1. ACCEPTANCE OF TERMS
The web pages available at www.citizensocial.com (website) and the CitizenSocial services that are accessible over other channels including and not restricted to phone,(SMS, Mobile browsing, mobile applications) etc which are together referred to as CitzenSocial., and all linked pages ("Site"), are owned and operated by Wignite Software Innovations Pvt Ltd ("Wignite") and is accessed by you under the Terms of Use described below ("Terms of Use").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE CITIZENSOCIAL. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE THE CONTENT OR ANY SERVICES OF CITIZENSOCIAL. CITIZENSOCIAL'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY CITIZENSOCIAL, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
2. MODIFICATIONS OF TERMS OF USE
CITIZENSOCIAL reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, citizensocial will notify you by posting an announcement on the Site. What constitutes a "material change" will be determined at CitizenSocial's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.
3. DESCRIPTION OF SERVICE
Subject to full compliance with the Terms of Use, CitizenSocial may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content CitzenSocial performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content"). CitizenSocial may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. CitizenSocial may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
4. YOUR REGISTRATION OBLIGATIONS
As a condition to using Services, you are required to register with CitizenSocial with your email address, name (first name and lastname together referred to as Display Name) and select a password. You shall provide CitizenSocial with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your CitizenSocial account. You may not (i) select or use as a display name of another person with the intent to impersonate that person; (ii) use as a display name, a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Display Name, a name that is otherwise offensive, vulgar or obscene. CitizenSocial reserves the right to refuse registration of, or cancel a user registration in its discretion. You shall be responsible for maintaining the confidentiality of your CitizenSocial password.
Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.
5. USER CONDUCT
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by CitizenSocial.
By way of example, and not as a limitation, you agree not to use the Services:
to abuse, harass, threaten, impersonate or intimidate other CitizenSocial users;
to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party;
for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any CitizenSocial user;
to create or submit unwanted email ("Spam") to any other CitizenSocial users or any URL;
to violate any laws in your jurisdiction (including but not limited to copyright laws);
to submit reports, stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
with the intention of artificially inflating or altering the 'CitizenSocial count', comments, or any other CitizenSocial service, including by way of creating separate user accounts for the purpose of artificially altering CitizenSocial's services; giving or receiving money or other remuneration in exchange for votes; or participating in any other organized effort that in any way artificially alters the results of CitizenSocial's services;
to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
attempt to impersonate another user or person;
Avail the Services or use the Website Content for any purpose except for your own personal use;
Circumvent or disable any digital rights management, usage rules, or other security features of the Service;
Use the Service in a manner that threatens the integrity, performance, or availability of the Services; or
sell or otherwise transfer your profile.
IN ADDITION, YOU HEREBY AGREE THAT YOU SHALL NOT USE THE SERVICE (INCLUDING, WITHOUT LIMITATION, BY "USING VOTING FEATURES SUCH AS “I WANT THIS FIXED”, “I THANK” OF THE CITIZENSOCIAL") ON BEHALF OF (OR PER THE REQUEST OR INSTRUCTION OF) ANY THIRD PARTY. FURTHERMORE, YOU SHALL NOT REQUEST THAT ANY THIRD PARTY, OR PAY OR OTHERWISE ATTEMPT TO INFLUENCE ANY THIRD TO, MANIPULATE OR OTHERWISE AFFECT THE SITE IN ANY MANNER (INCLUDING, WITHOUT LIMITATION, BY PAYING ANY OTHER USER TO “VOTE” ANY CONTENT).
CitizenSocial may remove any Content and CitizenSocial accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: abuse [at] wignite [dot] com.
You are solely responsible for your interactions with other users of the Site. CitizenSocial reserves the right, but has no obligation, to monitor disputes between you and other users.
6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
By creating and posting Content to CitizenSocial, you warrant that you own all rights to the Content, agree that the Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Wignite, the following worldwide, royalty-free and non-exclusive license(s) – “the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available.”
7. COPYRIGHT COMPLAINTS
CitizenSocial respects the intellectual property of others. It is CitizenSocial's policy to respond expeditiously to claims of copyright and other intellectual property infringement. CitizenSocial will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, CitizenSocial may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. CitizenSocial will terminate access for subscribers and account holders who are repeat infringers.
Notifying CitizenSocial of Copyright Infringement: To provide CitizenSocial notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of abuse [at] wignite [dot] com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Providing CitizenSocial with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide CitizenSocial with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at abuse [at] wignite [dot] com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
8. CITIZENSOCIAL PRIVACY POLICY
CitizenSocial's current privacy policy is available at CitizenSocial.com/privacy (the "Privacy Policy"), which is incorporated by this reference.
9. INDEMNITY
You will indemnify and hold harmless CitizenSocial, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or CitizenSocial Display name, of any intellectual property or other right of any person or entity.
10. WARRANTY DISCLAIMERS
You acknowledge that CitizenSocial has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release CitizenSocial from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. CitizenSocial makes no representations concerning any content contained in or accessed through the Site or Services, and CitizenSocial will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. LINKS
The Services may provide, or third parties may provide, links to other internet sites or resources. Because CitizenSocial has no control over such sites and resources, you acknowledge and agree that CitizenSocial is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that CitizenSocial shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL CITIZENSOCIAL OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) 1000 INR. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
13. TERMINATION
CitizenSocial may terminate or suspend any and all Services and your CitizenSocial account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your CitizenSocial account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14. CONTRIBUTIONS TO CITIZENSOCIAL
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to CitizenSocial through its suggestion or feedback webpages or emails, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) CitizenSocial is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) CitizenSocial shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) CitizenSocial may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of CitizenSocial without any obligation of CitizenSocial to you; and (f) you are not entitled to any compensation or reimbursement of any kind from CitizenSocial under any circumstances.
15. Content in the Services:
You understand that all information (such as files, graphics, links, messages, data files, written text, software, music, audio files or other sounds, photographs, videos or other images, communication or other materials), whether publicly posted or privately transmitted, which you may have access to as part of, or through your use of the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content". Wignite does not control the Content posted or transmitted in any way via the Services and, as such, does not guarantee the accuracy, integrity or quality, completeness, reliability, fitness for any particular purpose or usefulness of such Content.
8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Wignite (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Wignite or by the owners of that Content, in a separate agreement.
8.3 Wignite reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, Wignite may provide for filtering of certain explicit content (such as explicit sexual content, contents provoking violence, drug, strong racial/ethnic slurs or any other content which the Wignite considers explicit or unacceptable or unreasonable). If you come across any such explicit content while availing the Service, you may report the same to Wignite at abuse [at] wignite [dot] com.
8.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8.5 You agree that you are solely responsible for (and that Wignite has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Wignite may suffer) by doing so.
8.6 You agree to resolve directly and exclusively with third parties any disputes you may have about Content that they have posted or transmitted via the Services. In this regard, you understand that Wignite does not monitor or control the Content posted by others, and instead simply provides a service by allowing users to access information that has been made available.
15. LANGUAGE OF CITIZENSOCIAL
Wignite may, at its sole discretion and without giving any notice or obtaining your consent, provide you the CitizenSocial service or any part thereof in English language and/or in any other language as it may desire/determine from time to time.
16. LEGAL NOTICES
The Terms, and your relationship with Wignite under the Terms, shall be governed by the laws of India without regard to its conflict of laws provisions. Any legal actions against Wignite must be commenced at Hyderabad in the State of Andhra Pradesh, India within one year after the claim arose. You consent to the exclusive jurisdiction and venue of the state courts of competent jurisdiction located at Hyderabad in the State of Andhra Pradesh. You and Wignite agree to submit to the exclusive jurisdiction of the courts located within the country of India to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Wignite shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Wignite makes no representation that the Services or Software is appropriate or available for use in all countries, and prohibits accessing the Services or Software from any jurisdiction that does not enforce agreements with respect to governing law, including without limitation the governing law provision in the foregoing paragraph. You access the Services or Software on your own initiative and at your own risk and are responsible for compliance with all laws applicable to your use of the Service or Software. Please note that the Service and Software is hosted on the computer servers not located in India and therefore, any and all data, information or any other personally identifiable data submitted to us by you, whether directly or indirectly, in connection with the Services or Software may be transferred to the country in which the server is located (and we would be bound by relevant of laws of that country), a jurisdiction that might not provide an equivalent level of protection as the data protection laws in your home country. You agree that by using of the Service or Software or submitting any personally identifiable information you thereby expressly consent to and authorize these transfers.
