SpotM TERMS OF SERVICE

1. ACCEPTANCE OF TERMS

   Welcome to SpotM. SpotM ("SpotM", "we" or "us" as the case may be) provides the Service (defined below) to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at http://info.yahoo.com/legal/in/yahoo/spotm/tos. The TOS also includes the following:

   • SpotM Privacy Policy, the most recent version of which can be found at http://info.yahoo.com/privacy/in/yahoo/spotm
   • SpotM Content Submit Additional Terms of Service, the most recent version of which can be found at http://info.yahoo.com/legal/in/yahoo/spotm/atos/ugc
   • SpotM Express Disclaimer of User Generated Content, the most recent version of which can be found at http://info.yahoo.com/legal/in/yahoo/spotm/disclaimer/ugc and
   • SpotM Website Disclaimer, the most recent version of which can be found at http://info.yahoo.com/legal/in/yahoo/spotm/disclaimer/details

   In addition, when using particular SpotM services or third party services, you and SpotM shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules, which maybe subject to change, are hereby incorporated by reference into the TOS. In most cases the guides and rules are specific to a particular part of the Service and will assist you in applying the TOS to that part, but to the extent of any inconsistency between the TOS and any guide or rule, the TOS will prevail. We may also offer other services from time to time that could be governed by different terms of services, in which case this TOS will not apply to such other services if and to the extent expressly excluded by such different terms of services.

   By visiting this Website http://spotm.in, you signify your acceptance of the TOS, i.e. this SpotM TOS or the TOS governing your use of SpotM. If at any point of time you do agree to the TOS you are requested to exit the Website otherwise your continued use will amount to your continued acceptance of the TOS.

   Because you can only register on SpotM if you have a Yahoo! id as clarified in Section 3 below, you would have agreed in the first instance to the terms of service of the Yahoo! domain in which you registered yourself on Yahoo! To be clear, your use of all other Yahoo! services except SpotM will be governed by the terms of service that you have accepted while registering on Yahoo! or when switching Yahoo! domains or the specific terms of service applicable to particular Yahoo! product or service. This TOS is applicable only to your use of SpotM services and not to the use of other Yahoo! services.

2. DESCRIPTION OF SERVICE

   SpotM is a social networking service offered by Yahoo India Private Limited which would provide to its users access to a rich collection of on-line resources, including, various communications tools, online forums, personalized content and branded programming through Yahoo! network of properties (the "Service"). The Service (or parts of it), at SpotM’s discretion, may be accessed or made available through or via various mediums or devices now known or hereafter developed, including but not limited to the World Wide Web, mobile telephone or communications services (such as SMS (Short Message Service)), and/or other Internet or telecommunications services or protocols (such as WAP (Wireless Application Protocol)) (collectively, the "Channels"). You also understand and agree that that the Service may include certain communications from SpotM such as service announcements, administrative messages and the SpotM Newsletter, and that these communications are considered as part of the SpotM membership and you will not be able to opt out of receiving them. TOS will apply to all the subscribers and users of SpotM; including who are contributors of audio or video content, contributors of photo and short message content and promoters of different product and services.

   Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new SpotM features, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that SpotM assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

   In order to use the Service, you must obtain access to the Channels, either directly or through devices that access web-based content, and pay any service fees associated with such access to the Service in accordance with the applicable payment terms. Such fees and payment terms may be changed from time to time, and such changes will be notified to you, whether by email or by notices or links to notices on the Service or by other appropriate means. You acknowledge that certain parts of the Service are available only via certain Channels. You also acknowledge that we are not responsible or liable in any way for your access to the Service or your use of any Channels.

   In addition, you must provide all equipment necessary to use the relevant Channel, including a computer and modem, mobile telephone or other appropriate access device, and you must pay any fees applicable to the use of such Channel. You acknowledge that you are solely responsible for the set-up, configuration or compatibility of the hardware, software and other equipment used by you for obtaining access to the Service by any Channel whatsoever. If any alteration in the whole or any part of Service requires changes in your hardware, software or other equipment, you must effect these changes at your own expense. We will inform you of any such alterations in the Service in advance, whether by email or by notices or links to notices on the Service or by other appropriate means.

   Unless expressly stated otherwise, no information presented in the Service or in connection with any products and services forming part of the Service shall be deemed as a binding offer by us or the relevant third party, but may constitute an invitation for you to place an order. In respect of contracts for our or any third party's products and services which are made available as part of the Service, these shall be deemed concluded when we or the relevant third party have accepted your order for the same or have provided you with the product or service pursuant to your order.

   Content that is considered obscene under Indian law is strictly forbidden on SpotM, and users are prohibited from posting or uploading any material of an obscene nature on SpotM. Although SpotM exercises due diligence to ensure that any obscene content posted by users in violation of the TOS is promptly removed, users may sometimes come across user-posted obscene content that we have not yet discovered. Users shall make best endeavors to make SpotM aware of such obscene/objectionable content that they come across while using the Service.

3. REGISTRATION INSTRUCTIONS FOR YOU

   For using the Services, a user must have a valid Yahoo! id and must additionally register on SpotM (Registered User). Only Registered Users will be allowed to post any content on SpotM or avail of any of the interactive features on SpotM. Each Registered User will also be required to create a Profile of him/her and in creating your Profile you undertake to furnish accurate and correct information about yourself and further undertake not to suppress any material information required for creating your Profile. Please carefully follow your Registration Obligations outlined below in this regard.

4. YOUR REGISTRATION OBLIGATIONS

   In consideration of your use of the Service, you agree to:

   1. provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and

   2. maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SpotM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SpotM has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) without any liability to you. We are concerned about the safety and privacy of all our users, particularly children. However, please remember that the Service is designed to appeal to a broad audience. Accordingly, if you are a parent or legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 7 below) are appropriate for your child. Similarly, if you are a child, please consult with your parent or legal guardian as to whether any of the Services and/or Content is appropriate for you and if you are using any or all of the Services by registering yourself in accordance with Section 3 above you must do so only with your parent’s consent. SpotM shall have the right to verify if a child user has duly obtained parent’s consent or not and may at its discretion suspend or terminate the account of such child user.

      Notwithstanding the foregoing, we may provide you, at our sole discretion, with access to some parts of the Service without you registering as a user. In that case, your identification is based on other means of identification that we deem appropriate. In appropriate cases, identification may be based on data identifying your mobile telephone or communications subscription number provided by your network operator. You agree that such information may be collected and disclosed to us and used in accordance with the TOS.

5. SpotM PRIVACY POLICY

   Registration Data and certain other information about you is subject to our Privacy Policy which is incorporated by reference into and made a part of this TOS. By giving or making available the Registration Data and such other information about yourself to us, You agree and acknowledge that we may use or release such information to third parties as specified in the Privacy Policy, and that you give consent to such use or disclosure. For more information, please see our full privacy policy at http://info.yahoo.com/privacy/in/yahoo/spotm.You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by SpotM and its affiliates.

6. MEMBER ACCOUNT, PASSWORD AND SECURITY

   If you do not have an existing Yahoo! id, you will be redirected to the Yahoo! registration process through which you will receive a password and account designation upon completing the Yahoo! registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify SpotM, in addition to notifying Yahoo! as per the applicable Yahoo! terms of service, of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session unless allowed to stay logged-in by SpotM or Yahoo!. SpotM cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.

7. MEMBER CONDUCT

   You understand and acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not SpotM, are entirely responsible for all Content that you upload, post, e-mail, exchange in SpotM conversations or otherwise transmit via the Service. SpotM does not control the Content posted via the Service and, as such, cannot and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we or our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, affiliates, officers, agents or employees, as the case may be, be liable in any way for any Content, including, but not limited to, any exposure to offensive, indecent or objectionable Content, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

   You agree to not use the Service to:

   1. upload, post, email, exchange conversations or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or contrary to public interest, public order or national harmony in all relevant jurisdictions;
   2. harm minors in any way;
   3. impersonate, or falsely state or otherwise misrepresent your affiliation with, any person or entity, including, but not limited to, a SpotM or Yahoo! official, forum leader, guide or host;
   4. forge headers or otherwise manipulate identifying information in order to disguise and/or with the effect of disguising the origin of any Content transmitted through the Service;
   5. upload, post, email, exchange through conversations or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
   6. upload, post, email, exchange through conversations or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
   7. upload, post, email, exchange through conversations or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as, but not limited to, shopping rooms) that are designated for such purpose;
   8. upload, post, email, exchange through conversations or otherwise make available or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
   9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges or to utilize the service on an AS IS basis as provided by us;
   10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
   11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Indian securities, exchange control and other regulatory authorities , any rules of any Indian securities exchange and any regulations having the force of law;
   12. "stalk" or otherwise harass another;
   13. commit any fraudulent or unlawful act, whether in relation to any third party provider of products and services on the Service or otherwise
   14. collect or store personal data about any other users in connection with the prohibited conduct and activities set forth in paragraphs a. through m above.
   15. promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
   16. include a photograph of another person that you have posted without that person's consent. You can upload your pictures, features and may be videos on SpotM. The images uploaded should not be violation of acceptable community standards and the code of conduct and terms of use, as stipulated by Yahoo India Private Limited and should not contain any content, data or information, which is racially abusive, pornographic and any other content in violation of the community standards and the code of conduct and terms of use. Such images would be permanently removed without any prior notification. If any picture or feature that has been uploaded by you is in violation of the Copyright Act, you shall alone be liable for the same and SpotM will have no liability towards any such violation. In addition, SpotM would be obliged to disclose all personally identifiable information about such infringing user, to such processes and procedures of law that are prevailing for the time being in force in India.For reporting an abuse of any image uploaded in violation of the terms of use, community standards and code of conduct, as stipulated by Yahoo India Private Limited, please click report abuse and SpotM will accordingly act upon the same.; or
   17. indulge in criminal tortious activity, including child pornography, fraud, trafficking in obscene material, enticing of minors, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
   18. further or promote any criminal activity or enterprise or provide instructional information about illegal activities such as (including but not limited to) making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
   19. cover or obscure the banner advertisements on your personal profile page, or any SpotM page via HTML/CSS or any other means;

   You acknowledge that SpotM cannot and does not pre-screen Content, but that SpotM and its designees shall have the right (but not the obligation) in our sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, SpotM and its designees shall have the right to remove any Content that we believe in good faith violates the TOS or that has been alleged to infringe any intellectual property or that is otherwise objectionable in our sole opinion, without being liable to you in any way for any loss or damage arising from such removal. You agree that you will evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by SpotM or submitted to SpotM , including without limitation information in SpotM Message Boards, SpotM Groups, and in all other parts of the Service.

   You acknowledge and agree that SpotM may preserve Content and may also disclose Content if required doing so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

   1. comply with legal process;
   2. enforce the TOS;
   3. respond to claims that any Content violates the rights of third-parties;
   4. respond to your requests for customer service; or
   5. protect the rights, property, or personal safety of SpotM, its users and the public.

   You understand that the technical processing and transmission of the Service, including your Content, may involve

   1. transmissions over various networks; and
   2. changes to conform and adapt to technical requirements of connecting networks or devices

   Where any part of the Service involves or is provided by us in conjunction with a third party, you agree to comply with any notices, instructions or directives given by such third party in relation to such part of the Service, including your access to or use thereof.

   This site is not meant to encourage and/or promote illicit sexual relations and/or extra marital affairs or to carry out any other unlawful and illegal activity. If SpotM discovers or becomes aware that any member is using this Website to promote or engage or indulge in illicit sexual relations or extra marital affairs or carry out any other unlawful or illegal activity his/her membership or account will be terminated forthwith and without any liability to SpotM. SpotM.'s discretion to terminate the membership or account shall be final and binding.

8. MINORS

   If you are not 18 years of age and still want to become a Registered User we will not disallow you from registering but we will proceed on the assumption that you have consulted your parents and obtained parental consent as per Section 4 (b) above and by registering yourself on SpotM you represent to us that you have parental permission to use the Service. Your use of this Site represents and warrants that you will abide by all of the terms and conditions of this Agreement notwithstanding that as a minor you do not have the capacity to enter into a contract.

9. MEMBER DISPUTES

   You are solely responsible for your interactions with other SpotM users. SpotM. reserves the right, but has no obligation, to monitor disputes between you and other users.

10. SpotM USE

    Upon your successful registration on SpotM, you shall be granted access and permission to use the Service provided, subject also to the other terms of the TOS, that:

    1. You use SpotM for your own personal non commercial access and use.
    2. You will not copy, distribute, or exploit any part of the SpotM Website in any way without SpotM’s prior written permission and authorization.
    3. You will not cause to alter, modify or amend any part of the Website.
    4. You will comply with TOS other policies and guidelines brought into force from time to time

11. INTERSTATE NATURE OF COMMUNICATIONS ON SpotM NETWORK

    When you register with SpotM, you acknowledge that in using SpotM services to send electronic communications (including but not limited to email, search queries, sending messages to friends or groups on SpotM, uploading photos and files on SpotM or and other Internet activities), you will be causing communications to be sent through SpotM’s computer networks, portions of which may be located abroad. As a result, and also as a result of SpotM 's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the Service results in interstate data transmissions.

    SpotM Conversations will allow you and the people with whom you communicate to save your conversations in your SpotM accounts located on SpotM servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account on SpotM too. Your agreement to this TOS constitutes your consent to allow SpotM to store these communications on its servers. From time to time SpotM may send you notices to let you know about important changes to the SpotM Services. Such messages may not be received if you violate this TOS by accessing the Service in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.

12. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

    Recognizing the global nature of the Internet, you agree to comply with all applicable laws, statutes, regulations, rules and codes regarding online conduct and acceptable Content and use of relevant Channels.

13. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

    SpotM does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant SpotM the following worldwide, royalty-free and non-exclusive license(s), as applicable:

    With respect to Content you submit or make available for inclusion on the publicly accessible areas on SpotM, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting SpotM. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or SpotM removes such Content from the Service.

    With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of SpotM, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or SpotM removes such Content from the Service.

    With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of SpotM, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

14. CONTRIBUTIONS TO SpotM

    By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to SpotM through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) SpotM is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) SpotM shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) SpotM may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of SpotM without any obligation of SpotM to you; and (f) you are not entitled to any compensation or reimbursement of any kind from SpotM under any circumstances.

15. INDEMNITY

    You agree to indemnify and hold SpotM, and our licensors, suppliers, vendors, parent, subsidiaries and related companies, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post to or transmit or make available through the Service, your use of the Service, your connection to the Service, your use of any Channels, your violation of the TOS, or your violation of any rights of any other person, or your breach of any applicable law.

16. NO RESALE OF SERVICE

    You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service

17. GENERAL PRACTICES REGARDING USE AND STORAGE

    You acknowledge that SpotM may, in its sole discretion, establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages or any other messages that may be sent from or received by an account on the Service or transmitted through the Service, the maximum size of any email message or other messages that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on SpotM servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. In particular, but without limiting the foregoing, by using the Service, you consent to our adoption of the practices, set forth in http://info.yahoo.com/privacy/in/yahoo/spotm in relation to your use of the Service. You agree that SpotM has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that SpotM reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that SpotM reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. You further acknowledge that we reserve the right to modify these general practices and limits at any time, in our sole discretion, with or without notice, and you agree that your continued use of the Service after such modification will constitute your acceptance of and agreement to be bound by the modified general practices and limits.

18. MODIFICATIONS TO SERVICE

    SpotM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, for any reason whatsoever, whether generally or limited to you only you agree that SpotM shall not be liable in any way to you or to any third party for any modification, suspension or discontinuance of the Service.

19. TERMINATION

    You agree that SpotM, in its sole discretion, may invalidate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if SpotM, in its sole opinion, believes that you have violated or acted inconsistently with the letter or spirit of the TOS or that you are a repeat infringer of intellectual property rights. SpotM may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice, whether for selected or all Channels. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that SpotM may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that SpotM shall not be liable to you or any third-party for any termination of your access to the Service.

20. DEALINGS WITH THIRD PARTIES

    The Service may also include access to products and services of independent third parties either directly or via links to sites operated by such third parties. Where these products and services of third parties form part of the Service, we will endeavour, but are not obliged to, indicate that these products and services are provided by third parties. In all cases, your correspondence or business dealings with, or participation in promotions of, other parties found on or through the Service (including without limitation providers of products and services, advertisers and other users of the Service), including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party, even where it is in relation to any products or services that are co-branded with us which may include our trademarks. You agree that we shall not be responsible or liable in any way for any loss or damage of any sort incurred as the result of any such dealings with any third parties, as the result of the presence of such third parties on the Service, or as the result of the use of the Service in any way by such third parties.

21. LINKS

    The Service may provide, or third parties may provide, links to other World Wide Web or other online electronic sites or resources. You acknowledge that SpotM has no control over such sites and resources, you acknowledge and agree that SpotM is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SpotM shall not be responsible or liable, in any manner whatsoever, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

22. ASSIGNMENT

    This TOS and any licenses or rights granted hereunder may not be transferred or assigned by you, but may be assigned by SpotM without restriction.

23. SpotM 'S PROPRIETARY RIGHTS

    You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you agree not to modify, adapt, rent, lease, loan, sell, distribute or create derivative works based on the Service, the Software or the Content (excluding Content owned by you), in whole or in part.

    SpotM grants you a personal, non-transferable and non-exclusive right and license to use the object code of our Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by SpotM for use in accessing the Service.

24. DISCLAIMER OF WARRANTIES

    You expressly understand and agree that:

    1. Your accessing or use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. We and our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
    2. SpotM and its licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees make no warranty that
       1. The Service will meet your requirements,
       2. The Service will be uninterrupted, timely, secure, or error-free,
       3. The Service will be accessible at any time or at all times via the channel selected or used by you,
       4. The information, content or advertisements (collectively, the "materials") contained on, distributed through, or linked, downloaded or accessed from or through the Service, or the results that may be obtained from the use of the Service, will be accurate or reliable,
       5. The quality of any products, services, information, or other items displayed, purchased or obtained by you through or in connection with the Service ("the products") will meet your expectations
       6. Any errors in the software will be corrected.
    3. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system, mobile telephone or other access device or loss of data that results from the download of any such material.
    4. Any reliance upon or use of any materials shall be at your own discretion and risk. We reserve the right, in our sole discretion and without any obligation, to make any improvements to or correct any error or omissions in any part of the service or materials. The materials are provided or made available by us on an “as is” basis and we expressly disclaim any and all warranties of merchantability and fitness for a particular purpose, with respect to any of the materials or the products.
    5. No advice or information, whether oral or written, obtained by you from SpotM or its licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees or through or from the Service shall create any warranty not expressly stated in the TOS.

25. LIMITATION OF LIABILITY

    You expressly understand and agree that we and our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we or our licensors, suppliers, vendors, parent, holding, subsidiary or related company, affiliate, officer, agent or employee, as the case may be, have been advised of the possibility of such damages), resulting from:

    1. The Service, the materials and the products;
    2. The use or the inability to use the Service;
    3. The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
    4. Unauthorized access to or alteration of your transmissions or data;
    5. Statements or conduct of any third party on the Service;
    6. Any goods or services disposed of or messages sent or received using the Service; or
    7. Any other matter relating to the Service, the materials or the products.

26. EXCLUSIONS AND LIMITATIONS

    You acknowledge that the disclaimers and exclusions of liability set forth in sections 21 and 23 represent a fair and reasonable allocation of the risks and benefits of the agreement between you and us, taking all relevant factors into consideration, including without limitation the value of the consideration provided by you to us and the availability and costs of insurance with respect to the said risks. You further agree that these disclaimers and limitations shall be enforceable to the fullest extent permitted by applicable law.

27. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

    If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 24 and 25 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. SpotM and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.

28. NO THIRD-PARTY BENEFICIARIES

    You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

29. NOTICE

    Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. You agree that such notices by email or regular mail, and such display of notices or links to notices to you generally on the, will constitute sufficient and adequate notice to you of the matters contained therein.

30. TRADEMARK INFORMATION

    SpotM, SpotM logo, trademarks and service marks and other SpotM logos and product and service names are trademarks of SpotM (the " SpotM marks"). You agree not to display or use in any manner the SpotM marks without SpotM prior permission,

31. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

    SpotM respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SpotM Copyright Agent the following information:

    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
    • A description of the copyrighted work that you claim has been infringed;
    • A description of where the material that you claim is infringing is located on the site;
    • Your address, telephone number, and email address;
    • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
    • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

    SpotM 's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

    By mail:
    Copyright Agent
    Yahoo India Pvt Ltd.
    801, Nicholas Piramal Towers
    Peninsula Corporate Park
    Lower Parel
    Mumbai – 400 013
    India
    

    By fax: +91.22.66622244

32. RIGHTS OF THIRD PARTIES

    You acknowledge that our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, all affiliates, and our officers, agents and employees, are, where applicable, intended to be third party beneficiaries of Sections 7, 13, 21, 23 and 24. You also acknowledge that our co-branders and other partners are intended to be third party beneficiaries of Section 9. You agree that our licensors, suppliers, vendors, our parent, holding, subsidiary and related companies, all affiliates, our officers, agents and employees, and our co-branders and other partners may each enforce, severally and in its own right, the provisions of Sections 6, 9, 17, 18 and 19 as applicable, to the extent and in the manner set out or envisaged in the foregoing but to no further extent and in no other manner.

33. GENERAL INFORMATION

    Entire Agreement. The TOS constitute the entire agreement between you and SpotM and govern your use of the Service, superseding any prior understandings and agreements between you and us and any previous statements or representations from either party to the other party. The TOS do not apply to any affiliate services, third-party content or third-party software that does not or cannot reasonably be deemed to form part of the Service which may be provided to you by our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, other affiliates or other third parties, which may be subject to additional terms and conditions imposed by that party. 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.

    Governing Law and Jurisdiction. The TOS and the relationship between you and SpotM shall be governed by the laws of the Republic of India without regard to its conflict of law provisions. You and SpotM agree to submit to the exclusive jurisdiction of the courts located at Mumbai, India.

    Waiver and Severability of Terms. The failure of SpotM to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

    No Right of Survivorship and Non-Transferability. You agree that your SpotM account is non-transferable and any rights to your account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

    Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    The section titles in the TOS are for convenience only and have no legal or contractual effect.

34. VIOLATIONS

    Please report any violations of the TOS to our Customer Care group.