aMurmur Terms and Conditions

Date of Last Revision: Sep 14, 2021

The purpose of this website, amurmur.app and the aMurmur mobile applications (collectively “Site”) is to provide web publishing services and services of internet communications, voice chat rooms and etc. Please read these terms of service (“Agreement”) carefully before using the Site or any services provided on the Site (collectively “Services”). This Agreement is a legal contract between you and aMurmur. You acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you do not agree to this agreement, you should not use the Site.

  1. Access to the Services

    1. Without advance notice and at any time, aMurmur may, for violations of this Agreement or for any other reason aMurmur chooses: (1) suspend your access to the Site, (2) suspend or terminate Your Account and/or (3) remove any of your user content from the Site.
    2. aMurmur reserves the right to monitor the Site, and your use of the Service, means you agree to such monitoring. At the same time, aMurmur does not guarantee to monitor the use of Services at all.

  2. The Site

    1. The Site is designed and supported for personal use only. You may not use the Site to break the law, violate an individual's privacy, or infringe any person or entity’s intellectual property or any other proprietary rights.
    2. The Site is intended to be a place for your entertainment. aMurmur is not responsible for any decisions you make based on something you read and/or view on the Site.
    3. The Site is not intended to be a marketplace for any goods or services. For this reason, any transactions you undertake are your responsibility alone, so be careful.
    4. You may not use the Site to conduct transactions for any illegal goods or services.
    5. You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. Most content you submit, post, or display through the Services is public by default and will be able to be viewed by other users and through third party services and websites. You should only provide content that you are comfortable sharing with others under these Terms.
    6. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will aMurmur be liable in any way for any content.

  3. Your Account

    1. To participate on the Site, you must create an account that includes a mobile number, username and password. The Site offers you two user profiles, including one primary profile and an additional secondary profile, being a one time moniker that allows you to use the Services, with the content and actions being visible on the Site under the moniker. It is clarified that aMurmur will always be aware of the connection between your moniker and username. You can also browse the Site without logging in.
    2. Alternative login methods using third party ID (such as Facebook, Twitter and Google) are also possible and by logging in through third party ID, you permit us to access information from your profile (such as name, email address etc.) for use by the Services in accordance with our Privacy Policy.
    3. You are solely responsible for the information associated with Your Account and anything that happens related to Your Account.
    4. You will not create more than one account for yourself.
    5. You will not create another account if we have already disabled your account, unless you have our written permission to do so.
    6. You will not log in or attempt to access the Services through unauthorized third-party applications or clients.
    7. You will not share your password.
    8. You will not impersonate another person.
    9. In the event you wish to separately verify Your Account as a verified personality/celebrity account, so as to market and or receive additional services over and above the Services as mentioned in this Agreement, please feel free to contact aMurmur by emailing to support@amurmur.app.
    10. You may not license, transfer, sell, rent, lease or assign Your Account without our written approval.

  4. Content

    1. The Site content

      • The Site contains: (i) graphics, text, photographs, images, video, audio, software, code, website compilation, website "look and feel," and advertisements supplied by us or our licensors, and (ii) status text and other communications submitted by you and other users, which we call "the Site content" collectively. The Site content is protected by intellectual property laws including copyright and other proprietary rights of the Republic of India and other foreign countries.
      • aMurmur grants you the right to access the Site content in the manner described in this Agreement. You may not otherwise make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display the Site content, except as permitted by the doctrine of fair use or as authorized in writing by aMurmur.

    2. Your content

      1. You shall be solely responsible for your own content and the consequences of posting or publishing them. Because aMurmur is only acting as a repository of data, user submitted content do not necessarily represent the views or opinions of aMurmur, and aMurmur makes no guarantees as to the validity, accuracy or legal status of any user content. In connection with your user content, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize aMurmur to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all your user content to enable inclusion and use of such user content in the manner contemplated by the Service and these terms of the Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in your user content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your user content in the manner contemplated by the Service and these terms of the Agreement.

      2. Except as described below, you retain all of your ownership rights in your user content, but you have to have the rights in the first place.

      3. In the event the user content you post on the Site has already been posted by another user and in order to avoid duplication, content is grouped together. The names of the other posters will be also be displayed along with your username or moniker in connection with the content.

      4. By submitting user content to the Site, you grant aMurmur a royalty-free, perpetual, irrevocable, sub-licensable, transferable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your user content in any medium and for any purpose, including commercial purposes, and to authorize others on aMurmur 's behalf to do so.

      5. To the extent it’s necessary, you also grant aMurmur the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice in any and all media and distribution channels (now known or later developed) in connection with any content you create, upload, post, send, or appear in. This means, among other things, that you will not be entitled to any compensation from aMurmur if your name, likeness, or voice is conveyed through the Services.

      6. While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. You alone though remain responsible for the content you create, post, store, or send through the Services.

      7. You agree that you have the right to submit anything you post and you agree that you will not:

        1. Post or submit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual, personal or proprietary right of any party.
        2. Post or submit any content that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful or illegal in any manner whatever.
        3. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
        4. Post or submit web links to any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of our Site or the Services, or any system or computer from which our visitors and users access our Site or Services.
        5. Post or submit any content that harm minors in any way.
        6. Post or submit any content that threatens the unity, integrity, defence, security or sovereignty of any nation or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any nation.
        7. You will not encourage or promote any activity that violates this Agreement.

      8. Please take a look at the Site’s privacy policy for an explanation of how aMurmur may use or share information submitted by you or collected from you.

      9. Because of the social nature of content shared through our Services, when you post or submit something publicly on our Site or through our Services, others may choose to add descriptive commentary and/or to perform actions to your content and/or to Share your content, making your content part of a social conversation that cannot later be erased without retroactively censoring the speech of others and/or removing content from another user’s profile. As such, and in order to maintain the integrity of the Services, you agree that the rights that you have granted under the user content, the license will continue to survive in perpetuity even if you stop using the Services or your account is otherwise terminated.

    Upon termination of your Account or upon your deletion of any content from the Services, aMurmur shall make reasonable efforts to disassociate such content from your Account; however, you acknowledge and agree that: (a) caching of, copies of, or references to such content may not be immediately removed; (b) such removed content may persist in backups for a reasonable period of time; and (c) such removed content may continue to be publicly available (and stored on our or third party servers) through the accounts of other users, if the same has been posted or shared by other users or are a part of a social conversation.

  5. Contests

    1. aMurmur shall run contests and/or promotional offers for its registered users only (“Contests”). On entering contests or participating in promotional offers available on the Site, you will be subject to the rules and/or terms and conditions that are separately applicable to such Contests. It is critical that you read the applicable rules and/or or terms and conditions, which are linked to the Contests. To the extent of any conflict between those rules and/or terms and conditions and this Agreement, the rules and/or terms and conditions for the Contests offered will govern, but only to the extent of the conflict. Any Contests made available or advertised on third party sites accessible from the Site (such as those of social media partners like Facebook and Twitter), in addition to being subject to the specific rules and/or terms and conditions applicable to your participation in such feature(s) on the Site, will also be subject to the rules and/or terms and conditions applicable to your participation in such feature(s) on those third party.

  6. Endorsement

    1. aMurmur takes no responsibility for any user content, aMurmur does not expressly or implicitly endorse, and aMurmur does not assume any liability for any user content submitted by you or any other user to the Site.

  7. Third Party Links

    1. The Site is a place with many third-party hyperlinks posted or submitted by users like you. aMurmur is not responsible for the content or actions of any third party websites or services associated with posted or submitted links. You agree to take sole legal responsibility for any links you post or submit, and neither this Agreement nor the Site's privacy policy applies to any content on other websites related to those links. You should consult the terms and privacy policies of those other websites to understand your rights.

  8. Content made available through YouTube API Services

    1. Content accessed and made available on the Platform through the YouTube API Services has been using the API Services, and aMurmur is not in any manner involved in the creation, editing or selection of the Content. Except where specifically authorised, You are restricted from modifying, copying, reproducing, republishing, uploading, posting, transmitting or distributing in any way any Content from YouTube displayed on this site including code and software.
    2. You agree that, if you view or click on YouTube Content available on the Platform, You agree to the terms of the following:
    3. You agree that the external links provided along with the YouTube generated Content do not constitute an endorsement or approval by aMurmur of any such Content or the original publisher, including but not limited to a corporation or organization or individual. aMurmur bears no responsibility or liability for the Content or legality of the YouTube channel or page or for that of subsequent links. Please contact YouTube directly for any queries or complaints regarding its Content.

  9. Spam

    1. You may not post or submit any graphics, text, photographs, images, video, audio or other material that aMurmur deem to be junk or spam. Cluttering the Site with this sort of content reduces the quality of the Site experience for others.

  10. Disruption of Services

    1. You agree not to interrupt the Site, introduce malicious code onto the Site, make it difficult for anyone else to use the Site due to your actions, or assist anyone in misusing the Site in any way.
    2. aMurmur supports the responsible reporting of security vulnerabilities. To report a Site security issue, please send an email to support@amurmur.app.

  11. Children and the Site

    1. The Site is not directed at people under the age of 16, and the Site does not knowingly collect any personal information from such people.

  12. Copyright

    1. aMurmur is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. Our policy is to comply with all Intellectual Property Laws and to act expeditiously upon receiving any notice of claimed infringement. aMurmur retains the right to remove user content on the Site that aMurmur deems to be infringing the copyright of others.
    2. Misrepresentations of infringement can result in liability for monetary damages. You may want to consult an attorney before taking any action pursuant to Intellectual Property Laws.
    3. It is the Site's policy to close the accounts of users identified as repeat infringers. aMurmur applies this policy at its discretion and in appropriate circumstances, such as when a user has repeatedly been charged with infringing the copyrights or other intellectual property rights of others.

  13. Indemnity

    1. All the things you do and all the information you submit or post to the Site remain your responsibility. Specifically, you agree to hold aMurmur, its affiliates, officers, directors, employees, agents, and third party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of the Site, your violation of this Agreement, and/or your violation of the rights of any third party or person.

  14. Disclaimer of Warranties

    1. The Site is provided "as is" and without warranty of any kind. To the maximum extent permitted by law, aMurmur and our affiliates and third party service providers disclaim any and all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral or electronic. You are solely responsible for any damage to your computer or mobile device, loss of use, or loss of your user content. aMurmur does not guarantee that the Site will always work properly.

  15. Limitation of Liabilities

    1. aMurmur will not be liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with this Agreement or your use of or attempt to use the Site, including (but not limited to) damages for loss of profits, goodwill, use, or data.
    2. You agree to release aMurmur, its affiliates, and third-party service providers, and each associated director, employee, agents, and officers, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of the Site.

  16. Governing Law

    1. aMurmur wants you to enjoy the Site, so if you have an issue or dispute, you agree to raise it and try to resolve it with aMurmur informally. You can contact aMurmur with feedback and concerns here or by sending the email to support@amurmur.app.
    2. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of UK.

  17. Severability and Waiver

    1. If any provision of this Agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this Agreement.
    2. If aMurmur does not enforce any right or provision in this Agreement, that is not to be deemed a waiver of aMurmur 's right to do so in the future.

  18. Entire Agreement and Amendments

    1. This Agreement is the entire agreement between you and aMurmur concerning the Site. It supersedes all prior or contemporaneous agreements, proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between you and aMurmur. aMurmur may modify this Agreement at any time. If aMurmur make changes to this Agreement that materially affect your rights, we will provide advance notice and keep this edition available as an archive on the Site website. By continuing to use the Site after a change to this Agreement, you agree to those changes.

  19. Assignment

    1. These terms of the Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by aMurmur without restriction.

  20. Copyright Complaints

    1. aMurmur respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify aMurmur of your infringement claim in accordance with the procedure set forth below.
    2. aMurmur will process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws with respect to any alleged or actual infringement.
    3. To be effective, the notification must be in writing and contain the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the aMurmur Service, with enough detail that we may find it on the aMurmur Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your content, you may send a written counter-notice containing the following information to the Copyright Agent: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the competent court located within India and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, aMurmur will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

  21. Payment Service

    Some of the Services provided by aMurmur may require payment.

    Our payment partners are as follows,

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  22. Refund Policy

    Unless otherwise specified, services purchased from the Sites are not refundable after purchase.

  23. Account Terminations/Suspensions

    1. In order to maintain a safe environment for users on aMurmur, we may suspend accounts that violate the aMurmur Terms & Policies. Users whose accounts have been terminated are prohibited from accessing, possessing or creating any other aMurmur accounts.

      Reasons accounts are terminated:

      1. Violations:

        Repeated violations of the Terms of Service or Policies of aMurmur (such as abusive, hatred, harassment, impersonation, inappropriate, etc).

      2. Spam:

        Most of the accounts are suspended because they are spammy, or just plain fake, and they introduce security risks for aMurmur and its users.

      3. Account security at risk:

        If we suspect an account has been hacked or compromised, we may suspend it until it can be secured and restored to its real account owner in order to reduce potentially malicious activity caused by the compromise.

      4. Other reason:

        Any other reason that aMurmur deems to be a reasonable reason enough to suspend the account.

      Unsuspend Account:

      Unfortunately, sometimes a real person’s account gets suspended by mistake, and in those cases we’ll work with the person to make sure the account is unsuspended.

      If you feel that your account has been suspended in error you may appeal the suspension by email to support@amurmur.app.

      If your account was terminated due to claims of copyright infringement and you believe the copyright claims against your account are improper or invalid, you may email to support@amurmur.app.

      We’ll take a look and respond as soon as possible.

  24. Bumperr Limited

    1. G34 Stokenchurch Business Park Ibstone Road, Stokenchurch, High Wycombe, United Kingdom, HP14 3FE

  25. Supplemental Terms

    To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the Platform through specific devices:

    Notice regarding Apple.

    Google Play

    By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that: