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Terms of Service

The following Terms of Service (ToS) given by MGooS , as it is a legal document.

Prohibitions

1. collect or modify any MGooS user account information;

2. interfere or attempt to interfere in any manner with the proper workings of the MGooS that adversely affects the functionality or performance of MGooS or services provided by MGooS;

3. circumvent or render ineffective any geographical restrictions, including IP address-based restrictions;

4. modify or replace the text, images, audio or other content of the MGooS search results, including (i) changing the order in which search results are presented as MGooS search results, or (ii) intermixing sources other than MGooS when search results are presented as MGooS search results;

5. modify, replace or otherwise disable the functioning of links to MGooS or third-party websites provided in the MGooS search results or otherwise provided through the MGooS player;

6. separate, isolate, or modify the audio or video components of any MGooS ;

7. promote separately the audio or video components of any MGooS ;

8. access any portion of any MGooS audio content by any means other than use of a MGooS player;

9. store copies of MGooS audio or audiovisual content;

10. use the MGooS intentionally to encourage or promote copyright infringement or the exploitation of copyright-infringing materials;

11. misrepresent your identity when registering for use of the MGooS , use the developer credentials licensed to a different individual or entity;

12. use a audio/video player smaller than the minimum audio/video player size set forth in the MGooS documentation and specifications.

Additional Legal Provisions

1. Compliance with Laws. You are responsible for complying with all applicable laws, rules and regulations, all third-party rights and all MGooS policies. You shall not use the MGooS site in a manner that violates such laws, rules and regulations, third parties' rights or any MGooS policies or in a manner that is deceptive, unethical, false or misleading. For avoidance of doubt, You shall not distribute or provide access to applications you develop in contravention of India export control or trade laws.

2. No Implied Rights. Except as expressly granted herein, neither party through this Agreement grants the other party any intellectual property rights or other propriety rights. As between You and MGooS , its corporate affiliates, and its applicable licensors retain all intellectual property rights (including all patent, trademark, copyright, trade secret, and other proprietary rights) in and to the MGooS documentation and specifications. All license rights granted herein are not sublicensable, transferable or assignable unless otherwise stated herein.

3. Non-exclusive. This Agreement is a non-exclusive agreement. You acknowledge that MGooS may be developing and may develop products or services that may compete with this MGooS player, or any other products or services.

4. Publicity. You agree that MGooS may use Your company, organization, or product name and/or logo in presentations, marketing materials, customer lists, financial reports, website listings of customers, research and marketing case studies and other marketing-related activities. You may not issue any public announcement regarding Your use of the MGooS.

5. Indemnification. You shall indemnify, defend and hold MGooS , affiliates, and harmless from any claim, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals), arising out of or in connection with any claim, action or proceeding (any and all of which are "Claims") by a third party arising out of Your use of the MGooS in any manner that breaches this Agreement or otherwise arising out of materials or technology contributed by You and not by MGooS. At MGooS option, You shall assume control of the defense and settlement of any Claim subject to indemnification by You (provided that, in such event, MGooS may at any time thereafter elect to take over control of the defense and settlement of any such Claim, and in any event, You shall not settle any such Claim without MGooS prior written consent).

6. Termination. Any licenses contained in this Agreement will terminate automatically without notice if You fail to comply with any provision of this Agreement.MGooS reserves the right to terminate this Agreement or discontinue the MGooS or any portion or feature thereof for any or no reason and at any time without liability to You. Upon any termination or notice of any discontinuance, You shall immediately stop and thereafter desist from using the MGooS web application and delete all MGooS Data in Your possession or control (including, without limitation, from Your servers). Section III of this Agreement shall survive any termination or expiration of this Agreement and will continue to bind You in accordance with its terms.

7. Modification.
MGooS may modify any of the terms and conditions contained in this Agreement at any time and in its sole discretion by posting a change notice to Your account, changing these terms and conditions, emailing to the email address of Your account or account associated with Your developer credentials or otherwise notifying You. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF THE MGOOS API, CONTINUED POSSESSION OF A COPY OF NON-PUBLIC MGOOS API DOCUMENTATION AND SPECIFICATIONS OR CONTINUED DEVELOPMENT FOLLOWING POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

8. Release. You hereby release and covenant not to sue MGooS and its corporate affiliates and any of their officers, directors, employees, agents, shareholders, licensors, licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments, and claims (a) pertaining to any intellectual property You develop that is based on, uses, or relates to the MGooS ; and (b) which otherwise may arise in connection with Your use of, reliance on, or reference to the MGooS. If You have a dispute with one or more MGooS account owners, You release MGooS and its corporate affiliates and any of their , directors, employees, shareholders, licensors, licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments, and claims arising out of or in any way connected with such disputes. If You are a Madhya Pradesh resident, You waive India Civil Code 1908 which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

9. Miscellaneous. The Agreement is governed by India law, except for Madhya Pradesh conflicts of laws principles, and all claims arising out of or relating to this Agreement or the MGooS services and programs shall be litigated exclusively in the federal or state courts of Madhya Pradesh, India and You and MGooS consent to personal jurisdiction in those courts. The Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. You may grant approvals, permissions and consents to MGooS by email, but any modifications by You to this Agreement shall be made in a writing (not including email) executed by both parties. Any notices to MGooS shall be sent to our corporate headquarters address as set forth on our website via first class or air mail or overnight courier, and is deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the parties' intention, and remaining provisions of the Agreement will remain in full effect. You shall not assign or otherwise transfer any of Your rights or delegate Your obligations hereunder and any such attempt is null and void. You and MGooS are not legal partners or agents, but are independent contractors.



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