Terms of Service

This is your guide to the Mirchi Terms and Conditions of Use (these “Terms”). This is a contract between you and Mirchi Inc.

 

Last Revised April 10, 2020

 

Acceptance

Upon Accessing, viewing and using the Application, you are going to be legally bound by these Terms, serving as a binding contractual commitment between you and Mirchi

While we do our very best to monitor the Mirchi community, it’s always best to use your judgement when interacting with people on or off the app. Our team is there to help make your experience as enjoyable and comfortable as possible

 

Restrictions

Registering for an account (“Account”)  you must:

  1. Be at least 18 years old; and
  2. Be legally permitted to use the App by the laws of your home country.
  3. Have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.

Account

Account creation is done using your Facebook login details. When creating an Account using your Facebook login details, you authorize Mirchi to access, display and use certain information from your Facebook account (e.g. profile pictures, relationship status, location, education, work,  and information about Facebook friends). Complete acknowledgment that sharing your Facebook profile details  will be shown on Mirchi

To get a better understanding about what information used and how it is used, refer to the privacy policy.

You are responsible for maintaining the confidentiality of your login credentials you use to using up for Mirchi, and you are solely responsible for all activities that occur under your account. Immediately contact us at  [email protected] if you become aware of any unauthorized use of your password or any other breach of security

If you provide any information that is untrue, inaccurate, not current or incomplete, or Mirchi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mirchi has the right to suspend or terminate your Account and refuse any and all current or future use of the Service . You agree not to create an Account or use the Service if you have been previously removed by Mirchi, or if you have been previously banned from Mirchi

Account Deletion

You may delete your account by accessing the “settings” section of the application. If you are a monthly subscriber to Mirchi, you will need to manage your in app purchase through your mobile device platform (iTunes, Google Play) to cancel paid subscriptions.

Delete your Account at any time by going to the  “Settings” screen when you are logged in and tap on the ‘Delete account’ button. Your Account will be deleted immediately.

At our sole discretion, Mirchi has the right to terminate or suspend any Account, if Mirchi believes that you have violated this Agreement

 

License,Restrictions & Rights Mirchi Grants You

 

Mirchi grants you a personal, worldwide, revocable, limited, non-transferable license to use the features and functions of the Service to reproduce and use the App on your mobile device solely for your own personal use as intended by Mirchi and permitted by this Agreement.

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 on your profile;
  • use the services in a professional manner.

You agree that you will not:

  • act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory;
  • misrepresent your identity, your current or previous positions, qualifications or affiliations with a person or entity;
  • disclose information that you do not have the consent to disclose;
  • create or operate a sales scheme, fraud or other similar practice.
  • Express or imply that any statements you make are endorsed by Mirchi
  • Use any Robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic devices and methods
  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so
  • use meta tags or code or other devices containing any reference to Mirchi or the Service (or any trademark, trade name, service mark, logo or slogan of Mirchi) to direct any person to any other website for any purpose.
  • probe, scan or test the vulnerability of our Service or any system or network.
  • attempt to reverse engineer or jeopardize the correct functioning of Mirchi Properties, or otherwise attempt to derive the source code of the software
  • attempt to gain access to secured portions of Mirchi Properties to which you do not possess access rights
  • use Mirchi Properties to generate unsolicited email advertisements or spam;
  • use Mirchi Properties to stalk, harass or harm another individual
  • use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on Mirchi Properties or the Content contained on any such web page for commercial use without our prior express written permission
  • impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity
  • encourage or promote any activity that violates this Agreement

The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.

 

Content

Content with the following restrictions will not be permitted

  • contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
  • is obscene, pornographic, violent or otherwise may offend human dignity;
  • is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry;
  • encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
  • is defamatory or libellous;
  • relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
  • involves the transmission of “junk” mail or “spam”;
  • contains any spy ware, adware, viruses, corrupt files, worm programmes 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 Mirchi or otherwise;
  • itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
  • shows another person which was created or distributed without that person’s consent.

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.

Your Content will be visible to other users of the App all around the world instantly –  it is importantly to make sure you are comfortable with sharing the content you post and submit. Your Content may be viewed by other users and any person visiting, participating . By uploading Your Content on Mirchi, you represent and warrant to us that you have all necessary rights and licences to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide licence to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creative derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general publish such Content, whether in whole or in part and in any format or medium currently known or developed in the future).

We may assign and/or sub-licensee the above licence to our affiliates and successors without any further approval by you.

We have the right to remove, edit, limit or block access to any of Your Content at any time, and we have no obligation to display or review Your Content.

 

Other Users’ Content

Other members of Mirchi will also share content via the App. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Member Content.

You do not have any rights in relation to other users’ Member Content, and you may only use other Mirchi users’ personal information to the extent that your use of it matches Mirchi’s purpose of allowing people to meet one another. You may not use other users’ information for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.

Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. If you have a complaint about Member Content, please see the Digital Millennium Copyright Act section below for more information.

 

Mirchi’s Content

Any text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Mirchi are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.

 

Purchases

Mirchi may offer products and services for purchase (“in app purchases”) through iTunes, Google Play or other application platforms authorized by Mirchi (each, a “Software Store”). If you choose to make an in app purchase, you will be prompted to enter details for your account with your Software Store (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. Some Software Stores may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Mirchi application from your device. Deleting your account on Mirchi or deleting the Mirchi application from your device does not cancel your subscription; Mirchi will retain all funds charged to your IAP Account until you cancel your subscription through your IAP Account. Your subscription to Mirchi’s Premium Services will automatically renew until you decide to cancel in accordance with such terms, except in the case of Mirchi’s “comments” where there shall be no automatic renewal

 

Refunds

If you subscribed to Mirchi using your Apple ID: To request a refund, go to iTunes, click on your Apple ID, select “View Apple ID”, sign in if requested, select “Purchase History,” find the transaction, and tap “Report Problem.”

If you subscribed to Mirchi using your Google Play Store Account: Please tap the “Email us feedback” button from the Settings screen from within the Dil Mil app and provide us with the order number. You can find the order number in the order confirmation email from the Google Play Store

 

Interactions with other Users

User Responsibility. You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services; provided, however, that Mirchi reserves the right, but has no obligation, to intercede in such disputes. You agree that Mirchi will not be responsible for any liability incurred as a result of such interactions. You understand that Mirchi does not currently conduct criminal background checks on its users or attempt to verify the statements of its users. Mirchi makes no representations or warranties as to the conduct of the users or their compatibility with any current or future users. Mirchi reserves the right to conduct any criminal background checks or other screenings (such as sex offender register searches) at any time and using available public resources.

 

Content Provided by Other Users. The Mirchi  Properties may contain content provided by other users (“User Content”). We make an effort to moderate profile content, but Mirchi is not responsible for and does not control User Content, including the accuracy or completeness of any user’s profile information. You use all User Content and interact with other users at your own risk. In connection with the Services, we have adopted and implemented a policy that provides for the review and removal of Prohibited Content which has been reported to us. As part of that policy, we may suspend and/or terminate users who upload Prohibited Content. If you believe that one or our users is, through the use of our Service, uploading or displaying Prohibited Content, please contact us at: [email protected]

 

 

Push Notifications; Location Based Features

We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or the Mxie services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at [email protected]

.

The App may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location. To make these opportunities available to you, the App will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorize the App to access your location data, you will not be able to access such location-specific content, products, services and materials. For more about how the App uses and retains your information, please read the Privacy Policy.

 

 

Disclaimer

The Mirchi Properties and all other features on the Service are provided to you “as is” and “as available” without warranty of any kind with respect to the Mirchi Properties and/or content, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement. Should applicable law not permit the foregoing exclusion of express or implied warranties, then Mirchi hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from Mirchi, its employees, agents, suppliers, or any other persons will create any warranty, representation or guarantee not expressly stated in this section. Additionally, Mirchi does not make any warranties that the service will be uninterrupted, secure or error free or that your use of the service will meet your expectations, or that the Mirchi Properties, content, or any portion thereof, is correct, accurate, or reliable. Mirchi reserves the right to change any part of the Mirchi Properties at any time without notice.

 

Indemnity

You are responsible for your actions and information you post on Mirchi. You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their officers, agents, 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 breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post in the Service, and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.

 

 

 

 

Digital Millennium Copyright Act

Mirchi is committed to respecting and protecting the legal rights of copyright owners. As such, Mirchi adheres to the following notice and take-down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to Mirchi’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:

 

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Mirchi’s Copyright Agent to receive DMCA Takedown Notices is: email: [email protected]

 

 

Limitations of liability

Your use of the Mirchi Software is at your own risk. Neither Mirchi, its affiliates, nor any of their respective officers, directors, agents, or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit, or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the Mirchi properties or arising out of any action taken in response to or as a result of any content or other information available on the Mirchi properties, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise. The foregoing will apply even if Mirchi was advised of the possibility of such damages. If you become dissatisfied in any way with the Mirchi properties, these terms, or its privacy policy, your sole and exclusive remedy is to stop your use of the Mirchi properties. You hereby waive any and all claims against Mirchi and its affiliates, agents, representatives, and licensors arising out of your use of the Mirchi properties. Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you..

 

 

Arbitration and Governing Law

 a. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.

b. By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.

c. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Dallas County, Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

d. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

 

 

Third Party Services

 The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. Mirchi is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. Mirchi is not responsible or liable for such third parties’ terms or actions.

 

Miscellaneous / Entire Agreement

 

This Agreement, along with the Privacy Policy, the Safety Tips, and any terms disclosed to you if you purchase or have purchased additional features, products or services we offer on the Service, contains the entire agreement between you and Mirchi regarding your relationship with Mirchi and the use of the Service

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mirchi without restriction. Mirchi’s failure to enforce any provision of these Terms will not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.