Welcome to a website of Momasti.com. From here you can access other web sites owned and operated by MoMasti (collectively, the "Site"). Your use of, registration or purchase of a product at the site constitutes your consent to be bound by these terms of use (the "terms"). If you do not agree to be bound by these terms, do not use the site or purchase any products or services through the site. Unauthorized use terminates the permissions and licenses granted below.

1. Introduction. Under these Terms, MoMasti offers users the ability to: (a) use the Site; (b) download and/or purchase content; and (c) provide feedback to MoMasti. By using the Site, you agree to be bound by these Terms, including, without limitation, your agreement to limit or exclude certain damages and remedies. All purchases are final and there are no refunds for any amounts paid. Orders for content may not be cancelled. You may scroll down to review all of these Terms, or you may print these Terms as enabled by your browser.
2. Children's Online Privacy Protection Act Notice. MoMasti believes there is no information on its Web sites that is inappropriate for viewing by children. You must be 18 or older (or the age of majority in the jurisdiction in which you reside) to order products and services from MOMASTI.
3. Privacy. For information on MoMasti's data privacy practices please visit MoMasti Privacy Policy.
4. License. In accordance with these Terms, we grant you a non-exclusive, non-sublicenseable, non-transferable, terminable license to view and use the Site only for the purposes of downloading and/or purchasing information, text, data, software, sounds, photographs, audiovisual material, artwork, graphics, messages and other materials that are transmitted via the Site or your mobile phone (the "Materials"), in each case in accordance with these Terms. You do not have the right to separately copy or reproduce any Materials apart from your use of a web browser to access the Site or make a purchase. All Materials purchased through the Site must at all times bear any copyright, trademark, or other proprietary notice included in the Materials purchased. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site.
5. Use Restrictions. You may not: (a) use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained therein without our prior written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site; (c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; (d) copy, reproduce, alter, modify, create derivative works, or publicly display any Materials from the Site without prior written permission from MoMasti or the appropriate third party, or as permitted by applicable law; (e) alter or modify the copyright notices and any other proprietary legends that appear on the Site or Materials purchased from MoMasti; or (f) access the Site by any means other than through the interface provided by MoMasti.
6. Use Conditions. Your use of the Site is subject to the following conditions:
   a. You understand that all Materials and, where permitted, user generated materials or information ("User Content") that are transmitted via the Site or your mobile phone are the sole responsibility of the person or company from whom the Materials originated.
   b. You will not distribute or otherwise publish through the Site User Content which is indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, or otherwise objectionable, or that would constitute or encourage a criminal offense, violates the rights of any party or violates any law.
   c. User Content shall not contain viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
   d. You may use the Site only for its intended purposes. MoMasti reserves the right to delete, move, edit, refuse to post or take other appropriate action with respect to such Materials or User Content, or other messages, information or files which MoMasti, in its sole discretion, deems objectionable. You are hereby notified that use of the Site constitutes consent to such actions, monitoring and auditing. MoMasti does not endorse any third party communications or User Content available through the Site or that you request be transmitted to your mobile phone.
   
7. Submitting Materials and Feedback. By submitting any User Content, you automatically grant (or warrant that the owner of such rights has expressly granted) MoMasti a perpetual, fully-paid, royalty-free, irrevocable, world-wide, non-exclusive right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, sell, transmit, transfer, distribute, publicly display and publicly perform such User Content or incorporate such User Content into any form, media or technology now known or later developed throughout the world. MoMasti shall have the right to further sublicense these rights to third parties. You warrant that all so-called "moral rights" in the User Content have been waived.
8. Use Charges. Neither MoMasti nor any of its affiliates shall have any liability to you for use charges related to any device that you use to access the Site or use and receive MoMasti's Materials, including, without limitation, charges for mobile phones, Palm OS devices, Windows CE devices, smart phones and other devices, whether wireless, wireline, requiring cradle synchronization or otherwise.
9. Agreement to Conduct Transactions Electronically. You agree that all of your transactions with or through the Site may, at our option, be conducted electronically. You also agree that we may provide all agreements, disclosures and notices electronically, including any that we are otherwise required to provide in "writing."
10. Your Representations and Warranties. You represent and warrant for the benefit of MoMasti, its affiliates and any third parties mentioned on the Site that: (a) you possess the legal right and ability to enter into and make the representations contained in these Terms; (b) all User Content submitted by you to the Site is true and accurate; (c) you will not use the Site for any purpose that is unlawful or prohibited by these Terms or applicable law; and (d) you possess all legal rights in and to the User Content which you post, upload or distribute through the Site.
11. No Warranties. THE SITE, MATERIALS AND PRODUCTS OFFERED AT THE SITE, ARE PROVIDED TO YOU "AS IS," "WHERE IS" AND WITH "ALL FAULTS." MOMASTI MAKES NO WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; AVAILABILITY OF THE SITE OR CONTENT; RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND ANY DUTIES OF REASONABLE CARE.
12. Dangerous Activities. MOMASTI DOES NOT RECOMMEND USE OF ITS GAMES OR OTHER SERVICES DURING CERTAIN ACTIVITIES, SUCH AS DRIVING, WHERE THERE EXISTS A SIGNIFICANT RISK OF AN ACCIDENT. YOU AGREE NOT TO USE MOMASTI'S GAMES OR OTHER SERVICES DURING SUCH ACTIVITIES AND ACKNOWLEDGE THAT ANY SUCH USE WOULD BE A VIOLATION OF THESE TERMS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR SOLE RISK AND MOMASTI WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OF ANY NATURE RESULTING FROM SUCH USE.
13. Limitation of Liability and Damages. TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE, NOR ANY OF OUR AFFILIATES OR AGENTS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF DATA) OR ANY PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, OR THE MATERIALS, OR TO ANY BREACH OF THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TOTAL LIABILITY HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE THE SITE OR TO PURCHASE MATERIALS. SOME JURISDICTIONS MAY NOT PERMIT THE PRECEDING LIMITATIONS AND THEREFORE SUCH PROVISIONS MAY NOT APPLY IN THOSE JURISDICTIONS.
14. Linked Sites. Web links may appear on the Site that may be used to link to third party owned or operated web sites. These links are provided as a courtesy to our Site visitors. MoMasti has no control over the linked web sites or the materials, information, goods or services available or contained on these linked web sites. MoMasti is not responsible for and does not endorse or warrant in any way any privacy or other practices of such web sites or any materials, information, goods or services available through such linked web sites. If you decide to access any of the linked web sites, you do so entirely at your own risk. MoMasti reserves the right to terminate any link at any time.
15. Amendments; Complete Agreement. You agree that we may from time to time amend or add to these Terms ("Amendments"), including without limitation, Amendments that add registration fees or change payment methods or requirements. Notice of such Amendments will be posted on the Site and each such Amendment will be effective immediately after notice. Your use of the Site after the effective date of any Amendments shall be your consent to those Amendments and to these Terms as amended. If you do not want to be bound by an Amendment, you will need to terminate your registration, if any, and refrain from using the Site or MoMasti's products, services or content after that date. These Terms and any Amendments, your registration and any consents provided by you, the disclosures provided by us on the Site and in conjunction with Materials and User Content delivered or accessible via a mobile phone, constitute the entire agreement between you and us and supersede any prior and contemporaneous written or oral agreements between the parties.
16. No Waiver Severability. The failure of either party to enforce any provision of these Terms shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of these Terms. If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
17. Applicable Laws. Any claim related to the use of the Site or to the Site content shall be governed by, construed and enforced in accordance with the laws of the Govt. of India without regard to its conflicts of laws provisions. Any action brought in connection with the Site, Materials or User Content, or any other MoMasti content or services shall be brought in courts with jurisdiction in the city of Mumbai only. The parties hereby waive any claim or defense that such forum is not convenient or proper and consent to service of process by any means authorized by Mumbai courts.
18. General Notices. All notices required by or allowed under these Terms, including notices of problems and/or inaccuracies in the Site or Materials, should be addressed to:
    Momasti,
    Gr. Fl, Madhu Industrial Estate,
    P.B. Marg,
    Worli
    Mumbai - 400013
    Communications made through the Site's e-mail and messaging system shall in no way be deemed to constitute legal notice to MoMasti or any of its officers, employees, agents or representatives, where such notice to MoMasti is required by contract, or any state or local laws, rules or regulations.
19. Trademarks. Momasti and the Momasti logo are trademarks or registered trademarks of Momasti Inc. All other copyrights, trademarks, and trade names are the property of their respective owners and used with permission.
20. Notice of Copyright Infringement. MoMasti respects the intellectual property rights of others. The following represents MoMasti's policy regarding copyright infringement. If you believe that Materials or User Content reproduced or offered for viewing or sale on the Site in any way constitutes copyright infringement of your work, you may provide a notice containing the following: 1. an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest; identification of the copyrighted work claimed to have been infringed; 2. identification of the material that is claimed to be infringing and information reasonably sufficient to permit MoMasti to locate the material; 3. the address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; 4. a representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 5. a representation that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If MoMasti receives proper notification of infringement pursuant to the procedure set forth above, it will remove or disable access to the challenged material, as permitted by applicable law, and will take reasonable steps to notify the opposite party that the material has been removed on the basis of a copyright infringement allegation.

Terms of Use: Last revised on August 15, 2010.