The following terms of services constitute a binding legal agreement ("Terms
of Service") between Mobigraph Solutions India Private Limited. (MOBIGRAPH),
the owner and operator of www.xpresso.me ("the Xpresso Site"), the Xpresso
software, including 'Xpresso' (collectively, including all content provided by
MOBIGRAPH through the Xpresso Site, Xpresso software and the Xpresso , the "Xpresso
Service", or the "Service"), and you ("you" or "You"), a user of the Service.
By using the Service, You acknowledge and agree to these Terms of Service, and Xpresso's
which are incorporated herein by reference (Terms of Service and Privacy
Policy, hereinafter collectively referred to as "Agreement"). BE SURE TO
CAREFULLY READ AND UNDERSTAND ALL OF THE RIGHTS AND RESTRICTIONS DESCRIBED IN
THIS AGREEMENT BEFORE DOWNLOADING OR ACCESSING THE XPRESSO SERVICE OR USING THE
XPRESSO SERVICE. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE XPRESSO
SERVICE, YOU INDICATE YOUR PERSONAL ACCEPTANCE AND YOUR CONCURRENCE TO BE BOUND
BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS
AGREEMENT, PLEASE DO NOT DOWNLOAD, INSTALL, OR USE THE XPRESSO SERVICE.
This Agreement shall apply to all users of the Xpresso Service. By using the Xpresso Service, you represent and warrant that you are over the age of 14 (or if below such age, possess legal parental or guardian consent to use the Xpresso Service) and are of sound mind capable of contracting as understood under the applicable provisions of law and have the right, authority, and capacity to accept these terms and conditions and to abide by the same. In addition you warrant that you are not a person barred from receiving services under the laws of India or any other applicable jurisdiction.
You acknowledge that MOBIGRAPH reserves the right to discontinue any aspect of the Xpresso Service at any time without any notice or any liability to anyone.
1. Accessing Xpresso Services
Subject to your compliance with this Agreement, MOBIGRAPH hereby grants you
access to use the Service, provided that:
(i) your use of the Service (a) will be solely for purposes that are permitted by this Agreement, (b) will not include reselling or charging others for use of or access to the Xpresso Service, (c) will not in any other manner be inconsistent with this Agreement;
(ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without prior written authorization of MOBIGRAPH;
(iii) you will not reverse engineer, alter or modify or attempt to reverse engineer, alter or modify any part of the Service;
(iv) you will provide accurate information about your name, email address and mobile phone number and any other information required for use of the Service;
(v) your use of the Service will comply with all applicable local, state, national or international laws;
(vi) you will not violate any copyright, trademark, patent or any intellectual property right, disclose a trade secret or confidential information while using the Service;
(iv) you will otherwise comply with the terms and conditions of this Agreement;
(vii) you agree not to use any methods of electronic spamming towards MOBIGRAPH servers;.
(viii) you agree not to rip and tamper with the Xpresso Service;
(iii) without prior permission from MOBIGRPAH, you agree not to modify the Xpresso Service request messages using any form of modification tools to test MOBIGRAPH servers;
(iv) you agree not to spam, or solicit for commercial purposes, any users of the Service.
2. Your Xpresso Account
In order to access and use the Xpresso Service, you acknowledge and agree to
create a user account in MOBIGRAPH servers.You agree not to impersonate by
using fake/unauthorized or anyone else's name, personal information, email
address, mobile number and/or their User Status (defined in Section 4 below).
Uninstallation of the Xpresso from your device will lead to deletion of your account and registration information from the Xpresso Service, however messages uploaded and User Content (defined in Section 3 below) may not be deleted immediately.
MOBIGRAPH will not be liable for your losses caused by any unauthorized use of your account, you will be liable for the any losses incurred by MOBIGRAPH or any other party due to any such unauthorized use.
3. Your Content in Xpresso Services
The data/information sent by you to other user/s of the Xpresso Service,
includes but is not limited to the User Status, text, image, audio, sounds,
graphics, graphics information, user actions, contact information and any media
content here after called "User Content".
Xpresso Service allows you to upload, share, submit, publish, store and receive User Content. You retain the ownership of any intellectual property rights of/within that User Content. When you upload, share, submit, publish, store and receive User Content using Xpresso Service, you give a worldwide transferable license to MOBIGRAPH to use, store, reproduce, modify, create derivative works, publish and distribute the User Content in all media forms. The rights you grant to MOBIGRAPH through the preceding sentence is limited to promote, operate and improve MOBIGRAPH Services.
Save as stated herein, the User Content of the message that is delivered by the Xpresso Service is not copied, kept or archived by MOBIGRAPH in the normal course of business. The Xpresso Service uses data service through a user's phone (either via mobile network or Wi-Fi). Subject to the use of commercially reasonable efforts, User Content is deleted and stripped of any identifiable information within a period of thirty (30) days from the MOBIGRAPH server in accordance with the general retention policies of the MOBIGRAPH server. The retention policy is subject to change based on the MOBIGRAPH server infrastructure including but not limited to, storage, network bandwidth, hardware resources, server performance etc.
You acknowledge and agree that you shall not to publish, transmit, update or
share any User Content that:
(i) belongs to another person and to which you don't have any right; copyrighted User Content owned by a third party unless you have the express consent, permission, license, authority of the rightful owner;
(ii) violates/infringes any patent, trademark, trade secret, copyright or any other proprietary or privacy rights of any third party.
(iii) is illegal, obscene, pornographic, vulgar, impersonating another person, enticing/harming minors in any way, infringing of intellectual property rights, proprietary rights of any third party, invasive of privacy or public rights or any other third party rights or otherwise injurious or objectionable, elicit response relating to illegal activity, contain viruses;
(iv) promotes or provides any instructional information about illegal activities;
(v) upload or post computer codes, files or programs that would interrupt, destroy or limit the functionality of the Xpresso Service or any software, network, servers, hardware or any other related equipment, device, any computer resource.
(vi) violate any applicable laws or regulations for the time being in force.
4. Third Party Content in Xpresso Services
Information provided by users through the Xpresso Service may contain links to third party websites and/or wap-sites that are not owned or controlled by MOBIGRAPH. MOBIGRAPH has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites and/or wap-sites. In addition, MOBIGRAPH will not and does not have the right to censor or edit the content of any third-party website and/or wap-sites. By using the Service, you expressly acknowledge and agree that MOBIGRAPH shall not be responsible or liable for any damages, claims or other liability arising from or related to your use of any third-party website and/or wap-sites.
5. Copyrights and Intellectual Property Rights in Xpresso Services
The design of the Xpresso Service along with MOBIGRAPH created text, 2D/3D graphics designs, 2D/3D avatar characters, 2D/3D animations, interactive features, the trademarks, logos, Xpresso , Xpresso software and code and all content provided by MOBIGRAPH is either owned by MOBIGRAPH or is authorized for use in accordance with this Agreement to MOBIGRAPH by its rightful owner ("MOBIGRAPH IP"). You hereby acknowledge and agree that the Xpresso software made available as a part of the Xpresso Service may include open source files and you agree to abide by the license and notice files pertaining to such open source files, as applicable.
The copyright and other intellectual property rights in the MOBIGRAPH IP are subject to Indian Copyright and Intellectual Property Laws.
You agree to not to copy, or distribute any of the Xpresso Service including the MOBIGRAPH IP for any commercial purpose. You further agree that you acquire no ownership, title, right or interest of any kind in the MOBIGRAPH IP. You shall not use the MOBIGRAPH's name, logos, trademarks and any other works of authorship without MOBIGRAPH's prior written consent. You shall not copy any information or content provided in the MOBIGRAPH IP to any other website and/or wap-site or similar forums and reflect the same to be as your content or otherwise. Further, you will not copy, decompile reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Xpresso Service, any updates, or any part thereof. Any breach of these license restrictions will entitle MOBIGRAPH to terminate your access to the Xpresso Service and seek prosecution and damages. This Agreement and the restrictions herein will govern any updates, upgrades to, or supplements or replacements for, the Xpresso Service unless notified otherwise.
Notwithstanding the above, MOBIGRAPH allows you a non-exclusive, non-transferable and limited right, subject always to the appearance of the Xpresso trademark, to use the avatars/images created by you using the 2D/3D graphics designs, 2D/3D avatar characters and 2D/3D animations provided as a part of the Xpresso Service ("User Image") are solely for your personal use. All intellectual property rights in the User Image shall vest with MOBIGRAPH and save for the limited right of personal use, all other rights not granted in the User Image vest with MOBIGRAPH. Any use of the User Image shall always include the XPRESSO TRADEMARK. YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT THE USER IMAGE MAY NOT BE USED FOR ANY COMMERCIAL PURPOSE.
6. Warranty Disclaimer
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE XPRESSO SERVICE IS AT YOUR SOLE RISK AND DISCRETION.
THE XPRESSO SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND IS FOR PERSONAL USE ONLY. MOBIGRAPH RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED IN AND TO THE XPRESSO SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, MOBIGRAPH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MOBIGRAPH MAKES NO REPRESENTATION OR WARRANTY ABOUT THE COMPLETENESS OF THE XPRESSO SERVICE OR USER CONTENT, THAT THE XPRESSO SERVICES WILL MEET YOUR REQUIREMENTS, OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR WILL INCLUDE ANY UNAUTHORIZED ACCESS TO OR USE OF THE MOBIGRAPH SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; NOR DOES MOBIGRAPH MAKE ANY REPRESENTATION AND WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED THROUGH THE XPRESSO SERVICE OR THAT THE DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE ANY CONTENT AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE XPRESSO SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICES, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE XPRESSO SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT AND/OR DATA. MOBIGRAPH IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE MOBIGRAPH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS IN NO EVENT SHALL MOBIGRAPH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PERSON FOR PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR REVENUES, GOODWILL, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, LOSS OF CONFIDENTIAL INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, CORRUPTION OR LOSS OF DATA, FAILURE TO RECEIVE OR BACKUP YOUR DATA (OR ARCHIVED DATA), FOR ANY CAUSE OF ACTION, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND ANY OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY ARISING FROM OR RELATED TO THE USE OF XPRESSO SERVICE, OR FOLLOWING A FAILURE, SUSPENSION OR WITHDRAWAL OF ALL OR PART OF THE XPRESSO SERVICE AT ANY TIME, ANY THIRD PARTY CONTENT, SOFTWARE OR FUNCTIONS USED IN CONNECTION WITH THE XPRESSO SERVICE EVEN IF MOBIGRAPH OR ANY OR ALL OF ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES..
YOU SPECIFICALLY ACKNOWLEDGE THAT MOBIGRAPH SHALL NOT BE LIABLE FOR THE USER CONTENT 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.
Although the Xpresso Service may be used globally, you acknowledge that the Service is controlled and offered by MOBIGRAPH from its facilities in India. MOBIGRAPH makes no representations that the Xpresso Service is appropriate or available for use in other locations. Those who access or use the Xpresso Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Your sole remedy for dissatisfaction with the Xpresso Service is to stop using the Xpresso Service. In the event that the foregoing disclaimer of liability is held to be invalid or unenforceable, you agree that the maximum cumulative aggregate liability of MOBIGRAPH to you for all damages, losses, and causes of action whether in contract, tort including and without limitation negligence and strict liability, or otherwise at any time shall be INR 1000/- (INR One Thousand).
You agree to indemnify, defend, and hold harmless MOBIGRAPH, its parent corporation, officers, directors, employees and agents, from and against any and all claims, proceedings, damages, obligations, losses, liabilities, costs, demand or expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Xpresso Service; (ii) your violation of any terms and conditions of this Agreement; (iii) your violation of any third party right, including but not limited to infringement of any intellectual property rights, proprietary right or trade secret of any person or entity or privacy right; or (iv) any claim that any of your status submissions and User Content caused damage to a third party; (v) your negligence or willful misconduct. Indemnification obligation will survive termination of this Agreement and your use of the Xpresso Service.
In the event you have any queries/complaints regarding usage of the Xpresso Service, please contact firstname.lastname@example.org.
10. Effective Date
These Terms of Service were last revised on October 25, 2016.
Copyright © 2016 Mobigraph Solutions India Private Limited