Pyaarkar Terms Of Use

Last updated: May 3, 2023

Welcome to Pyaarkar. This Terms of service ("Agreement", "Terms") applies to Websites, Apps and Services operated by Pyaarkar. For simplicity, we refer to all of these as our "Service","Us","We","Company" in this Terms. We provide you our services according to these Terms.

1.Acceptance of Terms of Use Agreement.

Thank you for using Pyaarkar's services. By creating a Pyaarkar account or by using any Pyaarkar service, whether through a mobile device, mobile application or computer (collectively, the "Service") you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy, and (iii) any terms disclosed to you if you purchase or have purchased additional features, products or services we offer on the Service (collectively, this "Agreement"). If you do not accept and agree to be bound by all of the terms of this Agreement, you should not use the Service.

2.Terms of Use Changes

We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service under "Settings" and also on the Pyaarkar website, and you should regularly check for the most recent version. The most recent version is the version that applies. The changes will be effective on the day of publication, and this Agreement will replace any prior agreement. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement. You agree this Agreement replaces any prior agreement and shall govern your entire relationship with Pyaarkar, including but not limited to events, agreements, and conduct preceding your acceptance of this Agreement.

3.Eligibility

You must be at least 18 years of age to create an account on Pyaarkar and use the Service. We do not knowingly collect or maintain information from children under age 18. If you access or use Pyaarkar by providing false representation on your age, you and your guardians shall undertake the consequential liabilities of doing so as per the applicable laws and regulations; and Pyaarkar shall be discharged of the legal consequences. By creating an account and using the Service, you represent and warrant that:

•you can form a binding contract with Pyaarkar;

• you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction-meaning that you do not appear on the U.S. Treasury Department's list of Specially Designated Nationals or face any other similar prohibition;

• you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.

4.Account

In order to use Pyaarkar, you may sign in using your Facebook Account, Google Account, or Apple id. If you do so, you authorize us to access and use certain Facebook account information, including but not limited to your public profile in such account and email. You may also sign in using your phone number. If you do so, you authorize us to collect and record your phone number. For more information regarding the information, we collect from you and how we use it, please go to our Privacy Policy.

5.Modifying the Service and Termination

Pyaarkar is always striving to improve the Service. This means we may add new product features or enhancements from time to time as well as remove some features, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

You may disable your account at any time. Please go to the first page of the App then delete the App. However, if you use a third-party payment account, you will need to manage in-app purchases through such an account (e.g., iTunes, Google Play) to avoid additional billing.

If Pyaarkar believes that you have violated this Agreement, we may terminate your account at any time without notice. No refund will be given for any purchases if your account is terminated with the above situation.

6.User Behavior; Your Interactions with Other Users

In Pyaarkar, we use invitation and acceptance to indicate the interest of the user. Though Pyaarkar strives to encourage a respectful user experience through features like the double opt-in that only allows users to communicate if they have both indicated interest in one another, it is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT PYAARKAR DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. PYAARKAR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS.

7.Content Posted on Pyaarkar

Pyaarkar may allow users to create, post, transmit, perform, or store messages, text, sound, images, videos, code or other data or materials on the Services (“Content”). You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other users. By posting any Content to the public areas of the mobile application and website, you hereby grant us the non-exclusive, fully paid, worldwide license to use, reproduce, publicly perform and display such Content on the mobile application and website, including without limitation distributing part or all of the mobile application and website in any media formats and through any media channels.

You represent and warrant that: (i) you own the Content posted by you on the mobile application and website or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay all royalties and fees owing to any person by reason of any Content you post on the mobile application and website.

8.Restricted and Inappropriate Content

Users shall not distribute any content that is offensive, insensitive, upsetting, intended to disgust, in exceptionally poor taste, or just plain creepy on Pyaarkar. Such as:

● Child Endangerment. We do not allow any content that sexualize minors under 18 years old, including but not limited to, content that promote pedophilia or inappropriate interaction targeted at a minor.

● CSAM. The creation and dissemination of child sexual abuse material (CSAM) is an abhorrent crime and Pyaarkar is committed to the fight against the distribution of CSAM. For the purposes of this policy, a child is any person under eighteen (18) years of age. We have a zero-tolerance policy toward child sexual abuse material on our platform, as well as toward those who produce, disseminate, as well as seek out and consume CSAM. Any content featuring or depicting a child is strictly forbidden on our platform and is deemed to constitute a grave violation of our Terms of Service. All child sexual abuse material that we identify or are made aware of results in the immediate removal of the content in question. We will report all cases of apparent child sexual abuse material that we are made aware of to the Police Station or any other law enforcement departments in compliance with laws and other agencies/authorities and law enforcement, and delete the Accounts of those involved with the distribution.

● Sexual Content and Profanity. Pyaarkar is committed to providing users with a safe and healthy internet environment. You shall not upload, post, transmit, perform, or store any content that is considered as sexual content or profanity, including pornography, or any content intended to be sexually gratifying. Here are some examples of common violations:
Depictions of sexual nudity, or sexually suggestive poses in which the subject is nude, blurred or minimally clothed, and/or where the clothing would not be acceptable in an appropriate public context.
Depictions, animations or illustrations of sex acts, or sexually suggestive poses or the sexual depiction of body parts.
Content that depicts or are functionally sexual aids, sex guides, illegal sexual themes and fetishes.
Content that is lewd or profane - including but not limited to content which may contain profanity, slurs, explicit text, adult/sexual keywords.
Content that depicts, describes, or encourages bestiality.

● Hate Speech. Hate speech is any form of expression through which speakers intend to vilify, humiliate, or incite hatred against a group or a class of persons on the basis of race, religion, skin color, sexual identity, gender identity, ethnicity, disability, national origin or any other characteristic that is associated with systemic discrimination or marginalization.

● Violence. Depictions of realistic violence or violent threats to any person, or encourage illegal or reckless use of weapons and dangerous objects, or facilitate the purchase of firearms or ammunition.

● Terrorist Content. Any messages, text, sound, images, code or other data or materials that incites or advocates committing terrorist offence, promotes the activities of a terrorist group or provides instructions and techniques for committing terrorist offence will be defined as Terrorist Content.

● Bullying and Harassment. Bullying and harassment are behaviors intended to humiliate or intimidate an individual, such as bullying victims of international or religious conflicts, content that seeks to exploit others, including extortion, blackmail, etc., posting content in order to humiliate someone publicly.

We reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who distribute Restricted and Inappropriate Content on/via Pyaarkar , including without limitation, removing the Content from the Service and terminating the membership of such violators. We also encourage you to help us improve our Services, to report such Restricted and Inappropriate Content whenever you are ware of through the reporting functions in the APP, or contact us at pyaarkarstudio@gmail.com

You must use the Service in a manner consistent with any and all applicable laws and regulations.

You may not include in your publicly accessible Member profile any telephone numbers, street addresses, last names, URLs, usernames from any social platforms or email addresses.

9.Rights Pyaarkar Grants You

Pyaarkar grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service's benefits as intended by Pyaarkar and permitted by this Agreement. We reserve the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way we regard as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service. You shall not:

• imitating anyone or any institution, includes Pyaarkar's Admin, Host, Service Provider, or pretending you have relationship with other institution or individual

• forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.

• publish any advertisement, includes advertising letter, promotion materials, "spam", "spamming letters", "direct sales" or any other form of advertisement, through the Service

• publish any computer virus or any information about computer virus, which aims to disturb, destroy or limit any computer software, hardware or communication device, includes but not limit to "Trojan Horses", "worms", "time bombs", "cancelbots", or other code, file, or program, through the Service

• destroy normal chat process, flashing screen, making other users cannot typing normally, or causing adverse effect on usage of the Service to other users

• use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.

• violate any suitable law or regulation of that region / country / jurisdiction with or without intention.

• harass anyone through the Service by "track" or other means.

• collect and record any other users' information; It is not subject to the limits if the activity is not violating any law or regulation about personal information.

• use, access, or publish the Pyaarkar application programming interface without our written consent.

• use or develop any third-party applications that interact with the Service or other users' Content or information without our written consent.

• probe, scan or test the vulnerability of our Service or any system or network.

• involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming" or pyramid scams.

• promote or encourage any activity that violates this Agreement.

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

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.

10.Rights you Grant Pyaarkar

By using the Service, you grant to Pyaarkar a worldwide, non-exclusive, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Facebook, as well as any Content you post on the Service or transmit to other users. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service, researching and developing new ones, and promoting Pyaarkar. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Pyaarkar users), and could be modified and used as marketing materials for free in a proper manner.

You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Pyaarkar above.

You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service. When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.

In consideration for Pyaarkar allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to Pyaarkar regarding our Service, you agree that Pyaarkar may use and share such feedback for any purpose without compensating you.

You agree that Pyaarkar may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (1) comply with legal process; (2) enforce this Agreement; (3) respond to claims that any Content violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property or personal safety of the Company or any other person.

11.Common Rules

By using the Service, you agree that you will not:

• use the Service for any purpose that is illegal or prohibited by this Agreement.

• impersonate any person or entity or post any images of another person without his or her permission.

• user the Service for publishing any illegal, harmful, coercive, abusive, harassing, infringing, libelous, vulgar, defamatory, defamatory, infringing on the privacy of others, or racially discriminatory or "content" which may morally making others unpleasant.

• prejudice against any minor.

• post any Content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.

• publish any content about "Advocate hatred", "threats", "pornography" or "incitement to violence and blood"

• bully, "stalk," intimidate, assault, harass, mistreat or defame any person.

• solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person's personal information without his or her permission.

• use another user's account.

• Pyaarkar reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that Pyaarkar regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.

12.Other Users' Content

Pyaarkar's operation is based on instant messaging and publishing content, Pyaarkar is not responsible for the authenticity, completeness and position of all messages or messages. All messages or content only represent the individual opinions of the publisher or user, not our position. In other words, you, not Pyaarkar, is responsible for any content.

You understand and agree that you, not Pyaarkar, is responsible for any information, materials, text, software, music, audio, photos, graphics, video, information or other materials ("Content") and any consequential loss caused from the Content you publish or send to others through Pyaarkar.

You agree that you must assess and bear all the risk before you use any "Content". Therefore, you agree that you cannot rely on information shown on Pyaarkar.

Although Pyaarkar reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Pyaarkar cannot guarantee that all Content will comply with this Agreement.

13.Purchases

In-App purchase

Pyaarkar may offer products and services for purchase ("In-App Purchase") through iTunes, Google Play ("Application Store"). If you choose to make an In-App Purchase, you will be prompted to confirm your purchase with the applicable payment provider (such as Application Store) and your method of payment (your credit/debit card or a third party account such as iTunes or Google Play Account)("Payment Method") will be charged at the prices displayed to you for the service(s) or product(s) you've selected as well as any taxes (if applicable) that may be imposed on your payments, and you authorize Pyaarkar or the third party account to charge you.

Auto-Renewal

If you purchase an auto-recurring periodic subscription, your Payment Method 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 Application Store account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Pyaarkar application from your device. Deleting your account on Pyaarkar or deleting the Pyaarkar application from your device does not cancel your subscription. Pyaarkar will retain all funds charged to your Payment Method until you cancel your subscription on the Application Store account. If you cancel your subscription, you may use your subscribed product(s) or service(s) until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.

Refund

Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.
To request a refund:
If you subscribed using your Apple ID, refunds are handled by Apple, not Pyaarkar. To request a refund, go to iTunes, click on your Apple ID, select "Purchase history," find the transaction and hit "Report Problem". You can also submit a request at https://getsupport.apple.com.
If you subscribed using your Google Play Store account, please contact our Customer Support Team with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet).

14.Disclaimers

You understand and agree:

• You are responsible for any risk of using the Service. Pyaarkar provides the Service on an "As Is" and "As Available" basis and to the extent permitted by applicable law, grants no warranties of any kind, whether express, implied statutory or otherwise with respect to the service (including all content contained therein), including, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement.

• Pyaarkar does not represent or warrant that (A) The service will be uninterrupted, secure or error free, (B) Any defects or errors in the Service will be corrected, or (C) That any content or information you obtain on or through the Service will be accurate.

• Pyaarkar takes no responsibility for any data lost derived from any system errors or operation of Pyaarkar.

• Pyaarkar is not responsible for any content that you or another user or third party posts, sends or receives through the Service. Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk.

• Pyaarkar disclaims and takes no responsibility for any conduct of you or any other user, on or off the Service.

15.Third Party Services

The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources, such web sites or resources may apply different Terms and Privacy Policy with Pyaarkar. Pyaarkar is not responsible for the availability (or lack of availability) of such resources or web sites. If you choose to click those links or interact with the third parties made available through our Service, such party's terms will govern their relationship with you. Pyaarkar takes no responsibility for such third parties' terms or any actions.

16.General measures for storage

Pyaarkar takes no responsibility for deleting or not storing any content of the Service. You agree that Pyaarkar has the rights on deleting or terminating account(s) of Pyaarkar that are active for a long time.

17.Copyright Policy

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of our Services to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to Pyaarkar by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on our Services in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Services' Designated Copyright Agent for notice of claims of copyright infringement can be reached as follows: pyaarkarstudio@gmail.com

18.Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Pyaarkar, its Affiliates, employees, licensors or service providers be liable for any indirect, consequential, exemplary, incidental, special, punitive, or enhanced damages, including, without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data use, goodwill, or other intangible losses, resulting from: (i) Your access to use of or inability to access or use the Service, (ii) the cost of any goods, materials, information or services purchased or obtained, or the exchange of goods or services derived from such transaction through the Service, (iii) Unauthorized access, use or alteration of your content, (iv) Statement or conduct by any third party or users in the Service, or (v) with respect to all events, the Service, and this agreement, even if Pyaarkar has been advised at any time of the possibility of such damages.

19.Indemnity by You

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Pyaarkar, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including but not limited to attorney fees, administrative fees, courts fee due to, arising out of, or relating in any way to your access of the Service, your content published or sent through the Service, your infringement of any others' rights, or your breach of this Agreement.

20.Entire Agreement

This Agreement, along with Privacy Policy, 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 Pyaarkar regarding your relationship with Pyaarkar and the use of Service. If any provision of this Agreement is held invalid by the competent court, you still agree that the court should strive to make your intention of this Agreement effective, and the remainder of this Agreement shall continue in full force and effect. The failure of Pyaarkar to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that no matter whether there are other provisions in any statute or law, the use of the Service or any claim or cause of action arising out of or relating to this Agreement shall be filed within one year after the commencement of the claim or the cause of the action, otherwise it shall never be filed.

The titles of this Agreement are for convenience only and do not have any legal or contractual effect.