Your MobiProbe Account and Site.
If you register for the Service, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify VityMobi Systems LLP of any unauthorized uses of your account or any other breaches of security. VityMobi Systems LLP will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors.
If you create content on the Service, upload files to the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not libelous or defamatory , does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by VityMobi Systems LLP or otherwise.
By submitting Content to VityMobi Systems LLP, you grant VityMobi Systems LLP a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of delivering it to you by our API. If you delete Content, VityMobi Systems LLP will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, VityMobi Systems LLP has the right (though not the obligation) to, in VityMobi Systems LLP’s sole discretion (i) refuse or remove any content that, in VityMobi Systems LLP’s reasonable opinion, violates any VityMobi Systems LLP policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in VityMobi Systems LLP’s sole discretion. VityMobi Systems LLP will have no obligation to provide a refund of any amounts previously paid.
By signing up for a paid plan you agree to pay VityMobi Systems LLP the monthly hosting fees indicated at Plans and Pricing in exchange for the services listed at that website. Applicable fees will be invoiced starting from the day your paid plan is established and after each month of using such services. An upgrade from the free plan to any paid plan will immediately bill you. VityMobi Systems LLP reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Paid plan services can be canceled by you at anytime on the Service. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, if you plan to discontinue MobiProbe service refunds for months unused with an open account will be made on a pro rata basis. In order to treat everyone equally, no exceptions will be made.
Responsibility of Website Visitors.
VityMobi Systems LLP has not reviewed, and cannot review, all of the material, including computer software, posted to the Service, and cannot therefore be responsible for that material’s content, use or effects. By operating the Service, VityMobi Systems LLP does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. VityMobi Systems LLP disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which MobiProbe links, and that link to MobiProbe. VityMobi Systems LLP does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a non VityMobi Systems LLP website or webpage, VityMobi Systems LLP does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. VityMobi Systems LLP disclaims any responsibility for any harm resulting from your use of non VityMobi Systems LLP websites and webpages.
As VityMobi Systems LLP asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by MobiProbe violates your copyright, you are encouraged to notify VityMobi Systems LLP. VityMobi Systems LLP will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of VityMobi Systems LLP or others, VityMobi Systems LLP may, in its discretion, terminate or deny access to and use of the Service. In the case of such termination, VityMobi Systems LLP will have no obligation to provide a refund of any amounts previously paid to VityMobi Systems LLP.
This Agreement does not transfer from VityMobi Systems LLP to you any VityMobi Systems LLP or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with VityMobi Systems LLP. VityMobi Systems LLP, MobiProbe, the MobiProbe logo, and all other trademarks, service marks, graphics and logos used in connection with MobiProbe, or the Service are trademarks or registered trademarks of VityMobi Systems LLP or VityMobi Systems LLP’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any VityMobi Systems LLP or third-party trademarks.
VityMobi Systems LLP reserves the right, at its sole discretion, to modify or replace any part of this Agreement. VityMobi Systems LLP will notify all of its registered users by email on a change. VityMobi Systems LLP may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
VityMobi Systems LLP may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MobiProbe account (if you have one), you may simply discontinue using the Service. Notwithstanding the foregoing, if you have a paid plan account, such account can only be terminated by VityMobi Systems LLP if you materially breach this Agreement and fail to cure such breach within thirty (30) days from VityMobi Systems LLP’s notice to you thereof; provided that, VityMobi Systems LLP can terminate the Service immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
The Service is provided “as is”. VityMobi Systems LLP and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither VityMobi Systems LLP nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
Limitation of Liability.
In no event will VityMobi Systems LLP, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to VityMobi Systems LLP under this agreement during the twelve (12) month period prior to the cause of action. VityMobi Systems LLP shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You agree to indemnify and hold harmless VityMobi Systems LLP, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between VityMobi Systems LLP and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of VityMobi Systems LLP, or by the posting by VityMobi Systems LLP of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of India, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Chandigarh. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; VityMobi Systems LLP may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.