END USER LICENSE AGREEMENT Licensed Application Documentation
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE
DOWNLOADING iCouchApp APPLICATION.
The Products transacted through the Service are licensed, not sold, to You for use
only under the terms of this license, unless a Product is accompanied by a separate
license agreement, in which case the terms of that separate license agreement will
govern, subject to Your prior acceptance of that separate license agreement. The
licensor (“Application Provider”) reserves all rights not expressly granted to You.
The Product that is subject to this license is referred to in this license as the
Scope of License:
By downloading, accessing and/or using licensed application iCouchApp owned by INiD
Digimedia Pvt Ltd (“INiD Digimedia”) you signify that you have read, understand
and agree to be bound by all of the terms and conditions as set forth in this End
User License Agreement (“Agreement”). INiD Digimedia’s Disclosure and Disclaimer
and Mobile Application Privacy Statement are subject to and incorporated by reference
into this Agreement (collectively, the “Licensed Application Documentation”).
INiD Digimedia may change the terms of the Agreement at any time and without notice,
effective upon the posting of the revised Agreement. Your continued use of the Licensed
Application shall be considered your acceptance of the revised Agreement. You must
have the most current version of the Licensed Application to ensure that it is working
properly. It is your responsibility to periodically check the Licensed Application
and/or our website at www.icouchapp.com, to determine if you have the most current
version of the Licensed Application. If you do not agree to this Agreement, please
do not download the Licensed Application.
The Licensed Application is provided subject to all of the terms set forth in the
Mobile Licensed Application Documentation. INiD Digimedia does not warrant that:
(i) its Licensed Application will be constantly available, or available at all;
(ii) that the information in this Licensed Application is complete, true, accurate,
or (iii) your opt-out choices will be successfully executed in all cases. INiD Digimedia
does not warrant that the Licensed Application is free of defects or errors.
Limitations of Liability and Indemnification
THE DOWNLOADING AND/OR USE OF THE LICENSED APPLICATION IS ENTIRELY AT YOUR OWN RISK
AND IN NO EVENT SHALL INID DIGIMEDIA BE LIABLE (WHETHER UNDER THE LAW OF CONTRACTS,
TORTS OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, PUNITIVE OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES
OR LIABILITIES (COLLECTIVELY “DAMAGES”) WHATSOEVER ARISING OUT OF OR RELATING TO
THIS LICENSED APPLICATION.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE LICENSED APPLICATION
IS TO STOP USING THE LICENSED APPLICATION. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD
INID DIGIMEDIA PVT LTD , AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES
AND AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, LIABILITIES,
JUDGMENTS, AND SETTLEMENTS, INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL FEES
RESULTING FROM OR ALLEGED TO RESULT FROM YOUR USE OF THIS LICENSED APPLICATION.
If any provision of this Agreement is, or is found to be, unenforceable under applicable
law, that will not affect the enforceability of the other provisions of this Agreement.
Ownership of Intellectual Property of Third Party Content
Third party content containing Intellectual Rights are displayed only for the non-commercial
purposes. INiD Digimedia makes no claim to ownership rights of any kind, in any
third party text, files, images, photos, video, sounds, musical works, works of
authorship, or any other third party materials published on the Licensed Application’s
Ownership of Intellectual Property and Limited License
All intellectual property to this Licensed Application, including all Licensed Application
material except Third Party Content as mentioned above displayed for non-commercial
purposes, is protected by copyright, trademark, or patent laws, and is owned exclusively
by INiD Digimedia. Intellectual property, includes, but is not limited to, computer
or software code, scripts, design elements, graphics, interactive features, artwork,
text communication, and any other content that may be found on or in the Licensed
Application. All trademarks, service marks and trade names are owned, registered
and/or licensed by INiD Digimedia.
INiD Digimedia grants to you a worldwide, non-exclusive, royalty-free, revocable
license to: download this Licensed Application to a mobile devise via a web browser
or Licensed Application stores like Apple App Store, Android Play store, Windows
App store; use this Licensed Application as herein set forth; copy and store this
Licensed Application and the material on this Licensed Application in your web browser
cache memory; and print pages from this Licensed Application for your own personal
and non-commercial use. INiD Digimedia does not grant you any other rights whatsoever
in relation to this Licensed Application or the material on this Licensed Application.
All other rights are expressly reserved by INiD Digimedia.
Use and Prohibited Use Restrictions
You may use the Licensed Application only for your own personal, non-commercial
use. For commercial use, an agreement is required to be done with INiD Digimedia.
You are strictly prohibited from, and agree that you will not, adapt, edit, change,
modify, transform, publish, republish, distribute, or redistribute this Licensed
Application or the material on this Licensed Application (in any form or media)
without INiD Digimedia’ s prior written consent. You agree not to use any automated
data collection methods, data mining, robots, or scraping or any data gathering
methods of any kind on this Licensed Application.
Enforcement of Copyright and Protection of Intellectual Property
If INiD Digimedia discovers that you have used its copyrighted or other protected
materials in contravention of the terms of the license above, INiD Digimedia may
bring legal proceedings against you, seeking monetary damages and an injunction
against you. You could also be ordered to pay legal fees and costs. If you become
aware of any use of INiD Digimedia's copyright or protected materials that contravenes
or may contravene the terms of the license above, immediately report this by email
to email@example.com or by speed post to INiD Digimedia Pvt Ltd , Suite 102,
C-104, Sector 65, Noida- 201301, Uttar Pradesh, India care of Legal Department.
Effect of Refunds.
If a refund of the purchase price of a Product is issued to you for any reason,
you will no longer have the right to access the relevant Product.
Select, Copy and Paste.
Select, copy and paste functions may be available for some text-based Products,
and you must use these features within the prescribed limits and only for personal
Changes to these Terms.
If these Terms change, you will be asked to accept new terms before you next purchase
Products. Once you have accepted the new terms, they will apply to your use of all
Products (including Products you have purchased in the past) and all subsequent
purchases, until we notify you of further changes.
If you refuse to accept the updated terms then you will not be able to buy any further
Products through INiD Digimedia, and the latest version of these Terms that you
accepted will continue to apply to your use of Products. In this case we will, if
we are able to do so, give you a reasonable period of time in which to download
a copy of any Product you have previously bought from INiD Digimedia to your Device,
and you may continue to view that copy of the Product on your Devices in accordance
with the last version of these Terms that you accepted.
After that time has expired, you will not be given a further opportunity to download
the Products you have previously bought and it is possible that you will no longer
be able to INiD Digimedia to access or use the Products you have already bought
or related support services. To do so you may also need to create a new account.
Governing Law and Dispute Resolution
The laws of India apply to these Terms and will apply to any disputes arising out
of or relating to these Terms. Claims arising out of or relating to these Terms
will be subject to the exclusive jurisdiction of the Indian courts located within
the Delhi area.
INiD Digimedia Pvt Ltd may be contacted by mail to INiD Digimedia Pvt Ltd , Suite
102, C-104, Sector 65, Noida- 201301, Uttar Pradesh, India or by email at firstname.lastname@example.org.
Our phone number is 0120-4734732.
Disclosure and Disclaimer
This mobile Licensed Application (“Licensed Application) will provide you with an
easy method for opting-out of behaviorally targeted advertisements on your mobile
device. When you use the Licensed Application to opt-out of the collection or use
of data from your mobile device, the Licensed Application will provide notice of
your election to the applicable company that is collecting your information on your
mobile device. However, it is the applicable company that is collecting information
on your mobile device that is ultimately responsible for honoring your opt-out election,
not INiD Digimedia.
The Licensed Application provided by INiD Digimedia Private Limited, Inc. (“INiD
Digimedia”) is provided "as is" without warranty of any kind. INiD Digimedia expressly
disclaims any warranty, regarding the Licensed Application including any implied
warranty of merchantability, fitness for a particular purpose, or for failure of
performance. INiD Digimedia does not warrant that the Licensed Application will
be free from defects or errors. You agree that downloading and use of the Licensed
Application is at your own risk and that INiD Digimedia is not responsible for any
damages or losses whatsoever resulting from your downloading or use of, or your
reliance upon, the Licensed Application. By downloading the Licensed Application
you expressly agree to hold INiD Digimedia harmless from any loss, harm, injury,
or damage whatsoever resulting from or arising out of your use of the Licensed Application.
This Disclosure and Disclaimer is subject to the Mobile End User License Agreement.
Licensed Application Privacy Statement Effective as of 20th
INiD Digimedia Private Limited, Inc. ("INiD Digimedia "), owns this mobile application
named iCouchApp (the "Application"). This Licensed Application Privacy Statement
("Privacy Statement") discloses INiD Digimedia's privacy practices concerning the
Application. The Privacy Statement is subject to and incorporated into the INiD
Digimedia Mobile End User License Agreement. INiD Digimedia desires to provide consumers
with transparency and control over being tracked as they traverse the Internet.
We do not track Internet behavior; rather we facilitate, through the Application,
your ability to exert your control and choice whether or not to be tracked on your
mobile device. In order to help you exert your control and choice, we need to collect
the information described in the section entitled Data Collected by Us.
Consent to Use of Data:
You agree that Application Provider may collect and use technical data and related
information, including but not limited to technical information about Your device,
system and application software, and peripherals, that is gathered periodically
to facilitate the provision of software updates, product support and other services
to You (if any) related to the Licensed Application. Application Provider may use
this information, as long as it is in a form that does not personally identify You,
to improve its products or to provide services or technologies to You.
Opting-Out in the Mobile Environment.
The companies that are listed in the Application may use a variety of mechanisms
to track mobile device users for purposes that include, but are not limited to,
personalized advertising and application analytics. For more information about those
companies and their privacy practices, you should visit their websites, as their
privacy practices may differ from ours. Those companies may track users as they
traverse the Internet on their mobile devices. INiD Digimedia works with those companies
in order to facilitate your control and choice over being tracked. In order to do
this, the Application collects the same ID mechanisms that the tracking companies
utilize. When you use the Application to opt-out of being tracked by these companies,
INiD Digimedia sends the tracking company the identifiers that they use to track
use. At that point, it is incumbent upon the tracking company, and not INiD Digimedia,
to honor your opt-out request and stop further tracking of you.
Sharing Your Information.
Except as disclosed in this Privacy Statement, INiD Digimedia does not rent, sell
or share the information you have allowed us to collect with third parties without
your permission. However, we may share your information without your permission
(i) pursuant to judicial or other government subpoenas, warrants, or orders or otherwise
to comply with law; (ii) where INiD Digimedia believes the rights, property or an
individual's safety or security is at risk; (iii) if INiD Digimedia finds that your
actions violate our End User License Agreement; or (iv) where otherwise required
Retention of Information.
Subject to the disclosures in this Privacy Statement and applicable law, we will
retain your information as necessary to comply with our legal obligations, resolve
disputes, and enforce our agreements.
INiD Digimedia is committed to protecting the safety and privacy of young people
using the Internet. Our services, products and websites are not directed at children
under the age of 13 and we do not knowingly collect personal information from children
under the age of 13.
Our Commitment to Security.
INiD Digimedia has appropriate physical, administrative and technical safeguards
procedures in place, which are designed to protect and safeguard your data. Of course,
although INiD Digimedia uses standard industry practices to protect and safeguard
your data, we cannot guarantee that your communications with INiD Digimedia or your
data will never be unlawfully intercepted, or that your data will never be unlawfully
accessed by unauthorized third parties.
Changes to the Privacy Statement.
INiD Digimedia reserves the right to modify the Privacy Statement as business needs
require. If we decide to change the Privacy Statement, we will post those changes
here so that you will always know what information we gather, how we might use that
information and whether we will disclose it to anyone. All changes will be posted
on www.iDubba.com and on the Application at the time they take effect.
We can be contacted at any time at email@example.com or INiD Digimedia Private
Limited, Privacy Department, Suite 102, C-104, Sector 65, Noida- 201301, Uttar Pradesh,
India or by telephone at 0120-4734732.