Terms of Service

Your Acceptance

This is an agreement between ipomo Communications India Pvt Ltd.., a Bangalore based company, the owner and operator of “ipomo room”, the ipomo software, (collectively, including all content provided by ipomo through ipomo room and the ipomo site, the “ipomo Service”, or the “Service”), and you (“you” or “You”), a user of the Service or Room. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND ipomo PRIVACY POLICY, WHICH CAN BE FOUND AT http://www.ipomo.in/legal/#Privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service.

ipomo Service

These Terms of Service apply to all users of the ipomo room service . Information provided by our users through the ipomoroom 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.

ipomo Access

A. Subject to your compliance with these Terms of Service, ipomo hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal / institutional use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without ipomo’s prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy.

B. In order to access and use the features of the ipomoroom service, 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 don’t 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 ipomoroom 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.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE IPOMOROOM SERVICE 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 SERVICE’S 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

IN NO EVENT SHALL ipomo, ITS OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISE OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM 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 SECURE 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 SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE IPOMO CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

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.

Indemnity

You agree to defend, indemnify and hold harmless ipomo , officers, directors, 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 attorney’s 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 don’t 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 ipomoroom service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the ipomoroom 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 ipomoroom service, with an address at #793, 1st Floor, 36th A Cross, 18th Main, 4th T Block, Jayanagar, Bangalore – 560 041.

Assignment

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.

General

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. These Terms of Service, together with the Privacy Policy at http://www.ipomo.in/legal/#Privacy and any other legal notices published by ipomo, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and ipomo concerning the ipomo room service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and ipomo’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. ipomo reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the ipomoroom service. Your continued use of the ipomo room service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND IPOMO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE IPOMO ROOM SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Application Stores

The Application can also be downloaded from third party application stores including Google Play. You agree to comply with all third party terms and conditions & privacy policy, if any, applicable to the use of the Application or related services. ipomo shall not be responsible for violation and infringement of any third party right, terms and conditions in connection with access, download or installation of the Application by You.

Force Majeure

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 ipomo’s reasonable control.

Termination

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.

Ownership

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 ipomo’s, 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.