the User and IMImobile with regard
to use of the Product Services and the Content and all other written or oral agreements
or understandings previously existing between the User and IMImobile with respect
to such use are hereby superseded and cancelled. IMImobile’s failure to insist on
or enforce strict performance of these TOS shall not be construed as a waiver by
IMImobile of any provision or any right it has to enforce these TOS, nor shall any
course of conduct between IMImobile and User or any other party be deemed to modify
any provision of these TOS. These TOS shall not be interpreted or construed to confer
any rights or remedies on any third parties.