THIS BIZLIONS END USER LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL AND BINDING AGREEMENT MADE SOLELY BETWEEN YOU (“YOU” AND “YOUR”) AND BIZLIONS (“WE,” “US,” OR “OUR”). BY CLICKING THE “ACCEPT” BUTTON OR BY INSTALLING, COPYING OR USING THE BIZLIONS APPLICATION, OR ANY WEB SITES OWNED OR CONTROLLED BY BIZLIONS, YOU ARE INDICATING THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. YOU ALSO ACCEPT THAT ANY THIRD PARTY BENEFICIARY, OR ANY DEVICE MANUFACTURERS OR TELECOMMUNICATION SERVICE PROVIDERS, MAY ENFORCE THE PROVISIONS IN THIS AGREEMENT AND THE TERMS OF USE. THIS AGREEMENT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF ANY VERSION OF THE DOWNLOADABLE BIZLIONS SOFTWARE (THE “SOFTWARE”) AND ANY INFORMATION OR DATA OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY ARTWORK, TEXT, CONTENT, VIDEO, AUDIO, OR PICTURES SERVED THROUGH THE SOFTWARE OR RECEIVED FROM OR ON ANY WEB SITE OWNED OR CONTROLLED BY BIZLIONS (COLLECTIVELY THE “CONTENT”) (THE SOFTWARE AND THE CONTENT ARE TOGETHER REFERRED TO AS THE “APPLICATION”; THE “SOFTWARE” INCLUDES BETA AND PRE-RELEASE VERSIONS). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE APPLICATION AND/OR WEBSITE AND YOU MUST STOP THE REGISTRATION PROCESS AND PROMPTLY CEASE USING AND DESTROY ANY COPIES OF THE SOFTWARE IN YOUR POSSESSION. FAILURE TO ABIDE BY THE TERMS OF THIS AGREEMENT MAY RESULT IN TERMINATION OF YOUR ACCESS TO THE APPLICATION AND/OR THE WEBSITE, THE RELATED BIZLIONS SERVICE, AND/OR ANY PART THEREOF.
1. GRANT OF LICENSE
Bizlions hereby grants to you a limited, non-exclusive license to use the Application/ website solely for personal, non-commercial use, on devices under your ownership and control, solely in the territories in which Bizlions has commercially launched and subject to the following terms:
You may not:
1. link to the Application except as expressly permitted in writing by Bizlions;
2. permit other individuals to use the website and/or the application with your
login id and password;
3. modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law), tamper with, or create derivative works based upon the Application, including the Content, or any portion thereof (including without limitation any security components and digital
rights management);
4. copy the website/ application or any portion thereof
5. sell, rent, lease, transfer, distribute, broadcast, display or otherwise assign any rights to the website/ application to any third party;
6. remove any proprietary notices or labels on the Website/Application;
7. use the website/ application in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the
rights in, a content file or other work protected by the copyright laws of any
jurisdiction;
8. use the website/ application for any commercial or illegal purpose;
9. use the website/ application for other than your personal, non-commercial purposes, including without limitation the excessive and/or repeated playing of content;
10. use the website/ application to invade the privacy of, or obtain personal information about, any account holder or user, or to obtain a list of account holders or users;
11. copy, modify, erase or damage any information contained on computer servers used or controlled by Bizlions or any third party used in connection with the website/application or the services provided through the website/ application;
12. use the website/ application to violate any legal right of any third party; or use any data mining, robots, or similar data gathering and or extraction tools in connection with the Application;
13. access or use any password protected, secure or non-public areas of the website/ application except as specifically authorized in writing by Bizlions (unauthorized individuals attempting to access these areas of the website/ application may be subject to prosecution);
14. use any automated means to access or use the website/ application (including
scripts, “bots” or similar software); or
15. modify, translate, reverse engineer, decompile, reproduce, disassemble, or otherwise gain access to or attempt to gain access to any private key or “dev key” (as that term is generally understood within the software industry) associated with the website/ application, the Content or the Services, or to use or attempt to use any private key or “dev key” in a manner in violation of this Agreement or the applicable Bizlions service Terms and Conditions,
Violation of any of the foregoing restrictions may result in the termination of your account, without any notice. Bizlions reserves any and all rights or remedies that may be available in the event of your breach of this Agreement. you
You shall not be entitled to use any subscription-based features of the Application unless have paid the applicable subscription fee and agreed to the terms of the Bizlions Service Terms and Conditions. Bizlions is not obligated to provide any such free trial period.
2.UPGRADES / UPDATES
You acknowledge that Bizlions may issue upgraded or modified versions of the Application/ website from time to time, and may automatically electronically upgrade or modify the version of the Application that you are using on your device. You consent to such automatic upgrading or modification, and agree that this Agreement (as amended from time to time) will govern all such versions.
The website/ application will operate only on those hardware and software platforms specified in the Application documentation. It is your responsibility to ensure that you have the appropriate software, hardware and Internet connection to operate the then-current version of the website/ application to avail the services. Bizlions reserves the right to cease supporting any hardware or software platform at any time, with or without notice.
Bizlions may modify the website/ application at any time without notice and may discontinue any Bizlions application or web site at any time without notice.
3.TITLE TO INTELLECTUAL PROPERTY
You shall not use the website/ application or the Software for any illegal purpose. Bizlions retains all title and ownership rights in and to the intellectual property. Except as expressly stated in this Agreement, Bizlions does not grant any express or implied right or license to you under any patent, copyright, trademark, or trade secret rights of Bizlions.
4.TITLE TO CONTENT SERVED THROUGH THE APPLICATION
The Content served by Bizlions or third parties directly through the website/ application is the property of Bizlions, its licensors, its partners, and/or its advertisers. Title, ownership rights and intellectual property rights in and to such Content is the property of Bizlions or third parties and is protected by applicable copyright and other law. Other than as expressly provided herein, this Agreement gives you no express or implied license to the Content, including without limitation, any right to use, sell, rent, copy, distribute, broadcast, modify, perform or publicly display any Content.
Bizlions complies with copyright law and expects its users to do the same. You shall not use the website/ application to help you infringe the copyrights of Bizlions or any third party. Unauthorized use, copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders’ rights and a violation of the law. You agree that you shall only use the website/ application in a manner that does not violate any third-party rights and that complies with all applicable laws in the jurisdiction in which you use the website/application, including, but not limited to, applicable restrictions concerning copyrights and other intellectual property rights. In the event of Bizlions or any third party claim that your use of the website/application infringes any intellectual property rights, you will be solely responsible for the investigation, defence, settlement and discharge of any such claim.
5. HYPERLINKED ENTITIES
The website/application and offered service may contain hyperlinks to various third party web sites, advertisements and other resources (“Hyperlinked Entities”). These Hyperlinked Entities (other than web properties owned or operated by Bizlions) are not under the control of Bizlions and Bizlions is not responsible or liable for the content, communications or materials of any Hyperlinked Entities. The inclusion of any link does not imply endorsement by Bizlions of the Hyperlinked Entity or any association with its operators. You are responsible for adhering to the applicable terms of service for any Hyperlinked Entity. You are solely responsible and liable for any interactions you may have with such entities, advertisers, their sponsors and other third parties.
6.REGISTRATION
You agree to provide true, accurate, current and complete information about yourself as prompted by the registration process (such information being the “Account Information”). You agree to update your Account Information in order to keep such information current. You are solely and entirely responsible for maintaining the confidentiality of your password and user name. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account.
7.PAYMENTS
Any transfer of payments made towards the purchase/ use of any services/course/content of the website/application should be towards the prescribed bank account only. Bizlions does not ask for or allow transfer of any payment/fee towards any other bank account. Any payments made by you to any affiliate’s personal account/ or any account other than the mentioned account shall not entitle you to become member/user of the services provided by Bizlions. Further, Bizlions shall in no manner whatsoever responsible/ accountable for any payments made to any account.
8.DISCLAIMER OF WARRANTY
THE WEBSITE/APPLICATION AND ITS CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIZLIONS, ITS PARTNER COMPANY OR COMPANIES, ITS LICENSORS, ITS INVESTORS, AND ITS DISTRIBUTION AND AFFILIATE PARTNERS, THE WIRELESS CARRIERS OVER WHOSE NETWORK THE APPLICATION IS PROVIDED, AND ITS RESEPECTIVE AFFILIATES AND SUBSCRIBERS, AND ALL DEVICE MANUFACTURERS, ON WHICH THE APPLICATION MAY BE USED, (THE “BIZLIONS ENTITIES”) DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
USE OF THE WEBSITE/APPLICATION IS AT YOUR OWN RISK. THE BIZLIONS ENTITIES MAKE NO WARRANTY THAT THE WEBSITE/APPLICATION WILL MEET YOUR REQUIREMENTS/EXPECTATIONS, OR THAT THE WEBSITE/APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, OR ERROR FREE; NOR DO THE BIZLIONS ENTITES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE WEBSITE/APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE WEBSITE/APPLICATION. THE BIZLIONS ENTITIES MAKE NO WARRANTY REGARDING ANY CONTENT OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE/APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATION/WEBSITE.
9.LIMITATION OF LIABILITY
ANY AND ALL RISK ARISING OUT OF THE USE AND/OR PERFORMANCE OF THE WEBSITE/APPLICATION REMAINS WITH YOU. IN NO EVENT SHALL THE BIZLIONS ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES, INCLUDING ANY DEVICE MANUFACTURERS OR TELECOMMUNICATION SERVICE PROVIDERS, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SALE, DISTRIBUTION, PERFORMANCE OR NON-PERFORMANCE, USE OF, OR INABILITY TO USE THE WEBSITE/APPLICATION OR ANY PART THEREOF, EVEN IF BIZLIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE BIZLIONS ENTITIES BE LIABLE FOR ANY CLAIMS (INCLUDING, WITHOUT LIMITATION, CLAIMS FOR BREACH OF CONTRACT, BREACH OF WARRANTY, GUARANTEE OR CONDITION, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT) OR DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE APPLICATION OR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES.
THE OWNERS AND LICENSORS OF THE CONTENT, AND ANY DEVICE MANUFACTURERS OR TELECOMMUNICATION SERVICE PROVIDERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS AGREEMENT, AND SHALL HAVE THE RIGHT TO ENFORCE THIS AGREEMENT AGAINST YOU.
10.INDEMNITY
You agree to indemnify and hold Bizlions and its parents, members, subsidiaries, affiliates, service providers, syndicators, distributors, licensors, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of or related to your violation of this Agreement, or your violation of any law, regulation or third-party right.
11. TERMINATION
This Agreement (and your license/membership) shall terminate automatically and immediately if you fail to comply with any of the limitations described in this Agreement. No notice shall be required from Bizlions to effectuate such termination. In addition, Bizlions reserves the right to terminate this Agreement and discontinue your access to the website/ application and its content at any time for any reason, and with or without notice. Upon termination of this Agreement for any reason you must immediately destroy all copies of the content.
12.CUSTOMER SERVICE
If you have any questions or concerns about your account, you may contact Customer Service, through post/ e-mail/ telephone or any other medium provided to you in the application or the official website of Bizlions. Your phone manufacturer or network operator shall not provide support services for the website/ application.
13. MODIFICATION
Bizlions may modify this Agreement at any time in its sole discretion. In the event we shall post the revisions on this page. You are advised to visit the page regularly to stay updated on the currently applicable terms for your use of the Service, Software, website and Content. If any modification is unacceptable to you, you agree that your only recourse is to immediately terminate your use of the website/ application and destroy any copies of the Software in your possession. Your continued use of the website/application following our release of a revised End User License Agreement on the Application will constitute your binding acceptance of the change. YOUR ACCEPTANCE OF THIS AGREEMENT INDICATES THAT YOU GIVE CONSENT TO BIZLIONS TO E-MAIL YOU WITH NOTICES CONCERNING MATERIAL CHANGES IN THE TERMS OF THIS AGREEMENT, THE APPLICATION OR THE SERVICES TO WHICH YOU HAVE SUBSCRIBED.
14. RESTRICTED RIGHTS AND EXPORT RESTRICTIONS
The website/application content is provided with restricted rights. By using the it, you are agreeing to the foregoing and are representing and warranting that you are not located in, under the control of, or a national or resident of, any country where the use of this application may be illegal or contrary to any law, Indian or otherwise.
15. GOVERNING LAW
This Agreement shall be governed by the laws of State of New Delhi, India, without regard to or application of any choice of law or conflict of laws provisions. You consent to the exclusive jurisdiction of the courts sitting in New Delhi. If either Bizlions or you employ any attorneys to enforce any rights arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs. No delay or failure to take action under this Agreement shall constitute any waiver by Bizlions of any provision of this Agreement. This Agreement, together with our Terms of Use, Privacy Policy and any other rules, regulations, procedures and policies which are hereby incorporated or prescribed on any future date (including all documents expressly incorporated by reference), herein by this reference, constitutes the complete and exclusive agreement between Bizlions and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. This Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void.
