The YUMZY application is licensed to you not sold.
READ THIS AGREEMENT CAREFULLY. IT IS A LEGAL CONTRACT GOVERNING YOUR USE OF A MOBILE APPLICATION AND CERTAIN SERVICES PROVIDED BY LAALSA BUSINESS INSIGHTS PVT. LTD.1. ACCEPTANCE OF TERMS
This section sets forth your limited license to use the Application (“License”).GENERAL
1. Grant. Through the downloading, installation and/or use of the Application, YUMZY grants you a personal, limited, non-exclusive, and non-transferrable license to install and use the Application for your non-commercial use on a single, authorized mobile device solely as set forth in this License. Your acquired license rights are subject to your compliance with this License and these Terms. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Application or rights to use the Application. The term of your License shall commence on the date that you download, install or otherwise use the Application, and shall end on the earlier of the date that you dispose of the Application or YUMZY’s termination of this License.
2. Further Restrictions. Your right to use the Application is limited to the license grant above, and you may not otherwise copy, reproduce, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Application or any component of it, except as expressly authorized by YUMZY in a signed writing. You may only use the Application in object code form. You may not attempt to create the source code from the object code of the Application or otherwise. You may not make any third-party software contained in the Application a stand-alone product. You may not sublicense or assign the Application. You are prohibited from making a copy of the Application available on a network where it could be used by multiple users. You are prohibited from making the Application available over a network where it could be downloaded by multiple users. You may not remove or alter YUMZY’s trademarks or logos, or legal notices included in the Application or related assets. Your right to use the Application is also predicated on your compliance with any applicable terms of agreements, if any, you have with third parties when using the Application.
Reservation of Rights. You have obtained a limited license to the Application and your rights are subject to this License until terminated. Except as expressly licensed to you herein, YUMZY and its licensors reserve all right, title, ownership, and interest in the Application (including all characters, storyline, images, photographs, animations, video, music, text, and any other materials in the Application), and all associated copyrights, trademarks, patents, and other intellectual property rights therein. This License is limited to the intellectual property rights of YUMZY and its licensors in the Application and does not include any rights to other patents or intellectual property that are not part of the Application. Except to the extent permitted under applicable law, you may not copy, decompile, disassemble, translate, adapt, reverse engineer or otherwise reduce the Application to human readable form, or any component thereof, by any means whatsoever. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Application. All rights not expressly granted herein are reserved by YUMZY. You expressly agree that you will not contest, challenge, object to, dispute or otherwise oppose any intellectual property, including without limitation, patents, copyrights or trademarks, that YUMZY claims either through registration, statutory or common law or otherwise in the Application.
Access. You must provide at your own expense the equipment, Internet connections or devices and/or service plans to access and use this Application. YUMZY does not guarantee that this Application can be accessed on all devices or wireless service plans. YUMZY does not guarantee that this Application is available in all geographic locations. You acknowledge that when you use this Application, your wireless carrier or other telecommunications provider may charge you fees for data, messaging and/or other wireless access. Check with your provider to see if there are any such fees that apply to you.
Application Updates. You agree that the Application may automatically download and install updates, upgrades and additional features that YUMZY deems in its sole discretion reasonable, beneficial to you and/or reasonably necessary. You acknowledge and agree that any obligation YUMZY may have to support the previous version(s) may be ended upon the availability of the update, upgrade and/or implementation of additional features. This License shall apply to any updates, upgrades and/or additional features that are not distributed with a separate license or other agreement.
No Ownership Rights. You have no ownership rights in the Application. Rather, you have a limited license to use the Application as long as these Terms are in effect. Ownership of the Application and all intellectual property rights therein shall remain at all times with YUMZY and/or its licensors. The use of the Application by any other individual, business, government or any other entity is strictly prohibited and is a violation of this License and these Terms.
YUMZY reserves the right, at its sole discretion, to modify or replace the Terms at any time. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Application by you following such modification constitutes your acceptance of the Terms as modified.4. ELIGIBILITY
You hereby represent and warrant that you are a natural person (corporate entities and similar organizations are not eligible to use the Application for any purpose) and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms.
If you do not meet the eligibility requirements of this section, then you are not permitted to use the Application and you agree that you will not use the Application. In addition to any other rights that YUMZY may have in law or equity, YUMZY reserves the right to suspend or terminate the account of any purported user of the Application that does not meet the foregoing requirements.5. CONDITIONS OF USING THE APPLICATION
Communications and Disclosure. As a result of your use of the Application, you may receive certain commercial communications from YUMZY. You may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to firstname.lastname@example.org
As a condition of use, you promise not to use the Application for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by YUMZY. By way of example, and not as a limitation, you agree to the following:
• You agree not to abuse, harass, impersonate, intimidate or threaten other Application users;
• You will not download or use the Application if you are under the age of 13, regardless of any age rating that is given to the Application by any third party.
• You will deny access to the Application to children under the age of 13, and you will monitor the use of Application so that it may not be used by children under the age of 13. You will be responsible for any use of your credit card or other payment instrument in the Application by anyone under the age of 18.
• You will use the Application for personal and non-commercial purposes only.
• You will not use the Application to advertise, solicit or transmit commercial advertisements, including without limitation junk e-mail, spam, spam, or any other unsolicited messages regardless of the medium (e.g., email, text, SMS, chat, etc.)
• You will use the Application only for lawful purposes. This means that you will not use the Application to directly or indirectly violate any applicable law, rule or regulation or use the Application in any manner that would promote, aid or abet the violation of any applicable law, rule or regulation.
• You will not transfer, sell or trade the Application to anyone without written permission from YUMZY.
• You will not use or access an Application that has been transferred, sold or traded from another Application user without written permission from YUMZY, except as permitted by these terms.
• You will not post any defamatory, threatening, harassing, abusive, libellous, or otherwise offensive or objectionable information in the Application.
• You will not make available through the Application any information that infringes any intellectual property or privacy rights of any other person or entity.
“User Content” means any information, text, graphics, or other materials you submit, post, upload, display, or otherwise make available using the Application.
You understand that all User Content is the sole responsibility of the person from which such User Content originated. This means that you, not YUMZY, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Application. Under no circumstances will YUMZY Inc be liable in any way for any User Content uploaded, posted, shared, emailed, transmitted or otherwise made available via the Application.
You acknowledge that YUMZY Inc may or may not pre-screen User Content, but that YUMZY Inc and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any User Content available via the Application. Without limiting the foregoing, YUMZY Inc and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in YUMZY Inc’s sole discretion. You understand that by using the Application, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any content available on or through the Application.
With respect to User Content you submit or make available on the Application, you grant YUMZY an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed.
You are solely responsible for your interactions with other users of the Application. YUMZY reserves the right, but has no obligation, to monitor disputes between you and other users.8. COPYRIGHT COMPLAINTS/DIGITAL MILLENNIUM COPYRIGHT ACT
YUMZY has a policy of, in appropriate circumstances and at its discretion, terminating the accounts of users who infringe the intellectual property of others, including accounts of repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide YUMZY’s Copyright Agent a Notice containing the following information:
• An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest that has allegedly been infringed;
• A description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online location are covered by a single notification, a representative list of such works at that location;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and a description of where that material is located;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
• A statement by you that the above information in your Notice is accurate and, and, under penalty of perjury, that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf.
You may send your claims of copyright or other intellectual property infringement to YUMZY’s Copyright Agent at the following address:
LAALSA Business Insights Pvt. Ltd
2nd Floor, Spaces & More, Plot 48 & 49,
Lumbini Layout, Opp: Bio-Diversity Park,
Gachibowli, Hyderabad – 500 032
Email: email@example.com. INDEMNITY
By using the Application, you agree to release and to hold harmless YUMZY and each of their respective parents, subsidiaries, affiliates, partners, co-sponsors, and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities from any and all liability, claims or actions of any kind whatsoever, including, but not limited to, for injuries, damages or losses to persons and property which may be sustained in connection with the use of the Application, the receipt, ownership, use or misuse of any products or services made available on or through the Application.10. FORCE MAJEURE
The failure of YUMZY to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of YUMZY’s (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these terms11. WARRANTY DISCLAIMERS
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE APPLICATION AND ALL RELATED PRODUCTS, SERVICES AND MATERIALS MADE AVAILABLE ON OR THROUGH THE APPLICATION ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. YUMZY AND ITS LICENSORS (COLLECTIVELY -YUMZY- FOR PURPOSES OF THIS SECTION AND SECTION 12) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. YUMZY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION; THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE APPLICATION WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR EQUIPMENT; THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED; OR THAT THE APPLICATION WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR MULTIPLE DEVICES OR EQUIPMENT. NO ORAL OR WRITTEN ADVICE PROVIDED BY YUMZY. APPLE, GOOGLE OR ANY AUTHORISED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.12. LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL YUMZY BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE APPLICATION WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT YUMZY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YUMZY’s 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 YUMZY FOR GENERAL USE OF THE APPLICATION DURING THE TERM OF YOUR USE OF THE APPLICATION.13. TERMINATION
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.15. GOVERNING LAW
The Terms and the relationship between you and YUMZY shall be governed by the laws of the State of Telangana without regard to conflict of law provisions. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to these Terms or to any dispute or transaction arising out of this License.16. GENERAL INFORMATION
If any provision of these Terms and License is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms shall continue in full force and effect.18. Limitation of Liability and Disclaimer of Warranties are Material Terms of these Terms and License.
You agree that the provisions in these Terms and License that limit liability and disclaim warranties are essential terms of these Terms and this License.19. Taxes.
You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with this agreement by any authority.20. Export.
You agree to abide by Indian excise & customs and other applicable export control laws and agree not to transfer the Application to a foreign national or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom YUMZY is prohibited from transacting business under applicable law.21. Entire Agreement.
These Terms and this License constitutes the entire agreement between you and YUMZY with respect to the Application and supersede all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License and these Terms will be binding unless made in writing and signed by YUMZY. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this License and these Terms and any applicable purchase or their terms, the terms of this License and these Terms shall govern.