This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. Any new features or tools which are added to the Application shall also be subject to the Terms.
The term ‘Zlen’ or “the Company” 'us' or 'we' refers to the ‘Triton Algorithms Pvt Ltd.’ the rightful owner of the Application whose registered office is 301- C Jumbo, Off Sahar Road, Andheri (East), Mumbai 400069
Zlen provides the users access to use a dynamic e-communication platform/online messenger application assigning unique codes/identification number, i.e. ZlenCode to users for communicating with ZlenMates (i.e. other Zlen users connected with/to you linked via your unique ZlenCode).
Please review these Terms carefully before using the Applications because they affect your rights. By using the Application, you accept these Terms and agree to be legally bound by them.
RIGHT TO CHANGE:We reserve the right to discontinue or change any service or feature on the Application at any time and without notice.
YOUR RESPONSIBILITIES/LIABILITIES:You may use the Application for lawful purposes only, i.e. your use of the Application as permitted is solely for your personal use. You may not submit or transmit through the Application any material, or otherwise engage in any conduct that:
- violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- impersonates any person, business or entity, including the Company and its employees and agents;
- contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- You may not use the Application in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of Application. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce the Terms;
- You are not permitted to resell or charge others for use of or access to the Application, or in any other manner inconsistent with these Terms;
- You will not duplicate, transfer, give access to, copy or distribute any part of the Application in any medium without Zlen prior written authorization; and
- You will not attempt to reverse engineer, alter or modify any part of the Application.
- You will otherwise comply with the terms and conditions of these Terms.
- You may not use the Application or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including but not limited to e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use the Application to violate the terms of this section. We may terminate your access or use of the Application immediately and take any other legal action if you, or anyone using your access to the Application violates these provisions and/or the Terms. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks. You agree not to spam, or solicit for commercial purposes, any users of the Application.
- 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 Application in a manner that sends more request messages to the Company servers in a given period of time than a human can reasonably produce in the same period by using a Zlen application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, Zlen grants the operators of public search engines permission to use spiders to copy materials from the applications and website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Zlen reserves the right to revoke these exceptions either generally or in specific cases. We have to disallow using request modification 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 Application, nor to use the communication systems provided by the Application for any commercial solicitation or spam purposes.
- We, our suppliers, and our users who lawfully post text, messages, information, software, images, audio and video, etc. ("Content") on the Application own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, we own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The, look and feel of our colour combinations, button shapes, user interface, design of the Application, interactive features and other graphical elements on the Application are the Company’s intellectual property.
- This Application contains material which is owned by or licensed to us. This material includes, but is not limited to, the trademarks, service marks, logos, interactive features, design, layout, look, appearance and graphics and its reproduction is prohibited.
LICENSE TO USE
- Unless otherwise stated, the Company and/or its licensors own the intellectual property rights in the Application and material on the Application. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the Application for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.
- In order to access and use the features of the Application, you acknowledge and agree that you will have to provide Zlen with your mobile phone number. You expressly acknowledge and agree that in order to provide the Application, Zlen 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 Application. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to Zlen to access your contact list and/or address book for mobile phone numbers, gallery to upload photographs/videos, microphone to make calls, camera to click pictures in real time and upload and location for geo-tagging in order to provide and use the Application. We collect names, mobile phone numbers, users device id and such other information as required. You are solely responsible for the status messages that you submit and that are displayed for your user profile on the Application. You must notify Zlen immediately of any breach of security or unauthorized use of your mobile phone. Although Zlen will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Zlen or others due to such unauthorized use.
- Access to, and use of your user account is strictly limited to you as the registered and authorized user. Accordingly, you should not share your ZlenCode (as defined herein below) with anyone. Prior to making a purchase, you must check a box certifying that you (1) are the registered and authorized user of your user account, (2) are at least 18 years old, and (3) are completing a purchase from a location within the geographical boundaries of India. Failure to comply with any of these requirements will result in forfeiture of all winnings.
You must not:
- republish material from this Application (including republication on another website);
- sell, rent or sub-license material from the Application;
- show any material from the Application in public;
- reproduce, duplicate, copy or otherwise exploit material on this Application for a commercial purpose; re-distribute material from this Application except for content specifically and expressly made available for redistribution;
- Where content is specifically made available for redistribution, it may only be redistributed within your organization; and/or
- Any such use of the Application and/or its material, otherwise which shall be opposed by us.
- On request of registration information from you to set up a user account, you must provide us with accurate and complete information and must update the information when it changes.
- You are responsible for maintaining the confidentiality of your user account, i.e. ZlenCode (a unique pin generated for your user account/private access to engage/communicate with other unique accounts) and must not permit use of your user account by anyone. You accept responsibility for all activities, charges, and damages that occur under your account, including unauthorized use of your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We are not responsible for any loss or damage resulting from unauthorized use.
- Sweepstakes, contests, and promotions on the Application may also have additional rules and eligibility requirements, such as certain age, amount of purchase, geographic area restrictions, etc. You are responsible for complying with these rules and requirements.
- The user or viewer must have an android/IOS supported mobile device with wi-fi, 3G/4G connectivity for using or viewing the Application.
- The user or viewer shall bear all data charges for the use or view of the Application as charged by their respective network carrier/s.
- We store and process your information including any sensitive personal, health and financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. If you object to your information being transferred or used in this way please do not use the Application.
User Status Information
- The Application allows Zlen users to submit status text, profile photos, photographs, images, short videos, snippets, clippings, graphic, gifs (graphic interchangeable format), reels and other such materials/communications submitted by you. These Status Information may be hosted, shared, and/or published as part of the Application, and may be visible to other users of the Application who have access to your user account through authorization of access via ZlenCode. For clarity, Status Information, direct messages, location data and photos or files that you send directly to your authorized ZlenMates will only be viewable by those Zlen user(s) or group(s) you directly send such information or authorize access using ZlenCode. As clarified in the following section, you retain your ownership rights in your Status Information. You understand that whether or not such Status Information are published, Zlen does not guarantee any confidentiality with respect to any submissions.
- You shall be solely responsible for your own Status Information and the consequences of posting or publishing them. Because Zlen is only acting as a repository of data, user submitted statuses do not necessarily represent the views or opinions of Zlen, and Zlen makes no guarantees as to the validity, accuracy or legal status of any status. In connection with Status Information, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Zlen to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Status Information to enable inclusion and use of the Status Information in the manner contemplated by the Application and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Status Information to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Status Information in the manner contemplated by the Application and these Terms. To be clear: you retain all of your ownership rights in your Status Information, but you have to have the rights in the first place. However, by submitting the Status Information to Zlen, you hereby grant Zlen a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Status Information in connection with the Application and Zlen’s (and its successor's) business, including without limitation for promoting and redistributing part or all of the Application (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each ZlenMate to your status on the Application a non-exclusive license to access your Status Information through the Application. The foregoing license granted by you terminates once you remove or delete a Status Information from the Application.
- In connection with Status Information, you further agree that you will not: (i) 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 Zlen all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Zlen or any third party; (iii) 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; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Application or the data contained therein; or (viii) attempt to gain unauthorized access to the Application or its related systems or networks.
- Adult content must be identified as such. Zlen does not endorse any Status Information or any opinion, recommendation, or advice expressed therein, and Zlen expressly disclaims any and all liability in connection with Status Information. Zlen does not permit copyright infringing activities and infringement of intellectual property rights via its Application, and Zlen will remove all content and Status Information if properly notified that such content or Status Information infringes on another's intellectual property rights. Zlen reserves the right to remove content and Status Information without prior notice. Zlen may also terminate a user's access to the Application, if they are determined to be a repeat infringer (a user who has been notified of infringing activity more than once and/or has had a Status Information removed from the Application more than twice), or for any or no reason, including being annoying (anyone who is (capriciously or not) determined to be annoying by authorized Zlen employees, agents, subagents, superagents or superheros). Zlen also reserves the right to decide whether content or a Status Information is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. Zlen may remove such Status Information and/or terminate a user's access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.
- You understand that when using the Application you will be exposed to Status Information from a variety of sources which have been authorized access by a user through ZlenCode, and that Zlen is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Status Information, and that such Status Information are not the responsibility of Zlen. You further understand and acknowledge that you may be exposed to Status Information 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 Zlen with respect thereto, and agree to indemnify and hold Zlen, 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 Application.
- Zlen permits you to link to materials on the Application for personal purposes only. Zlen reserves the right to discontinue any aspect of the Application at any time.
WEBSITE SECURITY RULES:
- Users are prohibited from violating or attempting to violate the security of the Application, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Application, overloading, "flooding", "spamming", "mail bombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
- This Application is designed for parties who can legally make binding contracts under applicable law. Therefore, minors using, accessing, or registering as a user on this Application shall be deemed to be using this Application with the valid consent of an adult guardian and such guardian shall be considered a party to the Application.
- You are also expected to follow all laws and regulations that may be associated with any of the activities involved with the use of the Application. You are also expected to pay for any statutory fees or applicable taxes that may be associated with the activities from this Application.
USER ACCESSIBLE CONTENT:Certain areas of the Application may allow you to post Content that can be accessed and viewed by your ZlenMates (those users who have access to communicate with you via ZlenCode). You may not post Content that violates the Terms. We do not claim ownership of any Content that you post. However, by submitting Content on the Application, you grant us, our affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this Content in any medium.
MONITOR:You agree that we are not liable for the Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENTWe respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Application in a way that constitutes copyright infringement, please contact us to report the possible copyright infringement. To raise issues/queries please communicate to email@example.com.
HYPERLINKS:Application may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on Application are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser. You may not create a link to this Application from another Application or document without the Company’s prior written consent.
DISCLAIMER OF WARRANTIES:
- We provide the Application “as is” and “as available.” We make no express warranties or guarantees about the Application. To the extent permitted by law, we and our suppliers and affiliates disclaim implied warranties that the Application and all software, Content, services and products distributed through the Application are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing.
Without prejudice to the generality of the foregoing paragraph, we does not warrant that:
- this Application will be constantly available, or available at all; or
- the information on this Application is complete, true, accurate or non-misleading
- Nothing on this Application constitutes, or is meant to constitute, advice of any kind.
- You further agree that your use of the services shall be at your sole risk. To the fullest extent permitted by law, Zlen, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the service and your use thereof. Zlen makes no warranties or representations about the accuracy or completeness of this service's content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our service, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our service through the actions of any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Zlen service. Zlen does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Zlen service or any hyperlinked website or featured in any User Status Information or other advertising, and Zlen will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
INDEMNIFICATION:Upon a request by us, you agree to defend, indemnify, and hold harmless us and our affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, demands and expenses, including attorney's fees, and penalties imposed, if any, that arise from your use or misuse of the Application, breach of the Terms including rules and policies incorporated herein under any applicable law.
FORCE MAJEURE::The Company shall be excused from performance thereunder during the time and to the extent that they are prevented from obtaining, delivering, or performing by act of God including without limitation fire, strike, loss, epidemic, pandemic, war, lock-out by the government, cyber-attacks, hacking, provided that it is satisfactorily established that the non-performance is not due to the fault or neglect of the party not performing.
INTERNATIONAL USE:We make no representation that the Content on the Application is appropriate or available for use in locations outside India, and accessing it from territories where the Content is illegal and/or prohibited. If you choose to access the Application from a location outside India, you do so, on your own initiative and you are responsible for compliance with local laws.
- Without prejudice to the Company’s other rights under the Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Application, prohibiting you from accessing the Application, blocking computers using your Internet Protocol address from accessing the Application, contacting your internet service provider to request that they block your access to the Application and/or bringing court proceedings against you.
- Further, it is clarified that unauthorised use of this Application may give rise to a claim for damages and/or be a criminal offence.
- This contract and any supplemental terms, policies, rules and guidelines
posted on Application constitute the entire agreement between you and us
and supersede all previous written or oral agreements. If any part of the
Terms is held invalid or unenforceable, that portion shall be construed
in a manner consistent with applicable law to reflect, as nearly as possible,
the original intentions of the parties, and the remaining portions shall
remain in full force and effect.
- Your right to use the Application automatically terminates if you violate
these Terms or any rules or guidelines posted in connection with the Application.
We also reserve the right, in our sole discretion, to terminate your access
to all or part of the Application, for any reason, with or without notice.
GOVERNING LAW AND JURISDICTION:
- These Terms and all claims arising from or related to your use of the Application will be governed by and construed in accordance with the laws of India and Courts in Mumbai shall have the exclusive jurisdiction.
- Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
- If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No changes to these Terms shall be made except by a revised posting on this page.If you do not agree to these Terms, you should immediately cease using the Application. If you want to delete your account on the Application, please use contact instructions posted on the Application at which you obtained the account.