Terms of Service

Legal
information.

Revised on May 11, 2014


Welcome to Mello. Please read these Terms of Service carefully before using www.melloagency.com (the “website” and the services, features, content or applications) offered by Mello (“Mello”, “Us”, “We” or “Our”). These Terms of Use ("Terms") apply to all products and services provided by Mello and govern your use of our products, customer support for our products, our website, our blog, and our forums. We may add or remove Products and/or Services with or without notice. These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services.

Acceptance of Terms

By using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference. These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.

Eligibility

You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

Rules of Conduct

As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services. We reserve the right to modify these Terms from time to time, in which case the new Terms will supersede prior versions. If We make material or significant changes to these Terms, we will notify You by means of a notice within Our Products and Services. Your continued use of our Products and Services will signify Your acceptance of the changes to these Terms. All intellectual property rights and titles for Products and Services developed by Mello will remain with and belong exclusively to Mello.

You agree not to:

  • attempt to decompile, decipher or reverse engineer any of Our Products and Services.
  • remove any copyright or other proprietary notations from Our Products and Services.
  • license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, modify or copy Our Products and Services without Our written consent.
  • use Our Products and Services for any commercial purpose, or for any public display (commercial or non-commercial), without Our written consent.
  • use Our Products and Services in any manner that interferes with or disrupts the integrity or performance of the Products and Services.
  • try to use, or use Our Products and Services in violation of these Terms. Mello’s failure to enforce at any time any provision of these Terms does not constitute a waiver of that provision or of any other provision of these Terms.
  • Disclaimer of Warranties

    OUR PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS. MELLO MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, MELLO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE SECURITY, ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF OUR PRODUCTS AND SERVICES NOT EXPRESSLY STATED IN THESE TERMS. TO THE EXTENT THAT MELLO MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY SUCH WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM REQUIRED BY APPLICABLE LAW.

    Due to the vibrant ecosystem of Android devices and apps, it is impossible to make all features of our apps work correctly on all devices. If You find that a feature doesn't work on Your device, contact us by email at support@melloagency.com in order to file a bug report.

    Limitation of Liability

    IN NO EVENT SHALL MELLO OR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS (BOTH DIRECT AND INDIRECT) WHETHER OR NOT MELLO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ANY CLAIM FOR RECOVERY IS BASED ON THEORIES OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL MELLO'S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THIS AGREEMENT EXCEED THE PRICE PAID BY YOU FOR OUR PRODUCTS AND SERVICES. FOR CLARITY, THIS REPRESENTS AN AGGREGATE LIMITATION OF LIABILITY FOR ALL LIABILITY EVENTS (TAKEN TOGETHER) AND NOT A PER LIABILITY EVENT LIMITATION OF LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

    Indemnity

    You agree to release, indemnify and hold Mello and its affiliates and their officers, employees, directors and agent harmless from any and against all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to Your use of the Services, Your connection to the Services, Your violation of these Terms or Your violation of any rights of another.

    Privacy Policy

    Mello respects Your privacy rights and recognizes the importance of protecting any information collected about You. Please read our Privacy Policy, the terms of which are incorporated herein, for more information about how we collect and use personal and non-personal data in relations to Our Products and Services.

    Third Party Products, Services and Links

    Please note that Your access to and the ability to use Our Products and Services may be subject to certain third party terms and conditions and privacy policies, including but not limited to application stores, mobile software platforms, and payment providers. You further acknowledge and agree that Mello will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings You have with third parties found while using the Products or the Services are between You and the third party, and You agree that Mello is not liable for any loss or claim that You may have against any such third party. Mello may at Our discretion make available links through advertisements or otherwise enabling You to access third party sites, apps, games or services. Please note that, while using such third party products or services, You are using products or services developed and administered by people or companies not affiliated with or controlled by Mello. Our link(s) to those third parties' websites do not imply Our endorsement, sponsorship, or affiliation with those people or companies. Mello is not responsible for the actions of those people or companies, the content of their products or services, the use of information You provide to them, or any other products or services they may offer to You. Use of any such linked third party products or services is at Your own risk and subject to their terms and policies.

    Feedback

    You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Products or the Services ("Submissions"), provided by You to Mello are non-confidential and Mello will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.

    Severability

    If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by the law. Remaining provisions of these Terms shall remain in effect.

    Governing Law

    Any claim relating to Our Products and Services shall be governed under Pakistan law.

    Assignment

    You may not assign these Terms without the prior written consent of Mello, but Company may assign or transfer these Terms, in whole or in part, without restriction.

    Contact Us

    If You require any additional information or have any questions about our Terms, please feel free to contact us by email at legal@melloagency.com