AARK, or we refers to AARK APPS.
These Terms constitute an 'electronic record' within the meaning of the applicable law (including the Information Technology Act, 2000) and is generated by a computer system and does not require any physical or digital signatures.
Please read these Terms carefully before you use the Application or any Service offered by AARK through the Application. These terms control the relationship between AARK and you.
Application: The Application is an online platform which might enable you to engage in peer-to-peer (P2P) interaction with other users and avail Services made available to you by AARK through the Application.
Your Account: You can access the Application and the Services by creating an account on the Application using your mobile device. By using the Application, you agree to ensure confidentiality of your account, password credentials and for limiting access to your mobile device to prevent unauthorized use of your account on the Application. You will be responsible for any activity under your account or password and for informing us immediately if you have any reason to believe that your account is likely to be used in an unauthorized manner. Please ensure that the details you provide us are accurate and complete and inform us immediately of any changes to the information that you provided when signing-up.
Subject to these Terms, AARK grants you a limited, personal, non-assignable, non-transferable, non-exclusive, revocable, and non-sublicensable license to use and/or access the Application or Services (including the content made available through the Application or Services) provided that: (a) you will use the Application and/or Services solely for lawful purposes only; (b) you will not, nor allow third parties on your behalf to reproduce, reverse engineer, duplicate, copy, sell, create derivative works or otherwise exploit for any commercial purpose the Application (including its content) and/ or Services; (c) you will not frame or utilize framing techniques to enclose any trademark, logo, or other information (including without limitation images, text, page layout, or form); and (c) you will not use any meta-tags or any other 'hidden text' utilizing AARK's name or trademarks. Any unauthorized use of the Application and/or Services terminates the permission or revokes the license granted herein.
Certain content or services made available through the Application or the Services may have been created, published, provided or shared by other users, publishers, and other third parties ("Third Party Content/ Services"). Such Third Party Content/Services is the sole responsibility of the person who published/submitted/provided the Third Party Content/Services. By using the Application and/or Services, you agree that AARK or its affiliates will not be responsible/liable for any such Third Party Content/Services in any manner whatsoever. You will not, nor allow third parties on your behalf to reproduce, duplicate, copy, sell, create derivative works or otherwise exploit for any commercial or other purpose any Third Party Content/Services. You will not frame or utilize framing techniques to enclose any trademark, logo, or other information (including without limitation images, text, page layout, or form). AARK does not guarantee the validity, fitness for a particular purpose, veracity, accuracy or legal status or confidentiality with respect to the Third Party Content/Services.
The Application or Services may allow you to create, upload, share and/ or store content, including but not limited to photos, profiles (including your name, images and voice), stories, messages, information, text, video, music, third party links (collectively, "Content")
By posting your Content through the Application or the Services, you grant AARK and our affiliates, a worldwide, non-exclusive, royalty-free, irrevocable, sub-licensable and transferable license to use, copy, reformat, modify, translate, create derivative works, display, sell and distribute such Content for or in connection with the use of the Application or Services. In the event you or any other person appears in any Content submitted to AARK by you, you grant AARK an unrestricted, worldwide right and license to use your name, likeness, and voice. This means, among other things, that you will not be entitled to any compensation from AARK or our affiliates if your name, likeness, or voice is conveyed through the Application or Services. In addition to granting us the aforementioned rights, you also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, sublicense, publicly perform, and publicly display Content posted by you in any form and in any and all media or distribution methods (now known or later developed).
AARK does assert any ownership over the Content and subject to the rights granted to AARK in these Terms, you transfer full ownership of the Content and proprietary rights associated with the Content.
You will be solely responsible for all Content that you upload, transmit, share or display through the Application or Services. AARK does not guarantee the validity, accuracy or legal status or confidentiality with respect to any Content and you will be solely responsible to assume all risks for any consequences arising out of uploading, posting, broadcast, transfer or disclosure of the Content. You confirm and warrant that the Content does not violate the representation and warranties you provide under these Terms.
You agree and acknowledge that if you transmit any Content through the Application, you have permission from the rightful owner of the Content or you are otherwise legally entitled to use or transmit the Content and to grant AARK and our affiliates all of the license rights granted herein.
In order to enable you to access your data from any of your devices without relying on third-party services or local device storage, you authorize AARK to store your information.
Subject to applicable laws, upon deletion of the AARK account, AARK will immediately delete all your Content from its database and servers, except to the extent required to be retained by applicable law. For the avoidance of doubt, it is clarified that any part of your Content (viz. your messages, summaries, profile picture updates, materials / files shared by you) stored by your contacts/ friends locally on their devices may remain even after you delete your account till it is deleted by such contacts. Similarly, any part of your Content, which is publicly available to other users of AARK who have you in their list of contacts (i.e. the content included in the image uploaded by you and the associated time-stamp) stored by your contacts may remain after you delete your account till it is deleted by such contacts.
You agree and acknowledge that when Content or information is uploaded, posted or shared by you on a public group, you are allowing users who are members of such public group to access and use the content and information you post in such group.
You acknowledge and agree that the Application, the Services, including without limitation any content available on the Application and all trademarks, service marks and trade names and other intellectual property rights associated therewith are, and will remain, the property of AARK and its licensors, as applicable. All content related to AARK corporate and business activities embedded in the Application, including any text, graphics, logos, button icons, images, audio clips and software, is the exclusive property of AARK or its licensors and is protected by applicable laws. The compilation (meaning the collection, arrangement and assembly) of any and all content on the Application and Services is also the exclusive property of AARK and is protected by applicable laws.
All software used on the Application and the Services is the property of AARK or its licensors / software suppliers and protected by Indian and international copyright laws. Any use except as specifically permitted under these Terms, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Application or the Services is strictly prohibited.
All AARK graphics, logos and service names are trademarks of AARK or its affiliates. AARK’s trademarks should not be used in connection with any product or service that is not AARK's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AARK. The logos and trademarks of third parties on the Application belong to respective third parties / brands and AARK has no connection whatsoever with such third parties / brands.
When you install an Application on your device developed by AARK APPS, we may automatically collect certain information from your Android device, device make and model, mobile web browser type and version, IP address, MAC address, the device’s operating system’s make and version, locale information, MCC (Mobile Country Code) information, and other technical data about your device. When you install an Application, you may also grant the mobile application permission to collect certain types of information via a permission screen consent process and to use some of your network connection and device’s resources when your resources are idle and use WiFi (only occasionally cellular data may be used, but very limited). We do not control the permission screen consent process – it is typically run by your mobile operating system.
The application might have integrated some third party services (such as Crashlytics and Facebook Analytics, Google Analytics for Apps) to collect usage information to help us improve the app.
We or integrated services may collect and share precise location information, through methods such as mobile “SDKs”. This location information may be used by itself, aggregated, or combined with mobile identifiers (such as IDFAs and Android IDs), and shared with third parties, for purposes related to advertising, attribution (e.g., measuring ad performance) analytics and research. You can remove your consent to having your location data collected by changing the settings on your device.(Certain services may lose functionality as a result.) You can opt-out from any interest-based advertising through your device settings. When you have opted out using this setting on a device, advertisers will not use in-app information collected from that device to infer your interests or serve ads to that device that are targeted based on your inferred interests.
Any information that you submit to us remains your property. However, we may use it for the purposes described
Service. We reserve the right to use the information (including Personal Information) we collect, in order to administer, operate, and continuously improve our Service. We may also use the information to monitor and analyze trends, usage and activities in connection with our Service. Provided, however, that no Personal Information shall be disclosed to third parties within the scope of this clause, other than certain trusted affiliates which are responsible for supporting or enhancing our Services, and for such purposes only. For this purpose, although we do not hold an official or self-issued certificate, we strive to abide by the Safe Harbor rules under www.export.gov/SafeHarbor.
Advertisements. We reserve the right to use the Personal Information (and/or any other applicable information) we collect to create, market and distribute anonymized audience segments to third parties. We will share the Personal Information (and/or any other applicable information) we collect with unaffiliated third party advertisers and marketers for purposes unrelated to the original consumer transaction. We or our data partners may customize personalized content and advertisements and connect certain demographic or other data about you (received from third parties) to data we have collected from you, such as your mobile device identifier or IP address. For this purpose, although we do not hold an official or self-issued certificate, we strive to abide by the Safe Harbor rules under www.export.gov/SafeHarbor.
Aggregate Information. We compile aggregated information about our users to better optimize our Service, preferences, and to assist in our marketing efforts. We may also share aggregated data about our user base including the number of users that we have, certain trends, statistical data, etc., without disclosing any Personal Information.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE APPLICATION OR SERVICES IS AT YOUR SOLE RISK AND DISCRETION. THE APPLICATION IS LICENSED TO YOU "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR THE RISK OF USING IT. AARK AND/ OR ITS AFFILIATES GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE APPLICATION OR SERVICES. AARK AND/ OR ITS AFFILIATES EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
AARK MAKES NO WARRANTY AGAINST AND WILL NOT BE LIABLE OR RESPONSIBLE IN ANY MANNER FOR: (A) INTERFERENCE OF YOUR ENJOYMENT OF THE APPLICATION OR SERVICES; (B) LOSSES OR DAMAGES INCLUDING ANY PERSONAL INJURY ARISING FROM OR IN ANY WAY RELATED TO YOUR ACCESS OR USE OF THE APPLICATION AND/ OR SERVICES; (C) USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE APPLICATION AND/ OR SERVICES; (D) FAILURE, SUSPENSION OR WITHDRAWAL OF ALL OR PART OF THE APPLICATION AND/ OR ANY SERVICE AT ANY TIME; (E) ANY BUGS, VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APPLICATION OR SERVICES; (F) FUNCTIONAL, UNINTERRUPTED, ERROR-FREE OR BUG-FREE DELIVERY OF THE APPLICATION AND/ OR SERVICES; (G) SECURITY, RELIABILITY OR TIMELINESS OF THE APPLICATION AND/ OR SERVICES. ANY CONTENT OR MATERIAL DOWNLOADED THROUGH YOUR USE OF THE APPLICATION AND/ OR SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA OCCURRING ON YOUR DEVICE OR ANY OTHER LOSS OR DAMAGES OF ANY KIND RESULTING FROM THE DOWNLOAD AND USE OF THE APPLICATION AND/ OR SERVICES. NO ADVICE, COURSE OF CONDUCT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AARK OR ANY PARTY OR THROUGH THE APPLICATION/ OR SERVICES WILL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THESE TERMS.
WHILST AARK WILL UNDERTAKE ALL REASONABLE EFFORTS AND DUE DILIGENCE TO ENSURE SECURITY AND INTEGRITY, AARK WILL, IN PARTICULAR, NOT BE LIABLE FOR THE FOLLOWING: DELAY OR ERRORS IN TRANSMISSION AND/ OR STORAGE OF INFORMATION TO OR THROUGH AARK THAT MIGHT OCCUR FROM TIME TO TIME INTRUSION, DISTORTION, LOSS OR FORGERY OF DATA, ETC DUE TO ACT OF ANY THIRD PARTY, FAILURE OF ANY SOFTWARE AND/OR HARDWARE OR TELECOMMUNICATION SERVICE PROVIDER(S) USED BY US OR ANY OTHER ACT BEYOND OUR REASONABLE CONTROL.
YOU WILL BE LIABLE FOR ANY CONSEQUENCES WHATSOEVER RESULTING FROM ANYTHING TRANSMITTED OR CAUSED TO BE TRANSMITTED BY YOU, TO OR THROUGH THE APPLICATION/ OR SERVICES.
WHILST AARK SHALL UNDERTAKE ALL REASONABLE EFFORTS AND DUE DILIGENCE TO ENSURE SECURITY AND INTEGRITY, AARK SHALL, IN PARTICULAR, NOT BE LIABLE FOR THE FOLLOWING: DELAY OR ERRORS IN TRANSMISSION AND/OR STORAGE OF INFORMATION TO OR THROUGH AARK THAT MIGHT OCCUR FROM TIME TO TIME; INTRUSION, DISTORTION, LOSS OR FORGERY OF DATA, ETC DUE TO ACT OF ANY THIRD PARTY, FAILURE OF ANY SOFTWARE AND/OR HARDWARE OR TELECOMMUNICATION SERVICE PROVIDER(S) USED BY US OR ANY OTHER ACT BEYOND OUR REASONABLE CONTROL.
YOU SHALL BE LIABLE FOR ANY CONSEQUENCES WHATSOEVER RESULTING FROM ANYTHING TRANSMITTED OR CAUSED TO BE TRANSMITTED BY YOU, TO OR THROUGH THE APPLICATION.
You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (a) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by the Service; (b) upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (c) prevent others from using the Service; (d) use the Service for any fraudulent or inappropriate purpose; (e) interfere with, damage, disable, overburden, impair or disrupt in any way the Service; (f) act in any way that violates the Service policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. AARK APPS reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.