This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. Acceptance of Terms of Service
1.1 By using http://www.135techlabs.com (the “Website” in this document), you, the End User (Company, Partnership firm, Sole proprietorship, Individual and any other entity)(“you”, “your”, or the “User” in this document) unconditionally agree to the Terms of Service (the “Terms” in this document) that we, 135 Tech Labs Pvt. Ltd. a pvt ltd company registered under companies act 1956, with our registered office at -1 Floor (West Wing) DHFLVC, Silicon Towers, Kondapur, Hyderabad – 500084, Andhra Pradesh, India (“135TL”, “we” or “us” or “our” in this document) have provided herein for use of this Website. If you do not wish to agree to the outlined Terms then please refrain from using this Website.
1.2 135 Tech Labs Pvt. Ltd. provides
1.2.1 an interactive online service HangouttTM (“Platform”) owned and operated by 135TL through the Website on the World Wide Web of the Internet (the “Web” or “Internet”) and web applications accessible on third-party social networking services, consisting of applications for mobile platforms or devices, game publisher networks (“Networks”), and Third-Party Mobile Applications, and web forums or messaging boards in Hangoutt Applications (collectively, our “Forums”).
1.2.2 information services, content and transaction capabilities provided by 135TL, its subsidiaries and its associates with whom it has business relationships (“Business Associates”) including but not limited to third parties that provide services in relation to creation, production or distribution of content for the Website (“Third Party Content Providers”), third parties that provide advertising services to 135TL (“Third Party Advertisers”) and third parties that perform function on behalf of 135TL like sending out and distributing our administrative and promotional emails and text messages (“Third Party Service Providers”).
1.2.3 web domains and subdomains, including hangoutt.com and 135techlabs.com (collectively, our “Sites”), a software development kit (“135ACE SDK”) and portal for third-party publishers (“135ACE Developer Portal”), and portal for businesses (“135MY Business Portal”). Any and all of our Hangoutt Applications, Platform, Networks, 135ACE Developer Portal, 135MY Business Portal, Sites and Forums are referred to herein as our “Hangoutt Service”.
1.3 Please read this agreement carefully. These 135TL Terms are a legally binding agreement that govern your use of Hangoutt application and/or games, social applications and downloadable mobile entertainment content offered by 135TL and located at its Website. By using or accessing the Hangoutt Service, you agree, without limitation or qualification, to be bound by these Terms.
1.5 The Website and the Service are directed solely at those who access the Website from the Republic of India. 135TL makes no representation that Service (or any goods or services) are available or otherwise suitable for use outside the Republic of India. If you choose to access the Website (or use the Service) from locations outside the Republic of India, you do so on your own initiative and are responsible for the consequences thereof.
3. Interest in Hangoutt Membership Program
3.1 Membership plans may include a bundle of credits for a defined number of individual games or Downloads (or, in some circumstances, individual game or Download) on a renewable membership basis ("Membership" or the "Membership Plan"). The Subscription plan also may include a number of text alerts per month.
3.2 The Membership Plan between you and 135TL for the Hangoutt service shall begin when 135TL, upon your request, has provided you with access to the Hangoutt Service (such access may be based on a personal username and password generated for that purpose or on other data that 135TL deems sufficient for your identification). Access to the Hangoutt Service can be provided by delivering to you games, social applications and/or downloadable mobile entertainment content that you subscribed to (i.e., an individual game or group of games) or by enabling you to download the product (e.g., by delivering a WAP-Push link or a PIN for download of the downloadable mobile entertainment content on Hangoutt website) or by providing access to the mobile entertainment content or delivering to you text messages. The membership period is 1 month. The Membership Plan (which is free of cost) and membership period will be renewed each month. The Membership Plan shall remain in effect until terminated and/or cancelled by you or 135TL.
3.3 The Hangoutt Membership Plans may include a certain defined number of HangouttCredits that entitle you to download, receive and/or access that defined number of individual downloads or Content.. The provision of credits and the making available of the possibility to download, receive and/or access mobile entertainment content is offered free for the time being. The credits for any in-game or in-app goods or downloadable content that needs a payment may be purchased at the sole discretion of the user for an amount as determined by 135TL.
3.4 Membership Registration: You may register for Membership or subscription at any time by downloading the Hangoutt Player Portal (“Hangoutt” application) available on Google Play or App Store and providing the Registration information. In addition to your username or password you may be needed to provide your mobile phone number on the Hangoutt mobile application on the mobile device and hit the submit button on the Membership sign up page. In some cases, we may utilize information provided by the Carriers to uniquely identify your account. If necessary we may send a confirmation PIN Number to the mobile phone number that you provided or send a confirmation text message requesting that you respond “Y” by text message, otherwise we are able to complete your Registration without this additional confirmation. In all cases completing the Registration process, you acknowledge and agree that:
3.4.1 you have registered for Membership for the fees specified on the Website ("Monthly Fee"), which will be billed to your designated mobile phone account or deducted from your prepaid account;
3.4.3 If we are unable to successfully bill the Monthly Fee, you will not be able to access the Membership service.
3.5 Hangoutt User Account: Upon completion of your Membership registration, you become a “Member” and will have a “Hangoutt User Account” (“HUA”) with 135TL. You will be granted access to your HUA by means of phone number, user name, and password. You are responsible for maintaining the confidentiality of your HUA information and controlling access to your HUA. You may not permit others to use your HUA, whether or not authorized by you. You must immediately notify customer service of any unauthorized use of your mobile phone number, PIN, or HUA by sending an email to email@example.com or by calling +91-40-40210525/26. You cannot have more than one HUA per mobile phone number. If you attempt to obtain more than one HUA per mobile phone number, 135TL may terminate your membership and all HangouttCreditsTM for use in connection with the Hangoutt Service in your account may be forfeited. Corporations, associations, or other groups may not participate in the Hangoutt Service or claim Rewards. It is fraudulent for any individual, company, club, association or group to use or to direct, encourage, or allow other persons to use a single Account for the purpose of accumulating or aggregating HangouttCreditsTM for combined use, unless such use is expressly permitted by 135TL.
3.6 Cancellation of Membership: Your Membership continues until it is cancelled.135TL can also cancel your membership by giving 3 days’ notice. You may cancel your Membership or subscription at any time by downloading the Hangoutt Player Portal (“Hangoutt” application) available on Google Play or App Store and editing your account, or contacting firstname.lastname@example.org or call +91-40-40210525/26. Upon cancellation you will forfeit any HangouttCreditsTM that is not used.
3.7 We may stop accepting new Membership registrations at any time.
4. Use of the Hangoutt Service
4.1 Subject to your acceptance of these Terms, 135TL grants to you a non-exclusive, non-transferable, revocable limited license to use and display the Hangoutt Service and related software (excluding source and object code) for your personal (or household) non-commercial use by any machine(s) of which you are the primary user. You agree not to use the Hangoutt Service for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in these Terms.
4.2 you will not be eligible to download the Software Development Kit (“135ACE SDK”) as it is only meant for the users enrolling for 135TL Developer Program.
4.3 By completing the registration process for Hangoutt services OR by accessing it via your mobile device by downloading mobile content to a mobile device (each a “Download”), you (1) represent that you have the consent of the subscriber of a participating mobile communications carrier to sign-up for and use the Hangoutt Service at your own discretion; and (2) agree to be bound by Terms.
4.4 We will notify you of any modifications to these Terms with one or both of the following methods: (1) we will post any modifications on the Website or within the Service, and/or (2) we will send you a message informing you of the modified terms and linking you to the posting at the Website. You agree that you will, (1) periodically check the Website for updates to these Terms, and (2) you will read the messages we send you to inform you of any changes. You agree that you will be considered to have been given notice of any modifications once we post them to the Website and that your continued use of the Service after such notice shall be deemed an acceptance of any changes.
4.5 135TL reserves the right to discontinue the Hangoutt Service or to change the content of the Hangoutt Service in any way and at any time, with or without notice to you, without liability.
4.6 Hangoutt Service is conditioned upon your compliance with these Terms and any use of the Hangoutt Service in violation of these Terms will be regarded as an infringement of 135TL’s copyrights in and to the Hangoutt Service. 135TL reserves the right to terminate your access to the Hangoutt Service without notice if you violate these Terms.
4.7 You represent that you are 18 years old or olderIf you are an entity then you agree that the person representing you is authorized by you and all his actions can be construed as your actions. you will also agree to furnish all the documents that may be required by 135TL for creation or continuation of your account.
4.8 For customer support please contact email@example.com.
4.8.1 135TL, through the Website, permits you to play free games as well as purchase a non-exclusive, revocable, non-transferable, non-assignable, personal, limited license to:
4.8.2 display or play, as the case may be, pay to play games and social applications;
4.8.3 virtual goods, in-game currency and any goods or services from our Business Associates and /or third party service providers;
4.8.4 download digital content such as sound recordings, cellular phone wallpapers, cellular phone screensavers and text messages ((4.8.1), (4.8.2) and (4.8.3), collectively, "Content")
4.8.5 display or play, as the case may be, such Content on a single cellular phone (a "Device") owned by you in accordance with the Terms as set forth in this Agreement. By way of clarification, to "purchase" the Content means to purchase the above-referenced license to display or play the Content.
4.9 Payments and Fees.
4.9.1Electronic Signatures and Contracts: Your use of the Hangoutt Service requires your ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS WEBSITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
4.9.2 Nonpayment - If, at any time thereafter, you fail to pay any amount under this Agreement when due or are otherwise in breach or default under this Agreement, 135TL may, in its sole discretion, and without prejudice to its other rights, immediately terminate your use of the Service and revoke your license to the Content. Late payments hereunder will accrue interest at the rate of two percent per month or the highest rate allowed by applicable law, whichever is lower.
4.10 System Requirements: Use of the Hangoutt Service requires a compatible Device, compatible computer, Internet access (fees may apply), and certain software (separate fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Hangoutt Service and Content involves hardware, software, and Internet access, your ability to use the Hangoutt Service and Content may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. In light of the foregoing, you acknowledge and agree that you will not be entitled to any refund for any Fees you pay for the Content if the Content is incompatible with your Device
4.11 Interruptions or Discontinuation of Hangoutt Service: 135TL reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel the Hangoutt Service, or portions thereof, with or without notice to you. If you have any subscription with the Hangoutt Service, or any part thereof, and that subscription is permanently discontinued or canceled by 135TL, we will cancel your Subscription Plan and not liable to reimburse any pre-paid fees related to such Hangoutt Service.
5. Intellectual Property Rights
5.1 All materials that are part of the Hangoutt Service, including, but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are owned, controlled, or licensed by 13
5TL and are protected by law from unauthorized use. The entire contents of the Hangoutt Service are copyrighted under the India’s copyright laws and/or similar laws of other jurisdictions. The trade names 135 ACE SDK, HANGOUTT and the logos associated therewith are trademarks of 135TL and may not be used without the express written permission of 135TL. All games ("Games") and social applications ("Applications") that are published by 135TL and licensed and/or developed for 135TL are the property of 135TL and may not be used without the express written permission of 135TL.
5.2 You do not acquire any ownership rights by using the Hangoutt Service, downloading material from or uploading material to the Hangoutt Service, or by purchasing any goods or services.
5.3 You agree not to copy, redistribute, publish or otherwise exploit material from the Hangoutt Service, except as expressly permitted herein, without the express prior written permission of 135TL.
5.4 All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to 135TL in connection with the use of the Hangoutt Service shall be the exclusive property of 135TL. You agree that unless otherwise prohibited by law, 135TL may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.
6. Virtual Goods, Virtual Currencies, Rewards and Third Party Goods
6.1 The Hangoutt Service may include virtual, in-game currency ("Virtual Currency") including, but not limited to coins, cash, or credits that may be purchased from 135TL if you are a legal adult in your country of residence. The Hangoutt Service may also include virtual, in-game digital items ("Virtual Goods") that may be purchased from 135TL, including by use of Virtual Currency. Virtual Currency and Virtual Goods may never be redeemed for legal currency of any kind, goods or other items of monetary value from 135TL or any other party.
6.2 The Hangoutt Service may include third party goods and/or rewards from our Business Associates, which may be purchased (if you are a legal adult in your country of residence) from the Business Associates or 135TL depending on the agreement between the Business Associate and 135TL. Details of the purchase (mode and vendor, if 135TL or Business Associate) will be made available to the user before any purchase, upon which, it depends on the user to proceed with the purchase or drop it.
6.3 Other than a limited, personal, revocable, non-transferable, non-sub licensable license to use the Virtual Goods, Virtual Currency, Rewards and Third party Goods in the Hangoutt Service, you have no right or title in or to any such Virtual Goods, Virtual Currency, Rewards and Third party Goods appearing or originating in the Hangoutt Service or any other attributes associated with use of the Hangoutt Service or stored within the Hangoutt Service.
6.4 135TL has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Goods, Virtual Currency, Rewards and Third party Goods as it sees fit in its sole discretion, and 135TL shall have no liability to you or anyone for the exercise of such rights. Virtual goods and currency that are purchased through 135TL and remain unused or applied to a specific game for a period of 30 days may expire after the 30 days of non-use and therefore, cannot be used to purchase and other virtual goods or virtual currency after this 30 day period.
6.5 Transfers of Virtual Goods, Virtual Currency, Rewards and Third party Goods are strictly prohibited except where explicitly authorized within the Hangoutt Service. Use of Virtual Currency or Virtual Goods for any purpose other than the Hangoutt Service is strictly prohibited and any attempt to do so is a violation of these Terms. Such transfers may result in a lifetime ban from the Hangoutt Service and possible legal action.
6.6 You agree that all sales of Virtual Goods, Virtual Currency, Rewards and Third party Goods are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in 135TL’s sole and absolute discretion, or if 135TL discontinues providing the Hangoutt Service.
6.7 When completing your registration, please follow all subsequent prompts to complete the registration process. Failure to follow all such prompts may result in unused or expired credits or Virtual Currency. Notwithstanding the foregoing, you will automatically be billed in accordance with the billing provisions below upon registering for a Membership, regardless of whether you properly follow all prompts to activate your credits or Virtual Currency. If you have any questions with respect to the foregoing, please contact firstname.lastname@example.org --.
7. User-Generated Content
7.1 The Hangoutt Service may invite you to chat or participate in blogs, message boards, online forums and other functionalities and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to 135TL and/or to or via the Hangoutt Service, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively "User Content"). Any material you transmit to 135TL will be treated as non-confidential and non-proprietary.
7.2 By submitting any User Content, you agree that:
7.2.1 your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these Terms,
7.2.2 135TL is merely acting as a passive conduit for the distribution of your User Content and shall not incur any obligations or liability arising out of your User Content or licenses you grant thereto,
7.2.3 you hereby waive any moral rights you may have to your User Content, and (4) all of your User Content is true and accurate.
7.3 By submitting any User Content, you grant to 135TL the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats, on or through any and all media, software, formula or medium now known or hereafter known, and with any technology or devices now known or hereafter developed and to advertise, market and promote same without compensation to you and without any obligation of confidentiality.
7.4 135TL has no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, but 135TL does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.
7.5 135TL has no obligation to accept, display, review, monitor, or maintain any User Content. We have the right to delete User Content from the Hangoutt Service without notice for any reason at any time. 135TL may move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you and without liability. 135TL reserves the right to treat User Content as content stored at the direction of users for which 135TL will not exercise editorial control; provided, however that 135TL shall have the right to exercise any control over User Content as may be necessary to enforce the rights of third parties and all of the restrictions set forth in this Agreement.
7.6 You acknowledge that you do not rely on 135TL to monitor or edit the Hangoutt Service and that the Hangoutt Service may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.
8. Posting on Other Websites
8.1 You are granted a limited revocable license to post an image of your personal avatar, a screen shot from your HUA with the Hangoutt Service, and any other materials that 135TL specifically gives you notice may be posted on your own personal web site or a third party web site that permits posting of content at the direction of users, provided that such third party web site
8.1.1 is not commercially competitive to 135TL,
8.1.2 does not criticize or injure 135TL,
8.1.3 does not obtain any rights to such content other than a non-exclusive license to post it at your direction, and
8.1.4 Does not charge for access to such content or associated products, services or advertising with such content. The web site where the link of such avatar or screen shot resides and all other locations to which such site links (each, an "Authorized Web Site") shall comply with all applicable laws and shall not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene, illegal/unlawful or otherwise objectionable information, topic, name or other material. Notwithstanding the foregoing, all of 135TL’s rights and remedies with respect to User Content, including, but not limited to all material posted on any Authorized Web Site, are expressly reserved and 135TL may revoke the limited license granted in this Section 5.1, in whole or in part, at any time without notice.
8.2 Conditions on Posting on Other Web Sites: Without limitation, the following Terms apply to your posting of a copy of your avatar and/or screen shots on an Authorized Web Site:
8.2.1 You must display a prominent link to the Site in connection with any material you post on an Authorized Website, including, without limitation, in e-mails you are sending friends; and
8.2.2 You agree to include, and not remove or alter any 135TL trademark, copyright or other proprietary rights notices, as provided by 135TL on the Hangoutt Service and within e-mail page(s) when displaying an avatar or images from a Game and/or Application, and you agree to comply with all usage guidelines that may be provided by 135TL from time to time. You agree that all goodwill that arises in connection with your use of 135TL’s trademarks inures exclusively to 135TL and you agree not to challenge 135TL’s ownership or control of any 135TL trademarks or use or adopt any trademarks that might be confusingly similar to such 135TL trademarks.
8.3 Third Party Links: 135TL is not responsible in any way for, and does not guarantee the availability of any email from or links to third party websites and resources which may be accessed through the Hangoutt website. In addition, 135TL does not endorse and is not responsible or liable for any content, advertising, goods or services, or other materials on or available from such Web sites or resources.
8.4 Infringer Policy: If you believe that any material available through the Hangoutt website or Hangoutt Service infringes upon any copyright you own or control, or that any link on the Hangoutt website directs users to another Website that contains material that you own or control, you may file a notification of such infringement with 135TL as outlined in these Terms.
9. Rules of Conduct
9.1 As a condition of your use and access to the Hangoutt Service, you agree that your use of and conduct on the Hangoutt Service shall be lawful and your User Content will not:
9.1.1 include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
9.1.2 include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
9.1.3 defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;
9.1.4 promote violence or describe how to perform a violent act;
9.1.5 violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity; or
9.1.6 Be in violation of these Terms or the game rules of conduct ((8.1.1) through (8.1.6), collectively "Content Restrictions").
9.2 You further agree that you and your activities on the Hangoutt Service will not:
9.2.1 reveal any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
9.2.2 attempt to impersonate any other party, including, but not limited to a 135TL employee, host, or representative;
9.2.3 create hangoutt user accounts by automated means or under false pretenses or mislead others as to the origins of your communications;
9.2.4 trick, defraud or mislead 135TL and other Hangoutt Service users, especially in any attempt to learn sensitive account information such as passwords;
9.2.5 make improper use of 135TL’s support services or submit false reports of abuse or misconduct;
9.2.6 engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or other multi-tiered marketing scheme;
9.2.7 disparage, tarnish, or otherwise harm, in 135TL’s opinion, 135TL and/or the Hangoutt Service;
9.2.8 violate these Terms or any local, state, federal or international law, rule or regulation or any other requirements or restrictions posted by 135TL on the Hangoutt Service;
9.2.9 disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
9.2.10 upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party's uninterrupted use and enjoyment of the Hangoutt Service and User Content or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Hangoutt Service or any User Content;
9.2.12 reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Hangoutt Service creates to generate web pages or any software or other products or processes accessible through the Hangoutt Service;
9.2.13 upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (gifs), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as spyware, passive collection mechanisms or PCMs);
9.2.14 except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot or bot, cheat utility, scraper or offline reader that accesses the Hangoutt Service, or use or launch any unauthorized script or other software;
9.2.15 cover or obscure any notice, banner or advertisement on the Hangoutt Service;
9.2.16 disguise the source of your User Content or other information you submit to the Hangoutt Service or use tools which anonymize your internet protocol address (e.g., anonymous proxy) to access the Hangoutt Service;
9.2.17 interfere with or circumvent any security feature of the Hangoutt Service or any feature that restricts or enforces limitations on use of or access to the Hangoutt Service or the User Content;
9.2.18 sell the Hangoutt Service or any part thereof, including but not limited to Virtual Goods, Virtual Currency, or user accounts and access to them in exchange for legal currency of any kind or any items of monetary value; or
9.2.19 Engage in cheating or any other activity deemed by 135TL to be in conflict with the spirit or intent of the Hangoutt Service.
9.2.20 135TL is not liable for any such incidents as mentioned in the above clauses (done by one user to malign the other user) and can remove your account without informing you. However you can inform 135TL about such activity being conducted by other user on the website or through the application, upon which 135TL can suspend or close the account of the user who is responsible for such actions.
9.3 You acknowledge that some of the Content or communications on the Hangoutt Service may be offensive to you or to others who you may expose, deliberately or inadvertently, to the Content or the Hangoutt Service. You agree to be responsible for previewing any Content, when available, prior to requesting Content or Download. You also agree that you will be solely responsible for any aspect of the Hangoutt Service that you or others might find objectionable.
9.4 135TL does not control or endorse the content, messages, information, or any products or services found in User Content portions of the Hangoutt Service or external sites that may be linked to or from the Games or Applications (and the forums thereto), the Website and the Hangoutt Service. 135TL has no control over these linked sites, all of which have separate terms, privacy practices and data collection practices, independent of 135TL. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, 135TL specifically disclaims any responsibility with regard to linked sites if such linked sites: infringe any third party’s intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.
9.5 The restrictions set forth in this Section 8 are provided as an example rather than as a limitation and you hereby agree to comply with any additional rules specifically applicable to Games and Applications.
10. Privacy and Protection of Personal Information.
11. Termination: You agree that 135TL may, without cause or prior notice, and without liability to you or any third party, immediately terminate your account to the Hangoutt Service, any associated e-mail addresses, any accumulated rewards or Virtual Currency or Virtual Goods, and access to your account.
11.1 Cause for termination shall include, but not be limited to,
11.1.1 breaches or violations of the Terms or other incorporated agreements or guidelines,
11.1.2 requests by law enforcement or other government agencies,
11.1.3 a request by you (self-initiated account deletions),
11.1.4 discontinuance or material modification to the Hangoutt Service (or any part thereof),
11.1.5 technical or security issues or problems,
11.1.7 engagement by you in fraudulent or illegal activities,
11.1.8 nonpayment of any fees owed by you in connection with the Hangoutt Service, and/or
11.1.9 No cause at all.
11.2 Termination of your account to the Hangoutt Service includes
11.2.1 Removal of access to all offerings and features of the Hangoutt Service,
11.2.2 Deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and
11.2.3 Barring of further use of your account. Further, you agree that all terminations for cause shall be made in 135TL’s sole discretion and that 135TL shall not be liable to you or any third party for any termination of your account, any associated email address, or access to your account.
12.1 If you gave us your email address when you registered, we may use it to send you via such email address Hangoutt newsletters, product updates, service-related information and other offers and information from 135TL or its business associates, and you hereby consent to such emails. 135TL also may contact you by email to respond to any customer service inquiries you submit. We do not disclose your email address to business associates or to anyone other than employees and agents working for or on behalf of 135TL, except as required by subpoenas, court orders, or legal requirements. If you do not want to receive Hangoutt newsletters, offers, and product and service information, simply click the unsubscribe link at the bottom of the email newsletter.
13.1 135TL reserves the right to offer, from time to time and at its sole discretion, various sales and marketing promotions for limited periods of time including sweepstakes with prizes. 135TL reserves the right to withdraw a promotion at any time and without prior notice of any kind.
14.1 We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users or Business Associates of 135TL or the Hangoutt Service. If you have a dispute with other users or Business Associates of 135TL or the Hangoutt Service, you forever release 135TL (and 135TL’s officers, directors, agents, subsidiaries, joint ventures and employees) and hereby agree to indemnify 135TL from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
15. NO WARRANTIES.
15.1 YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE. YOU ASSUME ALL RESPONSIBILITIES FOR SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
16. Indemnification – you agree to indemnify 135TL for all actions, claims, losses, damages, costs and liabilities which the Indemnified Party suffers or incurs or is liable for as result of or in respect of any material breach of the terms, conditions, covenants, representations and warranties under this Agreement
17. LIMITATION OF LIABILITY
17.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT 135 TECH LABS PRIVATE LIMITED, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT 135 TECH LABS PRIVATE LIMITED OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
18. Controlling Law and Jurisdiction
18.1 These Terms and any action related thereto will be governed by the laws of India and Jurisdiction of Hyderabad, India.
19.1 Should you have any questions concerning this Agreement, or if you desire to contact Company for any reason, please direct all correspondence to email@example.comI HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.