Description of Service
The Services provided by MVIZZ enables the End User to send electronic messages containing rich media content, including, but not limited to, images, videos, music, sound clips and other audiovisual and/or interactive features. Any new feature, enhancement, addition, change or upgrade to the current Service shall be subject to the terms and conditions set forth in the Agreement herein
Intellectual Property Rights in Your Content
The end user agrees to not upload or transmit any contact lists, communications or content of any type to this web site or in connection with the Products that infringe, misappropriate or violate any rights of any party. By submitting ideas, concepts, inventions, or content to this web site or using them in connection with the Products, the end user agrees that such submission is non-confidential for all purposes. If any such submission is made, the end user agrees that he will not send or transmit to MVIZZ or to any third party using the Products, any communication or content that infringes or violates any rights of any party. If the end user submits any business information, ideas, concepts or inventions or content to MVIZZ by email, the end user agree such submission is non-confidential for all purposes. If the end user makes any submission to this web site or if submits any business information, idea, concept or invention to MVIZZ by email, the end user automatically grantor warrant that the owner of such content or intellectual property has expressly granted MVIZZ a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content in any manner.
The end user hereby agrees to defend, indemnify and hold harmless MVIZZ and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any messages the end user distributes using the Products or (iii) arises from the end user’s activities or postings on the platform provided by MVIZZ, (iv)otherwise arises from or relates to the end user’s use of the Products. In addition, the end user acknowledges and agrees that MVIZZ has the right to seek damages when the end users uses the Products for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.
MVIZZ reserves the right to modify and/or discontinue the Service, whether temporarily or permanently, with or without notice to the users, and MVIZZ shall not be liable to the end user or any third party for any such modification and/or discontinuance of the Service. MVIZZ further reserves the right to make revisions, modifications, additions, deletions or any such changes to this Agreement at its sole discretion, at any time, with or without notice to its users.
The end user agrees to import, access or otherwise use only Permission Based Lists in connection with their use of the Products. The end user hereby covenants that the end user shall not use any other lists in connection with the end user’s use of the Products. If the end user have used the MVIZZ feature that allows end user to request a recipient to confirm that the end user have his or her permission to send emails to him or her, and such recipient has not responded or does not respond affirmatively to such request for confirmation, the end user agrees that they shall not send emails to that recipient untill the permission has been received. Without limiting the foregoing, the end user agrees that they shall not utilize the Product to send any commercial electronic mail message (as that term is defined in the CAN-SPAM Act of 2003) to any person who has opted out or otherwise objected to receiving such messages from the end user or another sender on whose behalf the end user may be acting. The end user cannot mail to distribution lists, newsgroups, or spam or unsolicited email addresses. The end user cannot copy a MVIZZ template or any other features or functionality from the Products and use them for any purpose other than sending email messages from the Platform. Emails send by the end user through the Product may generate spam complaints from recipients. As a matter of privacy, MVIZZ cannot share with the end user the email addresses of those who complain about the end user’s email campaign. The end user is responsible for ensuring that their email campaigns do not generate a number of spam complaints in excess of industry norms. MVIZZ, in its sole discretion, shall determine whether the end user’s level of spam complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement. MVIZZ will terminate the end user’s use of its Products, Platform and/or Service if MVIZZ determines that the level of spam complaints is higher than industry norms.
Images hosted by MVIZZ on MVIZZ controlled servers may only be used in connection with the Products and for no other purpose whatsoever. To the extent the end user use images provided by MVIZZ, MVIZZ hereby grants the end user a limited, non-exclusive, non-transferable sublicense to use the images in an unaltered state solely in connection with the end user’s use of the Products.
Provides, sells or offers to sell any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products, including but not limited to magazines, video and software; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons.
Displays or markets material that exploits children, or otherwise exploits children under 18 years of age.
Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, work at home businesses, credit or finance management, including but not limited to credit repair and debt relief offerings and stock and trading tips, and mortgage finance offers and odds making and betting/gambling services, including but not limited to poker, casino games, horse and dog racing and college and pro sporting events.
Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
Posts or discloses any personally identifying information or private information about children without their consent (or their parents consent in the case of a minor).
Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
Promotes, solicits or participates in pyramid schemes or multi-level channel and/or network marketing (MLM) businesses, including but not limited to personal work-at-home offers promoting “get rich quick, “build your wealth and “financial independence offerings.
Engages in any libelous, defamatory, scandalous, threatening, harassing activity.
Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner.
Commercial Fees for Email Marketing Product
For the Email Marketing Product, once the end user have completed your free trial period or has exceeded the free email sending limit, the end user will be subject to an email sending cost as as visible on the MVIZZ website pricing page or custom plan if provided in a custom quotation. It is further clarified that each email sent will be considered as consumption of an email credit and will be deducted from the end user’s email credit send balance irrespective if the email has been delivered, bounced or undelivered to any reason what so ever. The end user will be required to submit payment in advance for the Email Marketing Product as per their tariff plans provided by MVIZZ. Access to the Email Marketing Product will be disabled until payment is received. If the end user is using a Monthly Subscription model provided by MVIZZ, Fees will be billed automatically monthly or the end user’s pre-paid account will be debited monthly for the Email Marketing Product, even if the end user is not using the Email Marketing Product. If selected by the end user, the end user may be billed for premium image hosting and email archiving services. All costs are exclusive of GST levied by the Indian Government @ 18% on date of this agreement. Any changes in taxes or tax structure shall apply w.e.f the levy date imposed by the Indian Government.
Each email account provided by MVIZZ is allocated a sending limit to the extent of which the End User can send out emails. The cost of an email credit is as per the tariff opted by the end user.
Payment for Products will be made in prepaid by Cheque/Demand Draft/Credit Card or Wire/Online Transfer in the bank account of MVIZZ. Fees are payable in Indian Rupees only (INR). Clients outside India can pay via PayPal and transaction fees and commission by the payment gateway (PayPal) to be borne by the client. MVIZZ will attempt to notify the end user via email and the end user’s MVIZZ account will be disabled until payment is received. Amounts paid for the Products are not refundable. Unused credits within given validity will not be refunded or carried forward.
Taxes & Tax Deducted at Source
MVIZZ shall charges the applicable taxes as per it’s company tax structure and applicable laws by the Government of India. The end user shall deduct the applicable TDS on each Invoice, as per the applicable norms. Further, each party shall deposit the deducted TDS amount in the department, within applicable time period, as specified in the Income Tax rules, and it shall issue FORM 16A to the other party to avail relevant benefits/ consideration of said deduction in TDS filling by the other party in this regards.
MVIZZ will not accept, review or consider any suggestions, ideas, notes, drawings, diagrams, concepts or other information (hereinafter referred to as “Information) from any End User or other third party, other than those it has specifically and expressly solicited, and MVIZZ therefore requests that any End User or other third party refrain from sending any such Information to MVIZZ. If any End User or other third party elects to send any suggestion, idea, note, drawing, diagram, concept or other information, any such Information shall be deemed the property of MVIZZ. End User hereby assigns and transfers all Intellectual Property Rights in and to the Information to MVIZZ, and End User further agrees to reasonably and promptly effectuate the assignment described herein by executing all applicable instruments and documents now or hereafter requested by MVIZZ which are necessary to effectuate the assignment, as well as perform any other reasonable act deemed necessary by MVIZZ to fully transfer ownership of the Information to MVIZZ to the fullest extent possible. During any such transfer of ownership of Information from End User to MVIZZ, MVIZZ is not responsible or liable to provide compensation to End User in any way, form or manner for the transfer or assignment of Intellectual Property Rights in and to the Information, nor is MVIZZ subject to any confidentiality policies on behalf of the End User regarding the Information and, therefore, shall not be liable or owe any compensation to End User for any use and/or disclosure of the Information.
The End User’s Information
In using the varied features of the Products, the end user may provide information about themselves or their employer (such as name, contact information, or other registration information) to MVIZZ. MVIZZ may use this information and any technical information about the end user’s use of the Products to tailor its presentations to the end user, facilitate the end user’s movement through the Product/Platform/Service, or communicate separately with the end user. If the end user accessed the Products as a result of solicitation by a marketing partner of MVIZZ, MVIZZ may share the end user’s information with the marketing partner and the marketing partner may share related information with MVIZZ. Except as described above. MVIZZ will not provide the end user’s information, including the end user’s contact and account information, to third parties who the end user has not authorized to receive such information, except(i) as required by law or court order, including without limitation judicial process and law enforcement, or in the good-faith belief that such action is necessary to comply with law or a court order or (ii) if the end user’s MVIZZ account was terminated from due to unsolicited commercial email being sent from the end user’s MVIZZ account. MVIZZ will never sell or rent the end user’s contact lists to anyone without the end user’s permission and acknowledges the end user’s ownership right in the end user’s contact lists. In the event MVIZZ amends or revises the policy described in the immediately preceding sentence, it will provide advance notice of such amendment or revision.
Links to Third-Party Web Sites
This web site may contain links to non-MVIZZ product. These links are provided to the end user as a convenience, and MVIZZ is not responsible for the content of any linked web site. Any non-MVIZZ web site accessed from this product is independent from MVIZZ, and MVIZZ has no control over the content of that web site. In addition, a link to any non-MVIZZ web site does not imply that MVIZZ endorses or accepts any responsibility for the content or use of such web site.
RESTRICTIONS AND RESPONSIBILITIES
No Rights in Software
This is an Agreement for services and access to this web site, and the end user is not granted a license to any software by this Agreement. The end user shall not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Products or any software, documentation, or data related to the Products/Platform/Service); remove any proprietary notices or labels from the Products or any Software, modify, translate, or create derivative works based on the Products or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Products or any Software.
Unless the end user is an authorized reseller of the Products, the end user may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Products or the Software, or any content, including but not limited to newsletters, distributed to the end user by MVIZZ in connection with the Products. Violation of these restrictions may result in the termination of this Agreement.
Right to Disable Access
MVIZZ, at its own discretion, may immediately disable the end user’s access to the Products without refund if MVIZZ believes in its sole discretion that the end user has violated any of the policies listed above or elsewhere in this Agreement.
By accessing, using and/or registering for the Service, the end user shall not use the Service, in whole or in part, in any way, for the purpose of composing and/or sending chain letters, junk electronic mail, “spam, or any purpose that involves the utilization of distribution lists to any third party business or individual that has not given express specific permission to be included in such a distribution list. Any electronic mail advertisement that is composed and addressed to a third-party recipient with whom the sender does not have an existing business, commercial or personal relationship and which is not sent at the express request or consent of the recipient to receive such a Message from the end user is strictly prohibited (hereinafter referred to as “Spamming). MVIZZ reserves the right to immediately terminate any End Users access to use the Service if such End User uses the Product/Platform/Service, in whole or in part, for Spamming purposes, and MVIZZ reserves the right to seek appropriate legal action as necessary for any such violation. If the end user reasonably believe that any other user may be using the Service for Spamming purposes, the end user hereby agree that the end user will promptly notify MVIZZ of any such violation.
MVIZZ holds no obligation to monitor the Service, the end user’s use of the Service or to store the content of any end user session. However, MVIZZ reserves the right to monitor, review, retain, store or disclose any information or content as necessary, at any time, in conjunction with any applicable law, regulation, policy, legal process and/or government or police request, or to enforce this Agreement herein at the sole discretion of MVIZZ. The end user hereby agrees that MVIZZ shall be held harmless from any liability for any such monitoring, lack of monitoring, review, lack of review, retention, lack of retention and/or disclosure of content or information as described herein.
The end user may terminate this Agreement at any time by calling MVIZZ Customer Support. There are no refunds for any fees paid. THE END USER IS RESPONSIBLE FOR TERMINATING THEIR ACCOUNT AND THIS AGREEMENT AND MVIZZ IS NOT RESPONSIBLE FOR THE END USER’S FAILURE TO PROPERLY TERMINATE THEIR ACCOUNT AND THIS AGREEMENT AND ANY CREDIT CARD CHARGES AND FEES THE END USER INCUR AS A RESULT OF THE END USER’S FAILURE TO PROPERLY TERMINATE THEIR ACCOUNT AND THIS AGREEMENT.
MVIZZ may terminate this Agreement or the Products, disable the end user’s account or put the end user’s account on inactive status, in each case at any time with or without cause, and with or without notice. MVIZZ shall have no liability to the end user or any third party because of such termination or action.
MVIZZ may delete any of the end user’s archived data within 30 days after the date of termination. After termination, the end user shall process all unsubscribe requests within 30 days of the end user last email campaign. MVIZZ will provide upon request the list of unsubscribe requests from the end user’s account. Under the CAN-SPAM Act of 2003, the end user acknowledges that the end user are responsible for maintaining and honouring the list of unsubscribe requests following termination of their account and this Agreement. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
If the end user account is classified (at MVIZZs sole discretion) as inactive for over 90 days, MVIZZ has the right to permanently delete the end user’s complete account data including contact lists, campaigns, reports and account settings. MVIZZ will use good faith efforts to contact the end user via email prior to taking any permanent removal actions.
No Implied Endorsements
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by MVIZZ of that third party or of any product or service provided by a third party.
Username and Password
The end user shall be responsible for maintaining the security of their account, passwords, and files. MVIZZ will accept the instructions of any individual who claims to be authorised to direct changes to the end user’s account so long as such person presents the end user’s username and password by email or by phone, or through a Third Party Service, if any, through which the end user accesses or sees the Platform. MVIZZ has no knowledge of the end user’s organizational structure, if the end user is registering for the Products as an entity, or the end user’s personal relationships, if you are a person. MVIZZ shall not be responsible for the actions of any individuals who misuse or misappropriate the end user contact lists or other assets using the end user’s username and password.
If there is any dispute about or involving the Service provided by MVIZZ or the end user using the Service, the dispute will be governed by the courts at New Delhi.
In case of any dispute between both parties, the same shall be resolved by both parties in amicable way. In case, discussion is failed, the dispute will be referred to an arbitrator, mutually appointed by both parties. The Arbitration & Conciliation Act, 1996 or its statutory modifications amendments or re-enactment thereof shall be applicable herein. The Arbitration Proceedings and all other matters connected to arbitration shall be subject to the exclusive jurisdiction of Courts at New Delhi.
Disclaimer of Warranties
The end user expressly agrees that use of the Service is at the end user’s sole risk. The Service is provided by MVIZZ on an “as is and “as available basis. MVIZZ 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. MVIZZ makes no warranties that the Service will meet the end user’s requirements and/or be uninterrupted, timely, secure or error-free, nor does MVIZZ make any warranty as to the accuracy or reliability of any information obtained and/or downloaded through the use of the Service or that defects in the system and software will be corrected. MVIZZ makes no warranty regarding any goods or services purchased or downloaded through the use of the Service or any third-party links or any information obtained or transactions entered into through the use of the Service. No advice or information, whether oral or written, obtained by the end user from MVIZZ shall create a warranty not expressly stated herein. Furthermore, MVIZZ makes no warranties concerning the suitability of the content provided through the Service for any purpose.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL mVizz OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “mVizz) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF mVizz SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, mVizz IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF mVizz TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCTS IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY mVizz TO YOU IN THAT TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
The end user may cancel their account at any time. The end user’s subscription fee and taxes are prepaid so we simply require that the end user cancel prior to the end user’s next renewal date or after consumption of email credits. We do not prorate or refund our service. All cancellations must be done by email only with no exceptions. Please send us a Cancellation Request with our without a reason for cancellation with all necessary information like Company Billing Name, Billing Address and Tariff Plan and email it to support@VizzMedia.com. Upon receipt, we will schedule the end user’s account for cancellation. The end user’s account will remain accessible and active up until the Three Days from the date of receipt of such cancellation request. At that time, we will permanently cancel and delete from our system the end user’s all email lists, campaigns, and reports. Please note inactivity in the end user’s account will not constitute a cancellation.
Contact Lists & Campaign Reports
It is solely the responsibility and liability of the end user in case of any intentional or accidental deletion of the end user’s contact list(s), email campaign records, email campaign statistics in their account with us. Under no circumstances shall MVIZZ, its management, officers, employees, agents, associates, consultants, shareholders and partners be responsible for any damages resulting from loss of data from the end user’s email account due to any reason. MVIZZ shall try to provide summarized records of the end user’s email campaign consumption, total opens, total clicks and total bounces which shall be considered as genuine and final but MVIZZ is not liable to provide these records. MVIZZ is not responsible or liable to any extent of holding, preserving or maintaining records of the end user’s email campaign content or email campaign statistics as per the end user’s email campaign account with us. MVIZZ does not guarantee Email Delivery and/or any Minimum/Maximum Open Rate of Email Opens.
If any term or provision of this Agreement is determined to be illegal, unenforceable or invalid in whole or in part for any reason, such illegal, unenforceable or invalid provision(s) or part thereof shall be stricken from this Agreement, and such provision(s) shall not affect the legality, enforceability or validity of the remainder of this Agreement. If any provision or part thereof is stricken in accordance with the provisions of this section, then this stricken provision shall be replaced, to the extent possible, with a legal, enforceable and valid provision that is as similar in tenor to the stricken provision as is legally possible.
Restricted Persons; Export of Products or Technical Data
The end user hereby warrants that the end user is not a Restricted Person or Entity who or which is prohibited from engaging in transactions as per the Indian Penal Code. If the end user becomes a Restricted Person during the term of this Agreement, the end user shall notify MVIZZ within twenty-four (24) hours by email and MVIZZ shall have the right to terminate any further obligations to the end user, effective immediately and with no further liability to the end user, but without prejudice to the end user’s outstanding obligations to MVIZZ.
The end user agrees that they shall not utilize the Products to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the Indian Government. The end user may not remove or export from India or allow the export or re-export of the Products, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the Indian Government or any other applicable country.
Use of Service and Storage Limitations
MVIZZ may, at its sole discretion, establish and enforce general practices, policies and limitations with regard to the end user’s use of the Service, including, but not limited to: a) the maximum number of day(s) that electronic mail messages or other uploaded content will be stored by the Service; b) the maximum number of electronic mail messages that may be sent or received by the end user’s account through the Service; c) the maximum size of any electronic mail messages that may be sent or received by the end user’s account through the Service; d) the maximum disk and/or server space that will be allotted to the end user on MVIZZs servers for their use of the Service; and/or e) the maximum number of instances and duration which the end user may access the Service in a given period of time. The amount of electronic mail storage on MVIZZs server allotted to the end user for their use of the Service is limited; however, additional storage space for electronic mail messages may be available to the end user upon payment of additional fees. MVIZZ shall not be held liable for the deletion of an electronic mail message or the failure to compose or send an electronic mail message through use of the Service, nor is MVIZZ liable for electronic mail messages that are not processed or sent due to space limitations or outbound message limitations. MVIZZ reserves the right to log in to the account of any end user which has been inactive for over THREE (3) months at the sole discretion of MVIZZ. MVIZZ further reserves the right to modify, add to or otherwise change these practices, policies and limitations at any time, with or without notice to the end user, at its sole discretion.
Acceptable Bounce Rate
By using the MVIZZ Software and Services, the end user acknowledges and agrees to keep the email campaign with an acceptable bounce rate for any campaign sent to not exceed 5.00% failing which the end user’s email account and access may be blocked, de-activated or terminated without any refund of unused validity or email credits.
Your Logo & Identity
End User Obligations
By accessing, using and/or signing up for MVIZZs Email services the end user agrees to: a) provide accurate, true, complete and current user information as requested by MVIZZ at any time; b) promptly and regularly update their user(s) information to maintain its accuracy and completeness; c) provide for their own access to the Internet and pay any fees or costs relative to such access that is required to access the Service; d) provide all necessary equipment and/or materials necessary for them to make such connection to the Internet in order to access, use and/or register for the Service. By providing any user information that is untrue, inaccurate, incomplete and/or not current, MVIZZ reserves the right to suspend or terminate the end user’s account and refuse any and all current or future use of the Service, in whole or in part, by the end user. On occasion, MVIZZ may ask the end user to sign an affidavit verifying the fact that the end user’s list is truly permission based.
End User Privacy
End User Conduct
By accessing and/or using the MVIZZ’s Email Services, the end user hereby represents and warrants that the end user will not utilize the Service for any purpose that is unlawful and/or prohibited by the terms and conditions in this Agreement. The Service provided by MVIZZ makes use of the Internet to compose, send and receive Messages; therefore, each End Users conduct is subject to Internet law, regulations, policies and procedures. By utilizing the Service, the end user shall not engage in unlawful or unethical activities through their use of the Service, including, but not limited to: a) unsolicited surveys, contests or pyramid schemes; b) defamation, libel, slander, abuse, harassment, stalking, embarrassment, threatening acts or otherwise violate the legal rights of any third party; c) publish and/or distribute inappropriate, profane, vulgar, defamatory, infringing, obscene, adult-oriented, pornographic, tortuous, indecent, unlawful, immoral or otherwise objectionable material; d) harm minors in any way, form or manner; e) harvest or collect any information about any third party, including, but not limited to, e-mail addresses, without consent of such third party; f) record conversations or communications between or among any other third parties without the consent of such third parties; g) create false identities for the purpose of misleading any third party as to the identity of the sender of any Message or to manipulate the origin of any Message or transmission of same; h) transmit or upload any content or materials that contain viruses, trojan horses, worms, bots or any other harmful or destructive programs; i) transmit or upload any content or materials that contain software or other content that is protected by Intellectual Property Rights, including, but not limited to, copyright, trademark and patent rights, rights of privacy or publicity, or any other applicable law, unless the end user is the owner of such rights thereto or have received all necessary consents by the respective owners of such rights; j) transmit or upload any content or material that would encourage conduct that could constitute a criminal offense, civil liability or otherwise violate any applicable local, state, federal or international law, regulation or policy; k) interfere with, disrupt or manipulate the Service, its networks or servers, or violate the regulations, policies and procedures of such networks and servers; l) successfully gain or attempt to gain unlawful and/or unauthorized access to the Service and/or accounts, systems and networks connected to the Service by password mining or other unauthorized means; m) violate any applicable laws, policies or regulations, including, but not limited to, laws relative to the transmission of data or software exported from India and the United States of America through the Service and/or any other applicable local, state, federal and international law and regulation; n) interfere with any individual, entity, or any other third partys use and enjoyment of the Service; o) use the Service to advertise and/or promote any illegal activities; p) use the Service for illegal purposes; q) use the Service for gambling or betting purposes; r) use the Service to promote the use of alcohol, firearms or tobacco products; s) use the Service to send electronic mail transmissions to any third party that include links to any web site that violates the terms and conditions set forth in this Agreement; or t) engage in any other conduct, activity or behavior that, in MVIZZs sole and exclusive discretion, is considered unauthorized, illegal, immoral or objectionable.
This Agreement represents the entire agreement between the end user and MVIZZ with respect to the end user’s use of the Service, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the end user and MVIZZ with respect to the end user’s use of the Service.