You magix provides a collaborative platform to create content and use content on Internet (referred to hereafter as "Ghoomo SERVICE") on ghoomo.com and its subdomains (referred to hereafter as “Ghoomo WEBSITE”).

Ghoomo SERVICE and Ghoomo WEBSITE are fully owned products of ADPS Software Solution Pvt. Ltd. (referred to hereafter as "ADPS”)

Ghoomo SERVICE and usage of Website are subject to the following Terms of Use ("TOU").

By using Ghoomo SERVICE or Ghoomo WEBSITE in any way, you are agreeing to comply with the TOU. In addition, when using particular Ghoomo SERVICE, you agree to abide by any applicable posted guidelines for all Ghoomo SERVICEs, which may change from time to time. 

If you do not agree with any of Terms of Use guideline, you MUST immediately discontinue use of Ghoomo SERVICE and Ghoomo WEBSITE.

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise

alter these terms and conditions at any time.  Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at:

http://www.ghoomo.com/terms-condition.php

3. CONTENT POSTED ON Ghoomo WEBSITE

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from Ghoomo SERVICE or Website, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you  post, email or otherwise make available via Ghoomo SERVICE. You understand that ADPS does not control, and is not responsible for Content made available through  Service, and that by using Ghoomo SERVICE, you may be exposed to  Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

The Website and Content available through Ghoomo SERVICE may contain links to other websites, which are completely independent of Ghoomo. ADPS makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.

Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will ADPS be liable in any way for 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 made available via Ghoomo SERVICE or Ghoomo WEBSITE.

You acknowledge that ADPS does not pre-screen or approve Content, but that ADPS shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via Ghoomo SERVICE, for violating the letter or spirit of the TOU or for any other reason.

4. Third Party Content

The Ghoomo WEBSITE and Content available through Ghoomo SERVICE may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Ghoomo, including web sites, directories, servers, networks, systems, information

and databases, applications, software, programs, products or services, and the Internet as a whole. 

Your interactions with organizations and/or individuals found on or through

Ghoomo SERVICE are solely between you and such organizations and/or individuals.  You should use your best judgment and background checks before before trusting any information posted on the Ghoomo WEBSITE proceeding with any online or offline transaction with any of these third parties. 

You agree that ADPS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

5. CONDUCT

You agree not to post, email, or otherwise make available Content:

a) that is unlawful, in your country state or any other country state or city in the world where this content is used, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;

b) that is pornographic or depicts a human being engaged in actual sexual conduct or exhibition of the genitals or pubic area of any person;

c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation,

race, ethnicity, age, or disability;

d) that impersonates any person or entity, including, but not limited to, a ADPS employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content  that constitutes lawful non-deceptive parody of public figures.);

e) that includes personal or identifying information about another person without that person's explicit consent;

f) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";

g) that infringes any patent, trademark, trade secret, copyright or other

proprietary rights of any party, or Content that you do not have a right to

make available under any law or under contractual or fiduciary

relationships;

h) that constitutes or contains  "affiliate marketing," "link referral code,"

"junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited

commercial advertisement;

i) that constitutes or contains any form of advertising or solicitation if:

posted in areas of the Ghoomo sites which are not designated for such

purposes; or emailed to Ghoomo users who have not indicated in writing that

it is ok to contact them about other services, products or commercial interests.

j) that includes links to commercial services or web sites, except as allowed

in "services";

k) 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;

l) that disrupts the normal flow of dialogue with an excessive amount of

Content (flooding attack) to Ghoomo SERVICE, or that otherwise negatively

affects other users' ability to use Ghoomo SERVICE; or

m) that employs misleading email addresses, or forged headers or otherwise

manipulated identifiers in order to disguise the origin of Content

transmitted through Ghoomo SERVICE.

YOU AGREE TO NOT DO THE FOLLOWING  

a) collect personal data about other users for commercial or unlawful

purposes;

b) use automated means, including spiders, robots, crawlers, data mining

tools, or the like to download data from Ghoomo SERVICE - unless expressly

permitted by ADPS;

c) post non-local or otherwise irrelevant Content, repeatedly post the

same or similar Content or otherwise impose an unreasonable or

disproportionately large load on our infrastructure;

d) post the same item or service in more than one classified category or

forum, or in more than one metropolitan area;

e) attempt to gain unauthorized access to Ghoomo's computer systems or

engage in any activity that disrupts, diminishes the quality of, interferes

with the performance of, or impairs the functionality of, Ghoomo SERVICE or the Ghoomo WEBSITE; or

f) use any form of automated device or computer program that enables the

submission forms on of postings on Ghoomo without each posting being manually entered by the author thereof (an "automated posting device").

6. ACCESS TO Ghoomo SERVICE

ADPS grants you a limited, revocable, nonexclusive license to access

Ghoomo SERVICE for your own personal use. This license does not include:

any collection, aggregation, copying, duplication, display or derivative use of Ghoomo SERVICE nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by ADPS other than limited use by “Public Search Engines” and non-commercial public archives services that use comply with our robots.txt file.

"Public Search Engines" does not include any website which service that specializes in classified listings or yellow-page listing or listing of any business and transactions for in any subset of classifieds listings including but not limited to business listing as an area of their business or subset of their business.

ADPS permits you display upto maximum of 100 words from our any page on your website provide such content display includes a backlink to the original content page on Ghoomo WEBSITE. Or use it for news reporting purposes only (e.g., for use in personal web blogs or personal online media).  You may also

create a hyperlink to the home page of Ghoomo sites so long as the

link does not portray Ghoomo, its employees, or its affiliates in a

false, misleading, derogatory, or otherwise offensive matter.

In order to collect, aggregate, copy, duplicate, display or make derivative use of the Ghoomo SERVICE or any Content made available via Ghoomo SERVICE for other purposes (including commercial purposes) not stated herein, you must first obtain a license from ADPS.

7. TERMINATION OF SERVICE

You agree that ADPS, in its sole discretion, has the right to remove any content from Ghoomo SERVICE or Website.

8. INTELLECTUAL PROPRIETARY RIGHTS

Ghoomo SERVICE is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through Ghoomo SERVICE is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.

Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express

written consent of ADPS.

You further agree not to reproduce, duplicate or copy Content from Ghoomo SERVICE without the express written consent of ADPS, and agree to abide by any and all copyright notices displayed on Ghoomo SERVICE. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of Ghoomo SERVICE.

By posting Content to any public area of Ghoomo SERVICE, you automatically grant, and you represent and warrant that you have the right to grant, to

ADPS an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of Ghoomo SERVICE, you automatically grant ADPS all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or

exploitation of the Content on Ghoomo SERVICE by any party for any purpose.

9. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE Ghoomo SITE AND Ghoomo SERVICE IS ENTIRELY AT

YOUR OWN RISK. THE Ghoomo SITE AND Ghoomo SERVICE ARE PROVIDED ON AN "AS

IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.  ALL

EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND

NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE

FULLEST EXTENT PERMITTED BY LAW.  TO THE FULLEST EXTENT PERMITTED BY LAW,

ADPS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,

TIMELINESS, ACCURACY, AND PERFORMANCE OF THE Ghoomo SITE AND THE

SERVICE.  TO THE FULLEST EXTENT PERMITTED BY LAW, ADPS DISCLAIMS ANY

WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE

Ghoomo SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON

THE Ghoomo SITE.  TO THE FULLEST EXTENT PERMITTED BY LAW, ADPS

DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN

CONNECTION WITH THE Ghoomo SITE OR Ghoomo SERVICE. 

10. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL ADPS BE LIABLE FOR DIRECT, INDIRECT,

INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ADPS

HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY

ASPECT OF YOUR USE OF THE Ghoomo SITE OR Ghoomo SERVICE, WHETHER THE

DAMAGES ARISE FROM USE OR MISUSE OF THE Ghoomo SITE OR Ghoomo SERVICE, FROM INABILITY TO USE THE Ghoomo SITE OR Ghoomo SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Ghoomo SITE OR Ghoomo SERVICE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Ghoomo SITE OR Ghoomo SERVICE OR ANY LINKS ON THE Ghoomo SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Ghoomo SITE OR Ghoomo SERVICE OR ANY LINKS ON THE Ghoomo SITE.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

11. INDEMNITY

You agree to indemnify and hold ADPS, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand,

including reasonable attorney fees and court costs, made by any third party

due to or arising out of Content you submit, post or make available through

Ghoomo SERVICE, your use of Ghoomo SERVICE, your violation of the TOU, yourbreach of any of the representations and warranties herein, or your violation of any rights of another.

12. GENERAL INFORMATION

Ghoomo SERVICE and Ghoomo WEBSITE are fully owned products of ADPS Software Solution Pvt. Ltd. (ADPS) The TOU constitute the entire agreement between you and ADPS and govern your use of Ghoomo SERVICE, superseding any prior agreements between you and ADPS. The TOU and the relationship between you and ADPS shall be governed by the laws of the Country India, State Karnataka, City Bangalore without regard to its conflict of law provisions. You and ADPS agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Bangalore, State of Karnatka and Country India.

The failure of ADPS to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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 TOU remain in full force and effect.

13. FEEDBACK

You can email any feedback to support@ghoomo.com