CHULBULI CHAT Terms of Use

Welcome to Chulbuli Chat/ Mobile Jockey ("Service"), a social utility that connects you with the people around you. Hari Om Media Services Pvt. Ltd. ("Company"/ "we") offers this Service to you in association with Tata Teleservices Limited and Tata Teleservices (Maharashtra) Limited (TTL). This Service provides you an opportunity to make friends of your interest Across India & that too without disclosing your mobile number. The Service is live on Voice and SMS. You can directly chat with a person on Voice by using unique 7 digits Id provided to you on Chat. Charges of subscription on this service are Rs30 per month & you can chat with friends directly at 3paisa/sec.

You and all others ("the User/Users") are notified of the terms and conditions on IVR and Web version and can access detailed terms and conditions on our Web version. User’s access of any of these mediums or availing an option to access the Service shall signify that you are bound by these terms of use ("Terms of Use" or "Agreement"). These conditions are applicable to the Users even if the User is using the Service without subscription or in any Try N Buy offer as well. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. In the event of any such change, the changed Terms of Use will be posted on the webpage. Your continued use of the Service after any such changes constitutes your acceptance of the revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service. It is the User’s responsibility to regularly check the terms and conditions to determine if there have been changes to these Terms of Use and to review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Eligibility

Membership of the Service is void where prohibited. This Service is intended solely for Users who are eighteen (18) years of age or older. Any registration by, use of or access to the Service by anyone under 18 years of age is unauthorized, unlicensed and in violation of these Terms of Use and hence strictly prohibited. By using the Service, you represent and warrant that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.

Registration Data; Account Security

In consideration of your use of the Service, you agree to (a) provide accurate, current and complete information about you as may be prompted for the same over the IVR or through sms ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide, to keep it accurate, current and complete; and (c) be fully responsible for all and any uses of your account and for any actions that take place on your account.

Proprietary Rights in Service Content; Limited License

All content on the Service and available through the Service, including information, applications, software, music, sound and other files, and their selection and arrangement (the "Service Content"), are the proprietary property of the Company or its licensors with all rights reserved. The User shall be wholly and solely responsible at all times for all consequences arising out of any use of the service or service content or for any activity not authorized by us. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise. The User hereby agrees that the license is revocable at any time without notice and with or without cause.

User Conduct

You are strictly prohibited not to use vulgar, illegal, obscene wordings on Chat. In case you are reported doing so by other Users, your service can be immediately terminated without any notice and suitable legal action can be initiated against you. Every User has got a right on the service to block any other User from chatting and/or speaking with him/her. This is purely by volition that people speak or chat or interact with each other. Subscription and usage of this Service does not guarantee any results to the Users.

You understand that the Service is available for your personal, non-commercial use only. By posting User content you represent and warrant to us that you have all rights (including but not limited to copyright and other rights).You represent, warrant and agree that no materials or links of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use the Service to:

  • Harvest or collect specific details or other personal information of other Users of the Service by electronic or other means for the purposes of sending unsolicited messages or other unsolicited communications. In case you yourself share the personal Information on the service then we will not be responsible for any type of damage caused to you on the service or beyond service.
  • Use the Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Service. Being Responsible Individuals you are supposed to Inform about any Illegal activity happening to Tata Docomo Customer care so that suitable action can be taken against the unlawful elements.
  • Upload, post, transmit, share, store or otherwise make available any content that under law are deemed to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • Upload, post, transmit, share, store or otherwise make available any audios or videos other than those of a personal nature that with the consent of all parties having interest in such audio or video. ;
  • Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, or any other form of solicitation;
  • Upload, post, transmit, share, store or otherwise make publicly available using the Service any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers etc.
  • Solicit personal information or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • Upload, post, transmit, share 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 telecommunications equipment;
  • Intimidate or harass another;
  • Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • Use or attempt to use another's account, service or system without prior written authorization from the Company, or create a false identity on the Service.
  • Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Company or its Users to any harm or liability of any type.
User Content Posted on the Service

You are solely responsible for the audio clips, profiles (including your name, audio clips, hobbies and likeness), messages, information, music, and other content that you upload, publish or display (hereinafter, "post") on or through the Service, or transmit to or share with other Users (collectively the "User Content"). You may not post, transmit, or share User Content that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Service and may delete or remove (with notice) any Service Content or User Content in its sole discretion, for any reason or no reason and also may in consultation with TTL remove User Content that violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. You are entirely responsible at your sole cost and expense for creating and replacing any User Content you post or store or provide to the Company. You agree that materials of any and/or all kinds submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service which violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory, obscene or otherwise unlawful material are deemed to be not authorized by and without the knowledge of the Company and/or TTL and you shall be wholly and solely responsible for all consequences arising out of such content / material.

When you post User Content, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content. By posting User Content, you automatically grant, represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Service at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. The Company does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

Copyright Complaints

We respect the intellectual property rights of others and we prohibit Users from uploading, posting or otherwise transmitting through the service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of infringers. If you believe that any material on the Service infringes upon any copyright which you own or control, you may send a written notification of such infringement to our designated office location.

User Disputes

You are solely responsible for your interactions with other Service users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

Privacy

We care about the privacy of our Users. By using the Service, you are consenting to have your personal data transferred to and processed in India. You shall ensure that by using this Service you will not be infringing upon the privacy rights of any third party.

Chulbuli Chat/ Mobile Jockey collects basic personal information when you register for the Service or otherwise voluntarily provide such information. We may combine personal information collected from you with information from our other services or third parties to provide a better User experience, including customizing content for you.

  • We may use personal information to provide the services you’ve requested.
  • We have every right to keep track of your chat with any User and provide useful information to any Govt. agency if required within the preview of Law.
  • We may also use personal information for auditing, research and analysis to operate and improve our Services.
  • We may share aggregated non-personal information with third parties outside of the Company.
  • Whenever required we or our service provider may get in touch with you for the purpose of passing on some information or seeking your feedback etc. This can be done till the time you are subscriber of the Service.
  • When we use third parties to assist us in processing your personal information, we require that they comply with appropriate confidentiality and security measures.
  • We may also share information with third parties in limited circumstances, including when complying with legal process, preventing fraud or imminent harm, and ensuring the security of our network and services.
  • The Company processes personal information on its servers in India.
Disclaimers

Neither Company Hariom Media Services Pvt Ltd nor TTL is responsible or liable in any manner for any User Content, Software or Content posted through the Service or in connection with the Service, whether posted or caused by Users of the Service, by third parties or by any of the equipment or programming associated with or utilized in the Service. Although we provide rules for User conduct and postings, we do not screen or control and are not responsible for what content you or any other User posts, transmits or shares through the Service and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you or your family members may encounter through the Service or in connection with any User Content or Software or other Content. Neither Company nor TTL is responsible for the conduct, whether online or offline, of any User of the Service.

The Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of players on account of technical problems or traffic congestion on the network or at any Service or combination thereof, including injury or damage to User's or to any other person's mobile phone, or other hardware or software, related to or resulting from using the Service, including any Mobile Client software. Under no circumstances will the Company or TTL be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's exposure to or use of the Service, any User Content, Software or Content posted on or through the Service or transmitted to Users, or any interactions between Users of the Service, whether online or offline.

THE SERVICE IS PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU OBTAIN CONTENT, MATERIAL, OR DATA FROM OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

THE LIABILITY OF TTL IS LIMITED TO PROVIDING OF TELECOM CONNECTIVITY FOR USING THE SERVICE AND HAS NO LIABILITY OR RESPONSIBILITY IN RESPECT OF THE SERVICE. THE INTERNET CONNECTIVITY IS PROVIDED "AS-IS" AND TTL DISCLAIMS WITH RESPECT TO TELECOM CONNECTIVITY, ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

The Company reserves the right to change any and all content, software and other items used or contained in the Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.

Limitation on Liability

IN NO EVENT WILL COMPANY OR TTL OR THEIR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE, OR ANY OF THE SERVICE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH THE SERVICE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED INR 1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TTL HAS NO LIABILITY IN RESPECT OF THE SERVICE.

Termination

The Company may terminate your membership, delete your profile and any content or information that you have posted on the Service and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18.

Governing Law; Venue and Jurisdiction

By visiting or using the Service, you agree that the laws of the Courts at India without regard to principles of conflict of laws will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. You agree not to commence or prosecute any action in connection therewith other than in the state courts of India, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to, venue and jurisdiction.

Indemnity

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any and/or all loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content you post, your conduct in connection with the Service or with other Users of the Service, or any violation or breach of the terms of this Agreement or of any law or the rights of any third party.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Definitions and Constructions

Unless otherwise specified, the terms “include", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.

Other

These Terms of Use constitute the entire agreement between you and Company regarding the use of the Service, superseding any prior agreements between you and Company relating to your use of the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Terms and Conditions Copyright © 2004-2016 Hari Om Media Services Pvt. Ltd.