OyePages - Beyond Social Networking

Terms of Service

Updated on July 14, 2012

Please read the following important Terms of Service Agreement (the Agreement) carefully, as the use of the various services (the Services) provided to you (the User) by OyePages Software Solution Private Limited (OyePages) through oyepages.com or its mobile application is subject to your acceptance of and compliance with these Terms of Service.

By using any of the Services, you explicitly become a user of OyePages and agree to be bound by this Agreement whether you are a registered user of oyepages.com or not.

By completing the registration process on oyepages.com, you represent that you are at least 15 years of age, and can and will be legally bound by this Agreement. If you are a minor, your parent or guardian must read and accept the terms of this Agreement before you register.

Modifications

OyePages reserves the right to modify or amend the Agreement at any time, for any reason, or for no reason at all, at sole discretion of OyePages. The modified or amended agreement will be effective from the time it is posted on oyepages.com. It is agreed upon by the User to be bound by those modifications and amendments.

Although OyePages may provide notice of changes to the Agreement on oyepages.com, in mobile application or on your registered email, it is your sole responsibility to keep yourself apprised of any such modifications or amendments. If you do not intend to be bound by the modified or amended Agreement, you must immediately terminate your registration and discontinue use of the Services.

Eligibility

A user must not register where any applicable law or regulation would prohibit doing so. By using the Services, you represent and warrant that

  • you are 15 years of age or older;
  • all registration information provided by you is true and accurate;
  • you will maintain the accuracy of all such information; and
  • your use of the Services does not violate any applicable law or regulation.

Your account, registration information, profile and any or all other information may be deleted and your account with OyePages may be terminated without any notice or warning, if we believe that you are less than 15 years of age or any information provided by you is not true or accurate.

Services

OyePages will provide you with various Services, as available on oyepages.com or in mobile applications. OyePages reserves the right to enhance, modify, or discontinue the Services, in whole or in part, at any time, for any reason, or for no reason at all, at sole discretion of OyePages, with or without notice to the Users, and with no obligation to the Users.

User Account & Password

You are entirely responsible for maintaining the confidentiality of your password. You agree not to use an account, or password of another user at any time, or to disclose your password to any third party. You agree to notify OyePages immediately if you suspect any unauthorized use of your account, access to your password or any such incident. You are solely responsible for any and all use of your account.

Regarding Emails

By registering with OyePages, you are authorizing OyePages to send automatic email reminders of the invites you send to your friends and contacts. We may also send notification mails to inform our users about certain activities like a new friend-request, new message, etc. and about any important announcement by OyePages like any change or modification in Privacy Policy, or Terms of Service, Software update, etc.

Regarding Fees

By registering with OyePages, you acknowledge that OyePages reserves the right to charge for any portion of the Services and to change its fees from time to time in its discretion. If you have breached the Agreement, your registration may be terminated and you shall not be entitled to the refund of any unused portion of subscription fees or payments.

Posting Content on OyePages

OyePages reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of our Services at any time, for any or no reason, with or without prior notice, and without liability. The content posted on OyePages by the users are not necessarily reviewed by OyePages and do not represent the policies and views of OyePages. OyePages does not endorse and has no control over such content.

Ownership of Content

The Services of OyePages allow you to submit different type of content like text, photos, blogs, polls, links, etc. on oyepages.com. You retain ownership of any intellectual property rights that you hold in that content. OyePages does not claim any ownership of any digital content that you own and post on oyepages.com.

You represent and warrant that you own any content posted by you on oyepages.com or have the right to post the content, and the posting of your content on or through the Services of OyePages does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

By submitting any content to our Services, you give OyePages a worldwide license to use, store, reproduce, modify, publish, publicly perform, publicly display and distribute such content. The rights you grant to OyePages in this license are for the limited purpose of promoting and improving our Services, and to develop new content. This license continues as far as your content is being used by OyePages even if you stop using our Services. You represent and warrant that you have the necessary rights to grant us this license for any content that you submit to our Services.

You understand and agree that once your content is posted, it may be copied, posted, shared and re-shared by other users, and OyePages is under no obligation to delete or ask other users to delete the content, and therefore it may continue to appear and be used indefinitely.

Term of Agreement

This Agreement shall remain in full force and effect while you use the Services of OyePages. OyePages may terminate your registration at any time, with or without any warning or notice. The Agreement will remain in effect even after termination of your registration by you or by OyePages.

Use of the Services

You understand that you will not use the Services of OyePages to submit or post any disturbing, lewd, violent, sexually explicit, racism, hatred subject matters. If you notice any such content you should report it to us.

You understand that illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the OyePages is strictly prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from the user profiles without notice and may result in suspension or termination of some or all membership privileges. Appropriate legal action may be taken against a person or entity for any illegal or unauthorized use of the Services.

You agree that you will not use our Services for any kind of illegal activities, such as sexual solicitation, financial traps, solicitation of personal info, threatening, obscene or defamatory activities, sexual imagery, stalking, virus, automated scripts which will add friends, write comments onto individual profiles and their content, using others account information, posting copyrighted and pirated material, chain letters, spamming, photos or information of other persons for which you do not have explicit acceptance and etc.

You agree that you will not use the Services of OyePages to upload, publish, modify, transmit, update, display, host, or to share any information that

  • belongs to another person and to which you do not have any right to;
  • is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating orencouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • harm minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of such messages orcommunicates any information which is grossly offensive or menacing in nature;
  • impersonate another person;
  • contains software viruses or any other files programs designed to interrupt, destroy or the functionality of any computer resource;
  • threatens the unity, integrity, defense, security or sovereignty of any country, friendly relations with foreign states, or public order or causes incitement the commission of any cognizable offence or prevents investigation is insulting any other nation

You understand that any content submitted to OyePages and associated records may be removed and/or preserved by OyePages for investigation purpose. When required by lawful order, OyePages will provide content, records or any such assistance to Government Agencies who are lawfully authorized for investigative, protective, cyber security activity. The content, records or any such assistance shall be provided for the purpose of verification of identity, or for prevention, detection, investigation, prosecution, cyber security incidents and punishment of offences under any law for the time being in force, on a request in writing stating clearly the purpose of seeking such information orany such assistance.

Copyrights and other Intellectual Property Rights

As a responsible user, you must not post any copyright material if you do not own it or if you do have rights to post it on OyePages, and you take complete responsibility and liability of any and all content posted by you on OyePages.

If somebody is violating your copyrights by posting your content on OyePages in a way that constitutes copyright infringement and you want to notify us, you should send us relevant information. Please provide us any information that would prove the accuracy of your claim and that you are the copyright owner or authorized to act on the copyright owner's behalf. We will evaluate your information and will take all necessary action to remove the copyrighted content and to deactivate or terminate accounts of repeat infringers.

Notice of Grievance

OyePages is not liable for any infringement of copyright arising out of materials posted on or transmitted by you using the Services of OyePages, or items advertised using the Services, by you or any other user, subscriber or third party. In case you have any grievance in relation to any content submitted or posted using the Services, you may contact us with the required information:

  • A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
  • The address, telephone number or e-mail address of the complaining party.
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
  • A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

Privacy Policy

Privacy on OyePages is governed by our Privacy Policy, which is incorporated into this Agreement by this reference (Privacy Policy)

Disclaimers

OyePages is not responsible and liable for the authenticity of content posted on oyepages.com. The content could have been posted by the users or by our staff or by its licensors.

Any external links on oyepages.com posted by users, staff or advertisers are not endorsed or checked by OyePages. We request the users to use their discretion while clicking on any links.

No offers made by users or advertisers are endorsed by OyePages. OyePages takes no responsibility for such offers. OyePages does not assume any responsibility for any damages caused to the user because of any error in services, omission of information, unauthorized actions, failure of infrastructure, natural calamities, etc.

Under no circumstances shall OyePages be responsible for any loss or damage, including commercial, personal injury or death, resulting from use of our Services. Our Services are provided "AS-IS" and as available and expressly disclaims any warranty of fitness for a particular purpose or non-infringement. OyePages cannot guarantee and does not promise any specific results from use of the OyePages.

Limitation on Liability

IN NO EVENT SHALL OYEPAGES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM THE USE OF THE SERVICES, EVEN IF OYEPAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOT WITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OYEPAGES LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO OYEPAGES FOR THE OYEPAGES SERVICES DURING THE TERM OF MEMBERSHIP.

Disputes

If there is any dispute about or involving OyePages, you agree that the dispute shall be governed by the civil court of New Delhi, India without regard to conflict of law provisions. Either OyePages or you may demand that any dispute between OyePages and you about or involving OyePages must be settled by arbitration utilizing, provided that the foregoing shall not prevent OyePages from seeking injunctive relief in a court of competent jurisdiction.

Indemnity

You agree to indemnify and hold OyePages, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the OyePagesin violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on oyepages.com or through the Services causesOyePages to be liable to another.

Other

This Agreement is accepted upon your use of oyepages.com or any of the Service of OyePages and is further affirmed by you becoming a registered user. This Agreement constitutes the entire agreement between you and OyePages regarding the use of our Services. The failure of OyePages to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles used in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.