Terms & Conditions

Accepting the Terms of Service

The purpose of this app, Oopsy (the “App”), owned and operated by Memester Technology Pvt. Ltd, is to provide web publishing services. Please read these terms of service (“Agreement”) carefully before using the App or any services provided on the App (collectively, “Services”). By using or accessing the Services, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Services. The Services are accessed by You (“Subscriber” or “You”) under the following terms and conditions:

1. Access to the Services

Subject to the terms and conditions of this Agreement, Memester Technology Pvt. Ltd. may offer to provide the Services, as described more fully on the App, and which are selected by Subscriber, solely for Subscriber’s own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Memester Technology Pvt. Ltd. performs for Subscriber, as well as the offering of any Content (as defined below) on the App. Memester Technology Pvt. Ltd. may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. Memester Technology Pvt. Ltd. may also impose limits on certain features and services or restrict Subscriber’s access to parts or all of the Services without notice or liability. Memester Technology Pvt. Ltd. reserves the right, at its discretion, to modify these Terms of Service at any time by posting revised Terms of Service on the App and by providing notice via e-mail, where possible, or on the App. Subscriber shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by Subscriber following such modification constitutes Subscriber's acceptance of the terms and conditions of this Agreement as modified.

Subscriber certifies to Memester Technology Pvt. Ltd. that if Subscriber is an individual (i.e., not a corporate entity), Subscriber is at least 13 years of age. Subscriber also certifies that it is legally permitted to use the Services and access the App, and takes full responsibility for the selection and use of the Services and access of the App. This Agreement is void where prohibited by law, and the right to access the App is revoked in such jurisdictions. Memester Technology Pvt. Ltd. makes no claim that the App may be lawfully viewed or that Content may be downloaded outside of India. Access to the Content may not be legal by certain persons or in certain countries. If You access the App from outside India, You do so at Your own risk and You are responsible for compliance with the laws of Your jurisdiction.

Memester Technology Pvt. Ltd. will use reasonable efforts to ensure that the App and Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the App and/or Services will be interrupted for maintenance, upgrades and repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Memester Technology Pvt. Ltd. to minimize such disruption where it is within Memester Technology Pvt. Ltd.’s reasonable control.

You agree that neither Memester Technology Pvt. Ltd. nor the App will be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the App, the service, your Subscriber Content or other Content.

Memester Technology Pvt. Ltd. retains the right to create limits on use and storage in its sole discretion at any time with or without notice.

Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the App or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. Subscriber shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.

2. App Content

The App and its contents are intended solely for the use of Memester Technology Pvt. Ltd. Subscribers and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the App, including, but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, animations and Themes (as defined below), including without limitation the Memester Technology Pvt. Ltd. Template Code (as defined below) (collectively, “Content”) (other than Content posted by Subscriber (“Subscriber Content”)) are the property of Memester Technology Pvt. Ltd. and/or third parties and are protected by India and international copyright laws. The Memester Technology Pvt. Ltd. API shall be used solely pursuant to the terms of the API Terms of Service. All trademarks, service marks, and trade names are proprietary to Memester Technology Pvt. Ltd. and/or third parties. Subscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.

The App is protected by copyright as a collective work and/or compilation, pursuant to India copyright laws, international conventions, and other copyright laws. Other than as expressly set forth in this Agreement, Subscriber may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

Subscriber may download or copy the Content, and other items displayed on the App for download, for personal use only, provided that Subscriber maintains all copyright and other notices contained in such Content. Downloading, copying, or storing any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Memester Technology Pvt. Ltd., or from the copyright holder identified in such Content's copyright notice. In the event You download software from the App, the software, including any files, images incorporated in or generated by the software, and the data accompanying the software (collectively, the “Software”) is licensed to You by Memester Technology Pvt. Ltd. or third party licensors for Your personal, non-commercial use, and no title to the Software shall be transferred to You. You may own the Subscriber Content on which the Software is recorded, but Memester Technology Pvt. Ltd. or third party licensors retain full and complete title to the Software and all intellectual property rights therein.

3. Subscriber Content

Subscriber shall own all Subscriber Content that Subscriber contributes to the App, but hereby grants and agrees to grant Memester Technology Pvt. Ltd. a non-exclusive, worldwide, royalty-free, transferable right and license (with the right to sublicense), to use, copy, cache, publish, display, distribute, modify, create derivative works and store such Subscriber Content and to allow others to do so (“Content License”) in order to provide the Services. Subscriber warrants, represents and agrees Subscriber has the right to grant Memester Technology Pvt. Ltd. and the App the rights set forth above. Subscriber represents, warrants and agrees that it will not contribute any Subscriber Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless Subscriber owns the trade secret or has the owner’s permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after Subscriber has been notified that such Subscriber Content violates any of sections (a) to (e) of this sentence. Memester Technology Pvt. Ltd. reserves the right to remove any Subscriber Content from the App, suspend or terminate Subscriber’s right to use the Services at any time, or pursue any other remedy or relief available to Memester Technology Pvt. Ltd. and/or the App under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Subscriber Content or if Memester Technology Pvt. Ltd. is concerned that Subscriber may have breached the immediately preceding sentence), or for no reason at all.

4. Restrictions

Subscriber is responsible for all of its activity in connection with the Services and accessing the App. Any fraudulent, abusive, or otherwise illegal activity or any use of the Services or Content in violation of this Agreement may be grounds for termination of Subscriber’s right to Services or to access the App. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Memester Technology Pvt. Ltd. user.

Use of the App or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will Subscriber use the App or the Service to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the App or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the App, (c) create a false identity or to impersonate another person, or (d) post any false, inaccurate or incomplete material or delete or revise any material that was not posted by You.

5. Warranty disclaimer

Memester Technology Pvt. Ltd. has no special relationship with or fiduciary duty to Subscriber. Subscriber acknowledges that Memester Technology Pvt. Ltd. has no control over, and no duty to take any action regarding: which users gains access to the App; which Content Subscriber accesses via the App; what effects the Content may have on Subscriber; how Subscriber may interpret or use the Content; or what actions Subscriber may take as a result of having been exposed to the Content. Much of the Content of the App is provided by and is the responsibility of the user or subscriber who posted the Content. Memester Technology Pvt. Ltd. does not monitor the Content of the App and takes no responsibility for such Content. Subscriber releases Memester Technology Pvt. Ltd. from all liability for Subscriber having acquired or not acquired Content through the App. The App may contain, or direct Subscriber to Apps containing, information that some people may find offensive or inappropriate. Memester Technology Pvt. Ltd. makes no representations concerning any content contained in or accessed through the App, and Memester Technology Pvt. Ltd. will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the App.

Although Memester Technology Pvt. Ltd. and the App will make reasonable efforts to store and preserve the material residing on the App, neither Memester Technology Pvt. Ltd. nor the App is responsible or liable in any way for the failure to store, preserve or access Subscriber Content or other materials you transmit or archive on the App. Time to time Memester Technology Pvt Ltd can also remove subscriber content on its sole discretion. You are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload on the App. You are solely responsible for creating back-ups of your Subscriber Content.

The Services, Content, App and any Software are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Memester Technology Pvt. Ltd. makes no representations or warranties of any kind with respect to the App, the Services, including any representation or warranty that the use of the App or Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components.

To the fullest extent allowed by law, Memester Technology Pvt. Ltd. disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on this App. By using this App, you acknowledge that Memester Technology Pvt. Ltd. is not responsible or liable for any harm resulting from (1) use of the App; (2) downloading information contained on the App including but not limited to downloads of content posted by subscribers; (3) unauthorized disclosure of images, information or data that results from the upload, download or storage of content posted by subscribers; (4) the temporary or permanent inability to access or retrieve any Subscriber Content from the App, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program.

Some places do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to Subscriber.

6. Third party webApps

Users of the App may gain access from the App to third party Apps on the Internet through hypertext or other computer links on the App. Third party Apps are not within the supervision or control of Memester Technology Pvt. Ltd. or the App. Unless explicitly otherwise provided, neither Memester Technology Pvt. Ltd. nor the App make any representation or warranty whatsoever about any third party App that is linked to the App, or endorse the products or services offered on such App. Memester Technology Pvt. Ltd. and the App disclaim: (a) all responsibility and liability for content on third party webApps and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against the App or Memester Technology Pvt. Ltd. with respect to such Apps and third party content.

7. Registration and security

As a condition to using Services, Subscriber will be required to register with Memester Technology Pvt. Ltd. Memester Technology Pvt. Ltd. URL. Subscriber shall provide Memester Technology Pvt. Ltd. with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Subscriber's account. Subscriber may not (a) select or use as a Memester Technology Pvt. Ltd. URL a name of another person with the intent to impersonate that person; or (b) use as a Memester Technology Pvt. Ltd. URL a name subject to any rights of a person other than Subscriber without appropriate authorization. Memester Technology Pvt. Ltd. reserves the right to refuse registration of, or cancel a Memester Technology Pvt. Ltd. URL in its discretion. Subscriber shall be responsible for maintaining the confidentiality of Subscriber's Memester Technology Pvt. Ltd. password. Subscriber is solely responsible for any use of or action taken under Subscriber’s password and accepts full responsibility for all activity conducted through Subscriber’s account and agrees to and hereby releases the App and Memester Technology Pvt. Ltd. from any and all liability concerning such activity. Subscriber agrees to notify Memester Technology Pvt. Ltd. immediately of any actual or suspected loss, theft, or unauthorized use of Subscriber’s account or password. The App will take reasonably security precautions when using the internet, telephone or other means to transport date or other communications, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.

8. Indemnity

Subscriber will indemnify and hold Memester Technology Pvt. Ltd., its directors, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of Subscriber’s access to the App, use of the Services, the violation of this Agreement by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber's account, of any intellectual property or other right of any person or entity.

9. Limitation of liability

In no event shall Memester Technology Pvt. Ltd., its directors, officers, shareholders, employees or members be liable with respect to the App or the Services for (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images, Subscriber Content or other intangibles; (c) damages for unauthorized use, non-performance of the App, errors or omissions; or (d) damages related to downloading or posting Content.

10. Fees and payment

Currently all services of Memester Technology Pvt. Ltd. Are free for all subscribers.

Memester Technology Pvt. Ltd. may make some features paid at any time but will provide you reasonable notice of any such changes by posting the new prices on the App and by sending you email notification. If you do not wish to pay, you may cancel the services prior to the change going into effect.

11. Termination

Either party may terminate the Services at any time by notifying the other party by any means. Memester Technology Pvt. Ltd. may also terminate or suspend any and all Services and access to the App immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of this Agreement. Upon termination of Subscriber's account, Subscriber’s right to use the Services, access the App, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Your access to and use of the App and the Services shall not relieve Subscriber of any obligations arising or accruing prior to such termination or limit any liability which Subscriber otherwise may have to Memester Technology Pvt. Ltd. or the App, including without limitation any indemnification obligations contained herein.

12. Privacy

Please review our Privacy Policy, which governs the use of personal information on the App and to which Subscriber agrees to be bound as a user of the App.

13. Miscellaneous

This Agreement (including the Privacy Policy), as modified from time to time, constitutes the entire agreement between You, the App and Memester Technology Pvt. Ltd. with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Memester Technology Pvt. Ltd. shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Memester Technology Pvt. Ltd.’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Subscriber except with Memester Technology Pvt. Ltd.’s prior written consent. Memester Technology Pvt. Ltd. may assign this Agreement in whole or in part at any time without Subscriber’s consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Delhi without regard to the conflict of laws provisions thereof. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Subscriber does not have any authority of any kind to bind Memester Technology Pvt. Ltd. in any respect whatsoever.

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Delhi. Should any part of this Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the App is in conflict or inconsistent with this Terms of Use, this Terms of Use shall take precedence. Our failure to enforce any provision shall not be deemed a waiver of such provision nor of the right to enforce such provision.

14. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements

Oopsy respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Services.

Oopsy’s intellectual property policy is to (a) remove material that Oopsy believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Services, and (b) remove any Subscriber Content posted to the Services by “repeat infringers.” Oopsy considers a “repeat infringer” to be any user that has uploaded Subscriber Content to the Services and for whom Oopsy has received more than two takedown notices with respect to such Subscriber Content. Oopsy has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon Oopsy’s own determination.

Procedure for Reporting Claimed Infringement

If you believe that any content made available on or through the Services has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your communication must include substantially the following:

You should consult with your own lawyer to confirm your obligations to provide a valid notice of claimed infringement.

Designated Agent Contact Information

Oopsy’s Designated Agent for notices of claimed infringement can be contacted at:

Via E-mail:teamoopsy@gmail.com