Revised June 10, 2016
REAL TIME NETWORKS PVT LTD ("PayTunes" or “we”) offers users (“Users” or "You") ringtone advertising services transacted through licensed applications, including but not limited to the “PayTunes” app, for mobile devices.
These Terms of Service (“Terms”) will govern Your use of PayTunes’ software applications (including the PayTunes App), websites or other online services (all collectively “Services”), irrespective of release version. By accessing or using any of the Services, You agree to be bound by these Terms.
Certain features of the Services may be subject to additional guidelines, terms or rules, which will be posted in or on the Services in connection with such features. All such additional terms, guidelines and rules are incorporated by reference into these Terms.
Use of App
The App is intended to be used as an Incentivization app, giving its users some rewards upon accepting its terms to deliver ads in various formats as communicated. These rewards can be redeemed on the app or other platforms, on case to case basis, depending upon the company terms that can change from time to time.
Our top-priority will always be the relationship with our users. We are therefore firmly committed to the security and integrity of personal data of our Users of the Services.
For the purpose of the PayTunes Services, any data shared with PayTunes will only be used internally to help us provide you better product service, offerings and functionalities.
Consent to Use of Data
Obligations and Restrictions to Use of Services
You guarantee that any data, such as Your profile information, You may send to PayTunes as a User of the Services (together “Content”), to the best of Your knowledge, is not false or otherwise may disrupt the Services.
You shall not by any commercial means use the Services or otherwise transfer for value the Services or the Content. You agree not to use the Services except as expressly permitted under these Terms.
Scraping of any information contained in the Services, including any third party information accessible via the Services, is strictly prohibited.
The Services or the Content may not be used in any way, which is illegal, harmful or may be considered offensive by PayTunes, or third parties. You therefore agree not to exploit the Services in any unauthorized way whatsoever, including but not limited to, trespass or burdening network capacity. Notwithstanding any other remedies available to PayTunes, You agree that PayTunes may suspend or terminate Your use of the Services without notice if You use the Services or the Content in any prohibited manner, and that such use will be deemed a breach of these Terms.
You may contact PayTunes at firstname.lastname@example.org to report any violation or infringement of Your rights by Users of the Services.
The Services are protected by copyright laws and intellectual property laws and treaties. PayTunes and its licensors shall retain ownership in and to the Services and to all related intellectual property rights, including without limitation trademarks, trade names, database rights and patents. You are granted only a limited right to use the Services subject to these Terms.
Scope of License
Subject to your compliance with these Terms at all times, PayTunes grants You a personal, limited and non-exclusive right to use the Services for Your own personal, non-commercial use. This license does not allow You to use the PayTunes Apps on any mobile device that You do not own or control. You may only redistribute the PayTunes App unmodified for non-commercial purposes to a party that has agreed to these Terms. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the PayTunes App, any updates, or any part thereof.
The license does not allow You to use PayTunes’ name, trademarks or other commercial symbols. All rights and licenses not expressly granted to You under these Terms shall be retained by PayTunes.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW PAYTUNES MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE SERVICES, THEIR QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. AS A RESULT, THE SERVICES ARE PROVIDED "AS IS" AND YOU ARE ASSUMING THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE.
You understand and acknowledge that PayTunes will not be liable for network-related problems attributable to the operation of the Services and that network configuration changes may affect the Services’ performance.
PayTunes makes no representation that the Services are available for use in any particular location. To the extent You choose to access the Services, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, YOU EXPRESSLY AGREE THAT PAYTUNES SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA AND GOODWILL, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENT, even if advised of the possibility of such damages. In particular, and without limitation, PayTunes shall have no liability for any information stored or processed within the Services, including the costs of recovering such information. Your only right or remedy with respect to any problems or dissatisfaction with the Services, is to uninstall the PayTunes App and cease use of the Services.
Nothing in this section Limitation of Liability shall, however, limit or exclude the Responsible Publisher’s liability under the Indian Fundamental Law on Freedom of Expression.
PayTunes will also not be liable in case if a User fails to redeem their points or any other rewards issued by the Company; or pertaining to any changes in the policy of PayTunes.
PayTunes strives to provide adequate and efficient technical support, upgrades and updates for the Services. PayTunes shall not, however, be under any obligation to provide support or maintenance for the Services under these Terms and reserves the right to limit the support, upgrades and updates provided from time to time.
Your right to use the Services continues until these Terms are terminated. PayTunes may terminate them and Your use of the Services at any time with advance notice. You may terminate them at any time by uninstalling the PayTunes App and ceasing the use of the Services. These Terms will automatically terminate if You fail substantially to comply with them. Upon any termination, You agree to stop using the Services. Upon termination by You, or by PayTunes due to Your breach of these Terms, You will not be refunded any part of the Services, if any.
Provisions of sections No Warranty, Limitation of Liability, and Termination shall survive any termination of these Terms.
PayTunes reserves the right, at its own discretion, to freely assign and transfer the rights and duties under these Terms to any third party.
Additional and Changed Terms
PayTunes reserves the right to modify the Services and these Terms at any time by providing revised Terms to the User or by publishing the revised Terms within the Services. In case of material changes, the User shall always be notified thereof via publication on the PayTunes website and provided the option to immediately terminate the Services.
The revised Terms shall become effective upon such publishing or notification to the User. You will always find the latest version of these Terms at www.paytunes.in.
Your use of the Services and their various functionalities and the ensuing relationship between you and PayTunes are governed by these Terms, which shall be construed in accordance with, and governed by, the laws of India, excluding its choice of law rules. All disputes relating to these Terms shall exclusively be adjudicated in India, with the Court of Delhi as the court of first instance.