Terms of Service Agreement
ACKNOWLEDGMENT & ACCEPTANCE
By enrolling and/or using the Pocket Portal service ("Service")
or products, you agree that you have read and understood this
Agreement ("Agreement") and that your membership in the Service
shall conform to its terms and conditions ("Terms").
The Service is operated by Pocket Portal and therefore this
Agreement is between you and Pocket Portal. www.pocketportal.net
is a website owned by Pocket Portal. Wherever the term "Pocket
Portal" is used in this document it represents the company
Pocket Portal and the services or products provided through
www.pocketportal.net
Service members enrol for Mobile Mail, Group SMS and Mobile
Learning service. We reserve the right to limit Service
enrolment at any time.
SERVICE DESCRIPTION
You need to register with Pocket Portal to use and procure
Pocket Portal products. Pocket Portal asks for some personal
information when you register with Pocket Portal to download the
products, including your age, gender and profession along with
your mobile number and e-mail address.
When you invite new members into your network or send messages
through Pocket Portal, we collect and maintain information
associated with those messages, including email addresses and
content.
Information sharing
We will share with third parties certain pieces of aggregated,
non-personal information, (Aggregate non-personal information"
is information that is recorded about users and collected into
groups so that it no longer reflects or references an
individually identifiable user.). Such information does not
identify you individually.
OUR SERVICE PRIVACY POLICY
We promise to maintain the privacy of your personal information.
The full extent of our commitment can be found in our Privacy
Statement. By enrolling and using the Service, you agree to be
bound by the terms of the Privacy Statement.
TERMS OF PARTICIPATION
You have to be able to understand English. You must agree to
comply with all local, state, province, country or regional laws
that may be applicable to your use of the Internet and your
membership with Pocket Portal. You MUST provide correct/true
information about your profile. Pocket Portal has the right to
verify the information you provide. You are not allowed to use
proxy servers. By filling out the registration form on your
mobile phone, you are applying to a service where you can
download free software?s offered by Pocket Portal to enable your
service. Pocket Portal is under no obligation to offer its
services to you.
MEMBER ACCOUNTS
Pocket Portal may refuse to accept your application for
membership for any reason. The number of your direct referrals
is not limited. You may refer as many people as you can to join
Pocket Portal services.
MEMBERS CONDUCT
You agree to only use the Service or products in a manner that
is consistent with the Terms and in such a way as to ensure
compliance with all applicable laws and regulations.
You agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any portion of the Product
and use of the Product.
TERMINATION OF MEMBERSHIP
Pocket Portal may terminate your membership at any time
immediately with or without cause. Your right to use your
membership immediately ceases upon termination. Pocket Portal
may terminate this agreement and your membership with or without
prior notice. On Termination, you may not be able to receive
service.
We reserve the right to terminate or disable, at our sole
discretion, any Service membership if we reasonably believe such
Member has violated or acted inconsistently with the rules of
the Service or this Agreement. You understand and agree that
disabling membership will result in your inability to receive
the service.
Pocket Portal shall be the sole determiner in cases of suspected
abuse, fraud, or violation of its rules and any decision it
makes relating to termination of membership shall be final and
binding. Should you object to any of the terms and conditions of
this Agreement, or any subsequent modifications thereto, or
become dissatisfied with the Service, your only recourse is to
immediately discontinue participation in the Service and
properly terminate your membership.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
Your use of the service is at your sole risk. The service is
provided on an "as is" and "as available" basis. Pocket Portal
and its subsidiaries, affiliates, officers, employees, agents,
partners and licensors expressly disclaim all warranties of any
kind, whether express or implied, including, but not limited to
the implied warranties of merchantability, fitness for a
particular purpose and non-infringement.
Pocket Portal and its subsidiaries, affiliates, officers,
employees, agents, partners and licensors make no warranty that
(i) the service will meet your requirements; (ii) the service
will be uninterrupted, timely, secure or error-free; (iii) the
results that may be obtained from the use of the service will be
accurate or reliable; (iv) the quality of any products,
services, information or other material purchased or obtained by
you through the service or through the Service advertisers or
partners will meet your expectations; and (v) any errors in the
software will be corrected.
Any material downloaded or otherwise obtained through the use of
the service is accessed at your own discretion and risk, and you
will be solely responsible for any damage to your computer
system or loss of data that results from the download of any
such material.
No advice or information, whether oral or written, obtained by
you from Pocket Portal or through or from the service shall
create any warranty not expressly stated in the terms of use.
A small percentage of users may experience epileptic seizures
when exposed to certain light patterns or backgrounds on a
computer screen or while using the products. Certain conditions
may induce previously undetected epileptic symptoms even in
users who have no history of prior seizures or epilepsy. If you,
or anyone in your family, have an epileptic condition, consult
your physician prior to using the service. Immediately
discontinue use of the service and consult your physician if you
experience any of the following symptoms while using the
service: dizziness, altered vision, eye or muscle twitches, loss
of awareness, disorientation, any involuntary movement, or
convulsions.
LIMITATION OF LIABILITY
Pocket Portal shall not be liable for any special indirect,
punitive, incidental, special, or consequential damages relating
to the participation or inability to participate in the Service.
Pocket Portal is not responsible for damages or losses that
result from participating or inability to participate in the
Service, or reliance on or use of information, services, or
merchandise provided on or through the Service.
You acknowledge and agree that Pocket Portal neither endorses
the contents of advertisements or third parties' web sites, nor
assumes responsibility or liability for the accuracy of material
contained therein, or any infringement of third party
intellectual property rights arising there from, or any fraud or
other crime facilitated thereby.
To the maximum extent allowed by applicable law, neither Pocket
Portal nor any of its parents, members, subsidiaries, service
providers, licensors, officers, directors or employees shall be
liable for any direct, indirect, incidental, special or
consequential damages arising out of or relating to this
agreement, resulting from the use or the inability to use the
service or for the cost of procurement of substitute goods and
services or resulting from any goods or services purchased or
obtained or messages received or transactions entered into
through the service or resulting from unauthorized access to or
alteration of user's transmissions or data, including but not
limited to, damages for loss of profits, use, data or other
intangible, even if such party has been advised of the
possibility of such damages. Without limiting the foregoing,
everything on the site is provided to you "as is" without
warranty of any kind, either expressed or implied including, but
not limited to, the implied warranties of services,
merchantability, fitness for a particular purpose, or
non-infringement. Pocket Portal disclaims all liability,
regardless of the form of action, for the act of other members,
or users including unauthorized users, or hackers of the
service.
PARTICIPATION IN PROMOTIONS OF ADVERTISERS AND PARTNERS
Your correspondence with or participation in promotions of
advertisers and partners, including payment and delivery of
related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are
solely between you and the advertiser or partner. We assume no
liability, obligation, or responsibility for any part of any
such correspondence or promotion, including without limitation
withdrawal or modification of any offer or promotion.
PROPRIETARY RIGHTS TO CONTENT
You acknowledge that Products content (including but not limited
to text, sound, photographs, graphics, or other material
contained in any Service communication, advertisements, or
messages, whether by Pocket Portal or Pocket Portal s'
advertisers or partners), Service and software are protected by
copyrights, trademarks, service marks, patents, and/or other
proprietary rights and laws. Member is only permitted to use
content, Service, or software as expressly authorized by Pocket
Portal, its advertisers and partners, as the case may be.
Except as expressly authorized by Pocket Portal or advertisers,
you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in
whole or in part.
MODIFICATIONS
Pocket Portal reserves the right to change this Terms and
Conditions document. Current members will be informed by email,
however it is also your responsibility to check this document
periodically for any changes or modifications and you must not
rely on e-mails as a sole source of information regarding this
agreement or your membership. Your continued use of Pocket
Portal constitutes an affirmative acknowledgement by you of the
Terms and Conditions and any subsequent modifications made to it
and your agreement to abide and be bound by the Terms and
Conditions document in its modified form.
We reserve the right to modify or discontinue the Service with
or without notice to you. We shall not be liable to you or any
third party should we exercise our right to modify or
discontinue the Service.
NOTICES
All notices given by us to you will be given by email, postal
mail or by general posting on the Web site.
INDEMNIFICATION
You agree to indemnify and hold us, our affiliates, officers,
agents, co-branders or other partners, and employees, harmless
from any claim, demand, expense, or damage, (including
reasonable legal fees) made by any third party due to or arising
out of your use of the Service, your connection to the Service,
your violation of the Terms, content you submit, post to or
transmit through the Service or your violation of any rights of
another.
TERMS AND CONDITIONS and the relationship between you and Pocket
Portal shall be governed by the laws of the State of Uttar
Pradesh without regard to its conflict of law provisions. You
and Pocket Portal agree to submit to the personal and exclusive
jurisdiction of the courts located within Uttar Pradesh.
This Agreement constitutes a complete and exclusive
understanding between us and you relating to the subject matter
hereof and supersedes all prior or contemporaneous
understandings, agreements, communications, and/or advertising
with respect to such subject matter provided that nothing in
this Agreement seeks to limit or exclude any right either party
may have in respect of fraudulent misrepresentation
Our failure to exercise or enforce any right or provision of
this Agreement shall not constitute a waiver of such right or
provision unless acknowledged and agreed to by us in writing.
If any part of these Terms is unenforceable (including any
provision by which Pocket Portal excludes its liability to the
Member), the enforceability of any other part of these Terms
will not be affected.