Updated on 30 May 2019.
These terms of service (“TERMS”) apply to your use of the HelloSivi online and mobile service of HelloSivi Software Labs Pvt. Ltd. and the website located at hellosivi.com (“HELLOSIVI” or “SERVICE”, “COMPANY” or “WEBSITE”), and HelloSivi applications on mobile and desktop platforms (Windows, Mac OSX, Linux, Android, Windows Phone, iOS, etc), but does not apply to any third-party websites that may be linked to them. The terms “WE”, “OUR” and “US” refer to HelloSivi, and the terms “YOU”, “YOUR” and “USER” refer to you, as a user, visitor, members, contributors of HelloSivi.
We may make changes to these Terms from time to time. When we do, we will revise the “last updated” date given below. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of our Application, Site, or Services after such changes have been published to our Application, Site or Services will constitute your acceptance of such revised Terms.
License to Use our Application, Site, or Services
Subject to these Terms, we grant to you a limited, commercial, non-exclusive license to use our Application, Site, or Services and not for resale. Your right to use our Application, Site, or Services is limited by all terms and conditions set forth in these Terms. HelloSivi reserves all rights not expressly granted herein in the Service and the HelloSivi Content. HelloSivi may terminate this license at any time for any reason or no reason.
Additional terms may apply for any content that you download from, upload to, or print from the Service. Any such additional terms will be made available to you prior to initiating any applicable uploads, downloads, or prints.
Except for your pre-existing rights and this license granted to you, we and our licensors retain all rights, title, and interest in and to our Application, Content, Site, or Services, including all related intellectual property rights.
Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Application, Site or Services; (ii) rent, lease or sublicense access to any of our Application, Site or Services; or (iii) circumvent or disable any security or technological features or measures of our Application, Site or Services; (iv) copy, modify, adapt or recreate the Application, or otherwise make any use, resell, distribute or sublicense the Application other than to the extent permitted in this Agreement.
Your HelloSivi account gives you access to the services and functionality that we may establish and maintain from time to time and at our sole discretion. We may maintain different types of accounts for different types of Users. If you open a HelloSivi account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement and that you agree to this Agreement on the entity’s behalf. By connecting to HelloSivi with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the HelloSivi servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) using any HelloSivi Content (as defined below), including any HelloSivi trademarks, in any manner that might tarnish, disparage, or reflect adversely on such HelloSivi Content; (xiv) using the Service or any HelloSivi Content (as defined) to support, incite or promote discrimination, hostility or violence; (xv) using any HelloSivi trademark or any variant thereof including misspellings as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data; (xvi) adopting or using, without our prior written consent, any word or mark which is similar to or likely to be confused with HelloSivi trademarks; (xvii) copying, imitating or using, in whole or in part, the look and feel of the Service (including but not limited to all page headers, custom graphics, button icons, and scripts) without the prior written consent of HelloSivi; (xviii) using any HelloSivi Content to link to the HelloSivi website without the prior written consent of HelloSivi; or (xviv) framing or hotlinking to the Service or any content other than your own without the prior written consent of HelloSivi.
Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the HelloSivi Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. If your account is terminated for any reason, you must obtain written authorization from HelloSivi prior to establishing another account. If you attempt to establish another account without obtaining such authorization, HelloSivi may permanently ban you from the Service. You may not have more than one active account at any time without the written consent of HelloSivi in each instance. If such consent is granted, you may not submit identical Stock Media (as defined below) to more than one account.
You are solely responsible for your interactions with other HelloSivi Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. HelloSivi shall have no liability for your interactions with other Users, or for any User’s action or inaction.
You may use the Service only if you can form a binding contract with HelloSivi, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. You must be 13 years old or older to use or access the Service unless you are under 13 years old and your use of the Service is directly supervised by your parent or guardian or another authorized adult (e.g., a teacher) who agrees to be bound by this Agreement. Any use or access to the Service by anyone under 13 who is not directly supervised by an adult is strictly prohibited and in violation of this Agreement. The Service may not be available to any Users previously removed from the Service by HelloSivi. By using the Service, you represent and warrant that you have the full right, power, and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.
HelloSivi does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence. If we believe in our sole determination that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin, we may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason.
When you use the Service, we may employ clear GIFs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. This information allows for more accurate reporting and improvement of the Service.
When you access the Service by or through a mobile device (including but not limited to smartphones or tablets), we may access, collect, monitor, and/or remotely store one or more “device identifiers,” such as a universally unique identifier (“UUID”). Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by HelloSivi. A device identifier may convey information to us about how you browse and use the Service. A device identifier may remain persistently on your device, to help you log in faster and enhance your navigation through the Service. Some features of the Service may not function properly if the use or availability of device identifiers is impaired or disabled. Device Identifiers used by HelloSivi include the Android Advertising ID and iOS Advertising Identifier.
When you access the Service by or through a mobile device, we may access, collect, monitor, and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey to us information about how you browse and use the Service. Some features of the Service, particularly location-based services, may not function properly if the use or availability of location data is impaired or disabled.
You agree not to submit or use User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, hostile, violent, or that which provokes violence or hostility, profane, or otherwise objectionable; (vi) contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin; (vii) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (viii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (ix) contains any information or content that you know is not correct and current. You agree that any User Content does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy or publicity. HelloSivi reserves the right but is not obligated, to reject and/or remove any User Content that HelloSivi believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on or via the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization. Further, you understand that if you contribute User Content under a Brand, the Brand Owner will own—and be entirely responsible for—all such User Content.
Some areas of the Service allow Users to submit and publish content such as profile information, comments, questions, photographs, illustrations, fonts, designs, and other content or information (any such materials a User submits, posts, displays, prints, or otherwise makes available on or via the Service without compensation “User Content”). You retain ownership of your User Content, and you understand that if you post User Content under a Brand, the Brand Owner will own—and be entirely responsible for—all such User Content. For the avoidance of doubt, User Content does not include Stock Media
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent, and warrant the following:
Your User Content and HelloSivi’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy and publicity rights.
HelloSivi may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your User Content or which might in any way impair the rights granted by you hereunder.
If your User Content contains or incorporates in any manner any components including but not limited to design elements, fonts, clipart, sprites, vectors or brush tools and the like that are included in design programs, by uploading any such User Content to HelloSivi, you represent and warrant that the end-user license agreement, terms of service or the equivalent license agreed to by you allows you to incorporate such elements in the User Content created by you, and to license such User Content to HelloSivi for the purposes set forth herein.
Your User Content is neither obscene, defamatory, or otherwise objectionable.
To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
You will not transmit unsolicited emails or engage in spamming to publicize or promote your relationship with HelloSivi.
If you use the Service to post, publish or print User Content, you agree that you have verified that the User Content does not contain anything that is illegal, infringes (or is otherwise deceptively similar to) any third party’s Intellectual Property Rights, or otherwise breaches these terms.
You will not engage in pay-per-click advertising using keywords that compete with HelloSivi’s own campaigns in order to promote your relationship with HelloSivi nor will you use or engage a third party on your behalf to use HelloSivi in any domain name.
Upon making or learning of any claim that is inconsistent with any of the representations or warranties made by you, HelloSivi shall send you written notice of such claim, using the email address provided by you to HelloSivi, specifying the details of the claim as then known to HelloSivi. Pending the determination of such claim, HelloSivi may withhold from royalties and/or other compensation due to you hereunder, such sums as are reasonably related to the probable value of the claim as determined by HelloSivi.
HelloSivi takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, publishes, or prints over or using the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing, and printing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content or Stock Media that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that HelloSivi shall not be liable for any damages you allege to incur as a result of User Content, Stock Media or your use of either in printed form. In the event that your User Content is alleged to be offensive, inappropriate for children, unlawful, or otherwise in breach of these terms, you agree that HelloSivi may disclose such User Content to law enforcement or other government authorities.
By publishing any designs containing User Content using the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant to HelloSivi a multi-use, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and HelloSivi’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. For the avoidance of doubt, User Content does not include Stock Media. Stock Media is licensed to HelloSivi in accordance with the terms of the Contributor Agreement.
Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, User Content belonging to other Users, and Stock Media belonging to other Users (the “HelloSivi Content”), and all Intellectual Property Rights related thereto, are the exclusive property of HelloSivi and its licensors (including other Users who post User Content or contribute Stock Media (as defined below) to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any HelloSivi Content. Use of the HelloSivi Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment listed on the Service which we may update from time to time. HelloSivi may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
You may cancel your HelloSivi account at any time; however, there are no refunds for cancellation. In the event that HelloSivi suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any credits, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
Payment Information; Taxes.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interactions.
Certain aspects of the service may allow you to obtain certain reputational or status indicators (“HelloSivi Property”). You understand and agree that regardless of terminology used, HelloSivi Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at HelloSivi’s sole discretion. HelloSivi Property is not redeemable for any sum of money or monetary value from HelloSivi at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of HelloSivi on HelloSivi servers, including without limitation any data representing or embodying any or all of your HelloSivi Property. You agree that HelloSivi has the absolute right to manage, regulate, control, modify and/or eliminate HelloSivi Property as it sees fit in its sole discretion, in any general or specific case, and that HelloSivi will have no liability to you based on its exercise of such right. All data on HelloSivi’s servers are subject to deletion, alteration, or transfer.
Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history, and account content residing on HelloSivi’s servers, may be deleted, altered, moved, or transferred at any time for any reason in HelloSivi’s sole discretion, with or without notice and with no liability of any kind. HelloSivi does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on HelloSivi’s servers.
HelloSivi cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You agree to defend, indemnify and hold harmless HelloSivi and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your User Content, your Stock Media, or any content that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.
The service is provided on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, HelloSivi, its subsidiaries, and its licensors do not warrant that the content, including without limitation User Content and Stock Media, is accurate, reliable, or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.
HelloSivi does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the HelloSivi service or any hyperlinked website or service, and HelloSivi will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall HelloSivi, its affiliates, agents, directors, employees, suppliers, or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service, including without limitation, your submission of User Content or Stock Media. Under no circumstances will HelloSivi be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the service or your account or the information contained therein.
To the maximum extent permitted by applicable law, HelloSivi assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall HelloSivi, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to HelloSivi.
No action, regardless of form or nature, arising out of this agreement may be brought by or on behalf of you more than one (1) year after the cause of action first arose.
Notwithstanding anything to the contrary contained herein, HelloSivi shall not be liable for any damages, costs, or losses arising as a result of modifications made to User Content, Stock Media, or other content, any additions or combinations of User Content or Stock Media with other content, or the context in which the User Content, Stock Media, or other content is used by you.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if HelloSivi has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
This Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by HelloSivi without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Your use of this Website will be governed by and construed in accordance with the laws of India. The Users agree that any legal action or proceedings arising out of your use may be brought exclusively in the competent courts/ tribunals having jurisdiction in Bengaluru in India and irrevocably submit themselves to the jurisdiction of such courts/ tribunals.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and HelloSivi’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.