TERMS OF SERVICE AGREEMENT
EFFECTIVE: JANUARY 2019
Thank you for showing interest in using Sagoon Inc. Our products, service-apps, features, software or website, all we simply refer together as “Services”. The only motive behind drafting these Terms of Services (“Terms”) is to let you know the rules and conditions to use Sagoon and build our relationship with you. These “Terms” are a legally binding contract between you and Sagoon Inc.
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ITS SERVICES-APPS, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the "Agreement") governs your use of this website, (the "Website"), and its products, service apps and features. This agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Sagoon Inc. reserves the right to change or revise the Terms and Conditions of this agreement at any time by posting the same on this website. Sagoon Inc. will alert you that changes or revisions have been made by indicating on the top of this agreement the date it was last revised. The changed or revised agreement will be effective immediately after it is posted on this website. Your use of the website following the posting of any such changes or a revised agreement will constitute your acceptance of those changes or revisions. Sagoon Inc. encourages you to review this agreement whenever you visit the website and or service -apps to make sure that you understand the Terms and Conditions governing the use of our products. This agreement does not alter in any way the terms or conditions of any other written agreement you may have with Sagoon Inc. for other products or services. If you do not agree to this agreement (including any referenced policies or guidelines), please immediately terminate your use of the website.
- You must be at least 13 years of age to create an account or use the Services
- You cannot post nude photos or anything that falls under the category of porn
- You shall not abuse, impersonate, harass, threaten or intimidate other Sagoon users
- You are solely responsible for your behavior on Sagoon and all the information (including but not limited to images, text and videos) you post
- You are not allowed to use Sagoon for any illegal and unauthorized purpose including but not limited to copy, modify, distribute, or sell any part of our services.
- You are not allowed to access Sagoon’s private API with the intention of copying it to create the same or similar products. The same applies to its interface as well.
- Using Sagoon services for purposes other than their intended ones, or infringing the copyright and other rights of Sagoon, will cause termination of your account and may make you subject to prosecution and damages.
- You represent and warrant that you have all necessary authorization to use Sagoon
- We reserve the right to modify or terminate Sagoon Services without any prior notice.
- We reserve the right to refuse our services to anyone, or in a particular area without any reason
- We reserve the right to suspend (or require that you suspend) your access to the services and/or disable your login Information in the event of violation of the Terms and Conditions. Grounds for doing are not limited but may include, for example, legal or regulatory reasons, investigation of suspicious activities, or action by authorities, or if we have a reason to suspect that you are engaged in activities that may violate these Terms of Agreement and Use, applicable laws, or subscriber policies, or are otherwise deemed harmful to Service Provider, your organization, your and our respective network or facilities, or other users. We shall not be liable to any user for suspension of our services, regardless of the grounds.
- We reserve the right to take those usernames back which legally belong to someone else
- We reserve the right to delete the account that has been inactive for a prolonged time period.
- We reserve the right to terminate the agreement if you breach any term of the Service Subscription Agreement. We may terminate the Subscription Agreement in whole or in part.
- Upon termination of the Subscription Agreement, all rights granted herein shall revert to us. All access to and use of the services by you must then cease, and all materials, applications and tools downloaded from the services must be erased, deleted, or destroyed.
CONTENT SHARED ON SAGOON
- We don’t claim any proprietary rights on the content (including but not limited to text, videos and images) users share on Sagoon.
- We don’t claim ownership of the usage information you provide for the use and operation services. Service Provider and its vendors and contractors may use such information to operate and administer the Services. In addition, we may retain, analyze, use and share such information in anonymous, filtered, or aggregate form for general business purposes.
- Many of our services let you create, upload, post, send, receive and store content. When you do that, you fully retain the ownership rights to that content but you grant us a license to use that content to host, modify, display, republish and distribute for improving services, the purpose of operating, and developing and promoting branding.
- Much of the content on our Services is produced by users, publishers, and other third parties. The content is the sole responsibility and authenticity of person or organization that submitted it. Although Sagoon reserves the right to review or remove all or part of the content that appears on the Services. We do not necessarily review all of it and cannot take responsibility for any content that other provide through this Services.
- You agree, for yourself as a condition of use of the services, not to use the services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the service in any manner that could damage, disable, overburden, or impair any Service Provider or subscriber server, or the network(s) connected to any Service Provider or subscriber server, or interfere with any other party's use and enjoyment of any of the services. You may not attempt to gain unauthorized access to any part of the services, other accounts, computer systems or networks connected to any Service Provider or subscriber server or to any part of the services, through hacking, password mining or any other means.
- You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the services. Except as expressly set forth herein, you may not (i) copy, reproduce, alter, modify, transmit, perform, create derivative works of, publish, sub-license, distribute, or circulate the services, or any associated applications, tools or data thereof; (ii) disassemble, decompile, or reverse engineer the software used to provide the services, or use a robot, spider, or any similar device to copy or catalog any materials or information made available through the services; or (iii) take any actions, whether intentional or unintentional, that may circumvent, disable, damage or impair the AAS Services' control or security systems, or allow or assist a third party in doing so.
- The services and any tools, applications, information or materials provided to you in connection with the services are provided “as is,” and all warranties of any kind, past or present, whether statutory, common-law or from a course of dealing or usage of trade, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, accuracy, results or output, security and, except as may be otherwise stated in this agreement, non-infringement, are expressly disclaimed to the fullest extent permitted by law. We do not guarantee or make any representations regarding the use or accuracy of the services.
- No oral or written information or advice given by the Service Provider or its employees shall create a warranty or in any way increase the scope of our obligations hereunder. In no event shall the Service Provider be liable for any lost or corrupted data, downtime, lost profits, business interruption, replacement service or other special, incidental, consequential, punitive or indirect damages; however, caused and regardless of theory of liability, including negligence.
- Service Provider and its affiliates shall not be liable for loss, injury or damage of any kind to any person or entity resulting from any use, condition, performance, defect or failure in the products or the services. You release and waive all claims against Service Provider, its parent, subsidiaries, affiliated companies, agents or content providers, and the directors, trustees, officers, shareholders, employees, agents and representatives of each of the foregoing (the “Service Provider Group”), from any and all claims, damages, liabilities, costs and expenses arising out of your use of the products and the services.
- If you believe that any information on the site infringes on your copyright, you should notify Service Provider of your claim in accordance with the following procedures.
- To be effective, the notice of infringement must contain the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) 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 the Service Provider to locate the material; (4) Information reasonably sufficient to permit the Service Provider 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; (5) 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 (6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Failure to perform by reason of any law, natural disaster, labor controversy, encumbered intellectual property right, war or any similar event beyond a party's reasonable control shall not be a breach hereof.
- You acknowledge and agree that the Services and the tools, applications, information and materials provided in connection with the Services possess a special, unique and extraordinary character that makes difficult the assessment of the monetary damages that would be sustained as a result of unauthorized use, and that unauthorized use may cause immediate and irreparable damage to the Service Provider or other subscribers for which Service Provider or such other subscribers would not have an adequate remedy at law. Therefore, you agree that, in the event of such unauthorized use, in addition to such other legal and equitable rights and remedies as may be available to Service Provider, Service Provider shall be entitled to injunctive and other equitable relief without the necessity of proving damages or furnishing a bond or other security
- If any provision herein is unenforceable, then such provision shall be of no effect on any other provision hereof.
- No waiver of any breach hereof shall be deemed a waiver of any other breach hereof.
We want following commitments before you start using Sagoon:
- You will not collect other users’ information with the intention of using the same for malicious practices
- You will report abuse the content that is pornographic, involves hate speech, promotes violence, threatening and misleading.
- You will not use Sagoon to promote services and products that are banned in your country
- You will not impersonate anyone
- You will not use the Services for any purpose that is illegal or prohibited in the Terms.
- You will abide by all applicable local, state, national, and international laws and regulations in your use of the website (including laws regarding intellectual property)
- You will not interfere with or disrupt the use and enjoyment of the Services by other users
- You will not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication
- You will not defame, harass, abuse, or disrupt other users of the Services.
- By using this Services, you are granted a limited, non-exclusive, non-transferable right to use the content and materials in connection with your normal, non-commercial, use of the Services.
- By posting, storing, or transmitting any content, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world.
- We do not have the ability to control the nature of the user-generated content offered through the Services. You are solely responsible for your interactions with other users and any content you post and shared.
- We are not liable for any damage or harm resulting from any posts by or interactions between users.
- We reserve the right, but has no obligation, to monitor interactions among users of the Services and to remove any content we deem objectionable, in sole discretion.
- Our failure to enforce its rights under this agreement at any time for any period shall not be construed as a waiver of such rights.
- If any part, term or provision of this agreement is held to be illegal or unenforceable neither the validity nor the enforceability of the remainder of this agreement shall be affected.
REGISTRATION AND ACCOUNT SECURITY
As a Sagoon user, you are required to provide authentic information. Here are some commitments we want from you to maintain the security of your account:
- You shall not create more than one account yourself.
- If we terminate your account temporarily or permanently, you will not create another without our permission
- You will not provide any false information
- You must keep your personal information strictly confidential. You will not share your password.
- You must have a valid username/phone number/email address and password for the purpose of accessing the services.
- You are responsible for any and all activities that occur under your accounts. You agree to notify us immediately of any unauthorized use of your users' accounts or any other breach of security. We will not be liable for any loss that you or a user may incur as a result of someone else using your users' passwords or accounts, either with or without the applicable users' knowledge.
- We do not guarantee the security of any information transmitted to or from you over the Internet, including through the use of e-mail. Access to the Internet, if employed, is your and each user's sole responsibility and the responsibility of Internet provider(s) you select. We do not take any responsibility for failure of service due to Internet facilities, including related telecommunications or equipment.
- We may periodically contact you for customer service purposes. By accessing the services, you provide your consent to receive such communications. You agree that we may refer its business relationship with you in its marketing or sales materials.
YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR-FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE.
WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “SAGOON PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER VIRGINIA CIVIL CODE, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE/SERVICE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE/SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS/SERVICES OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
LIMITATION OF LIABILITY
THE SAGOON WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE SAGOON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANYWAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE SAGOON AND ITS PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You will release, indemnify, defend and hold harmless us, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this agreement or the breach of your warranties, representations and obligations under this agreement; (2) the website content or your use of the Services; (3) the products or your use of the products (including trial products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this agreement; or (6) any information or data you supplied to us. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide such assurances may be considered by us to be a material breach of this agreement. We will have the right to participate in any defense by you of a third-party claim related to your use of any of the website content or products, with counsel of our choice at its expense. We will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend us against any claim, but you must receive our prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this agreement or your use of Services or products.
The laws of the State of Virginia govern our terms, as well as any disputes, whether in court or arbitration, which might arise between Sagoon Inc. and you without regard to conflict of law provisions.
Neither you nor we will commence or prosecute any suit, proceeding or claim to enforce the provisions of this agreement, to recover damages for breach of or default of this agreement, or otherwise arising under or by reason of this agreement, other than in courts located in the State of Virginia. By using our Services or products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this agreement. You hereby waive any right to trial by jury arising out of this agreement and any related documents.
This agreement shall be construed and enforced under the laws of the State of Virginia without reference to the choice of law principles thereof. You hereby consent to and submit to the jurisdiction of the federal and state courts located in the State of Virginia. User waives any defences based upon lack of personal jurisdiction or venue, or inconvenient forum.
Sagoon welcomes comments, questions, suggestions. Please send us your feedback at email@example.com
Or, write to us:
If in U.S.:
Sagoon Inc. ,1980 Teasel Ct.,
Woodbridge, VA 22192
If in India:
Sagoon India Private Limited,
Vatika Mindscapes, Tower B,
8th Floor, Sector 27 (D),