Terms of Service

These Terms of Service ("Terms") are between you and Ranga Media Inc (hereinafter referred to as the brand "Schmooze"). These Terms govern your access to and use of our Schmooze services, including our Schmooze mobile applications ("Apps"), our websites, including the website located at https://www.schmooze.in (collectively, the "Services").

ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN SECTION 12 ("DISPUTE RESOLUTION"), AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 12, YOU AGREE THAT DISPUTES BETWEEN YOU AND SCHMOOZE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. Basic Terms

Eligibility

You may use the Services only if you can form a binding contract with Schmooze and are not a person under the age of 18 or barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

Agreement to Terms

Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms. The Services that Schmooze provides are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Schmooze may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

Registration

If you want to use certain features of the Services you'll have to create an account and become a registered user ("User"). It's important that you provide us with accurate, complete and up-to-date information for your account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don't, we might have to suspend or terminate your account. We reserve the right to force forfeiture of any username for any reason.

You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Schmooze cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You're responsible for all activities that occur under your account, whether or not you know about them.

Account suspension and termination

We use a combination of automated systems, user reports, and a team of moderators to monitor and review accounts and content to identify breaches of these Terms. We reserve the right at our sole discretion to terminate or suspend any Account, restrict access to the App, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses). We may take such action, at any time without liability and without the need to give you prior notice. Without limiting the foregoing in any way and unless otherwise prohibited by mandatory laws in the country in which you reside, we expressly reserve the right to terminate or suspend your Account without notice (1) for violating these Terms, (2) due to your conduct on the App, or your conduct with other users of the App (including your “offline” conduct), if we, in our sole discretion, determine your conduct was inappropriate or improper, or (3) for any reasons whatsoever that we deem, in our sole discretion, justifies termination. If your Account is terminated or suspended, you agree you will not receive a refund for any paid service or features you have already been charged for. If you believe that we’ve made a mistake in taking action on your Account or your User Content (defined below), you can appeal using the processes outlined within the app or by sending an email to support@schmoozedating.com.

You may not access, tamper with, or use non-public areas of the App or our systems. Certain portions of the App may not be accessible if you have not registered for an Account.

The Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Schmooze on the Services are subject to change. In consideration for Schmooze granting you access to and use of the Services, you agree that Schmooze and its subsidiary, third party providers and partners may place such advertising on the Services or in connection with the display of content or information from the Services whether submitted by you or others.

2. Privacy

Any information that you provide to Schmooze is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Schmooze.

As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving.

3. Using the Services

The Services enable you to participate in video chats with and send messages to other Users. When you use the App, you will be able to join a video chat with a User with whom you are connected on the Services (each a "Connection"). You can add Connections by inviting them to connect on the Services.

Contacts

If you choose to import your personal contacts from your mobile device we will access your personal contacts in order to identify Users that you may know that are using the Services and to provide other Users with suggestions for potential Connections.

Invitations

We may offer you the opportunity to invite your Connections or other contacts to join your chats or otherwise enjoy the Services. If you choose to add a friend, Schmooze will send the Connection an invitation using text messaging (SMS). You may send invitations via the messaging functionality on your device or through text messages generated by the Services. If you choose to send such invitations, you represent to Schmooze that the recipients of such invitations have consented to receive such messages from you, and that those recipients do not consider such messages unwanted or unsolicited.

4. Content On the Services

For purposes of these Terms: (i) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) "User Content" means any Content that you provide or import to be made available through the Services. Content includes, without limitation, User Content.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

No obligation to pre-screen content

While we don’t assume any obligation to pre-screen any of the User Content, there may be times where we need to step in to help keep our users safe, and we reserve the right to review, pre-screen, refuse and/or remove any User Content, including content exchanged between users in direct messages as set out in these Terms.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Schmooze be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Services or broadcast elsewhere.

5. Rights in the Services and Content

Ownership

Schmooze does not claim any ownership rights in any User Content. You retain your rights to any User Content you submit, post or display on or through the Services. Subject to your ownership of your User Content, all right, title, and interest in and to the Services and Content are and will remain the exclusive property of Schmooze and its licensors (including other Users). The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Schmooze reserves all rights not expressly granted in these Terms.

Content on Schmooze is associated with a list of broad categories that can be selected when setting up your individual profile in the section 'Pick your meme vibe'. This can also be edited later from the 'Meme Vibe' section of the app. Users who are not open to viewing Content that may be NSFW, Dark humour, or Offensive/Risky content on Schmooze can choose to deselect those categories from the 'Meme Vibe'.

Rights in Content Granted by You

In order to make the Services available to you and other Users, Schmooze needs a license from you. By submitting, posting or displaying User Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). Notwithstanding the foregoing and any other provision in these Terms, the content of your chats will only be used by us for the purpose of providing you the Services and for no other purpose. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
Should there be any Content users are uncomfortable with, they can choose to report such Content by long-pressing the same and clicking 'Report'. Schmooze will review all reported content and will take relevant action to ensure a good user experience. If the content is found to violate these Terms of Service, it will be taken down from the platform. Users posting content that violates these Terms of Service will be warned once and later banned from the platform in case of repeated violation of these Terms of Service.
You are responsible for your use of the Services, for any User Content you provide, and for any consequences thereof, including the use of your User Content by other Users with whom you chat. You should only provide User Content that you are comfortable sharing with others under these Terms. Schmooze will not be responsible or liable for any use of your User Content by Schmooze in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Schmooze on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You will indemnify, defend, release, and hold us harmless from any claims made in connection with your User Content.

You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.

Users can report other Users for abusive behaviour, posting objectionable content on their profile, creating inauthentic profiles, using their Schmooze profile for scam or commercial purposes, and any other reason due to which they feel the user is not on Schmooze for a genuine connection. Users can be reported from their profile when it is shown as a recommendation and from the chatroom after a match has been created with them. Any Users reported by you will not be able to see your Schmooze profile or connect with you on Schmooze at any time

Rights in Content Granted by Schmooze

Subject to your compliance with these Terms, Schmooze grants you a limited, non-exclusive, non-transferable license to access and view the Content posted by other Users via the Services solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

Feedback

You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Schmooze, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

6. Schmooze Rights

Rights in App Granted by Schmooze

Subject to your compliance with these Terms, Schmooze grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on any mobile device or computer that you own or control and to run such copy of the App solely for your own personal, non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Schmooze reserves all rights in and to the App not expressly granted to you under these Terms.

Additional Terms for App Store Apps

If you accessed or downloaded the App from the Apple App Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple's proprietary operating system software); and (ii) as permitted by the "Usage Rules" set forth in the Apple Store Terms of Service. If you accessed or downloaded the App from any app store or distribution platform (like the Apple App Store or Google Play) (each, an "App Provider"), then you acknowledge and agree that: These Terms are concluded between you and Schmooze, and not with App Provider, and that, as between Schmooze and the App Provider, Schmooze, is solely responsible for the App.

App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
You must also comply with all applicable third-party terms of service when using the App.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

7. Payment Terms

Schmooze may offer products and services for purchase on the App ("In-App Purchase''). If you choose to make an In-App Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference.

You may make an In-App Purchase through a third-party platform such as the Apple App Store and Google Play Store ("Third Party Store"). Once you have made an In-App Purchase, you authorize us to charge you through the Third Party Store. If payment is not received by us from the same, you agree to promptly pay all amounts due upon demand by us.

All in-app purchases, that is, both one-time purchases and subscriptions, are account-specific and non-transferrable between multiple accounts. Purchases made in deleted accounts cannot be restored or transferred to a different account. On deleting an account, users will lose access to all one-time purchases and active subscriptions.The'Canceling Subscriptions' clause details more about canceling such active subscriptions and avoid being charged after deleting your account.

Subscriptions and Auto-Renewal: Schmooze may offer some services as automatically-renewing subscriptions, e.g., a one-week subscription, or one-month subscription ("Premium Services"). If you purchase an automatically renewing subscription, your subscription will renew at the end of the period, unless you cancel, at Schmooze's then-current price for such subscriptions. To avoid charges for a new subscription period, you must cancel, as described below, before the end of the then-current subscription period. Deleting your account or deleting the application from your device does not cancel your subscription. You will be given notice of changes in the pricing of the Premium Services to which you have subscribed and an opportunity to cancel. If Schmooze changes these prices and you do not cancel your subscription, you agree that you will be charged at Schmooze's then-current pricing for subscription.

Canceling Subscriptions: Since you purchased a subscription through a Third Party Store, such as the Apple App Store or the Google Play Store, you will need to access your account with that Third Party Store and follow instructions to change or cancel your subscription. If you cancel your subscription, you may use your subscription until the end of the period you last paid for, but (i) you will not (except as set forth in the subsection entitled "Refunds" below) be eligible for a prorated refund, (ii) your subscription will not be renewed when that period expires and (iii) you will then no longer be able to use the Premium Services or In-App Purchases enabled by your subscription. Because our Services may be utilized without a subscription, canceling your subscription does not remove your profile from our Services. If you wish to fully terminate your account, you must terminate your account as set forth in Section 10. Schmooze operates a global business, and our pricing varies by a number of factors. We may offer promotional rates - which can vary based on region, length of subscription, bundle size and more. We also regularly test new features. Schmooze reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any product, feature, service or other offering; to impose conditions on the honoring of any coupon, discount, offer or other promotion; to bar any user from making any transaction; and to refuse to provide any user with any product, service or other offering or to honor any offer.

Free Trials: If you sign up for a free trial and do not cancel, your trial may convert into a paid subscription and you will be charged through the Third Party Store at the then-current price for such subscription. Once your free trial converts to a paid subscription, your paid subscription will continue to automatically renew at the end of each period, and you will be charged, until you cancel. To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period or free trial period as described above. Deleting your account or deleting the application from your device does not cancel your free trial. If you have signed up for a free trial on Schmooze through the Apple Store or Google Play Store previously, you will not be eligible for another free trial and you will then be automatically signed up to a subscription and charged as described in this paragraph.

Refunds: Generally, all charges for purchases are non-refundable, and there are no refunds or credits for partially used periods. To request a refund. In addition to canceling, eligible subscribers must request a refund to receive one. If you subscribed using your Apple ID, refunds are handled by Apple, not Schmooze. To request a refund, go to the App Store, click on your Apple ID, select "Purchase history," find the transaction and hit "Report Problem". You can also submit a request at https://getsupport.apple.com. For all other purchases: please send an email to support@schmoozedating.com with your order number (you can find the order number in the order confirmation email, or if you purchased from the Google Play Store by logging in to Google Wallet).

Taxes: If Schmooze determines it has a legal obligation to collect Sales Tax from you in connection with these Terms, Schmooze will collect such Sales Tax in addition to the payments required under this Section 7. If any Premium Services, or payments for any Premium Services, under these Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Schmooze, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority. As used herein, "Sales Tax" means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

8. Restrictions On The App

You agree to:

comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;
use your real name and real age in creating your Schmooze account and on your profile; and
use the services in a safe, inclusive and respectful manner and adhere to these terms at all times.

You agree that you will not:

act in an unlawful or disrespectful manner including being dishonest, abusive or discriminatory;
misrepresent your identity, your age, your current or previous positions, qualifications or affiliations with a person or entity;
disclose information that you do not have the consent to disclose;
stalk or harass any other user of the App;
use the App in any deceptive, inauthentic or manipulative way, including engaging in conduct or distributing content relating to scams, spam, inauthentic profiles or commercial and promotional activity;
submit appeals, reports, notices or complaints that are manifestly unfounded; or;
develop, support or use software, devices, scripts, robots, other types of mobile code or any other means or processes (including crawlers, browser plugins and add-on or other technology) to scrape or otherwise exfiltrate from Schmooze or its services, or otherwise copy profiles and other data from the services.

We don’t like users misbehaving in the Schmooze community. You can report any abuse or complain about User Content by contacting us, outlining the abuse and/or complaint. You can also report a user directly from a profile or in chat by clicking ‘Report & Unmatch’ in options. We reserve the right to investigate any possible violations of these Terms, any Schmooze user’s rights, or any third party rights and we may, in our sole discretion, immediately terminate any user’s right to use the App without prior notice, as set out further in Section 1 above, and/or remove any improper, infringing or otherwise unauthorised User Content submitted to the App.

We don’t control any of the things our users say or do, so you are solely responsible for your interactions with other users of the App.

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, restrict access to one or more features, and to suspend and / or terminate Users or reclaim usernames without liability to you. You may NOT post Content that:

Is illegal or encourages, promotes or incites any illegal activity;
Is harmful to minors;
Is defamatory or libellous;
Itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights, publicity rights, and privacy rights);
Shows another person which was created or distributed without that person’s consent;
Promotes discrimination, hatred or harm against any individual or group;
Is a direct and specific threat of violence to others;
Is defamatory, obscene or pornographic;
Is furtherance of illegal activities;
Is harassing, abusive, or constitutes spam;
Relates to commercial activities (including, without limitations, sales, competitions and advertising, or links to other websites)’
Involves the transmission of “junk” mail or “spam”;
Impersonates or intends to deceive or manipulate a person (including, without limitation, scams and inauthentic behaviour);
contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Schmooze or otherwise; or
In any other way violates our terms of use.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of Schmooze, its Users and the public. Schmooze does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

You may not do any of the following while accessing or using the Services:

access, tamper with, or use non-public areas of the Services, Schmooze's computer systems, or the technical delivery systems of Schmooze providers;
probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Schmooze (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Schmooze (NOTE: scraping the Services without the prior consent of Schmooze is expressly prohibited);
forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
interfere with, or disrupt, (or attempt to do so), the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
use, display, mirror or frame the Services or any individual element within the Services, Schmooze's name, any Schmooze trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Schmooze's express written consent;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Schmooze or any of Schmooze's providers or any other third party (including another User) to protect the Services or Content;
attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Schmooze or other generally available third-party web browsers;
send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
use any meta tags or other hidden text or metadata utilizing an Schmooze trademark, logo URL or product name without Schmooze's express written consent;
use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
collect or store any personally identifiable information from the Services from other Users of the Services without their express permission;
violate any applicable law or regulation; or
encourage or enable any other individual to do any of the foregoing.

Scraping or replicating any part of the App without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces - unless you have been specifically allowed to do so in a separate agreement with us.

9. DMCA/Copyright Policy

Schmooze respects copyright law and expects its Users to do the same. It is Schmooze's policy to terminate in appropriate circumstances Users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Schmooze's Copyright Policy, for further information.

10. Ending These Terms

The Terms will continue to apply until terminated by either you or Schmooze as follows. You may end your legal agreement with Schmooze at any time for any reason by deactivating your account and discontinuing your use of the Services. In order to deactivate your account, you can go to the 'Preferences' page and click on 'Delete my account' from more options. We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account. Nothing in this section shall affect Schmooze's rights to change, limit or stop the provision of the Services without prior notice, as provided above in Section 1.

11. Indemnity

You will indemnify and hold harmless Schmooze and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.

12. Disclaimers And Limitations Of Liability

Please read this section carefully since it limits the liability of Schmooze and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "Schmooze Entities"). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

The Services are Available "AS-IS"

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, SCHMOOZE ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Schmooze Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content (including without limitation any unlawful use of the Services); (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Schmooze Entities or through the Services, will create any warranty not expressly made herein.

End-User License Agreement (EULA) of Schmooze

This End-User License Agreement ("EULA") is a legal agreement between you and Schmooze

This EULA agreement governs your acquisition and use of our Schmooze software ("Software") directly from Schmooze or indirectly through a Schmooze authorized reseller or distributor (a "Reseller").

Please read this EULA agreement carefully before completing the installation process and using the Schmooze software. It provides a license to use the Schmooze software and contains warranty information and liability disclaimers.

If you register for a free trial of the Schmooze software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the Schmooze software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.

This EULA agreement shall apply only to the Software supplied by Schmooze herewith regardless of whether other software is referred to or described herein. The terms also apply to any Schmooze updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

License Grant

Schmooze hereby grants you a personal, non-transferable, non-exclusive license to use the Schmooze software on your devices in accordance with the terms of this EULA agreement.

You are permitted to load the Schmooze software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Schmooze software.

You are not permitted to:

Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things as:

Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
Allow any third party to use the Software on behalf of or for the benefit of any third party
Use the Software in any way which breaches any applicable local, national or international law
Use the Software for any purpose that Schmooze considers is a breach of this EULA agreement

Intellectual Property and Ownership

Schmooze shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Schmooze.

Schmooze reserves the right to grant licences to use the Software to third parties.

Termination

This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Schmooze.

It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

Governing Law

This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of the State of Delaware.

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