Terms of Service
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE REGISTERING.
BY CLICKING ON THE "SIGN UP" BUTTON DISPLAYED AS PART OF THE REGISTRATION PROCESS TO USE THE ZESTIM.COM WEB SITE (“ZESTIM”), A SERVICE PROVIDED BY GAMOOGA SOFTTECH PVT. LTD. (“THE COMPANY”), YOU ARE CONSENTING THE FOLLOWING TERMS AND CONDITIONS (THE AGREEMENT) GOVERNING YOUR USE OF THE Zestim SERVICE (THE SERVICE) ALONG WITH ANY AMENDMENTS THERETO AND ANY OPERATING RULES OR POLICIES THAT MAY BE PUBLISHED FROM TIME TO TIME BY GAMOOGA. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, AND ANY PERSON TO WHICH THE ENTITY PERMITS ACCESS AND USE OF SERVICES, TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT CLICK THE "SIGN UP" BUTTON AND THE REGISTRATION PROCESS WILL NOT CONTINUE.
This is an Agreement for Services, and Customer is not granted a license to any software by this Agreement.
Registration allows you to create a user account in which you will be able to create, customize, manage, and administer applications through Internet access to Gamooga's proprietary software ("Zestim"). Gamooga reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
Gamooga may make changes to the Agreement, and continued use of the Service constitutes Customer’s acceptance of any such changes. In addition, Customer and Gamooga shall be subject to any posted guidelines or rules applicable to such Services that may be posted at any time.
RESPONSIBILITIES AND RIGHTS
You are responsible for all activity occurring under your Account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of Gamooga, including those related to data privacy, international communications and the transmission of technical or personal data. You must:
- Report to Gamooga immediately of any unauthorized use of any account or any other known or suspected breach of security by you or any member of your Team.
- Report to Gamooga immediately and use reasonable efforts to stop immediately any copying or distribution of the Zestim that is known or suspected by you or any member of your Team
- Not impersonate another Gamooga user or provide false identity information to gain access to or use Zestim.
IF, AT THE END OF YOUR SUBSCRIPTION, you elect to discontinue services, then the data that we store when you are using the Zestim per the terms of this Agreement will be considered your personal property and fully transferable to you upon written request to The Company.
RESTRICTIONS ON USE
Your license to use Zestim is limited to you and your Team to use only and cannot be shared with or used by any Third Party with the exception of features that enable you to communicate with the Third Party. You agree NOT to:
- modify or make derivative works based upon the Zestim;
- disassemble, reverse engineer, analyze, decompile, modify, convert or translate Zestim or apply any procedure or process to Zestim in order to
- build a competitive product or service
- build a product using similar ideas, features, functions or graphics of Zestim, or
- copy any ideas, features, functions or graphics of Zestim;
- license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any Third Party Zestim and/or User Account in any way;
- use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses Zestim in a manner that sends more request messages to Gamooga servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser;
- collect or harvest any personally identifiable information, including account names, from Gamooga.
- for every e-mail message sent in connect with the Services, Customer acknowledges and agrees that the Services shall automatically add an identifying footer stating “Powered by Gamooga” or similar message.
AS PARTY TO THIS AGREEMENT, You agree NOT to use Zestim to engage in:
- sending email spam or otherwise duplicative or unsolicited messages in violation of applicable CAN-SPAM laws;
- sending or storing infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violate Third Party privacy rights;
- sending or storing material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- interfering with or disrupt the integrity or performance of Zestim or the data contained therein;
- attempting to gain unauthorized access to Zestim or its related systems or networks.
While this Agreement and the specified license(s) are in effect and it does not convey any rights of ownership in or to Zestim. All rights, title and interest, including without limitation any copyright, patent, trade secret or other intellectual property right in Zestim will remain the sole property of The Company. Any services provided to you under this Agreement related to Zestim, including methods, processes, notes, designs, code, documentation, memoranda will belong to The Company. Any intellectual property and information, such as data, feedback, advice, information, designs that you give to Gamooga during the Term of this Agreement will belong to The Company and you will receive no compensation for such information.
GAMOOGA ACCESS TO ACCOUNTS
During the Term of this Agreement, in the event that The Company discovers that an Account is impeding services on Zestim in any way or the server that Zestim is hosted on, you hereby grant The Company access by proxy login to an Account so The Company may investigate Accounts and the problems that it may be causing. During this investigation, services to said Accounts may not be accessible.
The Company make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of Zestim or any content. The Gamooga Platform is provided to you on an "AS IS - WHEREAS" basis. By accepting this license, you agree that you understand that Zestim may not operate according to the specifications at all times. The Company DOES NOT represent or warrant that:
- the use of Zestim will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
- Zestim will meet your requirements or expectations or result in revenues or profits;
- any stored data will be accurate or reliable;
- the quality of any products, services, information, or other material purchased or obtained by you through Zestim will meet your requirements or expectations;
- Zestim will remain consistent during any given period as The Company reserves the right to make changes to improve service or add and remove product features at any time;
- errors or defects will be corrected, or;
- Zestim or the server(s) and software components that make the Zestim available are free of viruses or other harmful components.
All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by The Company.
LIMITATIONS ON LIABILITY
You expressly understand and agree that The Company, its officers, directors, employees, affiliates and service providers, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if The Company has been advised of the possibility of such damages), resulting from:
- the use or the inability to use the Gamooga service;
- the cost of procurement of substitute goods and service resulting from any goods, data, information or service purchased or obtained or messages received or transactions entered into through or from Zestim;
- unauthorized access to or alteration of your transmissions or data;
- statements or conduct of any third party on Zestim or;
any other matter relating to Zestim. You also agree that The Company will not be liable for any
- interruption of business
- access delays or access interruptions to this site or the web site(s)
- data non-delivery, mis-delivery, corruption, destruction or other modification
- unauthorized access to data entered in, or breach of any security mechanisms utilized in, Zestim or in any restricted field therein; or
- events beyond the reasonable control of The Company.
Gamooga’s services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. The Company is not responsible for any delays, delivery failures, or other damage resulting from such problems.
TERMINATION OF SERVICES
The Company reserves the right to terminate your Gamooga Account for any reason at any time. The Company shall have no liability to Customer or any third party because of such termination. You may terminate your account at any time upon five (5) working days prior notice to us. Upon termination, Customer can request a data export be made available for download.
This Agreement will be governed by and construed in accordance with the laws of the State of Andhra Pradesh, India without regard to any contrary conflicts of law principles. All legal actions arising under this Agreement will be initiated and maintained in the state courts in Andhra Pradesh, India. Both parties hereby irrevocably consent to such jurisdiction and venue.
Attorneys' Fees and Costs
The prevailing party in any legal action or arbitration relating to this Agreement will be entitled to recover its attorneys' fees and litigation costs and expenses incurred in connection with such action or arbitration as part of the same proceeding.
The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator within the state of Andhra Pradesh.
In the event that any provision of this Agreement is found invalid or unenforceable, it will be enforced to the extent permissible and the remainder of this Agreement will remain in full force and effect.
This Agreement constitutes the complete agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous discussions, representations, and proposals, written or oral, with respect to the subject matters discussed herein. No modification of this Agreement will be effective unless contained in writing and signed by an authorized representative of each party. Notwithstanding applicable law, electronic communications will not be deemed signed writings. No agency, partnership, joint venture, or employement is created as a result of this Agreement, and Customer does not have any authority or any kind to bind Gamooga in any respect whatsoever.
The failure of a party to prosecute its rights with respect to a breach hereunder will not constitute a waiver of the right to enforce its rights with respect to the same or any other breach.
Statute of Limitations
Any claim, demand or cause of action relating to this Agreement will be deemed barred and forever waived if legal action or arbitration is not commenced with respect to such claim, demand or cause of action within two (2) years after the aggrieved party first acquires actual notice of such claim, demand or cause of action.
Gamooga reserves the right to modify our pricing and we will notify you by email when this occurs.
AUTHORIZATION OF THIS AGREEMENT
Each party represents to the other that it: has the legal power and authority to enter into this Agreement; and has not previously entered into any agreement or understanding which conflicts with any rights or obligations set forth in this Agreement. The Company will have the right to assign this Agreement to an affiliate of The Company at any time without notice. These terms and conditions are the entire agreement between you and The Company regarding the use of Gamooga. No other communication, whether written or oral, will be deemed to supplement or supersede these terms and conditions unless made in writing and signed by both you and The Company.