Last updated : 23-June-2022
Welcome to the website at https://marsinium.com and all mobile applications (“Service”) provided by Marsinium Softwares (“Marsinium Softwares”, “Marsinium, “We”, “Us”, or “Our”). The Terms of Use, including any policies, rules, and other terms that are expressly incorporated herein by reference (collectively, these “Terms”), sets forth a legally binding agreement between you and us.
By accessing or using our services, you agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in our Privacy Policy(“Privacy Policy”), whether or not you are a registered user of our services. This Agreement applies to all visitors, users, members, contributors, and others who access the service.
PLEASE READ THESE TERMS OF USE CAREFULLY. IF YOU DO NOT AGREE WITH (OR CANNOT COMPLY WITH) THE AGREEMENT, THEN YOU SHOULD NOT USE THE SERVICE.
Should you have any questions related to this Terms of Use, please don’t hesitate to contact us as indicated in the contact section of this Terms of Use.
Marsinium Softwares operates online websites and applications as our services. You can find descriptions of service options on our website. You can also find the description of each application on its App Store page. Certain options are provided to you free of charge. The Service that does not require payment is currently referred to as the “Free Service.” Other options require payment before you can access them (the “Paid Service”). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services in conjunction with or through our Service. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms.
The Marsinium Softwares Services contain information or material, including, without limitation, data, text, images, stickers, usernames, graphics, photos, profiles, music, audio and video clips, and links (“Content”) owned by us and its licensors (collectively, the “Marsinium Softwares Content”). Our Content is protected by copyright, trademark, trade dress, patent, trade secret, and other intellectual property rights, and Marsinium Softwares and its licensors own and retain all rights in the Content. We own and retain all interest and rights in and to our Services, We do not transfer title to any of Our Content or any portion of the Services to you. Our Content may not be used in connection with any product or service without the prior written consent of Marsinium Softwares.
You may use the Service only if you can form a binding contract with us, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
In this Agreement, a child is considered a person under the age of 13 years old (or the minimum legal age in the child’s country to be able to consent themselves to the processing of their personal data if this age is higher than 13 years old). Children are not permitted to use or access the Service unless their use of the Service is directly authorized by their parent or guardian or another authorized adult (e.g., a teacher) who agrees to be bound by this Agreement. Any use or access to the Service by a child who is not directly supervised by an adult is strictly prohibited and in violation of this Agreement.
The Service may not be available to any Users previously removed from the Service. By using the Service, you represent and warrant that you have the full right, power, and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.
Subject to the terms and conditions of these Terms, We grant you limited, non-exclusive, non-transferable, non-sublicensable, revocable permission to make use of the Marsinium Softwares Service, and limited, non-exclusive, non-transferable, non-sublicensable, revocable permission to make personal, non-commercial use of the Content. You promise and agree that you are using the Marsinium Softwares Service and Content for your own personal, non-commercial use and that you will not redistribute or transfer the Marsinium Softwares Service or the Content.
Our Service and Content are not sold or transferred to you, and we and our licensors retain ownership of all copies of the Service and Content even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers, and/or other devices (“Devices”).
By accessing or using the Marsinium Softwares Service, You agree that you will not use our Service to create, upload, download, copy, publish or propagate any Marsinium Softwares Content that: (i) violates any rule, law, regulation, or policy; (ii) harms national interests, endangers national security or divulges national secrets; (iii) incites ethnic or racial discrimination or hatred; (iv) undermines the social stability; (v) contains obscenity, sexual connotation, pornography, gambling, violence, murder, or terror; (vi) insults or defames others or infringes others’ lawful rights and interests; or (vii) contains abusive or threatening information.
You hereby grant us a worldwide, non-exclusive, irrevocable, royalty-free, fully-paid, perpetual, sublicensable (through multiple tiers), fully transferable license to use, distribute, reproduce, create derivative works from, publish, translate, publicly perform and publicly display any Content that you upload, share or publish to our Services (collectively, “Your Content”), in any format or medium now known or later developed for any purpose. We can use Your Content in the applications and in our other products or services and can transfer the license or authorization of using such information and content to its related companies and cooperation partners with no need to obtain your consent again. We reserve the right to display advertisements and sponsorships in connection with Your Content.
Marsinium Softwares has the right to remove, at its sole discretion and without notice to you, Your Content if it infringes others’ rights and interests. We have the right to suspend or terminate access to our Service to any user who uses our Service in violation of copyright law or other intellectual property law. All liabilities for damage for any claim for rights raised by the said third party shall be assumed by you, not by us, and you shall compensate for all losses and damages we incur arising therefrom, including but not limited to economic losses and business losses.
You represent, warrant, and covenant that at all times: (i) the Your Content does not infringe any third party’s intellectual property, right of reputation, right of the name, right of privacy, moral rights, and other lawful rights and interests; (ii) you own or have the necessary licenses, rights, consents, and permissions for your use of the Your Content in connection with the Marsinium Softwares Services and our use of Your Content.
You may use Marsinium Softwares Service only for lawful purposes and in accordance with the Terms. You agree that you shall not: (i) use our Service for any purpose that is unlawful or prohibited by these Terms; (ii) violate, infringe, or misappropriate other people’s intellectual property, privacy, or other legal rights; (iii) Share any illegal, abusive, harassing, or other offensive content; (iv) transmit any viruses or other computer instructions or technological means that disrupt, damage, or interfere with the use of computers or related systems; (v) attempt to circumvent any technological measure implemented by us; (vi) in terfere with or destroy the integrity or performance of the service; (vii) take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure; (viii) sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way; (ix) use any robot, spider, scraper, or other automated means to access our website or Services for any purpose without our prior written permission; (x) introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful. (xi) build a product using similar ideas, features, functions, or graphics of the Service or copy any ideas, features, functions or graphics of the Services; (xii) claim that you are the representative or agent of any of the Services, including any of its functionality; (xiii) otherwise attempt to interfere with the proper working of Service.
We respect the intellectual property rights of owners and respond to notices of copyright infringement in compliance with the U.S. Digital Millennium Copyright Act (“DMCA”), and have a policy of removing Infringing content and terminating repeat infringers in appropriate circumstances. If you have a valid claim, please report infringement of your intellectual property by sending your claim to marsinium@gmail.com. Any intellectual property claim, including copyright, submitted to us in writing must contain the following information(see 17 U.S.C 512(c)(3) for further detail): (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive intellectual property interest; (ii) a description of the intellectual property, including any registration numbers, that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our Services that is reasonably sufficient to enable us to identify and locate the material; (iv) contact information (name, address, email, phone) for how you would like us to contact you; (v) a 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 that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.
Certain options of Marsinium Softwares Service require payment through the App Store, Google Play Store, or carrier billing (the “Payment Method”) before you can access them (the “Paid Service”). If you choose to use the Paid Service, you agree to the pricing and payment methods listed in the Service that we may update from time to time. Marsinium Softwares may at any time at its sole discretion add new Services to charge additional fees or modify the fees and charges of existing Services.
We offer free trials for certain paid subscription types to allow you to try our service. We reserve the right to set eligibility requirements for free trials. At the end of your free trial period, we will charge the relevant subscription fee for the next billing cycle to your nominated payment method, unless you cancel your subscription prior.
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. You can cancel the subscription at any time following the instructions of the Payment Method.
You may cancel your use of Service at any time; however, there are no refunds for cancellation. In the event that Marsinium Softwares suspends or terminates your use of Service or this Agreement, you understand and agree that you shall receive no refund or exchange for any credits, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with you, or for anything else.
You agree to receive communications from us electronically, e.g., by email, application messages, etc., and consent that such notifications satisfy any legal requirement for communication in writing. You agree that we may communicate to you for the purpose of advising you of changes or additions to the Services, about any of our products or services, or for such other purposes that are reasonable or required by applicable law.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Marsinium Softwares under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Marsinium Softwares does not waive any rights to use similar or related ideas previously known to Marsinium Softwares, or developed by its employees, or obtained from sources other than you.
Our Services may include advertisements and promotions provided by third parties and links to other websites or resources. We are not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with third parties through our Services, the Terms of such third parties will govern their relationship with you. We are not responsible for the terms or actions of such third parties.
Our Services may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy and Terms of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
If you have downloaded our application from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple.
These Terms are concluded between you and Marsinium Softwares, not with Apple, and Apple is not responsible for the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance or support services for the Service To the extent that the Services fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service to you; to the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the application infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
YOU UNDERSTAND AND AGREE THAT THE MARSINIUM SOFTWARES SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. MARSINIUM SOFTWARES AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER MARSINIUM SOFTWARES NOR ANY OWNER OF CONTENT WARRANTS THAT THE MARSINIUM TECH SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, MARSINIUM SOFTWARES MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED, OR OFFERED BY A THIRD PARTY ON OR THROUGH THE MARSINIUM TECH SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND MARSINIUM SOFTWARES IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF THE FOREGOING.
NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM MARSINIUM SOFTWARES SHALL CREATE ANY WARRANTY ON BEHALF OF MARSINIUM SOFTWARES. WHILE USING THE MARSINIUM SOFTWARES SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT THE USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT.
WITHOUT LIMITING THE FOREGOING, NOTHING IN THIS SECTION SHALL HAVE THE EFFECT OF LIMITING MARSINIUM SOFTWARE’S LIABILITY IN THE EVENT OF TOTAL OR PARTIAL NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF ITS ESSENTIAL OBLIGATIONS FOR PROVIDING THE SERVICE UNDER THE AGREEMENTS. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MARSINIUM SOFTWARES, 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 OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER MEMBERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF MARSINIUM SOFTWARES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MARSINIUM SOFTWARE’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Marsinium Software’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Marsinium Softwares may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and we may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.
You agree to defend (at Marsinium Softwares’s request), indemnify and hold Marsinium Softwares and its affiliates, directors, officers, employees, contractors, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities in connection with the Marsinium Softwares Services or those conducted on your behalf): (i) your Content or your access to or use of the our Services; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Marsinium Softwares in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without the prior written consent of Marsinium Softwares.
We are always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features. We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including paid users and registered users.
You may terminate the Service by not using it, for any reason. However, if you use a third-party payment account such as Apple’s App Store or iTunes Store, as applicable (“App Store”) or the Google Play Store, you will need to manage in-app purchases through such account to avoid additional billing. We may terminate your use at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases.Changes to This Terms of Use Occasionally we may make changes to the Terms from time to time. The most recent version is the version that applies to your use of the services. Although we may include a notice in our service that the Terms have been modified, such notice may not remain in place for any extended period of time. Accordingly, you should review the Terms posted in our service from time to time. Unless it is stated by us otherwise, each update of the Terms comes into force as of the moment when modified Terms are published on this web page. You understand and agree that any continued use and access to the services after any updates to these Terms are published, means that you voluntarily agree to be bound by the updated Terms.
If you have any questions about this Terms of Use, please do not hesitate to contact us at: marisinium@gmail.com