Terms & Conditions
Datawind, Inc. (“Datawind“, “us“, or “we“) provides in connectionwith the Datawind Deviceand the Datawind website, located at http://www.datawind.com, and all subdirectories or sub-extensions thereof(collectively, the “Website“), services that allow Users to explore theInternet, or run various other applications on their device (the“Datawind Services”). The services offered by us include the DatawindServices, the Website, the Device, and any other features, content, or,applications offered from time to time by us in connection with the Datawind Services and Website (collectively, the “Services”).
Before using this device, the User must agree with the terms of serviceas follows. Following this message, the User will be asked to provide their demographical information. This information will be used to enhance andpersonalize the User’s experience when using applications on the User’sdevice through relevant advertising. This information will not be soldto any outside agency, nor will it be stored anywhere but inside theUser’s device. By agreeing with these terms of service, the User agrees to an ad-sponsored experience on the applications used on this device.The User also acknowledges that some personal information may be sharedin this process, that mobile signal strength may vary based on theUser’s location and in no way is Datawind or this device responsible for poorconnectivity, that the User has read and accepted the safetyinstructions included in the Quick Start Guide and/or Manual and thatthe User will use this device in accordance with all governing laws withrespect to the use of a mobile device.
1. DATAWIND ACCOUNT
1.1 Eligibility By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) youwill maintain the accuracy of such information; (c) you are thirteen(13) years of age or older or have parental consent; and (d) your use ofthe Services does not violate any applicable law or regulation. Your Datawind Profile may be deleted without warning if we have reason tobelieve that you do not meet the eligibility requirements.
1.2 Fees You acknowledge that we reserve the right to charge for the Services andto change the fees from time to time in our discretion, upon notice toyou at the then-current e-mail address stored in your Datawind Profile.Upon using the Services, you will be responsible for the payment of anyapplicable fees, and shall pay such fees to us.
1.3 Term This Agreement shall remain in full force and effect while you use theServices or are a Datawind Member. You may delete your Datawind Profileand end your membership at any time, for any reason by contactingDatawind Customer Support. We may terminate your membership forfraudulent use of the device, effective upon sending notice to you atthe then-current e-mail address in your Datawind Profile.
1.4 Effects of Termination
You understand that termination of this Agreement and your Datawind Profile may involve deletion of your Datawind Profile information fromour live databases. We will not have any liability whatsoever to you forany termination of your Datawind Profile or related deletion of yourinformation. Finally, when an account is terminated, we reserve theright to re-issue the username you had selected (for the now deletedaccount).
The Device and Website are made available to you for your personal,non-commercial use only (at home or at work). You may not modify,reproduce, distribute, publish, license, create derivative works from orsell any information or software associated with the Website, withoutfirst obtaining written permission from Datawind by contacting us at thefollowing email address: firstname.lastname@example.org. Furthermore, you maynot use the Device or Website in any manner that could damage, disable,overburden, or impair the Services (e.g., you may not use the Device orWebsite in an automated manner), nor may you use Device or Website inany manner that could interfere with any other party’s use and enjoymentof the Services. You may not use any third party Devices, software, orscripts to access the Website or the Websites underlying technology orsoftware.
3. INTELLECTUAL PROPERTY
3.1 Ownership You acknowledge that Datawind owns all right, title and interest in and to the Services, including without limitation, the Device, Website, andall underlying software and technology, including without limitation allIntellectual Property Rights. “Intellectual Property Rights” means anyand all rights existing from time to time under patent law, copyrightlaw, trade secret law, trademark law, unfair competition law, and anyand all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in forceand effect worldwide.
3.2 Content We do not claim ownership in any “Content” (which means any and all postings, e-mails, messages, recommendations, comments, text, files, images, photos, video, sounds, works of authorship, feedback, bugreports, or other materials) that you post on, deliver to, or otherwisemake available to the Services, but to be able to legally provide you with and promote the Services, we have to have certain rights to use such Content in connection with the Services, as set forth below. Inreturn, we also grant you certain use rights to the Content that we (orour licensors) own and use to provide the Services to you and otherUsers, as set forth below.
3.3 Your Content By posting any Content on the Services, you hereby grant to us anunrestricted, irrevocable, perpetual, non-exclusive, fully-paid androyalty-free, license (with the right to sublicense through unlimitedlevels of sublicenses) to use, copy, perform, display, createderivative works of, and distribute such Content in any and all media ordistribution method (now known or later developed) throughout the world. Additionally, by posting any Content on the Services and making yourContent available to others (“Third Parties”) via RSS distribution, youhereby grant to all Third Parties an unrestricted, irrevocable,perpetual, non-exclusive, fully-paid and royalty-free, license (with theright to sublicense through unlimited levels of sublicenses) to copy,display, and distribute such Content in any and all media (now known orlater developed) throughout the world. No compensation will be paid withrespect to the Content that you submit, upload, post, transmit orotherwise make available through the Services. You should only uploadContent to the Services that you are comfortable sharing with othersunder the terms and conditions set forth herein. Other users of theService will be able to view any Content you post to the Services,subject to your limited ability to prevent access to your Content bychanging your account preferences and settings.
Except for that Content that is owned by you, that is in the publicdomain, for which you have been given written permission, or asexpressly permitted under this Agreement, you agree not to (i) modify,publish, transmit, distribute, perform, sell, or create derivative worksbased on the Content and Services; and (ii) rent, lease, loan, or sellaccess to the Services; (iii) decompile, reverse engineer, or copy anyContent (other than the Content you provide) or the Services for whichthe source code is not provided to you. You also agree to not remove,obscure, or alter Datawind’s copyright notice, trademarks, or otherproprietary rights notices affixed to or contained within Device. Youwill not: (i) cover or obscure the banner advertisements on yourDatawind Profile page, or any Datawind page via HTML/CSS, scripting, orany other means, if any or (ii) interfere with, disrupt, or create anundue burden on the Services or the networks or services connected tothe Services.
4. ACCEPTABLE USE AND CONDUCT You are solely responsible for any and all Content that is published ordisplayed (“posted“, as used herein) by or through your DatawindProfile on the Services, including any e-mail, and for your interactionswith other Users.
4.1 Prohibited Content You agree that you will not post any Prohibited Content. “Prohibited Content” including, without limitation, content that: (i) is offensiveor promotes racism, bigotry, hatred or physical harm of any kind;(ii) harasses or advocates harassment of another person; (iii) involvesthe transmission of “junk mail,” “chain letters,” or unsolicited massmailing, or “spamming,”; (iv) is false or misleading or promotes,Endorses or furthers illegal activities; (v) promotes, copies, performsor distributes an illegal or unauthorized copy of another person’s workthat is protected by copyright or trade secret law; (vi) is involved inthe exploitation of persons under the age of eighteen (18) in a sexualor violent manner, or solicits personal information from anyone undereighteen (18); (vii) contains viruses, Trojan horses, worms, time bombs,cancelbots, corrupted files, or similar software; or (viii) otherwise violates the terms of this Agreement or creates liability for us. Yourepresent and warrant that: (a) you own the Content posted by you on theService or otherwise have the right to grant the license set forth inthis Agreement, and (b) your Content does not violate the privacyrights, publicity rights, copyright rights, or other rights of any person.
4.2 Breach Any use of the Services in violation of this Agreement may result in,among other options, termination or suspension of your rights to use theServices. In order to cooperate with legitimate governmental requests,subpoenas or court orders, to protect our systems and customers, or toensure the integrity and operation of our business and systems, we mayaccess and disclose any information and Content we consider necessary orappropriate, including, without limitation, Datawind Profile information(i.e. name, e-mail address, etc.), IP addressing and trafficinformation, usage history, and posted Content.
4.3 Enforcement by Us We have the right (but not the obligation) to investigate or review anyContent and delete (or modify) any Content that in our sole judgmentviolates this Agreement or which is Prohibited Content, or may otherwiseviolate the rights, harm, or threaten the safety of any User or anyother person, or create liability for us or any User.
4.4 Photographs You may not post a photograph of another person without that person’spermission.
4.5 Antivirus Software
You are responsible for installing, maintaining and using effectiveanti-virus and spyware prevention technologies, and Datawind is notresponsible for third-party websites that contain or deliver viruses,spyware, malware, or other harmful content or code.
5. THIRD PARTIES AND OTHER USERS
5.1 Third Party Content Content from other Users, advertisers, and other third parties is madeavailable to you through the Services. Because we do not control suchContent, you agree that we are not responsible for any such Content,including advertising and information about third party products orservices. Because we do not have control over such Content, we make noguarantees about the accuracy, currency, suitability, or quality of theinformation in such Content, and we assume no responsibility forunintended, objectionable, inaccurate, misleading, or unlawful Contentmade available by other Users, advertisers, and third parties. Bychoosing your preferences, you can designate types and categories ofcontent you prefer to access, but Datawind cannot guarantee that youwill only access the types and categories of information you designate.Some of the content served by Datawind will be from affiliated merchantsites. Sales that occur through these affiliated sites may generate acommission payable to Datawind.
5.2 Responsibility Your interactions with other Users on the Services or with advertisers,including payment and delivery of goods or services, and any otherterms, conditions, warranties or representations associated with suchdealings, are solely between you and the other User or the advertiser. You agree that we will not be responsible for any loss or damageincurred as the result of any such dealings or with respect to any otherUser’s use or disclosure of your personally identifiable information. Ifthere is a dispute between you and any third party (including any User),we are under no obligation to become involved; however, we reserve theright, but have no obligation, to monitor disputes between you and otherUsers.
5.3 Third-Party Websites and Partner Communities
The Services may contain links to third-party websites (“Third-PartyWebsites“) (a) placed by us as a service to those interested in thisinformation; or (b) posted by other Users. We may also place links orenable interoperability with other social networking communities(“Partner Communities“) or use other means to connect the DatawindServices to such Partner Communities to give you more possibilities. Youuse all such links to Third-Party Websites and Partner Communities atyour own risk. To the extent such links are provided by us, they areprovided only as a convenience, and such link to a Third-Party Websiteor Partner Community does not imply our endorsement, adoption orsponsorship of, or affiliation with such Third-Party Website or PartnerCommunity. We accept no responsibility for reviewing changes or updatesto, or the quality, content, policies, nature or reliability ofThird-Party Websites or Partner Communities, or websites linking to theWebsite. You should review applicable terms and policies, includingprivacy and data gathering practices, of any Third-Party Website andPartner Communities, and should make whatever investigation you feelnecessary or appropriate before proceeding with any transaction with anythird party.
6. COPYRIGHT POLICY
It is our policy to terminate membership privileges of any DatawindMember who repeatedly infringes copyright upon prompt notification to usby the copyright owner or the copyright owner’s legal agent. Withoutlimiting the foregoing, if you believe that your work has been copiedand posted on the Services in a way that constitutes copyrightinfringement, please provide our Copyright Agent with the followinginformation: (i) an electronic or physical signature of the personauthorized to act on behalf of the owner of the copyright interest; (ii)a description of the copyrighted work that you claim has been infringed;(iii) a description of where the material that you claim is infringingis located on the Services; (iv) your address, telephone number, ande-mail address; (v) a written statement by you that you have a goodfaith belief that the disputed use is not authorized by the copyrightowner, its agent, or the law; (vi) a statement by you, made underpenalty of perjury, that the above information in your notice isaccurate and that you are the copyright owner or authorized to act onthe copyright owner’s behalf. Contact information for our CopyrightAgent for notice of claims of copyright infringement is as follows:
Attn: Copyright Agent
214 Acton Lane
London NW10 7NH
Tel +44 208 963 5714
Fax +44 207 681 1218
7. DISCLAIMER OF WARRANTIES
Datawind disclaims any responsibility for any harm resulting from youruse of Device or Services.
Datawind disclaims any responsibility for harm resulting from your use of the Services. The Services are provided “as is,” with no warrantieswhatsoever. Datawind and the Datawind licensors expressly disclaim tothe fullest extent permitted by law all express, implied, and statutorywarranties, including without limitation the warranties ofmerchantability, fitness for a particular purpose, title, andnon-infringement of proprietary rights. Datawind and the Datawindlicensors disclaim any warranties regarding the security, reliability,timeliness and performance of the Services. You understand and agreethat you use the Services at your own discretion and risk and that youwill be solely responsible for any damages to your computer system orloss of data that results from the use of the Services.
Some states or other jurisdictions do not allow the exclusion of impliedwarranties, so the above exclusions may not apply to you. You may alsohave other rights that vary from state to state and jurisdiction tojurisdiction.
8. LIMITATION OF LIABILITY
8.1 Disclaimer Under no circumstances shall Datawind be liable to any User on accountof that User’s use or misuse of the Services. Such limitation ofliability shall apply to prevent recovery of indirect, incidental,consequential, special, exemplary, and punitive damages whether suchclaim is based on warranty, contract, tort (including negligence), orotherwise, (even if Datawind has been advised of the possibility of suchdamages). Such limitation of liability shall apply whether the damagesarise from use or misuse of and reliance on the Services, from inabilityto use Device and Services, or from the interruption, suspension, ortermination of Device and Services (including such damages incurred bythird parties). Such limitation shall apply notwithstanding a failure ofessential purpose of any limited remedy and to the fullest extentpermitted by law.
8.2 Limitation Notwithstanding anything to the contrary contained herein, ourliability to you for any damages arising from or related to (for anycause whatsoever and regardless of the form of the action), will at alltimes be limited to the greater of fifty us dollars ($50) and theamounts you paid to us in the twelve (12) months prior to the accrual ofthe claim. Some states or other jurisdictions do not allow the exclusionor limitation of liability for incidental or consequential damages, sothe above limitations and exclusions may not apply to you.
You hereby release us, our officers, employees, agents and successorsfrom, demands any and all losses, damages, rights, claims, andactions of any kind including, without limitation, personal injuries,death, and property damage, that is either directly or indirectlyrelated to or arises from (i) any interactions with other Users, or (ii)your participation in any of our offline events.
9. MISCELLANEOUS PROVISIONS
If for any reason a court of competent jurisdiction finds any provisionor portion of this Agreement to be unenforceable, the remainder of theAgreement will continue in full force and effect. Sections 2-5, 7 and 8of this Agreement will survive any termination of this agreement. ThisAgreement constitutes the entire agreement between the parties withrespect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral,regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Datawind.