Welcome to Vakow! By using Vakow! (the "Web Site" or our SMS Service) you agree to be bound by these Terms of Use, which together with our Privacy Policy govern Vakow!'s relationship with you in relation to this website or our SMS Service.
The term "Vakow!" or "us" or "we" refers to the owner of the website whose registered office is B-408, Golden Rays, Raheja Vihar, Powai, Mumbai, India - 72. The term "you" refers to the user or viewer of our website and our SMS service ("Service").
In addition, when using particular services provided by us such as viewing an SMS, or participating in any contests, you shall be subject to any additional guidelines or rules applicable to such services.
MODIFICATION OF THESE TERMS OF USE
Vakow! reserves the right to change the terms, conditions, and notices under which its Service is offered, including but not limited to the charges associated with the use of Vakow! Service.
LINKS TO THIRD PARTY SITES OR PRESENCE OF PHONE NUMBERS
Our site contain links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personally identifiable information from you. Other sites follow different rules regarding the use or disclosure of the personally identifiable information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
Our website or messages (email or SMSes) that you receive from us may contain third party phone numbers (10 digit phone numbers or a shortcode). Like 3rd party links, we exercise no control on the privacy policy of these 3rd party phone numbers. You are advised to read their privacy policy or statements before messaging or calling them.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of Vakow! Service, you warrant to Vakow! that you will not use Vakow! for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Vakow! in any manner which could damage, disable, overburden, or impair Vakow! or interfere with any other party's use and enjoyment of Vakow! Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Vakow!.
USE OF COMMUNICATION SERVICES
Vakow! Service may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"); you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
Vakow! has no obligation to monitor the Communication Services. However, Vakow! reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Vakow! reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Vakow! reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Vakow!'s sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Vakow! does not control or endorse the content, messages or information found in any Communication Service and, therefore, Vakow! specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Vakow! spokespersons, and their views do not necessarily reflect those of Vakow!'s. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Vakow!
By submitting any content to us, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world for any purpose.
No compensation will be paid with respect to the use of your Submission, as provided herein. Vakow! is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Vakow!'s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
FEES
As of the date stated above, the Service and Software are provided to you free of charge. We are not liable for any charges levied upon you by your service provider or wireless carrier. We reserve the right to change our fees or billing methods at any time by providing you notice of any change at least 30 days in advance. If any change is unacceptable to you, you may terminate your account by responding to our notice within 30 days of receipt.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH Vakow! SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Vakow! AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN Vakow! SERVICE AT ANY TIME. ADVICE RECEIVED VIA Vakow! SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Vakow! AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON Vakow! WEB SITE OR MESSAGES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Vakow! AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Vakow! AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF Vakow! SERVICE, WITH THE DELAY OR INABILITY TO USE Vakow! OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH XYZ WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF Vakow! , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Vakow! OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF XYZ WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING Vakow!.
GENERAL
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Maharashtra, India and you hereby consent to the exclusive jurisdiction and venue of courts in Mumbai, Maharashtra, India. in all disputes arising out of or relating to the use of Vakow! Service. Use of Vakow! is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Vakow! as a result of this agreement or use of Vakow! Service. Vakow!'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Vakow!'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of Vakow! or information provided to or gathered by Vakow! with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Vakow! with respect to Vakow! Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Vakow! with respect to Vakow! Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
INDEMNITY
You agree to indemnify and hold Vakow!, 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 Vakow! Service in 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 submit to us or through the Service causes Vakow! to be liable to another.
CONTACTING Vakow!
If you have any questions or concerns about this Service and License Agreement or the Service or Software or copyright infringement, please send us a thorough description by email to support@vakow.com. We strive to respond to all customer requests within the next business day.
