Terms of Service – Bitsy.in

Bitsy.in Terms of Service
This Terms of Service statement is an integral part of Bitsy.in’s Privacy Policy, posted at www.bitsy.in/privacypolicy, and must be read in conjunction with it carefully and completely before accessing the services (hereinafter referred to as the “Services”) or content offered by Bitsy.in, (hereinafter referred to as “we”, “us”, “our” or “Bitsy.in”).
This is a legally binding agreement and by using the Services, you indicate that you have fully read, acknowledged and accepted the terms and conditions listed hereunder.

Acceptance
By using Bitsy.in and any of its related and interlinked Services in any manner, which may include but is not limited to browsing and visiting the website or using our URL shorten Service to shorten any uniform resource locator, (“URL”), you indicate that you accept these terms of service along with Bitsy.in Privacy Policy, of which these terms are an integral part.
You also indicate that you agree to all other operating rules, policies and procedures that may be posted on our web site from time to time on the Services by Bitsy, each of which is incorporated by reference and each of which may be revised and updated from time to time without prior notice to you.
Certain Services, you agree, may be subject to additional terms and conditions specified by Bitsy.in from time to time; your use of such Services is subject to those additional terms and conditions, which are assimilated into these Terms of Service by this reference.
These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of information, content and other materials or services, registered or else.

Service Ownership
Bitsy.in is owned and operated by Xportsoft Technologies India. To know more about us, or to drop us a query, please feel free to contact us at bitsylink@outlook.com.
To have a more tangible communication, you may visit us here:
Xportsoft Technologies
Khojkipur, Kardhan Road
Near Gugga Maadi
Ambala Cantt, 133001

Modification
Bitsy.in, , at its sole discretion, reserves the rightto replace or modify any of these Terms of Service, or suspend, discontinue or change the Services (including without limitation, the availability of any content, feature or database) at any time by publishing a notice or by sending a notice to you through the Services or by e-mail. Bitsy.in may also impose limits on certain features of the Services or restrict your access to parts or all of the Services without liability or notice. It is your accountability to check these Terms of Service periodically for any changes. Your use of the Services subsequent to the posting of any amendments to these Terms of Service creates acceptance of those changes.

Eligibility
You warrant and represent that you are at least 13 years of age. If you are under the age of 13, you may not, under any circumstances, use the Services. Bitsy.in, in its sole discretion, may refuse to offer the Services to any entity or person and change its eligibility criteria without notice and at any time. You are solely responsible for ensuring that these Terms of Service are in agreement with all rules, regulations and laws applicable to you and the right to access the Services is retracted where these Terms of Service or use of the Bitsy.in Services is prohibited or to the extent offering, provision or sale of the Services clash with any applicable rule, regulation or law. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

Bitsy.in Links
The Services offered by www.bitsy.inallow you to shorten (or trim) and track URLs by making use of the Bitsy.in domain as the general link. On condition that you abide by these Terms of Service, you may use the Bitsy.in Services for your personal, non-commercial purposes.
You must also abide by any applicable terms from any third-party service provide, in case you access one using the web site.

Bitsy.in Tracking (Trackers) & Logging
Certain features of the Bitsy.in you use may, wherever applicable, collect and track certain specific information, including but not limited to traffic analytics, information pertaining to URLs shortened, URLs shared, and other trackers related to your use of the Services, collectively referred to as “Bitsy.in Trackers”. Bitsy.in Trackers may include, but is not limited to:

Ownership Rights: You accept and acknowledge that all Bitsy.in Trackers collected and/or generated are owned by www.bitsy.in,and that we have the right to use, license, sell or otherwise dispose the Trackers for any purpose.

Content
For purposes of these Terms of Service, the term “Content” includes, without limitation, URLs, shortened URLs, created URLs, written posts and comments, information, data, scripts, graphics, and interactive features generated, provided, or otherwise made accessible to you on or through the Services.

User Content
Wherever applicable, all content added, created, uploaded, submitted, distributed, or posted to the Services by users, whether publicly posted or privately transmitted (collectively “User Content”), is the sole responsibility of the user who originated it. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. When and if you delete your User Content, it will be removed from the Services. However, you understand that (i) certain User Content (e.g., previously shortened URLs and related Bitsy.in Trackers, email ids, etc.) will remain available and (ii) any removed User Content may persist in backup copies for a reasonable period of time (but will not following removal be shared with others).

Bitsy.in Content
The Services may contain Content specifically provided by Bitsy.in or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Such Content includes, but is not limited to, Bitsy.in Trackers. You shall agree to and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

User License
Conditional on these Terms of Service, Bitsy.in grants each user of the Services a worldwide, non-exclusive, non-sub licensable and non-transferable license to use the Content, solely for personal, non-commercial use as part of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Bitsy.in, or from the copyright holder identified in such Content’s copyright notice.

License Grants
License to Bitsy.in: By submitting User Content through the Services, you hereby do and shall grant Bitsy.in a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connectionwith the Services and Bitsy.in’s (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds).
License to Users: You also hereby do and shall grant each user of the Services a non-exclusive license to access your User Content through the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content.
No Infringement: You represent and warrant that you have all rights to grant such licenses without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
Availability of Content: Bitsy.in does not guarantee that any Content will be made available through the Services. Further, Bitsy.in has no obligation to monitor the Services. However, Bitsy.in reserves the right to (i) remove, edit or modify any Content in its sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Bitsy.in is concerned that you may have violated these Terms of Service), or for no reason at all and (ii) remove or block any Content from the Services.

User Behavior
You promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.
You shall not, and shall not permit any third party to, either (a) take any action or (b) share post, submit or otherwise distribute or facilitate distribution of any Content (including User Content) on or through the Service that:
a)infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty.
b) is unlawful, such as content that is threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another’s privacy, or tortuous;
c) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
d) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Bitsy.in or any third party;
e) impersonates any person or entity, including any employee or representative of Bitsy.in;
f) includes anyone’s identification documents or sensitive financial information; or
g) is otherwise determined by Bitsy.in to be inappropriate at its sole discretion.
You shall not: (i) take any action that imposes or may impose (as determined by Bitsy.in in its sole discretion) an unreasonable or disproportionately large load on Bitsy.in’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass any measures Bitsy.in may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Services; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of Bitsy.in’s guidelines and policies.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any aspect, feature or part of the Services, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Services; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
Bitsy.in also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Service, 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 Bitsy.in, its users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam prevention.

Third party services
The Services may permit you to link to other websites, services or resources on the Internet, such as Facebook, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under the control of Bitsy.in, and you acknowledge that Bitsy.in is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Bitsy.in or any association with its operators. You further acknowledge and agree that Bitsy.in shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Termination
Bitsy.in may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your IP. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty disclaimer
Bitsy.in has no special relationship with, or fiduciary duty, to you. You acknowledge that Bitsy.in has no control over, and no duty to, take any action regarding:
a)which users gains access to the Services;
b) what Content you access via the Services;
c) what effects the Content may have on you;
d) how you may interpret or use the Content; or
e) what actions you may take as a result of having been exposed to the Content.
You release Bitsy.in from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Bitsy.in makes no representations concerning any Content contained in or accessed through the Services, and it will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. Bitsy.in, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): Bitsy.in MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICES OR ANY WEBSITE LINKED TO THE SERVICES.
Bitsy.in will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Bitsy.in’s equipment, transmitted over networks accessed by the Services, or otherwise connected with your use of the Services.

Indemnification
You shall defend, indemnify, and hold harmless Bitsy.in, its affiliates and each of their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or which otherwise arise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your IP, of any intellectual property or other right of any person or entity. Bitsy.in reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with Bitsy.in in asserting any available defenses.

Limitation of liability
IN NO EVENT SHALL Bitsy.in, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, REPRESENTATIVES OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

No Waiver
The failure of Bitsy.in to enforce any part of these Terms of Service shall not constitute a waiver of its right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will do so in the future. In order for any waiver of compliance with these Terms of Service to be binding, Bitsy.in must provide you with written notice of such waiver, provided by one of its authorized representatives.

Governing law and jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of India. In case of any conflict between the laws of India and those in your region, territory or residential country, the laws of India shall be applied. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of designated India courts.

Entire agreement and severability
These Terms of Service are the entire agreement between you and Bitsy.in with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Bitsy.in with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable.

Miscellaneous
Headings
The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.

Force Majeure
Bitsy.in shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Bitsy.in’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

Assignment
These Terms of Service are personal to you, and are not assignable, transferable or sub-licensable by you except with Bitsy.in’s prior written consent. Bitsy.in may assign, transfer or delegate any of its rights and obligations hereunder without consent.

Agency
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.

Notices
Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Effective Date: March 4, 2015