Mapoosa Terms of Use – Updated January 1, 2013.

Introduction

This site – www.Mapoosa.com (‘Mapoosa’ or ‘the Site’) – is owned, operated and presented to users world-wide by Callystro Infotech Private Limited (‘Callystro’). Mapoosa is a virtual world that entertains and educates kids all around the world by engaging them in exploration and educational games (games based on India’s NCERT syllabus).

By using Mapoosa or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these terms of use. If you do not agree to these documents, you may not use Mapoosa. If you are a parent or guardian and you provide your consent to your child's registration with the site, you agree to be bound by these terms of use in respect of their use of the site.

Special terms apply to some features/services offered on Mapoosa, like subscription-based services, events, other features or activities. These terms are posted in connection with the applicable service. Subject to applicable law, any such terms are in addition to these terms of use, and in the event of a conflict, prevail over these terms of use.

You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Site and receipt of data, materials and information available at or through the Site, the possibility of our use or display of your Solicited Submissions and the possibility of the publicity and promotion from our use or display of your Solicited Submissions. If you post Submissions, you are granting Callystro and its partners, royalty-free, perpetual and irrevocable right to use, modify, publish, translate and display the content.

Rules Of Conduct

The following Rules of Conduct apply to the Site. By using the Site, you agree that you will not Distribute any Submission that:

  • is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
  • infringes or violates any right of a third party;
  • (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity
  • is commercial, business-related or advertises or offers to sell any products, services or otherwise;
  • contains a virus or other harmful component, or otherwise interferes with any person or entity's use or enjoyment of the Site or
  • is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.

We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

User Accounts

Some services on the Site permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the ‘Registration Data’). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Site. In addition, you agree to exit from your account at the end of each session.

Subject to applicable law, we may suspend or terminate your account and your ability to use any the Site or portion thereof for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

Membership, Refund, Cancellation

You may purchase a membership ("Membership") for your own User Account or another person's User Account on this Site. You must be eighteen (18) years or older to purchase a Membership. By purchasing a Membership on this Site, you represent that you are eighteen (18) years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of purchasing Membership. Membership can be purchased for various terms of months and provides certain benefits as stated on the membership information page. A purchased Membership shall renew automatically at the conclusion of the then current Membership period for the same duration at the then current price for the applicable Membership period. A Membership renewal shall be charged to the credit card or payment method, as applicable, used at the first time of purchase. We will send an email notice of such automatic renewal to the email address of the original purchaser.

A purchaser may always cancel or decline to renew a membership as specified in the Membership information page and/or the Membership renewal notice. Please note that if a Membership is cancelled before the expiration of the then current term, no refunds will be given to the purchaser. Memberships are non-transferable and non-refundable.

Delivery Policy

Once you buy a membership, a receipt for this will be sent to you for your records to the email address you mentioned while buying the license. Your account will be upgraded to have all the Member privileges.

Use of Content

The Site is only for your personal use. You may not use the Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity.

All information, materials, functions and other content (including Submissions from users) (‘Content’) contained on the Site are our copyrighted property or the copyrighted property of our licensors or licensees. Do not use any portion of the website without the prior consent of Callystro. We may change the Site or delete Content or features at any time, in any way, for any reason.

Except as we specifically agree in writing, no Content from Mapoosa may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Site, not even as part of a derivative work. Any business use, "re-mailing" or high-volume or automated use of Site is prohibited.

In the event that we offer downloads of software on a Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the ‘Software’) are licensed to you by us or third-party licensors for your limited, personal, noncommercial home use only. We do not transfer title to the Software to you. Except as permitted under applicable law, you may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble, adapt it, or otherwise reduce the Software to a human-readable form, except to the extent permitted by applicable law.

You acknowledge and agree that nothing in these terms of use shall have the effect of transferring the ownership of any copyrights, trademarks, slogans, service marks, trade names, trade dress or other proprietary rights in the Site or Content or any part thereof to you or any third party nor to authorize you to create derivative works based on the Content. You undertake not to do any act or thing which is inconsistent with or which is likely in any way to prejudice such title.

Submissions

In these terms of use, we use the word ‘Submissions’ to mean text, messages, photographs, pictures, stories, ideas, concepts, suggestions, screenplays, treatments, formats, artwork, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, ‘Distribute’) on or through the Site.

We do not accept or consider unsolicited Submissions - so please do not Distribute unsolicited Submissions on the Site. We want to avoid the possibility of future misunderstandings when projects developed by us might seem to others to be similar to their own submissions or comments. We therefore ask that you not Distribute any Unsolicited Submission. In any event, you agree that any Submissions you make is not being made in confidence or trust, and that you have no expectation of any review, compensation or consideration of any type.

We, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission.

Removal Of Submissions

We reserve the right to refuse to post or communicate or remove any Submission from the Site at any time for any reason or no reason whatsoever.

Licenses And Representations

You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license for an indeterminate period (or for such maximum period permitted by applicable law) under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual and industrial property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including removing art, lyrics and music from any Submission or substituting the art, lyrics and music in any Submission with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes including, without limitation, entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the ‘Submissions License’).

Public Forums And Communication

‘Public Forum’ means an area, site or feature offered as part of any Site that offers the opportunity for users to Distribute Submissions for viewing by one or more Site users, including a chat area, message board or social community environment.

You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk..

Subject to applicable law, you are and shall remain solely responsible for the Submissions you Distribute on or through the Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith. We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute. We reserve the right to screen, refuse to post, remove or edit Submissions at any time and for any or no reason including, without limitation, if your Submission fails to conform to the Rules of Conduct, in our absolute and sole discretion without prior notice. If we elect to screen Submissions, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your Submissions including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material.

Disclaimers

The content of Site are intended for educational and entertainment purposes only. Subject to applicable law, the content on the site is provided "as is" and without conditions or warranties of any kind. To the fullest extent permissible pursuant to applicable law, we disclaim all conditions and warranties, express or implied, including, subject to applicable law, those of merchantability, fitness for a particular purpose, accuracy, completeness, availability, security, compatability and noninfringement. We do not warrant that any content will be error-free, that access thereto will be uninterrupted, that defects will be corrected, or that the site or the servers that make such content available are free of viruses or other harmful components. Moreover, subject to applicable law, you assume the entire cost of all necessary servicing, repair or correction. We do not warrant or make any representations regarding the use or the results of the use of any content. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You hereby irrevocably waive any claim against us with respect to content and any content you provide to third party sites (including credit card and other personal information), to the fullest extent permitted by applicable law. Please note, however, that this does not affect your statutory rights as a consumer, in particular the legal warranty for latent defects for users who access the site in certain jurisdictions.

Site may contain the opinions and views of other users. Given the interactive nature of these sites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.

Indemnification

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the Site and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Limitation Of Liability

Subject to applicable law, we may terminate your further access to site or change the site or delete content or features in any way, at any time and for any reason or no reason without liability.

Controlling Law and venue issues

Subject to the requirements of applicable consumer rights and other laws, you agree that any action at law or in equity arising out of or relating to these terms of use or the Site shall be filed, and that venue properly lies, only in courts located in the City of Mangalore, India, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that Content on the Site is appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

Termination

These terms of use are effective until terminated by either you or us. You may terminate these terms of use at any time by discontinuing use of the Site and destroying all materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under these terms of use or otherwise.

We may immediately terminate these terms of use with respect to you (including your access to the Site) in our absolute discretion including, without limitation, if you breach or fail to comply with any material term or provision of these terms of use. Upon termination, you must cease use of the Site and destroy all materials obtained from the Site and all copies thereof, whether made under these terms of use or otherwise.

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. Any fraudulent, abusive or otherwise illegal activity may also be grounds for termination of your account, at our sole discretion, and you may be reported to appropriate law-enforcement agencies.

General Provisions

Subject to the requirements of applicable consumer rights and other laws, these terms of use shall be governed by and construed in accordance with the laws of India, without giving effect to any principles of conflicts of law. Supply of goods, services and software through the Site is subject to Indian government economic sanctions requirements. By acquiring any such items through the Site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements.

Copyright

If you have any complaints or objections to material posted on this site, please contact our Designated Agent (‘Notice’):

Designated Agent
Callystro Infotech Private Limited,
2nd Floor, City Trade Center, Kadri, Mangalore,
Karnataka 575003 , India
Phone: +91 824 2441455
Email: mapoosa@callystro.com

To be effective, the Notice must include the following:

  • A physical or electronic signature of the owner or a person authorized to act on behalf of the owner (‘Complaining Party’) of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
  • A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


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