These Terms of Service apply to all users of the Habba Service. Information provided by our users through the Habba Service may contain links to third party websites that are not owned or controlled by Habba. Habba has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Habba will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Habba shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
Errors, Corrections, and Right to Modify or Discontinue Service and Sites
We do not represent or warrant that the Habba Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Habba Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Habba Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site. Habba reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services and/or Sites (or any part thereof) with or without notice. Haba shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any Sites.
- Subject to your compliance with these Terms of Service, Habba hereby grants you permission to use the Service, provided that:
- your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service;
- you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Habba's prior written authorization;
- you will not attempt to reverse engineer, alter or modify any part of the Service; and
- In order to access and use the features of the Service, you acknowledge and agree that you will have to provide Habba with your mobile phone number. You expressly acknowledge and agree that in order to provide the Service, Habba 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 Habba to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service. We collect the mobile phone number of all users, and the e-mail address of users who opt in to receive e-mail newsletters during registration. You must notify Habba immediately of any breach of security or unauthorized use of your mobile phone. Although Habba will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Habba or others due to such unauthorized use.
- 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 Habba servers in a given period of time than a human can reasonably produce in the same period by using a Habba application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, Habba 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. Habba reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by Habba clients. 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.
Intellectual Property Rights
The design of the Habba Service along with all associated properties, are owned by or licensed to Habba, subject to copyright and other intellectual property rights under Indian Law. The Service is provided to you AS IS for your information and personal use only. Habba 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.
User Submissions & Specific Features
B. In connection with Ratings, you further agree that you will not:
- 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 Habba all of the license rights granted herein;
- publish falsehoods or misrepresentations that could damage Habba or any third party;
- 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;
- post advertisements or solicitations of business;
- impersonate another person;
- send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- interfere with or disrupt the integrity or performance of the Service or the data contained therein; or
- attempt to gain unauthorized access to the Service or its related systems or networks.
C. Adult content must be identified as such. Habba does not endorse any Rating and/or Review or any opinion, recommendation, or advice expressed therein, and Habba expressly disclaims any and all liability in connection with ratings and/or submissions. Habba does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and Habba will remove all content and Ratings and/or Reviews if properly notified that such content infringes on another's intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially 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 that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the mobile phone number of the Habba Mobile App user allegedly infringing the copyrighted work;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has 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 the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to support at. Habba reserves the right to remove contents without prior notice. Habba may also terminate a user's access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a content removed from the Service more than once. Habba also reserves the right to decide whether content or a Rating and/or Review is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. Habba may remove such contents and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
D. You understand that when using the Habba Service you will be exposed to Ratings and Review submissions from a variety of sources, and that Habba is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions, and that such Submissions are not the responsibility of Habba. You further understand and acknowledge that you may be exposed to Submissions 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 Habba with respect thereto, and agree to indemnify and hold Habba, 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 Habba Service.
E. Habba reserves the right to discontinue any aspect of the Habba Service at any time.
F. Right, But Not Obligation, to Monitor Submissions: Habba does not and shall not have any obligation to review Submissions, and therefore we do not guarantee the accuracy, integrity or quality of Submissions and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Submissions will not appear on our Service. We do, however, reserve the right to review any or all Submissions in our sole discretion. In addition, we reserve the right to alter, edit or remove any Submissions, in whole or in part, at our sole discretion.