Effective as from 24 August 2017
We’re pleased to make our Service available to you. The Smacar Service includes social and interactive features.
In order to use the Smacar Service, you need to (a) be 18 or older, or be 13 or older and have your parent or guardian’s consent to these Terms, (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws, and (c) be resident in the Local Country. You also warrant that any registration information that you submit to Smacar is true, accurate and complete, and you agree to keep it that way at all times.
2. Changes to the Agreements
Occasionally we may, in our discretion, make changes to the Smacar Service and Agreements. When we make changes to the Agreements that we consider material, we’ll notify you through the Service. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.
3. Licence and assignment
The Smacar Service and the content provided through it are the property of Smacar or Smacar’s licensors, and we grant you a limited, non-exclusive, revocable licence to make personal, non-commercial use of the Smacar Service and to receive the media content made available through the Smacar Service in your Local Country, based on the Subscription or Trial you have selected (the “Licence”). This Licence shall remain in effect for a period of 20 years unless terminated by you or Smacar.
The Smacar software applications are licensed, not sold, to you, and Smacar retains ownership of all copies of the Smacar software applications even after installation on your Devices. Smacar may assign these Agreements or any part of them without restrictions. You may not assign these Agreements or any part of them, nor transfer or sub-licence your rights under this Licence, to any third party.
All Smacar trademarks, service marks, trade names, logos, domain names, and any other features of the Smacar brand are the sole property of Smacar. This Licence does not grant you any rights to use the Smacar trademarks, service marks, trade names, logos, domain names, or any other features of the Smacar brand, whether for commercial or non-commercial use.
You agree to abide by our User Manual and not to use the Smacar Service (including but not limited to its content) in any manner not expressly permitted by the Terms.
Third party software libraries included in the Smacar Service are licensed to you either under these Terms, or under the relevant third party software library’s licence terms as published in the help or settings section of our desktop and mobile client and on our website.
4.Third Party Applications
5. User generated content
Smacar users may post, upload and/or contribute (“post”) content to the Service, including pictures, text and playlist compilations (“User Content”). You represent that you have the right to post any User Content which you post to the Service, and that such User Content, or its use by us as contemplated by this Agreement, does not violate these Agreements, applicable law, or the intellectual property rights of others. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content that you post on or in connection with Smacar. This license lasts until you terminate your Smacar account, except in the case of User Content that you have published, made public and/or share with others. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content that you post to the Smacar Service, except that, where applicable under Local Country law, you agree to waive your right to be identified as the author of any User Content on the Smacar Service and your right to object to derogatory treatment of such User Content.
Smacar does not monitor, review, or edit User Content, but reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Smacar’s sole discretion, violates these Agreements. Smacar may take these actions without prior notification to you. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
Smacar is not responsible for User Content nor does it endorse any opinion contained in User Content. If you believe that any User Content infringes your intellectual property rights or if you believe that any User Content does not comply with the User Guidelines or that your rights under applicable law have been otherwise infringed by any User Content,
please contact us at
14, Prakash Tower, Deivasigamani Street,
Royapettah, Chennai – 600014, Tamil Nadu, India.
Phone: +91 (44) 4040 3300 (Ext 213) Fax: +91 (44) 2811 2261
Mobile: +91-99623 26312
1101 N Kings Highway, Cherry Hill, NJ 08034
Phone: +1 856-528-3020 (Ext 100)
Effective as from 24 August 2017