TERMS AND CONDITIONS OF USE
THIS LEGAL AGREEMENT BETWEEN YOU AND SHAALE PVT. LTD., A PRIVATE COMPANY LIMITED BY SHARES HAVING ITS OFFICE AT #95, 41ST CROSS, 8TH BLOCK, JAYANAGAR, BANGALORE 560070, REPRESENTED BY ITS BOARD OF DIRECTORS, HEREINAFTER REFERRED TO AS ‘SHAALE’ GOVERNS YOUR USE OF THE WEBSITE, APPLICATION, SOFTWARE AND ANY CONTENT AND FEATURES ACCESSIBLE THEREFROM OR ANY PART THEREOF (THE “RESOURCE”).
SHAALE PERMITS YOU TO ACCESS THE RESOURCE FOR END USER USE ONLY UNDER THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
REQUIREMENTS FOR USE OF THE RESOURCE
Use of the Resource requires a compatible device, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video; access or cellular data fees may apply. Mobile applications may require iOS 8 or Android 4.1 or later. The latest version of required software is recommended and may be required for certain transactions or features. You agree that meeting these requirements, which may change from time to time, is your responsibility.
SCOPE OF THIS AGREEMENT
As a registered user of the Resource, you may establish an account ("Account"), as may be required. Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Shaale of any security breach of your Account. Shaale shall not be responsible for any losses arising out of the unauthorized use of your Account.
In order to purchase and download Products from the Resource, you must enter your Shaale Username (Email) and password to authenticate your account for transactions.
You agree to provide accurate and complete information when you register with, and as you use, the Resource ("Resource Registration Data"), and you agree to update your Resource Registration Data to keep it accurate and complete. You agree that Shaale may store and use the Resource Registration Data you provide for use in maintaining and billing your Account.
Shaale logs information about your use of the Resource. This information includes, but is not limited to, any part of the Resource you access. Shaale may also collect device information such as IP address, device type, operating system version and type, and unique device identifiers. Any information you provide to Shaale will also be stored in association with your Account. This information will be used by Shaale for purposes such as providing the Resource Service, personalizing our recommendations to you, reporting to licensors and paying royalties, customizing and improving Shaale products and Services including the Resource, providing relevant advertising, protecting against fraud and enforcing this Agreement.
If you buy a subscription to the Resource (a “Resource Subscription”), Shaale will automatically charge the payment method associated with your Resource ID or the payment method associated with your account on a one-time basis or recurring basis (until you turn off automatic renewal) depending on the product / service. You may turn off automatic renewal of your Resource Subscription at any time in the Account Settings menu on your device. If you turn off automatic renewal or cancel your subscription, you will continue to have access to the Resource for the remainder of your Resource Subscription term. When your Resource Subscription term ends, you will lose access to any feature of the Resource Service that requires a Resource Subscription, including but not limited to access to any part of the Resource accessible through the software stored on your device. Resource Subscription purchases are final. Your payment method will be charged no more than 24 hours prior to the expiration of the current Resource Subscription period.
YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL RESOURCE SUBSCRIPTION FEES AND FOR PROVIDING SHAALE WITH A VALID PAYMENT METHOD. If Shaale is unable to successfully charge your payment method for Resource Subscription fees due, Shaale reserves the right to cancel your Resource Subscription. If your Resource Subscription is cancelled, you will lose access to any feature of the Resource that requires a Resource Subscription.
If you want to designate a different payment method or if there is a change in your payment method status, you must change your information in the Account Settings menu on your device or computer; this may temporarily disrupt your access to the Resource while Shaale verifies your new payment information.
We may contact you via email or push notification regarding your Account or any Resource feature, for reasons including, without limitation, that your Resource Subscription will not automatically renew or will be cancelled.
Shaale and its licensors reserve the right to change, suspend, remove, discontinue or disable access to the Resource and part thereof, content, or other materials comprising a part of the Resource at any time without notice. In no event will Shaale be liable for making these changes. Shaale may also impose limits on the use of or access to certain features or portions of the Resource, in any case and without notice or liability.
USE OF CONTENT
You agree that the Resource includes security technology that limits your use of Resource and that, whether or not any part of the Resource is limited by security technology, you shall use the Resource or any part thereof in compliance with the applicable usage rules established by Shaale and its licensors, and that any other use of the Resource may constitute a copyright infringement. Any security technology is an inseparable part of the Resource. Shaale reserves the right to modify the Resource usage rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Resource usage rules for any reason, or to attempt or assist another person to do so. Resource usage rules may be controlled and monitored by Shaale for compliance purposes, and Shaale reserves the right to enforce the Resource usage rules without notice to you. You agree not to access the Resource by any means other than through software that is provided by Shaale for accessing the Resource, wherever applicable. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Resource. Violations of system or network security may result in civil or criminal liability.
RESOURCE USAGE RULES
- You shall be authorized to use the Resource only for personal, noncommercial use, except as otherwise authorized by Shaale.
- You shall be authorized to use the Resource on devices associated with your Account. An individual Resource Subscription allows you to stream Resource content to two devices at a time unless otherwise stated.
- You shall not be entitled to make copies of Resource or any part thereof, save as explicitly permitted by Shaale.
- The delivery of the Resource or any part thereof does not transfer to you any commercial or promotional use rights in the Resource or any part thereof.
Certain parts of the Resource, including the content and services available via the software required to access the same, may include materials from third parties. Shaale may provide links to third-party websites, products or services as a convenience to you. You agree that Shaale is not responsible for examining or evaluating the content or accuracy and Shaale does not warrant and will not have any liability or responsibility for any third-party materials, websites, products or services. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Shaale is not in any way responsible for any such use by you.
You agree that the Resource, including but not limited to graphics, user interface, audio, video, editorial content, and the scripts and software used to implement the Resource or any part thereof, contains proprietary information and material that is owned by Shaale and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Resource in compliance with this Agreement. No portion of the Resource may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Resource in any manner, and you shall not exploit the Resource in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
All copyrights in and to the Resource (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Shaale and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE RESOURCE OR ANY PART THEREOF, EXCEPT FOR USE OF THE RESOURCE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
The names, titles, building images, trademarks, service marks, and logos that appear in the Resource are registered and unregistered marks of Shaale (collectively, the "Shaale Trademarks"). You may not use the Shaale Trademarks without Shaale’ prior, written permission.
The trademarks of third parties may also appear in the Resource from time to time; you may not use these trademarks without the prior written permission of their respective owners. You acknowledge and agree that nothing in the Resource grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the third party Trademarks or may be construed to mean that Shaale has authority to grant any right or license on behalf of any third-party trademark owner.
The images, artworks, text, data, files, audio, and video clips, illustrations, designs, and documentation (in whole or in part, the "Content"), which are part of the Resource, as well as the collection, arrangement, and assembly of the same (the "Compilation"), are either proprietary to Shaale or used in accordance with applicable law or third-party consents.
You may not reproduce, distribute, display, transmit, modify, perform, adapt, generate derivative works of, or otherwise use the Content or the Compilation without the prior written permission of Shaale unless your use qualifies as Fair Use or another legislative exemption.
FAIR USE AND OTHER EXEMPTIONS
Shaale does not object to your reproduction, distribution, display, transmission, performance, and use of the Content and/or Compilation if done in accordance with Sections 52 and 52A of The Copyright Act, 1957, or other applicable limitations and exemptions set forth in The Copyright Act, 1957 and related laws.
Unless otherwise noted on a particular part of the Resource, no express permission is required from Shaale for use that falls within Fair Use or another legislative exemption, but two conditions apply: 1) No modifications may be made as to the integrity or attribution of the Content and Compilation; and 2) All copies of the Content and Compilation must bear accurate identifying information, including proprietary collection information, credit lines, copyright and trademark notices, and a citation to the respective part of the Resource.
If your proposed use of Shaale Trademarks or Content does not meet the conditions for Fair Use or another legislative exemption, you must request and obtain the express, written and prior permission of Shaale. Please be advised that Shaale is selective in granting such permission, and when we do grant permission we may impose a fee.
USE OF THIRD-PARTY TRADEMARKS AND IMAGES
If you wish to reproduce or otherwise use trademarks and/or copyrighted images that appear in the Resource but do not belong to Shaale, you should contact the third parties who are referenced as the rights holders. Shaale assumes no responsibility for ascertaining whether such rights are valid or for securing such rights on your behalf.
LINKS TO THE WEBSITE
Shaale appreciates the interest of others in linking to the Website. If you arrive at the Website from a third-party link, please note that a link to the Website does not imply a relationship with, or endorsement of, the third-party site or its content, purpose, policies or business practices.
If you are interested in providing a link from your website to this Website, please note the following rules:
1.1 You must use the name Shaale or the particular URL, as applicable, to identify the link.
1.2 You may not use the Shaale logo without the express permission of Shaale. These rights are reserved for entities who are professionally associated or affiliated with us.
1.3 We do not permit unauthorized framing of pages on the Website.
LINKS FROM THE WEBSITE
In using the Website, you may find that Shaale provides hyperlinks to one or more third-party websites (the "Linked Sites"). Shaale provides these links as a convenience for you and other users but is not responsible for the content of, or links to and from, the Linked Sites. In most instances, such links represent cooperative projects or endeavors established with Shaale’ business affiliates, allies, sponsors, licensees or other organizations or individuals who have a significant connection to our mission and programs. Although Shaale expects such links to be reputable, relevant, and reliable, we do not actively monitor or control the content or links of the Linked Sites, which may continuously change. We encourage you to read the terms and conditions and similar policies of the respective Linked Sites, should you choose to visit them. A link from the Website does not imply a relationship with, or endorsement of, the Linked Site(s) or its content, purpose, policies, or business practices.
USER-GENERATED CONTENT: SUBMISSIONS, COMMENTS, ENTRIES
Any communication or material you post, transmit, or distribute to the Website by electronic mail or otherwise, including any images, data or other content, questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by Shaale and its affiliates for any purpose, including but not limited to reproduction, disclosure (to law enforcement entities or others), transmission, publication, broadcast, and posting. Furthermore, Shaale is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products using such information.
Shaale may at times provide forums on the Website for the exchange of ideas and information by participants. By participating in or contributing to any such forum or other interactive feature of the Website, you agree in addition to be bound by any rules posted by Shaale in connection with the forum or other feature. By posting or distributing information, materials, or modifications to the Website, you expressly abandon any proprietary rights you may have therein, and you agree that such information, materials, or modifications may be freely used, copied, and distributed by others, without your permission, in any medium throughout the world. To the extent you wish to post or distribute information, materials, or modifications to the Website that you do not own, Shaale requires you to obtain any necessary permissions from the third-party owners before doing so. You acknowledge and agree that you will not upload, distribute, or otherwise post or link to any information, materials, or modifications to the Website that are libelous, defamatory, threatening, abusive, obscene, unlawful, or that encourage a criminal offense; contain any viruses or other code, file, or program that is designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; infringe the copyright or other proprietary rights of any third party; or contain any advertising, promotional, or solicitation material.You acknowledge that any submission you make to the Website (including without limitation comments, blog entries, forum messages, audio, video, or photographs) may be edited, removed, modified, altered or changed, including in a manner not agreeable to you. Shaale specifically reserves the right to delete, move, or edit submissions that, in its sole discretion, it deems offensive, abusive, defamatory, obscene, or off topic as well as submissions that Shaale believes may violate copyright laws or trademark laws or are otherwise unacceptable and/or likely to be in derogation of applicable law. Shaale cannot and does not review every submission to the Website and is not responsible for the content of such messages.
If you fail, or Shaale suspects that you have failed, to comply with any of the provisions of this Agreement, Shaale, at its sole discretion, without notice to you, and without waiving your liability for all amounts due under your Account, may: (i) terminate this Agreement and/or your Account; and/or (ii) terminate the license to the Resource; and/or (iii) preclude access to the Resource (or any part thereof).
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
SHAALE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE RESOURCE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME SHAALE MAY REMOVE/ SUSPEND THE APPLICATION FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE RESOURCE IS AT YOUR SOLE RISK. THE RESOURCE OR ANY PART THEREOF DELIVERED TO YOU ARE (EXCEPT AS EXPRESSLY STATED BY SHAALE) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL SHAALE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE RESOURCE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE RESOURCE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN THE RESOURCE OR ANY PART THEREOF, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE RESOURCE OR ANY PART THEREOF POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE TO YOU, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SHAALE'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
SHAALE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE RESOURCE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND SHAALE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
SHAALE DOES NOT REPRESENT OR GUARANTEE THAT THE RESOURCE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SHAALE DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM BEFORE, DURING AND AFTER USING THE RESOURCE, INCLUDING ANY CONTENT OR DATA USED IN CONNECTION WITH OR ACQUIRED FROM THE RESOURCE.
WAIVER AND INDEMNITY
BY USING THE RESOURCE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD SHAALE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE RESOURCE, OR ANY ACTION TAKEN BY SHAALE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM SHAALE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE RESOURCE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF SHAALE’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Shaale reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Resource. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Resource will be deemed acceptance thereof.
If you believe that the Resource or any part thereof infringes a copyright claimed by you, please contact Shaale at firstname.lastname@example.org or at the address given above. Shaale may, in its sole discretion, suspend and/or terminate Accounts of users that are found to be repeat infringers.
This Agreement constitutes the entire agreement between you and Shaale and governs your use of the Resource, superseding any prior agreements between you and Shaale. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Shaale' failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Shaale will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The Resource is operated by Shaale from its offices in Bangalore, Karnataka, India. You agree to comply with all local, state and national laws, statutes, ordinances, and regulations that apply to your use of the Resource. All transactions on the Resource are governed by Indian law. Your use of the Resource may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Shaale or relating in any way to your use of the Resource resides in the courts in Bangalore. Risk of loss and title for all electronically delivered transactions pass to the purchaser in Bangalore upon electronic transmission to the recipient. No Shaale employee or agent has the authority to vary this Agreement.
Shaale may notify you with respect to the Resource by sending you an email message, or a letter via postal mail to your Account mailing address, or by a posting on the software used to access the Resource. Notices shall become effective immediately.
Shaale reserves the right to take steps Shaale believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Shaale has the right, without liability to you, to disclose any Account information to law enforcement authorities, government officials, and/or a third party, as Shaale believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Shaale’ right to cooperate with any legal process relating to your use of the Resource or any part thereof, and/or a third-party claim that your use of the Resource is unlawful and/or infringes such third party's rights).
PROTECTION OF PRIVACY