These Terms of Service apply to all users of the ipomo Room service (accessed either through app or website). Information provided by our users through the ipomo Room service may contain links to third party websites that are not owned or controlled by ipomo Communications India Pvt Ltd. ipomo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, ipomo will not and cannot censor or edit the content of any third-party site. By using the service, you expressly acknowledge and agree that ipomo shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
B. In order to access and use the features of the ipomo Room service (either through app or website), you acknowledge and agree that you will have to provide ipomo with your mobile phone number. You expressly acknowledge and agree that in order to provide the service, ipomo may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the service. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to ipomo to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service. We do not collect names, addresses or email addresses, just mobile phone numbers. You are solely responsible for the messages that you submit and that are displayed for your mobile phone number on the ipomo Service. You must notify ipomo immediately of any breach of security or unauthorized use of your mobile phone. Although ipomo will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ipomo or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, any third party tools, that accesses the service in a manner that sends more request messages to the ipomo servers in a given period of time than a human can reasonably produce in the same period by using a ipomo application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, Ipomo grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials.ipomoreserves the right to revoke these exceptions either generally or in specific cases. While we dont disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by ipomo clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.
Intellectual Property Rights
The design of the ipomo Room service along with ipomo created text, scripts, graphics, interactive features and trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to ipomo, subject to copyright and other intellectual property rights under Indian and foreign laws and international conventions. The service is provided to you AS IS for your information and personal use only. Ipomo reserves all rights not expressly granted in and to the service. You agree to not engage in the use, copying, or distribution of any of the service other than expressly permitted herein, including any use, copying, or distribution of Status Submissions of third parties obtained through the Service for any commercial purposes.
YOU AGREE THAT YOUR USE OF THE IPOMO ROOM SERVICE (EITHER THROUGH APP OR WEBSITE) SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IPOMO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND FRANCHISEE / AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. IPOMO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICES CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE IPOMOROOM SERVICE . IPOMO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE IPOMO SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND IPOMO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.
Limitation of Liability
YOU SPECIFICALLY ACKNOWLEDGE THAT IPOMO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by ipomo from its facilities in Bangalore, India. ipomo makes no representations that the ipomo Room service is appropriate or available for use in other locations. Those who access or use the ipomo Room service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless ipomo, officers, directors, shareholders, employees franchise and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from: (i) your use of and access to the ipomo Room service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the ipomo Room service . We dont support or encourage illegal consumption of alcohol or tobacco.
Ability to Accept Terms of Service
You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 16 years old as the ipomo Room service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the ipomo Room service. You further represent and warrant that you are not located in a country that is subject to a Indian Government embargo, or that has been designated by the Indian Government as a terrorist-supporting country, and that you are not listed on any Indian Government list of prohibited or restricted parties. Ipomo is the developer of the ipomo Room service, with an address at #793, 1st st Floor, 36th A Cross, 18th Main, 4th T Block, Jayanagar, Bangalore – 560 041.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ipomo without restriction.
Governing Law and Jurisdiction
You agree that: (i) the ipomo Room service shall be deemed solely based in Bangalore, Karnataka; (ii) the ipomo Room service shall be deemed a passive server that does not give rise to personal jurisdiction over ipomo, either specific or general, in jurisdictions other than India; and (iii) that you agree to subject to the jurisdiction of Bangalore, Karnataka, India in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the State of Karnataka, without respect to its conflict of laws principles. Any claim or dispute between you and ipomo that arises in whole or in part from the ipomo Room service shall be decided exclusively by a court of competent jurisdiction located in Bangalore, Karnataka, India.
ipomo Communications India Pvt Ltd shall not be liable to you for any eventuality caused directly or indirectly by any act of God, wars (declared or undeclared), insurrections, acts of terrorism, acts of governments or boycotts, lockouts and other civil unrest, or any act of similar nature beyond ipomos reasonable control.
This Agreement commences on the date you accept the Terms of this Agreement. ipomo Communications India Pvt Ltd may terminate or suspend use of the Application or the Site at any time in its discretion, without notice to you. Upon any termination for any reason, ipomo shall have no liability to you and no further obligations under this Agreement.
Immediately upon termination, (a) the rights granted to you herein shall terminate; (b) You must cease all use of the Application and related services;
Additionally, your rights under this Agreement will terminate automatically if you fail to comply with any term(s) of this Agreement including misuse of the Application or the Site.
All sections that may be reasonably interpreted to or are intended to survive this Agreement will survive this Agreement.
You acknowledge and agree that the Application, the Site and all trademarks, service marks and trade names and other intellectual property rights associated therewith are, and shall remain, the property of ipomo Communications India Pvt Ltd and its licensors, as applicable. All content related to ipomo Communications India Pvt Ltd. corporate and business activities included on the site and embedded in the Application, including any text, graphics, logos, button icons, images, audio clips and software, is the exclusive property of ipomo Communications India Pvt Ltd or its licensors and is protected by applicable legislation concerning protection and preservation of intellectual property rights and applicable international treaties governing intellectual property. The compilation (meaning the collection, arrangement and assembly) of all content on the Site and Application is also the exclusive property of ipomo Communications India Pvt Ltd and is protected by applicable laws as stated above. All software used on the Site and the Application is the property of ipomo Communications India Pvt Ltd or its software suppliers and protected by Indian and international copyright laws. Any use except as specifically permitted, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Site and the Application is strictly prohibited except as otherwise permitted by law. All ipomo graphics, logos and service names are trademarks of the ipomo Communications India Pvt Ltd or its affiliates. ipomo trademarks may not be used in connection with any product or service that is not ipomos, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits ipomo. ipomo trademarks may not be used in connection with any product or service except as authorized by ipomo in writing.