1. Your Acceptance
2. MediaMise Service
These Terms of Service apply to all users of the MediaMise Service. Users through the MediaMise Service shall provide Information to their counterparts. Scrabble may not control the content. Users of the services are solely responsible for their absorption of the information or services. Scrabble has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any of its user. In addition, Scrabble may or may not censor or edit the content provided by any user at its sole discretion. By using the Service, you expressly acknowledge and agree that Scrabble shall not be responsible for any damages, loss of business, opportunity loss, claims or other liability arising from or related to your use of Service.
3. MediaMise Access
B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide Scrabble with your authorized mobile phone number & other requested contact details. You expressly acknowledge and agree that in order to provide the Service, Scrbble may periodically access your contact list and/or address book on your mobile device to find and keep track of contact details of other users of the Service. When providing your contact details, you must provide accurate and complete information. You hereby give your express consent to Scrabble to access your contact list and/or address book for contact details in order to provide and use the Service. Database uploaded or updated or its present contents or historical data, all communications between users is accessible to authorized personnel of Scrabble with unlimited access rights; the information may be utilized at sole discretion of Scrabble. You must notify Scrabble immediately of any breach of security or unauthorized use of your mobile phone. Although Scrabble will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Scrabble or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the servers in a given period of time than a human can reasonably produce in the same period by using a MediaMise application or website, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, Scrabble grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Scrabble reserves the right to revoke these exceptions either generally or in specific cases. Scrabble explicitly disallows any efforts to reverse-engineer system, protocols, or explore outside the boundaries of the normal requests made by Scrabble clients. Scrabble has to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. User must secure prior written permission from Scrabble before measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on Service domain. User agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any spam purposes. User agree not to spam any other users of the Service.
4. Intellectual Property Rights
The design of the MediaMise Service along with MediaMise created text, scripts, graphics, interactive features, Databases and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Scrabble, subject to copyright and other intellectual property rights under Indian laws and conventions. The Service is provided to User AS IS for user's information and personal use only. Scrabble reserves all rights not expressly granted in and to the Service. User agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, for any purposes.
5. Warranty Disclaimer
Users AGREES THAT User's USE OF THE MediaMise SERVICE SHALL BE AT their SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Scrabble, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND USE THEREOF. Scrabble MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM user's ACCESS TO AND USE OF SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF Scrabble SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MediaMise SERVICE. Scrabble DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MediaMise SERVICE, AND Scrabble WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, Users SHOULD USE Their BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. (VI) ANY COMMUNICATION OR SERVICE OR PRODUCT ARRANGEMENT OR AGREEMENT AMONG TWO OR MORE USERS OF MediaMise THROUGH THE SERVICE.
6. Service Charges
Users of the services agree to pay the applicable charges in advance for the continued usage of the services as and when asked to pay the reasonable charges, decided and communicated to users by Scrabble. Scrabble holds the sole rights to decide or revise the charges from time to time. If users disagree with the charges or levies, exclusive remedy is to discontinue using the services. Any and all taxes and other statutory levis of the governing body of the land for Scrabble and the user has to bourn by the user. Any penalties or punishments towards non-payment, partial payment or such charges or non-compliance of such levies will be sole responsibility of user of the services.
7. Limitation of Liability
YOU SPECIFICALLY ACKNOWLEDGE THAT Scrabble SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The MediaMise Service is controlled and offered by Scrabble from its facilities in the India. Scrabble makes no representations that the MediaMise Service is appropriate or available for use in other locations. Those who access or use the MediaMise Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Scrabble, its associates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) use of and access to the MediaMise Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Status Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the MediaMise Service.
9. Ability to Accept Terms of Service You affirm that you are either more than 18 years of age and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 18 years old as the MediaMise Service is not intended for person under 18. If you are under 18 years of age, you are not permitted to use the MediaMise Service. You further represent and warrant that you are not located in a country that is subject to a Indian Government embargo, or that has been designated by the Indian Government as a" terrorist-supporting" country, and that you are not listed on any Indian Government list of prohibited or restricted parties. Scrabble is the developer of the Service, with an address at India, info at ScrabbleTech.com.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Scrabble without restriction.