CoBELS Terms of Use
Introduction
This site – www.cobels.in (‘CoBELS or ‘the Site’) – is owned, operated and presented
to users world-wide by Callystro Infotech Private Limited (‘Callystro’). CoBELS
is an online program that helps your child apply and learn concepts better through
real-world Acti-Games (learning games based on India’s NCERT syllabus).
By using CoBELS or by clicking a box that states that you accept or agree to these
terms, you signify your agreement to these terms of use. If you do not agree to
these documents, you may not use CoBELS. If you are a parent or guardian and you
provide your consent to your child's registration with the site, you agree to be
bound by these terms of use in respect of their use of the site.
Special terms apply to some features/services offered on CoBELS, like subscription-based
services, events, other features or activities. These terms are posted in connection
with the applicable service. Subject to applicable law, any such terms are in addition
to these terms of use, and in the event of a conflict, prevail over these terms
of use.
You acknowledge that these terms of use are supported by reasonable and valuable
consideration, the receipt and adequacy of which are hereby acknowledged. Without
limiting the generality of the foregoing, you acknowledge that such consideration
includes your use of the Site and receipt of data, materials and information available
at or through the Site, the possibility of our use or display of your Solicited
Submissions and the possibility of the publicity and promotion from our use or display
of your Solicited Submissions. If you post Submissions, you are granting Callystro
and its partners, royalty-free, perpetual and irrevocable right to use, modify,
publish, translate and display the content.
Rules Of Conduct
The following Rules of Conduct apply to the Site. By using the Site, you agree that
you will not Distribute any Submission that:
- is illegal or encourages or advocates illegal activity or the discussion of illegal
activities with the intent to commit them; infringes or violates any right of
a third party;
- (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of
privacy of another person; (b) is hateful, or racially or otherwise offensive; (c)
is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d)
otherwise harms or can reasonably be expected to harm any person or entity
- is commercial, business-related or advertises or offers to sell any products, services
or otherwise;
- contains a virus or other harmful component, or otherwise interferes with any person
or entity's use or enjoyment of the Site or
- is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding,"
"trolling," and "griefing" as those terms are commonly understood and used on the
Internet.
We cannot and do not assure that other users are or will be complying with the foregoing
Rules of Conduct or any other provisions of these terms of use, and, as between
you and us, you hereby assume all risk of harm or injury resulting from any such
lack of compliance.
User Accounts
Some services on the Site permit or require you to create an account to participate
or to secure additional benefits. You agree to provide, maintain and update true,
accurate, current and complete information about yourself as prompted by our registration
processes (the ‘Registration Data’). You shall not impersonate any person or entity
or misrepresent your identity or affiliation with any person or entity, including
using another person's username, password or other account information, or another
person's name, likeness, voice, image or photograph. You also agree to promptly
notify us of any unauthorized use of your username, password, other account information,
or any other breach of security that you become aware of involving or relating to
the Site. In addition, you agree to exit from your account at the end of each session.Subject
to applicable law, we may suspend or terminate your account and your ability to
use any the Site or portion thereof for failure to comply with these terms of use
or any special terms related to a particular service, for infringing copyright,
or for any other reason whatsoever.
Membership, Refund, Cancellation
You may purchase a membership ("Membership") for your own User Account or another
person's User Account on this Site. You must be eighteen (18) years or older to
purchase a Membership. By purchasing a Membership on this Site, you represent that
you are eighteen (18) years or older and that you are authorized to use the chosen
payment method (including, without limitation, credit cards) for the purpose of
purchasing Membership. Membership can be purchased for various terms of months and
provides certain benefits as stated on the membership information page. A purchased
Membership shall renew automatically at the conclusion of the then current Membership
period for the same duration at the then current price for the applicable Membership
period. A Membership renewal shall be charged to the credit card or payment method,
as applicable, used at the first time of purchase. We will send an email notice
of such automatic renewal to the email address of the original purchaser.
d) Special Note To Parents
We encourage parents/ guardians to spend time with their Children (under 18 years
of age) when their Children engage in the on-line activities on this Site. We do
not require a Child to disclose more Personally Identifiable Information, than is
reasonably necessary to participate in the on-line activity. No Personally Identifiable
Information of children should be submitted to or posted on this Site by Children
without the consent of their parent or guardian. We encourage parents to help us
protect their Children's privacy by instructing them never to provide Personally
Identifiable Information on this Site or any other website without parental permission.
A purchaser may always cancel or decline to renew a membership as specified in the
Membership information page and/or the Membership renewal notice. Please note that
if a Membership is cancelled before the expiration of the then current term, no
refunds will be given to the purchaser. Memberships are non-transferable and non-refundable.
Delivery Policy
Once you buy a membership, a receipt for this will be sent to you for your records
to the email address you mentioned while buying the license. Your account will be
upgraded to have all the Member privileges.
Use of Content
The Site is only for your personal use. You may not use the Site for commercial
purposes or in any way that is unlawful, or harms us or any other person or entity.
All information, materials, functions and other content (including Submissions from
users) (‘Content’) contained on the Site are our copyrighted property or the copyrighted
property of our licensors or licensees. Do not use any portion of the website without
the prior consent of Callystro. We may change the Site or delete Content or features
at any time, in any way, for any reason.
Except as we specifically agree in writing, no Content from CoBELS may be used,
reproduced, transmitted, distributed or otherwise exploited in any way other than
as part of the Site, not even as part of a derivative work. Any business use, "re-mailing"
or high-volume or automated use of Site is prohibited.
In the event that we offer downloads of software on a Site and you download such
software, the software, including any files, images incorporated in or generated
by the software, and data accompanying the software (collectively, the ‘Software’)
are licensed to you by us or third-party licensors for your limited, personal, noncommercial
home use only. We do not transfer title to the Software to you. Except as permitted
under applicable law, you may not distribute or otherwise exploit the Software or
decompile, reverse engineer, disassemble, adapt it, or otherwise reduce the Software
to a human-readable form, except to the extent permitted by applicable law.
You acknowledge and agree that nothing in these terms of use shall have the effect
of transferring the ownership of any copyrights, trademarks, slogans, service marks,
trade names, trade dress or other proprietary rights in the Site or Content or any
part thereof to you or any third party nor to authorize you to create derivative
works based on the Content. You undertake not to do any act or thing which is inconsistent
with or which is likely in any way to prejudice such title.
Submissions
In these terms of use, we use the word ‘Submissions’ to mean text, messages, photographs,
pictures, stories, ideas, concepts, suggestions, screenplays, treatments, formats,
artwork, drawings, videos, audiovisual works, musical compositions (including lyrics),
sound recordings, characterizations, your and/or other persons' names, likenesses,
voices, usernames, profiles, actions, appearances, performances and/or other biographical
information or material, and/or other similar materials that you submit, post, upload,
embed, display, communicate or otherwise distribute (collectively, ‘Distribute’)
on or through the Site.
We do not accept or consider unsolicited Submissions - so please do not Distribute
unsolicited Submissions on the Site. We want to avoid the possibility of future
misunderstandings when projects developed by us might seem to others to be similar
to their own submissions or comments. We therefore ask that you not Distribute any
Unsolicited Submission. In any event, you agree that any Submissions you make is
not being made in confidence or trust, and that you have no expectation of any review,
compensation or consideration of any type.
We, our licensees, distributors, agents, representatives and other authorized users
shall be entitled to exploit and disclose all Submissions, and we shall not be liable
to you or to any person claiming through you for any exploitation or disclosure
of any Submission.
Delivery Policy
Once you buy a membership, a receipt for this will be sent to you for your records
to the email address you mentioned while buying the license. Your account will be
upgraded to have all the Member privileges.
Removal Of Submissions
We reserve the right to refuse to post or communicate or remove any Submission from
the Site at any time for any reason or no reason whatsoever.
Licenses And Representations
You hereby grant us and our licensees, distributors, agents, representatives and
other authorized users, a non-exclusive, irrevocable, fully-paid, royalty-free,
sub-licensable and transferable (in whole or part) worldwide license for an indeterminate
period (or for such maximum period permitted by applicable law) under all copyrights,
trademarks, patents, trade secrets, privacy and publicity rights and other intellectual
and industrial property rights you own or control to use, reproduce, transmit, display,
exhibit, distribute, index, comment on, modify (including removing art, lyrics and
music from any Submission or substituting the art, lyrics and music in any Submission
with music and lyrics selected by us), create derivative works based upon, perform
and otherwise exploit such Submissions, in whole or in part, in all media formats
and channels now known or hereafter devised for any and all purposes including,
without limitation, entertainment, news, advertising, promotional, marketing, publicity,
trade or commercial purposes, all without further notice to you, with or without
attribution, and without the requirement of any permission from or payment to you
or to any other person or entity (the ‘Submissions License’).
Public Forums And Communication
‘Public Forum’ means an area, site or feature offered as part of any Site that offers
the opportunity for users to Distribute Submissions for viewing by one or more Site
users, including a chat area, message board or social community environment.
You acknowledge that Public Forums and features offered therein are for public and
not private communications, and you have no expectation of privacy with regard to
any Submission to a Public Forum. We cannot guarantee the security of any information
you disclose through any of these media; you make such disclosures at your own risk..
Subject to applicable law, you are and shall remain solely responsible for the Submissions
you Distribute on or through the Site under your username or otherwise by you in
any Public Forum and for the consequences of submitting and posting same. Also,
you should be skeptical about information provided by others, and you acknowledge
that the use of any Submission posted in any Public Forum is at your own risk. For
example, we are not responsible for, and we do not endorse, the opinions, advice
or recommendations posted or sent by users in any Public Forum and we specifically
disclaim any and all liability in connection therewith. We owe you no obligation,
and therefore may refuse, to post, deliver, remove, modify or otherwise use or take
any action with respect to Submissions you Distribute. We reserve the right to screen,
refuse to post, remove or edit Submissions at any time and for any or no reason
including, without limitation, if your Submission fails to conform to the Rules
of Conduct, in our absolute and sole discretion without prior notice. If we elect
to screen Submissions, there may be a delay in the posting of such content in a
Public Forum to allow for a review process. If we have questions about your Submissions
including, without limitation, the copyright, we may contact you for further information
including, for example, to verify that you own the copyright or otherwise obtained
permission to post the material.
Disclaimers
The content of Site are intended for educational purposes only. Subject to applicable
law, the content on the site is provided "as is" and without conditions or warranties
of any kind. To the fullest extent permissible pursuant to applicable law, we disclaim
all conditions and warranties, express or implied, including, subject to applicable
law, those of merchantability, fitness for a particular purpose, accuracy, completeness,
availability, security, compatability and noninfringement. We do not warrant that
any content will be error-free, that access thereto will be uninterrupted, that
defects will be corrected, or that the site or the servers that make such content
available are free of viruses or other harmful components. Moreover, subject to
applicable law, you assume the entire cost of all necessary servicing, repair or
correction. We do not warrant or make any representations regarding the use or the
results of the use of any content. Applicable law may not allow the exclusion of
implied warranties, so the above exclusion may not apply to you. You hereby irrevocably
waive any claim against us with respect to content and any content you provide to
third party sites (including credit card and other personal information), to the
fullest extent permitted by applicable law. Please note, however, that this does
not affect your statutory rights as a consumer, in particular the legal warranty
for latent defects for users who access the site in certain jurisdictions.
Site may contain the opinions and views of other users. Given the interactive nature
of these sites, we cannot endorse, guarantee, or be responsible for the accuracy,
efficacy, or veracity of any content generated by our users.
Indemnification
You are responsible for maintaining the confidentiality of your username(s), password(s),
and your account(s), as well as all activities that occur under your account(s).
You hereby agree to indemnify, defend, and hold us harmless from and against any
and all losses, damages, liabilities and costs (including settlement costs and any
legal or other fees and expenses for investigating or defending any actions or threatened
actions) incurred by the Indemnified Parties in connection with any claim arising
out of any breach by you of these terms of use or claims arising from your use of
the Site and/or your account(s). You shall use your best efforts to cooperate with
us in the defense of any claim. We reserve the right, at our own expense, to employ
separate counsel and assume the exclusive defense and control of any matter otherwise
subject to indemnification by you.
Limitation Of Liability
Subject to applicable law, we may terminate your further access to site or change
the site or delete content or features in any way, at any time and for any reason
or no reason without liability.
Controlling Law and venue issues
Subject to the requirements of applicable consumer rights and other laws, you agree
that any action at law or in equity arising out of or relating to these terms of
use or the Site shall be filed, and that venue properly lies, only in courts located
in the City of Mangalore, India, and you hereby consent and submit to the personal
jurisdiction of such courts for the purposes of litigating any such action. We make
no representation that Content on the Site is appropriate or available for use in
any particular location. Those who choose to access the Site do so on their own
initiative and are responsible for compliance with all applicable laws including
any applicable local laws.
Termination
These terms of use are effective until terminated by either you or us. You may terminate
these terms of use at any time by discontinuing use of the Site and destroying all
materials obtained from the Site and all related documentation and all copies and
installations thereof, whether made under these terms of use or otherwise.
We may immediately terminate these terms of use with respect to you (including your
access to the Site) in our absolute discretion including, without limitation, if
you breach or fail to comply with any material term or provision of these terms
of use. Upon termination, you must cease use of the Site and destroy all materials
obtained from the Site and all copies thereof, whether made under these terms of
use or otherwise.
We have adopted and implemented a policy that provides for the termination, in appropriate
circumstances, of the accounts of users who are repeat infringers of copyright.
Any fraudulent, abusive or otherwise illegal activity may also be grounds for termination
of your account, at our sole discretion, and you may be reported to appropriate
law-enforcement agencies.
General Provisions
Subject to the requirements of applicable consumer rights and other laws, these
terms of use shall be governed by and construed in accordance with the laws of India,
without giving effect to any principles of conflicts of law. Supply of goods, services
and software through the Site is subject to Indian government economic sanctions
requirements. By acquiring any such items through the Site, you represent and warrant
that your acquisition comports with and your use of the item will comport with those
requirements.
Copyright
If you have any complaints or objections to material posted on this site, please
contact our Designated Agent (‘Notice’):
Designated Agent
Callystro Infotech Private Limited,
2nd Floor, City Trade Center, Kadri, Mangalore,
Karnataka 575003 , India
Phone: +91 824 2441455
Email: nestor@callystro.com
To be effective, the Notice must include the following:
- A physical or electronic signature of the owner or a person authorized to act on
behalf of the owner (‘Complaining Party’) of an exclusive right that is allegedly
infringed;
- Identification of the copyrighted work claimed to have been infringed;
- 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 us to locate the material;
- Information reasonably sufficient to permit us 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 the owner or is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.