Last updated on: 16th March, 2022
TERMS OF SERVICE
These Terms of Service (“Terms”) govern your use of the services, software and websites (the “Service”) provided by Joyn Experiences Inc, a Delaware corporation, with a place of business at 2529 las Palmas Lane Plano TX 75075 ( “We”, “Our”, “Company” “Zuddl”), and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (together, the “Content”) uploaded, downloaded, or appearing on our Website or Applications. All such Content exclusively belongs to the Company.
All terms used with a capitalized first letter shall have the meaning assigned to them hereunder.
The Website and Application are collectively referred to as “Platform”
“User(s)” refers to any person who registers or avails the Platform through an invite from You or the other Authorized Users.
The Company entered into a licensing agreement with your employer (“Licensee”). The Licensee has provided your information along with other employees as the authorized users of the Platform/ Services (“Authorized Users”). As Authorized Users of the Licensee, you shall be able to access and use the Platform/ Services in accordance with the Agreement and these documentation available at http://help.zuddl.com/ (“Services”)
The Authorized User shall register by following the instruction/direction on the Platform and providing details such as but not limited to profile information. (As context permits, the Authorized User may also be referred to as “You” or “Your”)
You may not assign or otherwise transfer your Zuddl account to another party. This is available only for the Licensee.
You must provide accurate, current and complete information during the registration process and keep the information up to date at all times.
- No joint venture, partnership, employment, or agency relationship exists between You and Zuddl as a result of the Agreement or Your use of the Zuddl Platform. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
- You agree that You shall not access the Platform by any other means other than through the interfaces that are provided by Us.
- You agree that You shall not acquire, copy, or monitor any portion of the Platform in any way to reproduce or circumvent the navigational structure or presentation of the Platform, to obtain or attempt to obtain any materials, documents, or information through any means not specifically made available through the Platform.
- You agree that You shall not attempt to reverse engineer, de-encrypt, or otherwise derive the design, internal logic, structure or inner workings (including algorithms and source code) of the Platform, any other software, products, models, prototypes, or other items provided by Us.
- You agree that You shall not use any deep link, robot, spider or other automatic device or methodology, or any similar or equivalent manual process, to access, acquire, download, copy or monitor the Platform or any part thereof, or obtain any content through means not specifically made available through the Platform.
- You agree that Zuddl may, from time to time, send you new product and feature announcements, marketing materials and promotional offers via email. You may opt-out of such communication by unsubscribing.
- You agree that You shall not breach any provisions of the Agreement or violate any provisions of applicable law.
Code of Conduct
You are solely responsible for compliance with any and all laws, rules, regulations, that may apply to Your use of the Platform. Authorized User shall not host, display, upload, modify, publish, transmit, store, update or share any information that:
- belongs to another person and to which the You do not have any right to;
- is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
- is harmful to child;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
- impersonates another person;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
- contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; and
- If any Authorized User feels that any User you interact with, online, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from You, or (iii) engages in any other disturbing conduct, You should immediately report such person to the appropriate authorities and then to Zuddl by contacting us with Your police station and report number (if available); provided that Your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to You.
LINKS TO THIRD PARTY SITES
The Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Zuddl is not responsible or liable for the availability or accuracy of such Third- Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Zuddl of such Third-Party Services.
AMENDMENTS OF THESE TERMS
Zuddl reserves the right to change, modify, amend, or update these Terms and/ or the Agreement from time to time and such amended provisions of these Terms and/ or the Agreement shall be effective immediately upon being posted on the Platform and You can determine when these Terms were last revised by referring to the ‘LAST UPDATED’ at the top of these Terms. If You do not agree to such provisions, You must stop using the Platform with immediate effect. Your continued use of the Platform will be deemed to signify Your acceptance of the amended provisions of these Terms and/ or the Agreement.
- The Authorized User on behalf of the Licensee may (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Platform (“Content”); and (ii) access and view Content and any content that Zuddl itself makes available on or through the Platform, including proprietary Zuddl Content and any content licensed or authorized for use by or through Zuddl from a third party (“Zuddl Content” and together with Content is referred to as “Collective Content”).
- The Platform, Collective Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of India and other countries. You acknowledge and agree that the Platform and Zuddl Content, including all associated intellectual property rights, are the exclusive property of Zuddl and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform, Zuddl Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Zuddl used on or in connection with the Platform and Zuddl Content are trademarks or registered trademarks of Zuddl in India and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Platform, Zuddl Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
- You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Platform or Collective Content, except to the extent you are the legal owner of certain Content or as expressly permitted by the Licensee and these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Zuddl or its licensors, except for the licenses and rights expressly granted in these Terms.
- Subject to Your compliance with these Terms, Zuddl grants you a limited, non-exclusive, non- sublicensable, revocable, non-transferable license to (i) download and use the Platform; and (ii) access and view any Zuddl Content made available on or through the Platform and accessible to You, solely for use in accordance with the Agreement.
- You and the Licensee are solely responsible for all Content that you make available on or through the Platform. Accordingly, You represent and warrant that: (i) the Licensee/You are the sole and exclusive owner of all Content that you make available on or through the Platform or You/ Licensee have all rights, licenses, consents and releases that are necessary to use such Content on the Platform, as contemplated under these Terms; and (ii) neither the Content nor Your posting, uploading, publication, submission or transmittal of the Content or Zuddl’s use of the Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- This Agreement shall be effective till the termination of the licensing agreement with the Licensee.
- Zuddl may immediately, without notice terminate/ suspend Your access and use of the Platform if (i) You have materially breached Your obligations under these Terms, Our Policies or Standards, Documentation(ii) You have violated applicable laws, regulations or third party rights, or (iii) Zuddl believes in good faith that such action is reasonably necessary to protect the personal safety or property of Zuddl, Users, or third parties.
Zuddl’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
USE OF PERSONAL INFORMATION
If You choose to use the Platform or Collective Content, You do so voluntarily and at your sole risk. The Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Platform and Collective Content, via the Platform remains with You/ the Licensee as the case maybe. Neither Zuddl nor any other party involved in creating, producing, or delivering the Platform or Zuddl Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Platform or Collective Content, (iii) from any communications, interactions or meetings with Users or other persons with whom You communicate, interact or meet with as a result of Your use of the Platform, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Zuddl has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will Zuddl’s aggregate liability arising out of or in connection with these Terms and your use of the Platform in accordance with the terms of the Agreement exceed one hundred U.S. dollars (US$100). The limitations of damages set forth above are fundamental elements of the basis of the bargain between Zuddl and You.
Due to the nature of the Internet, Zuddl cannot guarantee the continuous and uninterrupted availability and accessibility of the Platform. Zuddl may restrict the availability of the Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Platform. Zuddl may improve, enhance and modify the Platform and introduce new Zuddl Services from time to time.
You agree to release, defend (at Zuddl’s option), indemnify, and hold Zuddl and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Platform or any Zuddl Services, or (iii) your breach of any laws, regulations or third party rights.
APPLICABLE LAW AND JURISDICTION
These Terms shall be governed by the laws of India (for all South East Asian countries) and United States (for rest of the world, excluding South East Asian countries). You agree that Zuddl is solely based in United States and India, and nothing shall give rise to personal jurisdiction over Zuddl in jurisdictions other than Delaware, United States/ Hyderabad, India and You shall not raise any claims against Zuddl in any court or forum in any jurisdiction other than Delaware, United States/ Hyderabad, India. Any claim or dispute between the You and Zuddl will be entertained and tried solely and exclusively by a court of competent jurisdiction located in Delaware, United States/ Hyderabad, India and no other place whatsoever.
All notices or demands to or upon Zuddl shall be effective if in writing and shall be deemed to be duly made when sent to Joyn Experiences Inc, a Delaware corporation, with a place of business at 2529 las Palmas Lane Plano TX 75075.
Notice to You shall be deemed to be received by You(s) if and when the Platform is able to demonstrate that communication, whether in physical or electronic form, has been sent to You, or immediately upon Platform’s posting such notice on an area of the Platform that is publicly accessible.
If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision. The remainder of the Terms shall continue in full force and effect.
- Headings for any section of the Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
- The Company shall have the right to assign its obligations and duties in this Agreement to any person or entity.
- All telephonic calls to the Company will be kept completely confidential. However, Your call may be recorded to ensure quality of service. Further, for training purposes and to ensure excellent customer service, calls from the Company to You or from the You to the Company may be monitored and/or recorded.
By accessing or using the Services: You acknowledge that you’ve read, understood, and accept these Terms and any additional documents or policies referred to in or incorporated into these Terms, whether you are participating as a guest or as a registered user;
If these Terms have materially changed since you last access or used the Services, you acknowledge and agree that your continued access or use of the Services constitutes your acceptance of the changed Terms;
You represent and warrant that you are at least eighteen (18) years of age and have the right, authority, and capacity to enter into these Terms, either on behalf of yourself or the entity that you represent; and
You consent to receive communications from us electronically, and you agree that such electronic communications, notices, and postings satisfy any legal requirements that such communications be in writing.