TERMS OF SERVICE This End User License Agreement (the "License Agreement" or "Agreement") sets forth the terms and conditions governing the use of Socially service (the "Service"). The Service is developed, owned and provided to you by Antarix Networks ("Antarix"). Please read this Agreement carefully before you proceed with the registration process, because it constitutes a legal and binding contract between you and Antarix. BY DOWNLOADING AND INSTALLING THE MOBILE APPLICATION ON YOUR PHONE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. If you do not agree with the following terms and conditions, you must discontinue the installation process and refrain from using the Service. The term "you" in this Agreement refers to you, an individual, and/or to the company on whose behalf you authorized the Agreement. THE SERVICE The Service allows you to receive profile, friends, updates and related content ("Online content") from your accounts with your favorite social networking sites. To use the Service, you must download a client application to your mobile phone. During the setup process, you will be asked to indicate your social networks from a list of available services and to sign-in directly to your accounts in those services. The Service will retrieve and aggregate Online Content from your social networks and render such information on your mobile phone. All of your Online Content is stored in the client application on your phone and is not permanently stored on Antarix server, except when an active session is in progress, after which it is deleted from the Antarix servers. LICENSE GRANT Subject to terms and conditions of this Agreement, Antarix hereby grants you ONLY and you accept a nonexclusive, nontransferable, revocable license to use the Service, only as authorized in this License Agreement, for your personal and non-commercial use. Your limited right of use will automatically expire upon the termination or cancellation of this Agreement, by either party, for any reason. YOUR RESPONSIBILITIES You are solely responsible for your use of the Service. Antarix does not create, monitor, examine or inspect the Online Content delivered to you through the Service. Antarix merely provides a platform for transferring Online Content from your social networking services to your mobile phone, and is not responsible for such content's accuracy or reliability. The Online Content may include links to third-party websites and content. The linked content is not under Antarix control and Antarix is not responsible whatsoever for the content of any such linked content. The Online Content does not represent or reflect any advice, views, opinions or beliefs of Antarix and Antarix does not endorse or claim any responsibility for the Online Content. You agree that you are fully accountable for the Online Content delivered to you through the Service and for any consequences resulting from your use of or reliance upon such Online Content. You may not use the Service to transfer Online Content which may reasonably be deemed to be: (1) Infringing or violating intellectual property rights of other parties, including patents, copyrights, trademarks, service marks and trade secrets; or (2) Identifying minors, their personal details or their address and ways to contact them; or, (3) Encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offence, under the applicable laws; or, (4) Prohibited by any applicable law, including court restraining orders, to be published, disseminated, or otherwise made available to the public; or, (5) Threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable; TERM AND TERMINATION This License Agreement is effective upon your clicking the "I Accept" button below or in the mobile application Setup process and will continue until terminated. Notwithstanding any remedies that may be available under any applicable law, Antarix may temporarily or permanently deny, limit, suspend, or terminate your license, if Antarix believes that: (1) you have abused your rights to use the Service; or (2) you have breached this License Agreement; or, (3) you have performed any act or omission that violates any applicable law, rules, or regulations; or, (4) you have performed any act or omission which is harmful or likely to be harmful to Antarix, or any other third party, including other users or suppliers of Antarix; or, (5) you made use of the Service to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act. INTELLECTUAL PROPERTY You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Antarix, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. You agree not to modify the Software in any manner or form, or to use modified versions of the Software. Antarix retains all trademark or service mark rights in the Service, Socially, sociallyapp.com, Antarix, and all applicable marks and logos. You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of these marks and logos. DISCLAIMER OF WARRANTIES EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ANTARIX EXPRESSLY DISCLAIMS ANY OTHER WARRANTY WITH RESPECT TO THE USE OF THE SERVICE OR ANY CONTENT OR INFORMATION DELIVERED OR SENT THROUGH THE SERVICE TO LICENSEE. THE SERVICE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED GUARANTEE OR ASSURANCE OF QUALITY, RELIABILITY OR FUNCTIONALITY. ANTARIX DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IN ANY INSTANCE INVOLVING PERFORMANCE OR NONPERFORMANCE BY ANTARIX WITH RESPECT TO THE SERVICE. ANTARIX DOES NOT WARRANT OR GUARANTEE THAT THE USE OF THE SERVICE WILL NOT CAUSE ANY DAMAGES TO YOUR MOBILE PHONE OR TO ANY OTHER SERVICES PROVIDED TO YOUR MOBILE PHONE OR APPLICATIONS AND CONTENT THAT RESIDE ON YOUR CELL PHONE. YOU AGREE AND ACKNOWLEDGE THAT THE USE, SUITABILITY AND PERFORMANCE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK. ANTARIX DOES NOT WARRANT OR GUARANTEE THAT THE SERVICE WILL OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER, OR THAT THE SERVICE WILL ALWAYS BE AVAILABLE OR FREE FROM ERRORS OR THAT THE SERVICE WILL BE IMMUNE FROM UNAUTHORIZED ACCESS. ANTARIX DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT YOU WILL FIND THE SERVICE SUITABLE FOR YOUR NEEDS. ANTARIX DOES NOT WARRANT OR GUARANTEE THAT THE ONLINE CONTENT YOU RECEIVE TO YOUR CELLULAR PHONE WILL BE FREE FROM TECHNICAL INACCURACIES, OR THAT ANY CONTENT, INFORMATION OR DATA RECEIVED ON OR THROUGH THE SERVICE WILL BE FREE OF ANY VIRUSES, WORMS, OR ANY OTHER DESTRUCTIVE PROPERTIES, OR THAT THE ONLINE CONTENT WILL BE LEGAL, NON INFRINGING OR VIOLATING ANY RIGHTS OR APPLICABLE LAWS OR THAT THE ONLINE CONTENT WILL NOT CONTAIN ANY OBJECTIONABLE MATERIALS. ANTARIX DOES NOT WARRANT THAT THE CONTENT DELIVERED TO YOU THROUGH THE SERVICE, AND THE ACCESS INFORMATION THAT YOU PROVIDED ANTARIX COULD NOT BE ANTARIX FROM ANTARIX'S COMPUTER SERVERS. LIMITATION OF LIABILITY ANTARIX, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE AND LOSS (INCLUDING LOSS OF PROFIT, LOSS OF DATA AND WORK STOPPAGE), COSTS, EXPENSES AND PAYMENTS, REGARDLESS OF THE ALLEGED LIABILITY OR FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, PRODUCT LIABILITY AND STRICT LIABILITY, THAT MAY RESULT FROM, OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR DOWNTIME IN THE FUNCTION OF the SERVICE, OR FROM ANY FAULT OR ERROR MADE BY ANTARIX'S STAFF, OR FROM YOUR RELIANCE ON ONLINE CONTENT DELIVERED THROUGH THE SERVICE, OR FROM ANY COMMUNICATION WITH ANTARIX OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE OR ANY OTHER USE OR LOSS OF CONTENT ON THE SERVICE, REGARDLESS OF WHETHER ANTARIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO THE CORRECTIONS OF SUCH ERRORS, OR MALFUNCTIONS. INDEMNIFICATION You agree to indemnify and hold Antarix and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. PRIVACY POLICY Antarix respects your privacy. The Service's Privacy Policy is available at: http://www.sociallyapp.com/privacy. It explains Antarix's accepted privacy practices and is incorporated by reference to this License Agreement. The terms of the Privacy Policy may change from time to time and therefore it is recommended that you read it periodically. AMENDMENTS TO THE AGREEMENT Antarix may amend and modify this Agreement from time to time, including any and all documents and policies incorporated thereto. Substantial changes will take effect 7 days after an initial notification was sent to you via email, or posted on Antarix's website. Other changes will take effect immediately, unless this Agreement is amended to comply with legal requirements, where in such cases the amendments will become effective as required, or ordered. You agree to be bound by any of the changes made in the Agreement, including changes to any and all documents and policies incorporated thereto. Continuing to use the Service will indicate your acceptance of the amended Agreement. If you do not agree with any of the amended terms of the Agreement, then you must avoid any further use of the Service. Antarix advises you to periodically read this Agreement, as it may change from time to time. NO WAIVER The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder will not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. ENTIRE AGREEMENT This "Terms of Service" constitutes the entire agreement between you and Antarix and governs your use of the Service, superseding any prior agreements between you and Antarix with respect to the Service. GOVERNING LAW AND JURISDICTION This Agreement shall be governed by the laws of the Republic of India. You and Antarix agree to submit to the personal and exclusive jurisdiction of the courts of Mumbai. WAIVER AND SEVERABILITY OF TERMS The failure of Antarix to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. Last update: February 1, 2010 ###
