Welcome to minglebox.com, an internet and mobile service that allows users to create personal web profiles and communicate and share content with friends and other users. The services offered by minglebox.com ("minglebox.com" or "we") include the minglebox.com website (the "minglebox.com Website") and any other features, content, or applications offered from time to time by minglebox.com. Minglebox.com is an offering from Minglebox Communications Pvt. Ltd.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the minglebox Services. By using the minglebox Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the minglebox Website) or you are a "Member" (which means that you have registered with minglebox.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the minglebox Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. If you wish to become a Member, communicate with other Members and make use of the minglebox Services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement may be modified by Minglebox.com from time to time effective upon notice to you as a Member. Whenever there is a change in the Terms of Use, Minglebox.com will intimate you of such change. Your continued use of the Site pursuant to such change will constitute deemed acceptance of such changes. Please choose carefully the information you post on minglebox.com and that you provide to other Users. Your minglebox.com profile may not include the following items: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other minglebox.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and minglebox.com assumes no responsibility or liability for this material. If you become aware of misuse of the minglebox.com Services by any person, please send an email to report@minglebox.com or click on the "Report Abuse link" on that page.
Minglebox.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the minglebox.com Services at any time, for any or no reason, with or without prior notice, and without liability.
Eligibility
You must be at least 15 years of age or over to register as a member of Minglebox.com or use this Site. Membership to the Site is void where prohibited. By using the minglebox Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 15 years of age or older; and (d) your use of the minglebox.com Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 15 years of age.
Term
This Agreement will remain in full force and effect while you use the Site and/or are a Member of Minglebox.com. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Minglebox.com may terminate your access to the Site and/or your membership for any reason which shall be effective upon sending notice of termination to you at the email address you provide in your application for membership or such other email address as you may later provide to Minglebox.com. You acknowledge that minglebox.com reserves the right to charge for the minglebox.com Services and to change its fees from time to time in its discretion. If minglebox.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. Even after this Agreement is terminated, certain provisions will remain in effect including sections 4,5,7,9 -12, inclusive, of this Agreement.
Non-Commercial Use by Members
The Minglebox.com Site is for the personal use of individual members only, and may not be used in connection with any commercial endeavors. This includes providing links to other websites, whether deemed competitive to Minglebox.com or otherwise. Organizations, companies, and/or businesses may not become Members of Minglebox.com and should not use the Minglebox.com Service or Site for any purpose. Illegal and/or unauthorized use of the minglebox Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the minglebox.com Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Illegal and/or unauthorized uses of the Site, including unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
Other Terms of Use by Members
You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk email to other Minglebox.com Members. Although Minglebox.com cannot monitor the conduct of its Members on the Minglebox.com Site, it is also a violation of this Agreement to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect Minglebox.com and/or our Members from any abuse/misuse, Minglebox.com reserves the right to restrict the number of communications/profile contacts & responses/emails which a Member may send to other Member(s) in any 24-hour period to a number which Minglebox.com deems appropriate in its sole discretion. You will not send any messages to other Members that are obscene, lewd, licentious, and defamatory, promote hatred and/or are racial or abusive in any manner. Transmission of any such messages shall constitute a breach of this Agreement and Minglebox.com shall be entitled to terminate your membership forthwith. Minglebox.com reserves the right to screen messages that you may send to other Member(s).
You may not use any automated processes, including IRC Bots, EXE's, CGI or any other programs/scripts to view content on or communicate/contact/respond/interact with Minglebox.com and/or its Members.
Content Posted on the Site
Minglebox.com owns and retains all proprietary rights, including without limitation, all intellectual property rights in the Minglebox.com Site and the Minglebox.com Service. The Site contains the copyrighted material, trademarks, and other proprietary information of Minglebox.com, and its licensors. Except for that information which is in the public domain or for which you have been given express permission by Minglebox.com, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All lawful, legal and non-objectionable messages (in the sole discretion of Minglebox.com), content and/or other information, content or material that you post on the forum boards shall become the property of Minglebox.com. Minglebox.com reserves the right to scrutinize all such information, content and/or material posted on the forum boards and shall have the exclusive right to either remove, edit and/or display such information, material and/or content.
You understand and agree that Minglebox.com may delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of Minglebox.com violates this Agreement or which might be offensive, illegal, defamatory, obscene, libelous, or that might violate the rights, harm, or threaten the safety of other Minglebox.com Members.
You are solely responsible for the Content that you upload, publish or display (hereinafter, "post") on the Site through the Minglebox.com Service, or transmit to other Minglebox.com Members and Minglebox expressly disclaims any or all liability in connection with these posts. Minglebox.com reserves the right to verify the authenticity of Content posted on the Site. In exercising this right, Minglebox.com may ask you to provide any documentary or other form of evidence supporting the Content you post on the Site. If you fail to produce such evidence, or if such evidence does not in the reasonable opinion of Minglebox.com establish or justify the claim, Minglebox.com may, in its sole discretion, terminate your Membership without a refund of your subscription fees.
Minglebox.com does not claim any ownership rights in the text, files, images, photos, blogs, forums, buzz, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Minglebox.com Services. After posting your Content to the Minglebox.com Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Minglebox.com Services, you hereby grant to Minglebox.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Minglebox.com Services.
The following is a partial list of the kind of Content that is illegal or prohibited on the Site. Minglebox.com will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and the Site and terminating the Membership of such violators without a refund. It includes (but is not limited to) Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry , hatred or physical harm of any kind against any group or individual;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- harasses or advocates harassment of another person;
- promotes information that the person posting it is aware that it is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page) ;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- includes a photograph/or part of a photograph of another person that you have posted without that person's consent;
- displays pornographic or sexually explicit material of any kind;
- provides material that exploits people under the age of 18 years in a sexual or violent manner, or solicits personal information from anyone under the age of 18 years;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users / Members; and
- engages in commercial activities and/or sales without the prior written consent Minglebox.com such as contests, sweepstakes, barter, advertising, and pyramid schemes.
You must use the Minglebox.com Service in a manner consistent with any and all applicable local, state, and federal laws and regulations.
Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site through the Minglebox.com Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and where applicable a copy of the registration certificate proving registration of copyright or any other applicable intellectual property right; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Minglebox.com's Copyright Agent for Notice of claims of copyright infringement can be reached by writing to the Bangalore address located under the Contact us section on the site.
Member Disputes
You are solely responsible for your interactions with other Minglebox.com Members. Minglebox.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
Privacy
Use of the minglebox.com Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
Disclaimers
Minglebox.com is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Minglebox.com Service, whether caused by users visiting the Site, Members or by any of the equipment or programming associated with or utilized in the Service, nor for the conduct of any user and/or Member of the Minglebox.com Service whether online or offline. Minglebox.com 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 and/or Member communications. Minglebox.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Minglebox.com Site and/or in connection with the Minglebox.com Service. Under no circumstances will Minglebox.com be responsible for any loss or damage to any person resulting from anyone's use of the Site or the Service and/or any Content posted on the Minglebox.com Site or transmitted to Minglebox.com Members. The exchange of profile(s) through or by Minglebox.com should not in any way be construed as any offer and/or recommendation from/by Minglebox.com. Minglebox.com shall not be responsible for any loss or damage to any individual arising out of, or subsequent to, relations established pursuant to the use of Minglebox.com. The Site and the Service are provided "AS-IS AVALIABLE BASIS" and Minglebox.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Minglebox.com cannot guarantee and does not promise any specific results from use of the Site and/or the Minglebox.com Service.
Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will Minglebox.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Site or the Minglebox.com Service, even if Minglebox.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Minglebox.com, 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 Minglebox.com, for the Service during the term of membership.
Disputes
If there is any dispute about or involving the Site and/or the Service, by using the Site, you agree that the dispute will be governed by the laws of India. You agree to the exclusive jurisdiction to the courts of Bangalore, India.
Indemnity
You agree to indemnify and hold Minglebox.com, its subsidiaries, directors, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the minglebox.com Website or through the minglebox.com Services causes mignlebox.com to be liable to another.
Advertiser Terms & Conditions - Detailed
- Minglebox, and "Advertiser", enter into this Advertiser Agreement ("Agreement") to establish the terms and conditions by which Advertiser may display advertisements on Minglebox properties.
- This Agreement, in conjunction with the corresponding Release Order, shall constitute the entire agreement between Minglebox of the one part, and the Advertiser, its Advertisers and Agents (herein collectively referred to as "Advertiser") of the other part.
- The Advertiser agrees and acknowledges that:
- Minglebox.com is an advertising medium and a platform where students come for information on education; and
- Minglebox.com acts as an interface between the education seeker and an education provider;
- Minglebox cannot govern the volume of responses from students for specific activities;
- Minglebox's sole obligation to the Advertiser is to promote the Advertiser's products or services by showing banners, taglines, text links or SMS or email creative ("Creative") provided by the Advertiser on site(s) across the Minglebox online properties or in email transmissions or through SMS text messages.
- The submission of a signed release order by Advertiser to Minglebox is construed as an acceptance of all the rates, terms and conditions under which advertising is sold at that time. Advertiser agrees that Minglebox may, but is not obligated to, display creative across the Minglebox online properties or on specific site(s).
- Minglebox may, at its option, modify the launch date of a campaign(s) if the creative or linking URLs are not delivered on time, there are delays due to 3rd party ad-serving, inventory fluctuation or other issues. All rates quoted herein, orally, or through written communications are only valid fourteen (14) days from date of such statement. If no agreement is reached within this time frame Minglebox reserves the right to change rates. In case the Advertiser alters any changes in the criteria of the leads, Minglebox.com is at a liberty of reviewing the overall deal period without affecting the contracting value.
- All payments will be made in advance unless agreed upon otherwise or credit is approved and Minglebox is under no obligation to perform agreed upon services until payment is received.
- It is the sole responsibility of the Advertiser to provide the necessary Creative as per Minglebox requirements.
- It is the Advertisers responsibility to validate all impressions, clicks, leads and/or acquisitions. The Advertiser must report any discrepancies related to their campaign to Minglebox within seven (7) days of the occurrence. Minglebox is not liable for any discrepancies not reported within this time frame and Advertiser waives all right, title, and intent to dispute payment to Minglebox based upon any discrepancy not reported within this time frame. No feedback will be entertained on lead quality 7 days from the day of assignment of the lead in the Advertiser's account. Furthermore, no refund claims will be entertained on grounds of unsatisfactory leads the feedback for which has come beyond this time frame. Notwithstanding the foregoing, no refund claims whatsoever will be entertained in respect of branding solutions.
- Either party may cancel this Agreement upon providing one month's written notice via email, fax or Indian Post/Courier services. If Advertiser terminates campaign early - payment in full for work performed and delivered up to the modified cancellation date will be owed and due and payable in full. Any cancellation notice will be based on the date the written notice was received by Minglebox.
- If Advertiser fails to pay overdue invoices for previous campaigns, Minglebox reserves the right to immediately terminate any active campaigns.
- Either party may cancel this Agreement upon providing one month's written notice via email, fax or Indian Post/Courier services. If Advertiser terminates campaign early - payment in full for work performed and delivered up to the modified cancellation date will be owed and due and payable in full. Any cancellation notice will be based on the date the written notice was received by Minglebox.
- If Advertiser fails to pay overdue invoices for previous campaigns, Minglebox reserves the right to immediately terminate any active campaigns.
- In the event Advertiser pays with credit card, Advertiser expressly agrees not to charge back on credit card account. Advertiser agrees to follow dispute resolution agreement as specified in section 7 herein.
- All payments must be made in US Dollars for non India based Advertisers and INR for India based Advertisers. Advertiser understands and agrees that in no event, and under no circumstance will data provided by any Minglebox representative constitute final billing numbers. Only invoices mailed directly to Advertisers and Agencies are to be construed as representative of billable amounts.
- MINGLEBOX SHALL NOT HAVE ANY LIABILITY TO THE ADVERTISER FOR LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, BASED UPON A CLAIM OF ANY TYPE OR NATURE (INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, INCLUDING NEGLIGENCE, WARRANTY OR STRICT LIABILITY), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT MINGLEBOX'S TOTAL OBLIGATIONS AND/OR LIABILITY CAN NEVER EXCEED THE CHARGE FOR THE ADVERTISEMENT IN QUESTION. EXCEPT AS EXPRESSLY SET FORTH HEREIN, MINGLEBOX MAKES NO OTHER WARRANTIES TO ADVERTISER AND DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- All Creative is accepted and published upon the representation that the Advertiser is authorized to publish the entire contents and subject matter thereof. Advertiser agrees to indemnify and hold Minglebox, its Publishers or Lists Providers and its respective affiliates, employees, officers, agents, directors and representatives ("Minglebox Indemnified Parties") harmless from all allegations, claims, actions, causes of action, lawsuits, damages, liabilities, obligations, costs and expenses (including without limitation reasonable attorneys' fees, costs related to in-house counsel time, court costs and witness fees) (collectively "Losses") for any claim or suits for libel, defamation, violation of rights of privacy, plagiarism, attorney's fees, trademarks, copyright infringement, unauthorized content (including text, illustrations, representatives, sketches, maps, labels, or other copyrighted matter) contained in creative or the unauthorized use of any person's name or photograph, arising from Minglebox reproduction and publishing of such creative pursuant to Advertiser's submission.
- Advertiser guarantees that data regarding consumers gained by this campaign will be only used for legal purposes and Advertiser will indemnify, defend and hold harmless the Minglebox Indemnified Parties from any and all losses, liabilities, claims, obligations, costs, expenses (including without limitation reasonable attorney's fees) and losses which result from any claim of damages brought or sought against Minglebox that alleges consumer data gained by this campaign was used for any purpose in violation of any applicable laws. Minglebox will have sole control over the litigation or settlement of such claim. The provisions of this Paragraph shall survive the termination of this Agreement.
- Advertiser agrees not to resell, market, or transfer any data regarding consumers gained through this campaign to any third party unless expressly permitted by Minglebox in writing.
- Minglebox is not liable for delays in delivery and/or non-delivery in the event of an act of God, actions by any governmental or quasi-governmental entity, Internet failure, equipment failure, power outage, fire, earthquake, flood, insurrection, riot, act of terrorism, act of war, explosion, embargo, strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, or any condition beyond Minglebox's control affecting production or delivery in any manner.
- Parties have disclosed or may disclose to each other information relating to each party's business (including, without limitation, data and other information pertaining to publisher mobile sites/services, affiliates and vendors that are or have been part of the Minglebox online properties), all of which to the extent previously, presently or subsequently disclosed to each other is "Proprietary Information". Proprietary Information does not include information that each party can document (a) is or becomes (through no improper action or inaction of each party or its representatives (as defined below)) generally known by the public, (b) was in its possession or known by it without restriction prior to receipt from the other party or (c) becomes available to a party from a source other than the other party or its representatives having no obligation of confidentiality. ("Representatives," when used with respect to either party, means that party's affiliates, agents, officers, directors, consultants and employees). Parties agree (i) to hold Proprietary Information in strict confidence and to take all reasonable precautions to protect such Proprietary Information (including, without limitation, all precautions each party employs with respect to its most confidential materials), (ii) not to make any use whatsoever at any time of such Proprietary Information, except for the purpose of evaluating the results of Advertiser's advertising campaign, (iii) not to copy any Proprietary Information for any purpose whatsoever without written permission from each party, and (iv) not to divulge any Proprietary Information or any information derived there from to any third party or employee, except those of each party's employees who have a legitimate "need to know" and are bound in writing to the restrictions herein. Each party will be responsible for a breach of this Agreement by any of its Representatives. Each party shall promptly notify the other party upon discovery of any unauthorized use or disclosure of Proprietary Information and will cooperate with the other party in every reasonable way to help regain possession of such Proprietary Information and prevent its future unauthorized use.
- It is agreed that any dispute or controversy arising out of or relating to any interpretation, construction, performance or breach of this Agreement, shall be exclusively governed by Indian law, with the jurisdiction of the courts at Bangalore. The prevailing party of any litigated dispute arising out of or relating in any way to this Agreement shall receive its reasonable attorney's fees, together with its costs and expenses incurred resolving the dispute as part of the judgment.
- Failure of either party to require strict performance by the other party of any provision shall not affect the first party's right to require strict performance thereafter. Waiver by either party of a breach of any provision shall not waive either the provision itself or any subsequent breach
- Advertiser is willing to collaborate with press releases and/or be mentioned as a new Advertiser.
Other
By becoming a Member of the Site / Minglebox.com Service, you agree to receive certain specific emails from Minglebox.com.
This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the Minglebox.com service, contains the entire agreement between you and Minglebox.com regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
You are under an obligation to report any misuse or abuse of the Site. If you notice any abuse or misuse of the Site or any thing which is in violation of this Agreement, you shall forthwith report such violation to minglebox.com by writing to report@minglebox.com. On receipt of such complaint, minglebox.com may investigate such complaint and if necessary may terminate the membership of the Member responsible for such violation abuse or misuse without any refund of subscription fee. Any false complaint made by a Member shall make such Member liable for termination of his / her membership
Minglebox.com is a trademark of Minglebox Communications Pvt. Ltd. By joining Minglebox.com, you confirm that you have read the above provisions and agree to abide by them.
Please email us at info@minglebox.com if you have any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
