This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. Acceptance of Terms of Service
1.1 By using http://www.hangoutt.com (the “Website” in this document), you, and the Company that you represent (“you”, “your”, or the “User” in this document) unconditionally agree to the Terms of Service (the “Terms” in this document) that we, 135 Tech Labs Pvt. Ltd. with our registered office at 1st floor, East wing, DHFLVC silicon towers, Kondapur, Hyderabad, 500 084 (“135TL”, “we” or “us” or “our” in this document) have provided herein for use of this Website. If you do not wish to agree to the outlined Terms then please refrain from using this Website.
1.2 135 Tech Labs Pvt. Ltd. provides
1.2.1 an interactive online service Hangoutt (“Platform”) owned and operated by 135TL through the Website on the World Wide Web of the Internet (the “Web” or “Internet”) and web applications accessible on third-party social networking services, consisting of applications for mobile platforms or devices, game publisher networks (“Networks”), and Third-Party Mobile Applications, and web forums or messaging boards in Hangoutt Applications (collectively, our “Forums”).
1.2.2 information services, content and transaction capabilities provided by 135TL, its subsidiaries and its associates with whom it has business relationships (“Business Associates”) including but not limited to third parties that provide services in relation to creation, production or distribution of content for the Website (“Third Party Content Providers”), third parties that provide advertising services to 135TL (“Third Party Advertisers”) and third parties that perform function on behalf of 135TL like sending out and distributing our administrative and promotional emails and text messages (“Third Party Service Providers”).
1.2.3 web domains and subdomains, including hangoutt.com and 135techlabs.com (collectively, our “Sites”), a software development kit (“135ACE SDK”) and portal for third-party publishers (“Hangoutt Developer Portal”), and portal for businesses (“HangouttBusinesses Portal”). Any and all of our Hangoutt Applications, Platform, Networks, Hangoutt Developer Portal, HangouttBusiness Portal, Sites and Forums are referred to herein as our “HangouttService”.
1.3 Please read this agreement carefully. These 135TL Terms are a legally binding agreement that govern your use of Hangoutt application and/or games, social applications and downloadable mobile entertainment content offered by 135TL and located at its Website. By using or accessing the Hangoutt Service, you agree, without limitation or qualification, to be bound by these Terms.
1.5 1.5 The Website and the Service are directed solely at those who access the Website from the Republic of India. 135TL makes no representation that Service (or any goods or services) are available or otherwise suitable for use outside the Republic of India. If you choose to access the Website (or use the Service) from locations outside the Republic of India, you do so on your own initiative and are responsible for the consequences thereof.
2. The right to use this Website is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of User’s password(s), if any. User understands and acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of 135TL, and 135TL shall not be responsible for any data lost while transmitting information on the Internet.
3. While it is 135TL’s objective to make the Website accessible at all times, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of 135TL, access to the Website may be interrupted, suspended or terminated from time to time. 135TL reserves the right, in its sole discretion, to terminate the access to any or all 135TL websites and the related services or any portion thereof at any time, without notice. 135TL shall also have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, graphics, deals, offers, settings, hours of availability and equipment needed for access or use. Further, 135TL may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
4. FOLLOWING SECTIONS ARE FOR BUSINESSES WHO ARE INTERESTED AND ELIGIBLE TO PARTICIPATE IN 135TL’S 135TL PUBLISHER PROGRAM.
5. Interest in 135TL Publisher Program
5.1 If you or your company are interested and eligible to participate in 135TL's 135TL Publisher Program, you may enter for registration as a “Publisher” at the 135TL Publisher Portal here; you must complete the registration process by providing us with current, complete, and accurate information of your Business as prompted in the registration process. On registration you understand that you, as a Publisher, will be entirely responsible for any and all activities that occur under any Publisher account ("HangouttPublisherAccount") provided to you.
5.2Without limiting any rights that 135TL may have under any other agreement with you or at law, you agree
5.2.1 To notify 135TL immediately of any unauthorized use of your Hangoutt Publisher Account or any other breach of security.
5.2.2 That 135TL will not be liable for any loss that you may incur as a result of someone else using your Publisher Account, either with or without your knowledge
5.2.3 That you may be held liable for losses incurred by 135TL or another person due to someone else using your Publisher Account
5.2.4 That you may not use anyone else's Hangoutt Publisher Accountat any time without first obtaining the permission of the Hangoutt Publisher Accountholder.
6. Eligibility and Registration to the Hangoutt Publisher Program
6.1 In order to access certain features of our Hangoutt Service, and to post any User Content (defined below in section 8) on or via our Hangoutt Service, you must register to create a HangouttPublisher Account and become a "Member." You will be given access to a “Hangoutt Business Portal” which can be used by you to be displayed to the users of Hangoutt Service (mainly Hangoutt App). The Hangoutt Business Portal will be a part of the Hangoutt Network as described in the Network Participation Agreement. You will also be a Business Associate of 135TL and shall abide by the Network Participation Agreement. As a Business Associate you will be entitled to present offers or goods to your customers (or users of hangoutt app). These third party goods or services may be offered as “rewards and /or offers”to users of not only your Hangoutt Business Portal but also other Hangoutt Business Portals which are part of the Hangoutt Network, depending on your permission to do so, and also the acceptance of the other Hangoutt Business Portal’s of the same.
6.2 Please register if you are above 18 years of Age for which you will be responsible for your actions on this Website. If you agree that you are under the age of 18 or whatever is the age of legal majority where you access the Hangoutt Service, you represent that your legal guardian (and/or company) has read, understood, and agreed to these Terms. In registering for a HangouttPublisher Account, you agree to monitor the account to restrict any use by minors. You accept full responsibility for any unauthorized use of our Hangoutt Service by minors, and this includes any use of your credit cards or other payment or settlement instruments or devices by minors.
6.3 During the registration process, you will be required to provide certain information, including your email address, and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. 135TL may employ a third party service to verify the authenticity of your account. 135TL reserves the right to suspend or terminate your 135TL Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. If you are not a Member, you may only browse or use in limited ways those parts of our Hangoutt Service that are not limited to Members only.
6.4 You are responsible for safeguarding your password. You agree not to disclose your password to any third party or to allow any third party to use your 135TL Account, and you agree to take sole responsibility for any activities or actions under your 135TL Account, whether or not you have authorized such activities or actions. You will immediately notify 135TL of any unauthorized use of your 135TL Account.
6.5 EVEN THOUGH WE USE THE WORD "YOUR" TO DESCRIBE A HANGOUTT PUBLISHER ACCOUNT YOU REGISTERED FOR, YOU AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE HANGOUTT PUBLISHER ACCOUNT AT ALL, AND YOU FURTHER AGREE THAT ALL RIGHTS IN AND TO THE 135TL ACCOUNT ARE AND ALWAYS WILL BE OWNED BY AND INURE TO THE BENEFIT OF 135TL.
7. User Content
Certain types of content are made available on or through our Hangoutt Service
7.1 User Content means text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content uploaded, transmitted or submitted by a Member on or via our Hangoutt Service.
7.2 135TL Content means text, data, graphics, images, illustrations, forms, documents, marketing materials, look and feel attributes, 135TL or our licensors' trademarks and logos and other content made available by 135TL on or via our Hangoutt Service, including any Customizations but excluding User Content.
7.3 Customizations means the modifications, designs or enhancements to 135TL Content as a result of a Member's or a non-registered user's customization of a 135TL character using one of 135TL's interactive templates or design tools. For the avoidance of doubt, Customizations do not include User Content.
8. 135 Tech Labs Content License
8.1 Subject to your compliance with these Terms, 135TL hereby grants you a limited, non-exclusive, non-transferable, non-sub licensable license to access, view, download and print, where applicable, any 135TL Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Hangoutt Service or 135TL Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property Rights owned or controlled by 135TL or its licensors, except for the licenses and rights expressly granted in these Terms.
9. User Content
9.1 You will make available any User Content only on your Hangoutt Business Portal. By making available any User Content in your Hangoutt Business Portal on or via our Hangoutt Service, you hereby grant to 135TL a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of our Hangoutt Service. 135TL does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
9.2 You acknowledge and agree that you are solely responsible for all User Content that you make available in your Hangoutt Business Portal on or through our Hangoutt Service. Accordingly, you represent and warrant that: you either are the sole and exclusive owner of all User Content that you make available in your Hangoutt Business Portal on or through our Hangoutt Service or you have all rights, licenses, consents and releases that are necessary to grant to 135TL the rights in such User Content as contemplated under these Terms; and neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or 135TL's use of the User Content (or any portion thereof) on, through or by means of our Hangoutt Service will infringe, misappropriate or violate a third party's Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
10.1 Our Hangoutt Service and 135TL Content are protected by copyright, trademark, and other laws of India. Except as expressly provided in these Terms, 135TL and our licensors exclusively own all right, title and interest in and to the Hangoutt Service and 135TL Content, including all associated Intellectual Property Rights, which shall include any patents and applications therefor, copyrights, trademarks, service marks, trade names, database rights, domain name rights, applications for any of the foregoing, moral rights and trade secret
10.2 135TL will exclusively own all right, title and interest in and to any Customizations and you hereby waive any and all rights you may have in any Customizations under copyright law or otherwise. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying our Hangoutt Service or 135TL Content.
11. Ratings, Comments & Feedbacks
11.1 You can rate and make comments about content made available on your Hangoutt Business Portal ("Comments"). 135TL advises you to exercise caution and good judgment when leaving such Comments. We do not generally monitor, review or moderate your Comments. Once you complete and submit your Comments on or via our Hangoutt Service, you should not expect to be able to go back and edit your Comments, nor should you expect us to make modifications to, or deletions of, your Comments on your behalf. You should be aware that you could be held legally responsible for damages to someone's reputation if your Comments are deemed to be defamatory. Without limiting any other terms or conditions of these Terms, 135TL may, but is under no obligation to, monitor or censor Comments and disclaims any and all liability relating thereto. Notwithstanding the foregoing, 135TL does reserve the right, in its sole discretion, to remove any Comments that it deems to be improper, inappropriate or inconsistent with the online activities that are permitted under these Terms.
11.2 We welcome and encourage you to provide feedback, comments and suggestions for improvements to our Hangoutt Service ("Feedback"). You may submit Feedback by emailing us at email@example.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of 135TL and you hereby irrevocably assign to 135TL and agree to irrevocably assign to 135TL all of your right, title, and interest in and to all Feedback, including without limitation all worldwide Intellectual Property Rights therein. Further, we are under no obligation to provide compensation for any Feedback. At 135TL's request and expense, you will execute documents and take such further acts as 135TL may reasonably request to assist 135TL to acquire, perfect, and maintain its Intellectual Property Rights and other legal protections for the Feedback.
12. Virtual Currency, Virtual Goods, Rewards or Third party goods
12.1 135TL owns, has licensed, or otherwise has the rights to use and have used all 135TL Content that appears in the Hangoutt Service, including, but not limited to, virtual goods ("Virtual Goods") and virtual currency ("HangouttCreditsTM" or “Virtual Currency”) appearing and originating in any 135TL Application or Third Party Mobile Application. Virtual Goods and Virtual Currency are proprietary to 135TL and its licensors, and are provided solely for your personal and entertainment use as per these Terms. The prices for and the amounts and kinds of Virtual Goods and Virtual Currency available may be changed at any time; Virtual Goods and Virtual Currency may also be discontinued without notice. Virtual Goods and Virtual Currency may only be used in 135TL Applications or Third Party Mobile Applications and have no real world value. By purchasing or receiving Virtual Goods and Virtual Currency all that you receive is a limited license to use them in 135TL Applications or Third Party Applications by these Terms or such other terms as may apply; Virtual Goods and Virtual Currency are not your personal property and no ownership interest in them is transferred to you.
12.2 You cannot sell or transfer, or attempt to sell or transfer, Virtual Goods or Virtual Currency, except only that where allowed you can exchange Virtual Goods acquired using Virtual Currency for other user's Virtual Goods in 135TL's Applications or Third Party Mobile Applications so long as no money or anything of monetary value is paid for the Virtual Goods. 135TL does not provide refunds for Virtual Goods or Virtual Currency.
12.3 Rewards, offers and Third party goods & services are provided by 135TL’s Business Associates or other Publisher Portals and you have right over the choice of the rewards of competitor Publisher Portals only. This list of competitor Publisher Portals needs to be given at the time of registration and can be changed in consent 135TL.
You are responsible and will pay all fees and applicable taxes incurred by you or anyone using a 135TL Account registered to you.
14. Termination of Hangoutt Publisher Accounts
14.1 Without limiting other remedies, 135TL may at any time suspend or terminate your Hangoutt Publisher Account and refuse to provide access to our Hangoutt Service if 135TL suspects or determines, in its own discretion, that you may have or there is a significant risk that you have
14.1.1 Failed to comply with any provision of these Terms or any policies or Rules established by 135TL.
14.1.2 Engaged in actions relating to or in the course of using our Hangoutt Service that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, 135TL Users, 135TL or any other third parties or our Hangoutt Service or
14.1.3 Infringed the proprietary rights, rights of privacy, or Intellectual Property Rights of any person, including as a repeat infringer. In addition, 135TL may notify authorities or take any other actions it deems appropriate, without notice to you, in the event of any of the above.
14.2 You may terminate your Hangoutt Publisher Accountat any time and for any reason by sending an email to firstname.lastname@example.org.
15. Effects of Termination, Suspension of Account
15.1 Upon termination of your HangouttBusiness Account for any reason by you or us, you will lose all access to such account. Terminated HangouttBusiness Account cannot be reinstated; any HangouttBusiness Account that may be registered by you after termination of a HangouttBusiness Account is a unique account.
15.2 YOU AGREE THAT 135TL IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR, UNUSED VIRTUAL GOODS OR VIRTUAL CURRENCY IN AN INACTIVE ACCOUNT OR THAT WAS IN A TERMINATED 135TL ACCOUNT, NO MATTER HOW EITHER CAME ABOUT.
15.3 After any termination, you understand and acknowledge that we will have no further obligation to provide our Hangoutt Service and all licenses and other rights granted to you by these Terms will immediately cease. 135TL will not be liable to you or any third party for termination of our Hangoutt Service or termination of your use of our Hangoutt Service. UPON ANY TERMINATION OR SUSPENSION OF YOUR 135TL ACCOUNT, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON OUR HANGOUTT SERVICE OR THAT WHICH IS RELATED TO YOUR 135TL ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, 135TL will have no obligation to maintain any information stored in our database related to your 135TL Account or to forward any information to you or any third party.
15.4 Any suspension, termination or cancellation will not affect your obligations to 135TL under these Terms (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
16.1 OUR HANGOUTT SERVICE, 135TL CONTENT, USER CONTENT AND AD CONTENT ARE PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, 135TL EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
16.2 135TL MAKES NO WARRANTY THAT OUR HANGOUTT SERVICE, 135TL CONTENT, USER CONTENT and AD CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. 135TL MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, HANGOUTT SERVICE OR CONTENT PURCHASED OR OBTAINED THROUGH OUR HANGOUTT SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH OUR OR HANGOUTT SERVICE.
16.3NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM 135TL OR THROUGH OUR HANGOUTT SERVICE, 135TL CONTENT, USER CONTENT AND / OR AD CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
17.1You agree to defend, indemnify, and hold 135TL, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Content you submit to 135TL, your access to our Hangoutt Service or 135TL Content, or your violation of these Terms.
18. Limitation of Liability
18.1 YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF OUR HANGOUTT SERVICE AND CONTENT THEREIN REMAINS WITH YOU. NEITHER 135TL NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING OUR HANGOUTT SERVICE OR 135TL CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR HANGOUTT SERVICE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE OUR HANGOUTT SERVICE OR CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 135TL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
18.2YOU SPECIFICALLY ACKNOWLEDGE THAT 135TL IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, 135TL WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM OR THROUGH OUR HANGOUTT SERVICE.
19.Trademarks & Other Proprietary Rights Notices
19.1All trademarks, service marks, logos, trade names and any other proprietary designations of 135TL or our licensors used in association with the Hangoutt Service are trademarks or registered trademarks of 135TL or our licensors. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of the respective owners of same.
20. Controlling Law and Jurisdiction
20.1 These Terms and any action related thereto will be governed by the laws of India and Jurisdiction of Hyderabad, India.
21. Entire Agreement
21.1 These Terms constitute the entire and exclusive understanding and agreement between 135TL and you regarding our Hangoutt Service and 135TL Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between 135TL and you regarding our Hangoutt Service and 135TL Content.
22.1 Should you have any questions concerning this Agreement, or if you desire to contact Company for any reason, please direct all correspondence to email@example.comI HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.