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1. Your Acceptance
2. Cohortplus Service
These Terms of Service apply to all users of the Cohortplus Service. Information provided by our users through the Cohortplus Service may contain links to third party websites that are not owned or controlled by Cohortplus. Cohortplus has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Fairmont will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Fairmont shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
3. Cohortplus Access
B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide Cohortplus with your mobile phone number. You expressly acknowledge and agree that in order to provide the Service, Fairmont may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Service. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to Cohortplus to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service. You are solely responsible for the status messages that you submit and that are displayed for your mobile phone number on the Cohortplus Service. You must notify Fairmont immediately of any breach of security or unauthorized use of your mobile phone. Although Fairmont will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Fairmont or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the Fairmont servers in a given period of time than a human can reasonably produce in the same period by using a Cohortplus application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, Fairmont grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Fairmont reserves the right to revoke these exceptions either generally or in specific cases.. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.
4. Consent to Use of Data
4. Intellectual Property Rights
The design of the Cohortplus Service along with Cohortplus created text, scripts, graphics, interactive features and the like, except Status Submissions (as defined below), and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Fairmont, subject to copyright and other intellectual property rights under Indian and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. Fairmont reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Status Submissions of third parties obtained through the Service for any commercial purposes.
5. User Status Submissions
A. The Cohortplus Service allows Cohortplus users to submit text, profile photos and other communications submitted by you. These Submissions may be hosted, shared, and/or published as part of the Cohortplus Service, and may be visible to other users of the.
B. You shall be solely responsible for your own posts and the consequences of posting or publishing them. Because Cohortplus is only acting as a repository of data, user submitted content do not necessarily represent the views or opinions of Fairmont, and Fairmont makes no guarantees as to the validity, accuracy or legal status of any status. In connection with posts, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Cohortplus to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Status Submissions to enable inclusion and use of the posts in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the posts to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the posts in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your posts, but you have to have the rights in the first place. However, by submitting the posts to Cohortplus, you hereby grant Cohortplus a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the posts in connection with the Cohortplus Service and Fairmont's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Cohortplus Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your status on the Cohortplus Service a non-exclusive license to access your posts through the Service. The foregoing license granted by you terminates once you remove or delete a post from the Cohortplus Service.
C. In connection with posts, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Fairmont all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Fairmont or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.
D. Adult content must be identified as such. Fairmont does not endorse any Status Submission or any opinion, recommendation, or advice expressed therein, and Fairmont expressly disclaims any and all liability in connection with posts.Fairmont does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and Fairmont will remove all content and posts if properly notified that such content or Status Submission infringes on another's intellectual property rights.
E. You understand that when using the Cohortplus Service you will be exposed to posts from a variety of sources, and that Fairmont is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such posts, and that such posts are not the responsibility of Fairmont. You further understand and acknowledge that you may be exposed to posts that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Fairmont with respect thereto, and agree to indemnify and hold Fairmont, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Cohortplus Service.
F. Fairmont permits you to link to materials on the Service for personal purposes only. Fairmont reserves the right to discontinue any aspect of the Cohortplus Service at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE COHORTPLUS SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FAIRMONT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. FAIRMONT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE COHORTPLUS SERVICE. COHORTPLUS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE COHORTPLUS SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
YOU SPECIFICALLY ACKNOWLEDGE THAT FAIRMONT SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by Fairmont from its facilities in India. Fairmont makes no representations that the Cohortplus Service is appropriate or available for use in other locations. Those who access or use the Cohortplus Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Fairmont, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Cohortplus Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your posts caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Cohortplus Service.
9. Ability to Accept Terms of Service
You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 16 years old as the Cohortplus Service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the Cohortplus Service. Fairmont Technologies is the developer of the Service, with an address at Anugraha, Matadakini 1st Cross, Jarandaya Temple Road Behind Urva Market, Mangalore -575006 info at cohortplus.com.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fairmont Technologies without restriction.
The Information Cohortplus Collects
Cohortplus may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below (âPersonally Identifying Informationâ):
User Provided Information: You provide certain Personally Identifiable Information, such as your mobile phone number, push notification name (if applicable), billing information (if applicable) and mobile device information to Cohortplus when choosing to participate in various uses of the Cohortplus Service, such as registering as a user, updating your status or requesting status for your contacts.
Contact Information: Cohortplus app will ask the user to share the names, numbers and email addresses contained in the userâs deviceâs address book (âContact Informationâ) with Cohortplus for the purpose described below under Smart Suggest.
Where the Cohortplus Apps is obtained from Apple App Store or Google Play, we will only use Contact Information for sourcing and recognizing and recommending people from your phone contact book that you can recommend for posts in the Cohortplus app.
In addition to Contact Information, if you choose to activate use of a third party social network service, such as Facebook, Google+, LinkedIN or Twitter, within the Cohortplus App, Cohortplus may up-load, store and use the list of identifiers associated with said services linked to the Contact Information in order to enhance the results shared with other Users.
Please note that no other Contact Information than the phone numbers , company name, names of users and thereto attached names and email addresses will be received, stored and used from the Userâs address book
Log File Information: When you use the Cohortplus Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number, phone number you are requesting the status of and various status information. When you use the Cohortplus Service, our servers log certain general information that our application sends whenever a message is sent or received, or if you update or request any status information, including time and date stamps and the mobile phone numbers the messages were sent from and to.
The Information Cohortplus Does Not Collect
We do not collect location data, but users may voluntarily share their location with other users via the Cohortplus Service.
The Way Cohortplus Uses Information
If you submit Personally Identifiable Information to us through the Cohortplus Site, or Cohortplus Service, then we use your personal information to operate, maintain, and provide to you the features and functionality of the Cohortplus Site and Cohortplus Service. In particular, your mobile phone number is essential to your use of the Cohortplus Service and will be retained. We do not use your mobile phone number or other Personally Identifiable Information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your mobile phone number (or email address, if provided) without further consent for non-marketing or administrative purposes (such as notifying you of major Cohortplus Site or Cohortplus Service changes or for customer service purposes). We may use both your Personally Identifiable Information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Cohortplus Site and Cohortplus Service and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. Hopefully we improve the Cohortplus Site and Service and don't make it suck worse. We may use log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you use the Cohortplus Service or Cohortplus Site; (b) provide custom, personalized content and information; (c) monitor individual and aggregate metrics such as total number of visitors, pages viewed, etc.; and (d) track your entries, submissions, views and such.
When Cohortplus Discloses Information
If another user has your mobile phone number stored in their mobile phone address book or contact list, they will be able see your status information unless you have chosen to block such user.
We do not sell or share your Personally Identifiable Information (such as mobile phone number) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the Cohortplus Service. We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Cohortplus Site. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws, international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individualâs physical safety may be at risk or threatened. Cohortplus also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that Cohortplus believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Cohortplus Site or our servers, and to protect the rights, property, or personal safety of Cohortplus, our users or others.
Third-party Advertisers, Links to Other Sites
We are not fans of advertising. Cohortplus is currently ad-free and we hope to keep it that way forever. We have no intention to introduce advertisement into the product, but if we ever do, will update this section.
Our Commitment To Data Security
Cohortplus uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Cohortplus and you do so at your own risk. Using unsecured wifi or other unprotected networks to submit messages through the Cohortplus Service is never recommended. Once we receive your transmission of information, Cohortplus makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Cohortplus learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Cohortplus may post a notice on the Cohortplus Site or through the Cohortplus Service if a security breach occurs.
Our Commitment To Childrens' Privacy
Protecting the privacy of young children is especially important. For that reason, Cohortplus does not knowingly collect or maintain Personally Identifiable Information or non-personally-identifiable information on the Cohortplus Site or Cohortplus Service from persons under 16 years of age, and no part of the Cohortplus Service is directed to or intended to be used by persons under 16. If you are under 16 years of age, then please do not use the Cohortplus Service or access the Cohortplus Site at any time or in any manner. If Cohortplus learns that Personally Identifiable Information of persons under 16 years of age has been collected on the Cohortplus Site or Cohortplus Service, then Cohortplus may deactivate the account and/or make the status submissions inaccessible. And always, think of the children!
Special Note to International Users
In the Event of Merger, Sale, or Bankruptcy
In the event that Cohortplus is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Changes and updates to this Privacy Notice
Date Last Modified: 12/9/2015×