Terms of Use

UPDATED: 18th August 2020

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE OR APP. BY USING OUR WEBSITE OR APP YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS.

These terms and conditions (“Terms Of Use”) govern your use of this website www.RiaRabbit.com (“Website”) and Ria Rabbit – The Kids App (“App”). These Terms Of Use include, and incorporate by this reference, the policies and guidelines referenced below. Ontamo Entertainment Private Limited (“Ontamo”), the controller and operator of our Website and App, reserves the right to change or revise these Terms Of Use at any time by posting any changes or revisions on our Website. Ontamo will alert you that changes or revisions have been made by indicating on the top of these Terms Of Use the date they were last revised. The changed or revised Terms Of Use will be effective immediately after they are posted on our Website. Your use of our Website or App following the posting of changes or revisions in the Terms Of Use will constitute your acceptance of any such changes or revisions. Ontamo encourages you to review these Terms Of Use whenever you visit our Website or App to make sure that you understand the terms and conditions governing use of our Website and App. These Terms Of Use do not alter in any way the terms or conditions of any other written agreement you may have with Ontamo for other products or services. If you do not agree to these Terms Of Use (including any referenced policies or guidelines), please terminate your use of our Website and/or App immediately. If you would like to print these Terms Of Use, please click the print button on your browser toolbar.

By using our Website or App, you confirm that you are at least eighteen (18) years of age or the age of legal majority in your jurisdiction (if different than eighteen (18) years of age).  If you are under eighteen (18) years of age, you confirm that you have reviewed these Terms Of Use with your parent or legal guardian and that he or she agrees to these Terms Of Use on your behalf and takes full responsibility for your compliance with them.

By using our Website or App, you acknowledge that you have read and agree to be bound by the terms and conditions set forth in these Terms Of Use.

I. INTELLECTUAL PROPERTY RIGHTS

All text, graphics, images, illustrations, artwork, photographs, sounds, music, audio, video, games, logos, trademarks, user interfaces, visual interfaces, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content on our Website and App, remains the intellectual property of Ontamo or its licensors, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws in India and around the world. All such rights are reserved by Ontamo and its licensors. You may store, print and display the Content on our Website or App supplied solely for your own personal, non commercial use. You may not copy, reproduce, republish, upload, post, transmit, distribute, decompile, reverse engineer, create derivative works from or use in any manner or format, any of the Content on our Website or App or of copies of any such Content supplied to you nor may you use any of the Content on our Website or App in connection with any business or commercial enterprise without the express written permission of Ontamo or its licensors.

II. WEBSITE USE

Entertainment. The Content on our Website and App is offered for general information and entertainment purposes only. It must not be taken as advice, and you should always do your due diligence, including consulting an expert or professional, before forming any opinion, coming to any decision or taking any action based on the Content on our Website and/or App.

Accuracy. While Ontamo shall make every reasonable effort to update the Content on our Website and App, it does not make any representations, warranties or guarantees, whether express or implied, that the Content on our Website or App is accurate, complete or up to date.

Changes. Ontamo reserves the right to update, change or modify the Content on our Website or App at any time and at its sole discretion without providing any notice.

Suspension or Withdrawal. Ontamo does not guarantee that our Website or App or the Content on our Website or App will always be available or be uninterrupted. It reserves the right to suspend, withdraw or restrict the availability of all or any part of our Website or App at its sole discretion without providing any notice.

You are also responsible for ensuring that all persons who access our Website or App through your Internet connection are aware of these Terms Of Use and other applicable terms and conditions, and that they comply with them.

Posting. By posting, storing, or transmitting any information on our Website or App, you hereby grant Ontamo a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Ontamo does not have the ability to control the nature of the user-generated content offered through our Website or App. You are solely responsible for your interactions with other users of our Website or App and any content you post. Ontamo is not liable for any damage or harm resulting from any posts by or interactions between users. Ontamo reserves the right, but has no obligation, to monitor interactions between and among users of our Website or App and to remove any content Ontamo deems objectionable, at Ontamo’s sole discretion.

Unsolicited Submissions. Ontamo or any of its employees do not accept or consider unsolicited submissions of any kind. Ontamo shall discard or delete at its discretion any unsolicited submissions without reviewing them (or reviewing only to the extent necessary to determine their nature). Ontamo shall not treat any submissions received, unsolicited or otherwise, as confidential. If you do make a submission, unsolicited or otherwise, you agree that (1) Ontamo is not obligated to treat it as confidential; (2) no confidential or fiduciary relationship is intended or created between you and Ontamo; (3) Ontamo is not expected to review or consider the material in any manner or compensate you for it in any way; and (4) Ontamo shall not be liable for any use or disclosure of any such material.

Linking. You may link to our Website home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.

Prohibitions. You will not use our Website or App for any illegal purposes. You will NOT (1) commit or encourage a criminal offense; (2) transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; (3) attack our Website or App via a denial-of-service  attack or a distributed denial-of-service attack; (4) attempt to affect the performance or functionality of any computer facilities of or accessed through our Website or App; (5) corrupt data; (6) interfere with or disrupt the use and enjoyment of our Website or App by other users; (7) infringe upon any other person’s proprietary rights; (8) defame, harass, abuse, or disrupt other users of our Website or App; and (9) engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication. Breaching this provision would constitute a criminal offense and Ontamo will report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use our Website and/or App will cease immediately.

You acknowledge and agree that you will abide by all applicable local, state, national, and international laws and regulations in your use of our Website and/or App (including laws regarding intellectual property).

Loss or Damage. Ontamo will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or App or to your accessing, copying, printing or downloading any Content from our Website or App, or on any website linked to it.

Control. Our Website and App and the Content on our Website and App are offered to people residing in India. Ontamo makes no representations that the Content available on or through our Website or App is appropriate for use or available in other locations. If you are accessing or using our Website or App from other jurisdictions, you do so at your own risk and are solely responsible for complying with local laws. Our Website and App may contain or provide links to websites located outside India.

III. LINKS

Any links to third party websites from our Website or App are solely provided as a convenience to you. Ontamo does not operate or control third party websites or endorse the content on third party websites. Ontamo may not warn you that you have left our Website or App and are subject to the terms and conditions (including privacy policy) of third party websites when you click on any links in our Website or App. As such, Ontamo is not responsible for the content or practices of third party websites or for any damage that may result from your access to or reliance on third party websites even if these websites are operated by a company affiliated to or otherwise connected with Ontamo. If you link to any third party website from our Website or App, you do so at your own risk. 

IV. PRIVACY

Ontamo strongly believes in protecting user privacy and does not sell ANY information it collects to third parties directly.

Our Website uses Google Analytics and Google AdWords

Our Website uses the Google Analytics and Google AdWords remarketing service to advertise on third party websites (including Google) to previous visitors to our Website. It could mean that Ontamo advertises to previous visitors who haven’t completed a task on our Website, for example using the contact form to make an enquiry. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third party vendors, including Google, use cookies to serve ads based on someone’s past visits to our Website. Any data collected will be used in accordance with Ontamo’s privacy policy and Google’s privacy policy.

You can set preferences for how Google advertises to you using the Google Ad Preferences page (https://www.google.com/settings/ads/onweb/), and if you want to you can opt out of interest-based advertising entirely by cookie settings (https://www.google.com/settings/ads/onweb/) or permanently using a browser plugin (https://tools.google.com/dlpage/gaoptout/).

Ontamo provides detailed information about how it handles your privacy within its Privacy Policy and about how it handle cookies and similar technologies within its Cookies Policy.

V. DISCLAIMER OF WARRANTIES

YOUR USE OF OUR WEBSITE AND/OR APP OR THE CONTENT ON OUR WEBSITE AND/OR APP IS AT YOUR SOLE RISK. OUR WEBSITE AND APP AND THE CONTENT ON OUR WEBSITE AND APP ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ONTAMO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO OUR WEBSITE AND APP OR THE CONTENT ON OUR WEBSITE AND APP, OR ANY RELIANCE UPON OR USE OF OUR WEBSITE AND/OR APP OR THE CONTENT (“CONTENT” INCLUDES TRIAL CONTENT) ON OUR WEBSITE AND/OR APP.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ONTAMO MAKES NO WARRANTY:

THAT THE CONTENT PROVIDED ON OUR WEBSITE OR APP IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

THAT THE LINKS TO THIRD PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR WEBSITE OR APP WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT ON OUR WEBSITE OR APP OR THAT ANY ERRORS IN THE CONTENT ON OUR WEBSITE OR APP WILL BE CORRECTED.

REGARDING ANY CONTENT ACCESSED, COPIED, PRINTED OR DOWNLOADED THROUGH OUR WEBSITE OR APP.

VI. LIMITATION OF LIABILITY

ONTAMO’S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO OUR WEBSITE AND/OR APP AND THE CONTENT ON OUR WEBSITE AND/OR APP AND/OR FOR ANY BREACH OF THESE TERMS OF USE IS SOLELY LIMITED TO RS. 5000/-.

UNDER NO CIRCUMSTANCES SHALL ONTAMO BE RESPONSIBE OR LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS, DAMAGE, LIABILITY OR EXPENSE INCURRED OR SUFFERED THAT IS CLAIMED TO HAVE RESULTED FROM THE USE OF OUR WEBSITE AND/OR APP IN ANY MANNER, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF PERFORMANCE, ERROR, FAULT, COMPUTER VIRUS, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON OUR  WEBSITE OR APP. YOU ALSO AGREE THAT ONTAMO IS NOT RESPONSIBLE OR LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.

VII. INDEMNIFICATION

You will release, indemnify, defend and hold harmless Ontamo, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) these Terms Of Use or the breach of your warranties, representations and obligations under these Terms Of Use; (2) our Website and/or App or your use of our Website and/or App; (3) the Content on our Website and/and/or App or your use of the Content on our Website and/or App; (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of these Terms Of Use; or (6) any information or data you supplied to Ontamo. When Ontamo is threatened with suit or sued by a third party, Ontamo may seek written assurances from you concerning your promise to indemnify Ontamo; your failure to provide such assurances may be considered by Ontamo to be a material breach of these Terms Of Use. Ontamo will have the right to participate in any defense by you of a third party claim related to your use of any of our Website and/or App or the Content on our Website and/or App, with counsel of Ontamo choice at its expense. Ontamo will reasonably cooperate in any defense by you of a third party claim at your request and expense. You will have sole responsibility to defend Ontamo against any claim, but you must receive Ontamo prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of these Terms Of Use or your use of our Website and/or App or the Content on our Website and/or App.

VIII. GENERAL

Force Majeure. Ontamo will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Cessation of Operation. Ontamo may at any time, in its sole discretion and without advance notice to you, cease operation of our Website and/or App and distribution of the Content on our Website and/or App.

Entire Agreement. These Terms Of Use comprises the entire agreement between you and Ontamo and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver. The failure of Ontamo to exercise or enforce any right or provision of these Terms Of Use will not constitute a waiver of such right or provision. If any provision of these Terms Of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms Of Use remain in full force and effect.

Governing Law and Jurisdiction. Our Website and App originate in Mumbai, Maharashtra, INDIA. These Terms Of Use will be governed by the laws of India without regard to its conflict of law principles to the contrary. Neither you nor Ontamo will commence or prosecute any suit, proceeding or claim to enforce the provisions of these Terms Of Use, to recover damages for breach of or default of these Terms Of Use, or otherwise arising under or by reason of these Terms Of Use, other than in courts located in Mumbai, Maharashtra, INDIA. By using our Website and/or App or accessing, copying, printing or downloading the Content on our Website and/or App, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of these Terms Of Use. You hereby waive any right to trial by jury arising out of these Terms Of Use and any related documents.

Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website and/or App or these Terms Of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights. BY ENTERING INTO THESE TERMS OF USE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OF USE MUST BE ASSERTED INDIVIDUALLY.

Termination. Ontamo reserves the right to terminate your access to our Website and/or App if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of these Terms Of Use. Following termination, you will not be permitted to use our Website and/or App. If your access to our Website and/or App is terminated, Ontamo reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of our Website and/or App. These Terms Of Use will survive indefinitely unless and until Ontamo chooses, in its sole discretion and without advance to you, to terminate it.

BY USING OUR WEBSITE OR APP OR ACCESSING THE CONTENT ON OUR WEBSITE OR APP YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF USE.