The Company Named POOLVO IT SOLUTIONS PVT.LTD established with the view to create wonders in Social media website and provide all such facilities which new generation expects. The site of the company is www.poolvo.com . The product of this company is POOLWO and the site of this social media is www.poolwo.com.
The terms and conditions of the company as well as the product of the company are as follows and the users and account holders of poolwo are bound to follow the terms and conditions of the company.
1. The web pages located at Social Media website of poolwo (the "Site") with a free platform for, the posting, syndication of, uploading or linking of User content, sharing of information, communication with other Users, social networking and other features, functions or services on the Site (collectively known as "Service") are provided to users by POOLWO.COM. ("CO.")
2. The legally binding terms between you and CO are set out in this Agreement which is applicable to all Users of the Service including users who uses information, materials or listen music to or share content and/or its associated metadata or other services on the Site. This Agreement applies to all Users who use the Service either as a registered user or anonymously. If you opt to use the Service, it is agreed by you that you will be agreeing follow all the terms and conditions of this Terms and Conditions of Service Agreement (the "Agreement"). CO will have liberty to change, add or remove any portions of this Agreement at any time and the changes in the Service will be posted.
3.IF YOU DON'T AGREE WITH ANY OF THESE RULES OR ANY FUTURE CHANGES THEREOF, DO NOT USE THE SERVICE. IT YOU CONTINUE TO USE THE SERVICE NOW OR AFTER THE CHANGES POSTED IN THESE OPERATING RULES OR TERMS AND CONDITIONS OF SERVICE, IT WILL BE CONSTRUED AS YOUR ACCEPTANCE AND AGREEMENT OF THE RULES, CHANGES OR MODIFICATIONS
4. At any time CO may discontinue, change or suspend in full or part, the availability of any Service feature, content or database including imposing limits or restricting your access to all or part of the Service without giving any notice or liability.
5. In addition, when using particular Services, both you and CO shall be subject to any other additional terms, rules or guidelines which are applicable to such services which maybe posted from time to time and such additional terms, rules and guidelines are hereby incorporated by reference into this Agreement. CO may also offer many other services from time to time that are governed by the same and/or different terms and conditions of service.
6. Unless otherwise explicitly stated, any new additions, enhancement or augment to the current Service including new CO properties shall be subject to this Agreement.
All intellectual property rights such as all copyrights, trademarks associated with the Service including all software, logos, text, graphics and content, but excluding User Content (defined below) are owned by CO.
CO gives you a limited license to access and personal use of the Service. Except with the express consent of CO in writing, you agree not to download (other than page caching) or modify the Site in full or in part. The musical work if any made available through the Service is meant for Streaming only. Streaming means the transmission of any audiovisual work through Internet from the Service to a user's device in such a manner that the data/file is intended for real-time listening and not intended to be copied, copied stored, permanently downloaded, or redistributed by the user. Accessing any musical work in any manner for any other purpose other than Streaming is prohibited. This license does not cover or include any resale or commercial use of the Service, the Site, or its contents; any downloading or copying any information for the benefit of any other merchant; or using any data mining, robots or any other similar data gathering and extraction tools. The Service is meant only for the personal use of the Users and be used for any other purpose viz. any commercial purpose except those purposes specifically approved by CO from time to time. Unauthorized and/or illegal use of the Service, including collecting email addresses, usernames or User Content of other Users by electronic or any other means for illegal purposes are prohibited. Commercial advertisements affiliate links and other forms of solicitation maybe removed from posts or accounts without any notice and may lead to termination of membership. CO reserves the right to take appropriate legal action and seek damages for any illegal or unauthorized use of the Service. It is explicitly prohibited to reproduce, duplicate, copying, sale, resale, visit or otherwise exploitation of the Site, Service or any part thereof for any commercial purpose without the written consent of CO. Framing or utilizing framing techniques to enclose any trademark, logo or other proprietary information (including images, content, music, text, page layout or form) of CO and our affiliates or other Users without the consent of CO are prohibited. Using any meta tags or any other "hidden text" utilizing CO's name or trademarks without the written consent of CO are prohibited. The license or permission granted by CO gets terminated upon any unauthorized use. The license granted to you is a limited, revocable, and non-exclusive right to create a hyperlink to CO so long the link doesn't portray CO, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. The license does not include the use of any CO logo or other proprietary graphic or trademark as part of the link without the written permission.
Password and account designation information will be sent to you after completing the Service's registration process. It is your responsibility to maintain the confidentiality of the password and account information and you are solely responsible for all activities that happen under your password or account. You agree to i) notify CO immediately of any unauthorized use of your account or password or any other security breach, and ii) ensure that you exit/log out from your account at the end of session. CO will not be liable for any loss or damage arising from your failure to adhere/comply with this Section.
Your use of the Service is subject to the Rules of the poolwo.com and you agree not to use the Service or export any portion of the Service including the User Content (defined below) in violation. You agree that you are responsible for abiding to all relevant local or national laws applicable to you.
1. It is your responsibility to choose carefully the content, information, words, messages, text, files, photos, images, videos, sounds, profiles, works of authorship or any other materials you post, link to, upload, publish, display or make available on the Site or through the Service any such content that you provide or make available to other Users (collectively known as "User Content"). You are responsible for all User Content, as described below:
2. During the registration process unless specifically asked by CO, does not post the following information to the Service: street addresses, telephone numbers, and last names. You may not provide false email addresses, impersonate any person or entity, or/and mislead as to the origin of any User Content
3. You may not post any photographs containing nudity or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. CO assumes no responsibility or liability for any information or User Content provided by other Users, which are inaccurate, inappropriate or offensive material, products or services.
4. CO, in its sole discretion reserves the right to reject, refuse to post, link to, or remove any User Content, or to restrict, suspend, or terminate your access to all or any part of the Site and/or the Service at any time, with or without any prior notice, for any or no reason and without any liability. CO in no way responsible and assumes no liability for any User Content. CO reserves the right but not obligated to remove or edit User Content or regularly review User Content.
5. Unless otherwise we indicate, you grant a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, display, perform, reproduce, publish, and distribute such User Content throughout the world via the Service to CO and its affiliates. You also grant CO and its affiliates the right to use name that you submit in connection with such User Content. Any payments that may become due to any third parties as the result of you’re posting of or linking to the User Content and CO's use thereof is your sole responsibility.
6. The User Content posted by you shall not be illegal, obscene, threatening, defamatory, and invasive of privacy, infringing of intellectual property rights, or otherwise objectionable or injurious to third parties. A partial list of the kind of User Content that is illegal or prohibited on the Service is given below. Prohibited User Content includes but is not limited to content that: is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
i. harasses or advocates harassment of another person;
ii. involves the transmission of unsolicited mass mailing or "spamming", "junk mail", or "chain letters";
iii. contains information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
iv. contains an illegal or unauthorized copy of a copyrighted work, such as sound recordings, musical compositions and videos in which you do not personally own the copyright (including CDs and tracks you may have purchased), or otherwise do not have the necessary authority from the copyright owner(s);
v. computer programs or links to them or providing information to circumvent manufacturer-installed copy-protect devices;
vi. contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
vii. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
x. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
xi. uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to the profile. CO reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending User Content from the Service and terminating the membership of such violators.
7. In the event of CO discovering or be informed that you have posted User Content for which you do not personally own the copyright or otherwise do not have the necessary authority from the copyright owner, CO may take all appropriate steps to rectify your noncompliance, including without limitation, disabling your ability to upload User Content to the Service, unless you provide CO with a counter notification of your right to upload such User Content in compliance with our Copyright Policy. Should CO discover or be informed that you continue to upload User Content for which you do not personally own the copyright or otherwise do not have the necessary authority from the copyright owner after CO has made reasonable efforts to disable your ability to do so, you will be considered a repeat infringer, and CO will terminate your account and delete all data associated with your account; remove all of the User Content you have uploaded/submitted to the Site; and use its reasonable efforts to prohibit you from signing up for another User account in the future.
8. In the event of your ability to upload User Content to the Service be disabled and/or your account for the Service be terminated, CO shall take reasonable steps to promptly notify you via the email address available in our records. If you believe that you do have the appropriate rights to post User Content, you can contact us in accordance with our Copyright Policy.
1. You agree not to use the Service to:
i. manipulate, interfere with, or take any actions that may undermine the integrity of any rating system used on the Service;
ii. disrupt or interfere with the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
iii. collect or store personal data about other Users; or
iv. abuse, harass, or harm another person, or in order to contact, advertise to, solicit, or sell to any other User without their prior explicit consent
v. decompile or reverse engineer any elements of the Service except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Service with another software program, and you have first requested CO to provide the information necessary to achieve such operability and CO has not made such information available.
2. CO and its affiliates without limiting any other remedies, may immediately warn Users of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide the Service to you if:
i. you breach any clause of this Agreement or other documents it incorporates by reference;
ii. we are unable to verify or authenticate any information you provide to us; or
iii. we believe that your actions may cause financial loss or legal liability for you, us or our Users. Your membership will be terminated and you will be denied access to the Service if you breach this Agreement or any other agreement between you and CO in any way on more than one occasion.
3. You agree that you are solely responsible for your interactions with other Users of the Service. CO reserves the right, but has no obligation, to monitor disputes between you and other Users.
You agree and accept that,
1. CO may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that User Content will be retained by or made available through the Service, the maximum disk space that will be allotted on CO's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time;
2. CO has no responsibility or liability for the blocking, deletion or failure to store any User Content maintained or transmitted by the Service;
3. CO reserves the right to cancel accounts that are inactive for an extended period of time;
4. CO reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
This Agreement may be terminated by you any time by permanently discontinuing your use of the Service. CO reserves the right to terminate this Agreement at any time for upon intimation/notice to you by email. After the termination of this Agreement all Sections shall continue in full force and effect.
You represent and warrant that:
1. You have the full authority to act on your behalf and on behalf of any and all owners of any right, title and interest in and to any User Content you post, submit, transfer, make available, or link to.
2. You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement and have obtained all necessary third-party consents, licenses and permissions necessary to enter into and fully perform your obligations herein. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. Your membership or access to the Service may be deleted or blocked without warning if it is found that you are misrepresenting your age. Your membership is solely for your personal use, and you shall not authorize others to use your account.
3. You are solely responsible for all User Content posted, uploaded, published, made available or displayed through your User account, including any messages, and for your interactions with other Users. You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent, and/or warrant that:
i. you own or have the necessary licenses, rights, consents, and permissions to use and authorize CO to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Service and these Terms of Service; and
ii. You have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Service and these Terms of Service. For clarity, you retain all of your ownership rights in your User Content.
4. You shall not act in any manner that conflicts or interferes with any existing commitment or obligation of yours, and that no agreement previously entered into by you will interfere with your performance of your obligations under this Agreement.
5. You shall perform in compliance with any applicable laws, rules and regulations of any governmental authority.
6. You will not use the Service to upload, post, link to, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or any telecommunications equipment.
YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CO EXPRESSLY DISCLAIMS 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. CO MAKES 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 WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
You agree and accept that you hereby indemnify and hold harmless, and upon CO's request, defend, CO its affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees and costs) arising out of any claim, action, or proceeding brought by a third party based on:
i. a breach of any warranty, representation, covenant or obligation of yours under this Agreement; or
ii. any allegation that any User Content provided, uploaded, syndicated, linked to or authorized by or on behalf of you hereunder or CO's or any User's use thereof violates or infringes the rights of another party. You will reimburse CO and its affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section 14, provided that CO obtains your written consent prior to making such payments, such consent not to be unreasonably withheld, delayed or conditioned. CO shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon CO's request. CO shall have the right, at its expense, to participate in the defense thereof under your direction.
EXCEPT PURSUANT TO YOUR INDEMNITY OBLIGATION IN SECTION 14(a), AND EXCEPT FOR A BREACH OF YOUR REPRESENTATIONS AND WARRANTIES IN SECTION 12, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOSS OF PROFITS OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THEIR POSSIBILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EMG'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO EMG FOR THE SERVICE DURING THE TERM OF MEMBERSHIP
Except as explicitly stated otherwise, any notices to CO shall be sent by email to legal side of the co.
CO respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide CO's copyright agent with the following information ("Notice"):
i. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
ii. a description of the copyrighted work or other intellectual property that you claim has been infringed;
iii. a hyperlink to the material that you claim is infringing on the Service. Please note, providing a song, artist, or album name is not sufficient, you must provide a unique hyperlink to each item of material that you claim is infringing on the Service;
iv. your address, telephone number, and email address;
v. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
vi. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Any Notice of claims of copyright or other intellectual property infringement must be sent to CO at:
Please note that this procedure is exclusively for notifying CO and its affiliates that your copyrighted material has been infringed.
We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside India where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; or to prevent death or imminent bodily harm. Information we receive about you, including financial transaction data related to purchases made with the Co. may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm. We also may retain information from accounts disabled for violations of our terms for at least a year to prevent repeat abuse or other violations of our terms.
These terms of service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Co. without restriction.
For any dispute arising out of or related to the service of the Co. And if there is conflict between the parties and the Co. both can approach the courts .The Jurisdiction of court is at Cochin where the head office of the company situates.
2. The failure of CO to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
3. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
4. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
5. The section titles in this Agreement are for convenience only and have no legal or contractual effect.