IF YOU ARE ACCESSING THE SITE(S)/ APP(S), BY SUBMITTING YOUR PERSONALLY IDENTIFIABLE INFORMATION ON THE SITE(S)/ APP(S), YOU EXPRESSLY CONSENT TO THE TRANSFER OF SUCH DATA TO INDIA, AND TO THE PROCESSING OF SUCH DATA ON SONETSHRADDHA’S (OR ITS DESIGNATED VENDORS’) SERVERS, WHERE YOUR DATA WILL BE GOVERNED BY RESPECTIVE LAWS THAT MAY PROVIDE A LOWER (OR DIFFERENT) LEVEL OF DATA PROTECTION THAN YOUR COUNTRY.
- OWNERSHIP; RESTRICTIONS ON USE
The content of the Site(s)/ App(s) and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by SonetShraddha and/or its licensors or group companies and are protected by applicable Indian and international copyright and other intellectual property laws. You acknowledge, understand and agree that you shall not have, nor be entitled to claim, any rights in and to the Site(s)/ App(s) content/ Services and/or any portion thereof. You agree not to copy, reproduce, duplicate, stream, capture, access through technology or means other than those provided on the Site(s)/ App(s), perform, transfer, sell, resell, download, upload, archive, license to others, edit, modify, manipulate, create derivative works from or based upon (including, without limitation, mash-ups, montages, wallpapers, ringtones, greeting cards, T-shirts or other merchandise), publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the Site(s)/ App(s) or any component part thereof. Any of the unauthorized uses referred to above would constitute an infringement of the copyrights and other proprietary rights of SonetShraddha and/or its licensors and a violation of these Terms and may subject you to civil and/or criminal liability under applicable laws.
- LICENSES GRANTED TO YOU
Subject to these Terms (including, without limitation, the YOUR RESPONSIBILITIES section set forth below), we hereby grant you, if and only to the extent the necessary functionality is provided to you on or through the Site(s)/ App(s), the following limited, revocable, non-exclusive, non-transferable, non-assignable, worldwide, royalty-free rights and licenses (“License”):
- 2.1 The License to access, view and otherwise use the Site(s)/ App(s) (including, without limitation any Services provided on or through the Site(s)/ App(s)) for your personal (non-commercial), lawful use only, as intended through the customary and authorized functionality of the Site(s)/ App(s);
- 2.2 The License to stream Site(s)/ App(s) content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Site(s)/ App(s) (any such widget or other digital streaming internet video player referred to as a “Site Widget/ Video Player”) for your personal, lawful use only;
- 2.3 The License to cut and paste certain code expressly made available to you through the Site(s)/ App(s) (whether such functionality is designated as “sharing” functionality or not) in order to embed, re-publish, maintain, and/or display the specific Site(s)/ App(s) content to which such code relates on your own personal, customized social networking web page(s), web blog(s), or microblog(s) (collectively, your “Personal Social Media”), and/or, if the Site(s)/ App(s) provides “widget grabbing and embedding” functionality, to “grab” a Site Widget and embed, re-publish, maintain, and/or display such Site Widget on your Personal Social Media;
- 2.4 The License to cut and paste certain code expressly made available to you through the Site, and/or if the Site provides “widget grabbing and embedding” functionality, to “grab” a Site Widget, to forward, as applicable, such code and/or Site Widget to your friends, so that they can view the Site content contained therein, and/or if, they so desire, so that they themselves may embed the forwarded piece of code or Site Widget on their own Personal Social Media or re-forward it to their own friends;
- 2.5 If the Site(s)/ App(s) enables you to download Software, the License to install and use one copy of the Software on your personal computer system, mobile or other permitted device; provided, however, that you understand and agree that (i) by allowing you to download the Software, SonetShraddha does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software’s owner (which may be SonetShraddha and/or its third party Software licensor) will retain full and complete title to such Software; (ii) you shall not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software without the prior written consent of SonetShraddha; (iii) you shall not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; (iv) you shall not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law.
- YOUR RESPONSIBILITIES
Your rights under any one or more of the Licenses set forth above are conditioned upon your compliance with each of the following:
- 3.1 Subject to availability of these functionalities you will not create or Submit (as defined below) a User Submission that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, rules, regulations or (“Applicable Laws”), or that infringes or violates other parties’ intellectual property, publicity, or privacy rights or links to infringing or unauthorized content;
- 3.2 You will not embed, re-publish, maintain and/or display any Site(s)/ App(s) content (including, without limitation, any of your own User Submissions) on any Personal Social Media or other web site or other internet location that ordinarily contains or hosts content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any Applicable Laws, or that infringes or violates other parties’ intellectual property rights or links to infringing or unauthorized content;
- 3.3 You will not send spam, chain letters, pyramid schemes or any other unsolicited or unauthorized advertising or promotional materials, or harass, bully, stalk, harm, or otherwise cause mental or physical distress or injury to anyone, or defame or disparage someone, or engage in any other unlawful or objectionable conduct while using the Site;
- 3.4 You will provide accurate, current and complete information about you or anyone else, and you will not provide false information about you or anyone else (including, without limitation, when you are being asked on the Site to provide accurate information about your age), and you will not impersonate or appear to impersonate anyone else or otherwise misrepresent your affiliation with any person or entity;
- 3.5 You will not use any one or more of the Licenses granted to you (and any associated functionality) to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material or information, whether personally identifiable or not, posted by or concerning any other user of the Site, unless you have obtained prior permission from such user to do so;
- 3.6 You will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Site(s)/ App(s) (or any parts thereof);
- 3.7 You will abide by all copyright notices, information, and restrictions contained in or associated with any of the Site(s)/ App(s) content;
- 3.8 You will not remove, alter, interfere with or circumvent any copyright, trademark, watermark, or other proprietary notices marked/displayed on Site(s)/ App(s) content, Software or Services;
- 3.9 You will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geo-filtering and/or encryption, etc.) associated with Site content;
- 3.10 You will not use any of the rights granted to you or any of the Site(s)/ App(s) content or Services in a manner that suggests an association with any of SonetShraddha ‘s products, services or brands, unless otherwise specifically permitted by SonetShraddha;
- 3.11 You will not use bots, spiders, offline readers or other automated systems to access or use the Site(s)/ App(s) in a manner that sends more request messages to the Site(s)/ App(s)’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser, unless you are a lawfully operating a public search engine, in which case (subject to SonetShraddha ‘s full discretion to revoke this exception at any time), you may use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices (but not caches or archives) of such materials;
- 3.12 You will not knowingly transmit any material that contains adware, malware, spyware, software viruses, time-bombs, cancel-bots, worms, trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- 3.13 You will not do anything that is likely to adversely affect or reflect negatively upon or harm the goodwill or reputation of SonetShraddha or any of its affiliates or group companies, or the Site(s)/ App(s), or any of the content running or being promoted on the Site(s)/ App(s) (including, without limitation, any movie, television program or other initiative);
- 3.14 You will not do anything on the Site(s)/ App(s) that would prevent other users’ access to or use of the Site(s)/ App(s) or any part thereof;
- 3.15 You will be responsible for maintaining the confidentially of any username or password associated with access to the Site(s)/ App(s) (including, without limitation, in those instances in which the Site(s)/ App(s) uses the account creation mechanism and management of a third party’s social network, website or device), and you are solely responsible for all activities that occur under your username and/or password; and
- 3.16 You will use the Site(s)/ App(s) and the Licenses always in compliance with these Terms and all Applicable Laws.
- USER SUBMISSIONS; GRANT OF LICENSE TO SONETSHRADDHA; YOUR WARRANTIES AND REPRESENTATIONS
When you submit (or attempt to submit) your User Submissions on or by means of the Site(s)/ App(s), you automatically grant to SonetShraddha and its affiliates, group companies an irrevocable, perpetual, worldwide, unconditional, unrestricted, fully-paid, royalty-free, transferable, fully sub-licenseable to multiple tiers of sublicensees, non-exclusive right and license (the “SonetShraddha License”) to display, publicly perform, distribute (including, without limitation, through third-party web sites, blogs, microblogs and other social networking media and internet and mobile resources and applications etc.), store, transcode, host, cache, maintain, broadcast, webcast, mobile-cast, transmit, distribute, tag, track, reproduce, edit, modify, format, re-format, link to and from, translate, delete, create derivative works, combine with other content, categorize, and/or otherwise use, reuse and/or otherwise exploit your User Submissions (or any portions or derivative works thereof) and any names, likenesses, voices, images, digital recordings, performances, and other ideas, concepts, feedback and other materials included in your User Submissions, in any manner, medium or content delivery technology now known or hereinafter devised, for any purpose, as determined solely in SonetShraddha’s (or its authorized designees/licensees’) sole discretion, without the requirement for any compensation to you or anyone else, or the need to require additional consent from you or anyone else, or the need to provide prior notification or any credit to you or anyone else. The SonetShraddha License shall survive in perpetuity in accordance with its terms regardless of whether you stop using the Site or SonetShraddha terminates your access to the Site(s)/ App(s). NOTHING CONTAINED HEREIN SHALL BE DEEMED TO TRANSFER TO SONETSHRADDHA OR TO ANY OF ITS AFFILIATES, ANY OWNERSHIP RIGHTS IN AND TO YOUR USER SUBMISSIONS, PROVIDED, HOWEVER, THAT SONETSHRADDHA AND/OR ITS AFFILIATES AND/OR ITS LICENSORS WILL RETAIN SOLE AND EXCLUSIVE OWNERSHIP OF ANY OF THE SONETSHRADDHA LICENSED ASSETS (IF ANY) INCLUDED IN YOUR USER SUBMISSIONS. EVEN THOUGH BY SUBMITTING YOUR USER SUBMISSIONS YOU ARE GRANTING TO SONETSHRADDHA THE BROAD RIGHTS AND LICENSES SET FORTH ABOVE, YOU ACKNOWLEDGE AND UNDERSTAND THAT NOTHING CONTAINED HEREIN SHALL OBLIGATE SONETSHRADDHA AND/OR ANY OF ITS AFFILIATES OR AUTHORIZED DESIGNEES TO HOST, DISTRIBUTE, DISPLAY OR OTHERWISE EXPLOIT ANY OF YOUR USER SUBMISSIONS OR EXERCISE ANY OTHER RIGHTS UNDER THE SONETSHRADDHA LICENSE. You acknowledge and agree that: (a) you have no expectation of confidentiality of any nature with respect to any of your User Submissions, and (b) SonetShraddha and/or any of its affiliates may already have projects under consideration that are similar to your User Submissions or may independently develop projects that are similar to your User Submissions, or other User Submissions transmitted by other users of the Site may be similar or the same as your User Submissions. Because of the viral nature of social media, you should not submit any content or information to SonetShraddha that you do not want to be viewed and “shared” or otherwise distributed by others. In connection with all of the User Submissions you Submit to the Site, and any other activities that you conduct on or by means of the Site, you represent, warrant and covenant that: (i) the User Submissions are original to you (in other words, that you own all rights in and to your User Submissions) or, alternatively, that you have acquired all necessary rights in your User Submissions to enable you to grant to SonetShraddha the SonetShraddha License; (ii) you have paid or satisfied and will pay or satisfy in full all license fees, clearance fees, royalties, and any other financial or third party obligations of any kind, if any, arising from any use or exploitation of your User Submissions, and SonetShraddha will not be responsible for such obligations; (iii) your User Submissions do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party; (iv) neither your User Submissions, nor any of the other activities that you undertake on the Site(s)/ App(s), are or will at any time be: defamatory or disparaging of any individual or entity, unlawful, pornographic, obscene, threatening, vulgar, indecent, profane, hateful, sexually explicit or sexually suggestive, intended to bully or harass or stalk, or resulting in bullying, harassing, or stalking, racially or ethnically or culturally offensive, or otherwise objectionable or encouraging of criminal conduct, or giving rise, or potentially giving rise, to civil or criminal liability, or linking to infringing or unauthorized content, or transmitting unsolicited advertising materials, or intended to result in, or resulting in, any mental or physical distress or injury to any person, violate of any Applicable Laws or these Terms, or violate of any person’s publicity or privacy rights; and (v) your User Submissions are not intended by you to benefit any commercial enterprise associated with you or any third party. You agree to keep all records necessary to establish that your User Submissions do not violate any of the foregoing representations and warranties and to make such records available to SonetShraddha upon SonetShraddha ‘s request. SonetShraddha is not responsible for any loss, theft or damage of any kind to any User Submissions. You acknowledge that SonetShraddha does not as a matter of its ordinary practice pre-screen any User Submissions submitted by you or other users of the Site but that SonetShraddha (and/or any of its authorized designees) has the right to and may pre-screen or review after initial submission any of the User Submissions for a variety of reasons, including, without limitation, for compliance with these Terms or Applicable Laws, or if otherwise desired or necessary, as determined by SonetShraddha in its sole discretion. SonetShraddha shall have the right in its sole discretion to refuse, remove, edit, or disable any of your User Submissions (and/or any other Site users’ User Submissions) that violate these Terms or are otherwise objectionable, as determined by SonetShraddha in its sole discretion, as well as terminate your and/or any Site user’s continued access to and/or other use of the Site (including, without limitation, access to and/or use of any of the Services, features or functionality available on or through the Site). SonetShraddha does not control or endorse any User Submissions, and any User Submissions submitted to the Site do not reflect the opinions, views or policies of SonetShraddha or any of its affiliates. SonetShraddha disclaims any and all liability in connection with any and all User Submissions, and you agree to waive any legal or equitable rights or remedies you may have against SonetShraddha or any of its affiliates with respect to such User Submissions. If you remove or delete any of your User Submissions from the Site, that User Submission will be removed from the Site within a reasonable period of time. Nonetheless, a User Submission that you remove may still be available to third parties who previously acquired the link to that User Submission and SonetShraddha may maintain copies for archival purposes. SonetShraddha reserves the right to display advertisements in connection with your User Submissions and to use your User Submissions to advertise and promote your User Submissions or the Site (in whole or in part) or any of SonetShraddha products or services. You acknowledge and agree that you have no right or interest in any of the revenue generated from such advertisements. These provisions shall remain in full force and effect in perpetuity notwithstanding any termination of your use of the Site.
Users hereby acknowledge that certain content on the Site(s)/ App(s) is for use solely by responsible adults over the age of 18 or the age of consent in the jurisdiction from which it is being accessed. There are various genres of content suitable for the consumption by the users below the age of 18 years and also for users above 18 years of age, who have attained the age of majority. Should the user choose to access such content intended for the consumption by the users above the age of 18 years then, , such user shall be making the following representations:
- That the user has attained the age of majority, or at least 18 years of age, and has the legal right to access and / or possess content meant for adults;
- That the user has voluntarily chosen to access such content, because he / she wants to view the same and does not find the said content to be offensive or objectionable;
- That by viewing any part / portion of content intended for the consumption by the users above the age of 18 years available on the application/website, the user agrees that the user shall not hold the owners of the application/website ALT Balaji, its directors, or its employees responsible for any said materials;
- That the user will exit this Site(s)/ App(s) immediately should he / she be in anyway offended by the adult nature of the content;
- That the user understands and agrees to abide by the standards and laws of India or the jurisdiction from which it is being accessed.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE(S)/ APP(S) IS AT YOUR SOLE RISK. THE SITE(S)/ APP(S) (AND ANY PORTION OF THE SITE(S)/ APP(S)) IS PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE.” TO THE FULL EXTENT PERMITTED BY LAW, SONETSHRADDHA AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). Neither SonetShraddha nor any of its affiliates make any warranties or representations about the accuracy or completeness of content available on or through the Site(s)/ App(s) or the content of any web sites, Personal Social Media or other internet or mobile resources linked to the Site(s)/ App(s) and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site(s)/ App(s) (or any parts thereof); (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site(s)/ App(s); (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site(s)/ App(s) (or any parts thereof) by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any User Submissions and/or other Site(s)/ App(s) content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or by means of the Site(s)/ App(s) and/or otherwise through your or any other Site(s)/ App(s) users’ exercise of any rights under any of the Licenses granted by SonetShraddha herein. SonetShraddha reserves the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access to any portion of the Site(s)/ App(s) (including, without limitation any of the Services).
- LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL SONETSHRADDHA OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE SITE(S)/APP(S) OR ANY PARTS THEREOF.
YOU UNDERSTAND AND AGREE THAT SONETSHRADDHA DOES NOT COMMIT TO A MINUMUM UPTIME AND IS NOT IN ANYWAY LIABLE TO INDEMNIFY/ COMPENSATE/ REFUND YOU FOR ANY LOSS/ HARM/ DAMAGE CAUSED THEREBY.
SonetShraddha Site(s)/App(s) enables streaming of content only through compatible devices. This software may vary by device and medium, and functionalities may also differ between devices. SonetShraddha shall endeavor but not be committed and liable to ensure the compatibility and/ functionality of the Site(s)/ App(s) with all your devices. In the event of failure of the same, you can contact the customer support and SonetShraddha shall use its best possible efforts to extend such compatibility. However, in no event shall you hold SonetShraddha liable for the same.
You agree to indemnify and hold harmless SonetShraddha and its affiliates and its and their respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable outside attorneys’ fees and costs) that such parties may incur as a result of or arising from (i) any of your User Submissions; (ii) your exercise of any of your rights granted under the Licenses without your compliance with your responsibilities set forth in these Terms; (ii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these Terms; (iii) your violation of any person’s intellectual property, privacy, publicity or other right; (iv) the violation of any Applicable Laws and/or these Terms by you and/or anyone using your registered account to access and/or otherwise use the Site (in whole or in part); or (v) your willful misconduct or the willful misconduct of anyone accessing the Site through your registered account, in connection with your (and/or such other person’s) use of the Site (in whole or in part). SonetShraddha reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SonetShraddha in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.
- COPYRIGHT INFRINGEMENT NOTIFICATION; DESIGNATED COPYRIGHT AGENT
SonetShraddha respects the intellectual property rights of others. Upon proper notice, SonetShraddha will remove User Submissions (and any other Site(s)/ App(s) content) that violate copyright law. As per the provisions of Information Technology Act, 2000 and any amendments made thereto along with the rules framed there under and the provisions of the Copyright Act, 1957 along with all the amendments made thereto and rules framed there under, SonetShraddha shall remove upon receiving written notification of claimed copyright infringement on the Site(s)/ App(s) and for processing such claims in accordance with such law. If you believe a work has been copied in a way that constitutes copyright infringement, please send a notification of claimed infringement (an “Infringement Notification”) that contains all the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the claimed infringing material and information reasonably sufficient to permit SonetShraddha to locate the material on the Site(s)/ App(s); (iii) information reasonably sufficient to permit SonetShraddha to contact you, such as an address, telephone number, and, if available, an e-mail address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) your physical signature.
Sonic Octaves Pvt. Ltd.
A/202 Dwarkamai, Pannanal Ghosh Marg,
Somwar Bazar, Malad West
By submitting an Infringement Notification, you acknowledge and agree that SonetShraddha may forward your Infringement Notification and any related communications to any users who posted the material identified in such notice.
- GOVERNING LAW AND JURISDICTION
The relationship between you and SonetShraddha shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of your use of the Services. Notwithstanding the foregoing, you agree that (i) SonetShraddha has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum and (ii) any proceeding brought by you shall be exclusively before the courts at Mumbai, India.
- SEVERABILITY; WAIVER
If any provision of these Terms shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The failure of SonetShraddha to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site(s)/ App(s) or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site(s)/ App(s).
You understand and agree that SonetShraddha may, in its sole discretion and at any time, terminate or temporarily suspend your rights under any of the Licenses and otherwise your access to the Site(s)/ App(s), and discard, remove, and/or disable or deactivate any or all of your User Submissions that you submitted to or by means of the Site(s)/ App(s) and/or any other information and data that you (and/or anyone else) may have provided to or by means of the Site(s)/ App(s), for any reason. SonetShraddha may also, in its sole discretion and at any time, discontinue the Site(s)/ App(s) or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice. YOU UNDERSTAND AND AGREE THAT SONETSHRADDHA MAY TAKE ANY ONE OR MORE OF THESE ACTIONS WITHOUT ANY NOTICE TO YOU, PRIOR OR OTHERWISE, AND YOU UNDERSTAND AND AGREE THAT NEITHER SONETSHRADDHA NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY TO YOU OR TO ANY OTHER PERSON FOR ANY TERMINATION OF YOUR (OR ANYONE ELSE’S) ACCESS TO THE SITE(S)/ APP(S) OR PARTS THEREOF; AND/OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OF YOUR USER SUBMISSIONS (OR THE USER SUBMISSIONS OF ANYONE ELSE) OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OTHER INFORMATION OR DATA THAT YOU (OR ANYONE ELSE) MAY HAVE PROVIDED ON OR BY MEANS OF THE SITE(S)/ APP(S). YOU MAY DISCONTINUE YOUR ACCESS TO, USE OR PARTICIPATION ON OR BY MEANS OF THE SITE(S)/ APP(S) AT ANY TIME.
- INJUNCTIVE RELIEF
Notwithstanding anything to the contrary herein, you hereby irrevocably waive any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of any SonetShraddha or any SonetShraddha affiliate-related motion picture, production or project, or the use, publication or dissemination of any advertising or promotion in connection with such motion picture, production or project. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site(s)/ App(s).
- CHANGES IN SITE OWNERSHIP
- SPECIAL RULES FOR SONETSHRADDHA WEBSITE/ APP SERVICE
SONETSHRADDHA SITE(S)/ APP(S) SERVICE, REGISTRATION AND ACCESS TO USE
The SonetShraddha Site(s)/ App(s) Service is an online platform service providing its members with various contents by way of streaming over the internet to the SonetShraddha Site(s)/ App(s) on various devices and platforms which will include mobile and similar other handheld devices and by way mobile applications.
To register for the SonetShraddha Site(s)/ App(s) Service you shall be required to do the following:
Open an account by completing the registration process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form). You also will choose a password and a user name.
You are entirely responsible for maintaining the confidentiality of your password and account. In particular, as a parent or legal guardian, you acknowledge and assume sole responsibility to ensure that content which is meant for mature audiences (i.e, above the age of majority) is not accessed by children. Hence, you may not share your log in credentials with your children.
You expressly agree to absolve SonetShraddha and/or the SonetShraddha Site(s)/ App(s) Service of any responsibility / liability in this regard.
- Facebook Account:
You may also register for the SonetShraddha Site(s)/ App(s) Service by using your Facebook username and password. Using Facebook Connect allows SonetShraddha to personalize and enhance your experience while using the SonetShraddha Site(s)/ App(s) Service, based on your personal information, profile, likes, and other relevant information. When you use this feature, you expressly consent to information about your activity on the SonetShraddha Site(s)/ App(s) Service (i.e. what you have watched, what you have liked, ratings given by you, etc.) being continuously released and automatically posted on your Facebook account (which has been used to log in) and made available to your friends on Facebook. You may control the information being shared through Facebook Account by changing your account / privacy settings. By registering, you agree to the Terms stated herein and in addition to any other specific terms which shall be posted at an appropriate location of the Site(s)/ App(s). Each registration is for a single individual user only.
- Google Account:
You may also register for the SonetShraddha Site(s)/ App(s) Service by using your Google Email ID and password. Using Google Account allows SonetShraddha to personalize and enhance your experience while using the SonetShraddha Site(s)/ App(s) Service, based on your personal information, profile, likes, and other relevant information. When you use this feature, you expressly consent to information about your activity on the SonetShraddha Site(s)/ App(s) Service (i.e. what you have watched, what you have liked, ratings given by you, etc.) being continuously released and automatically posted on your Gmail account (which has been used to log in) and made available to your friends on various services provided by Google. You may control the information being shared through Google Account by changing your account / privacy settings. By registering, you agree to the Terms stated herein and in addition to any other specific terms which shall be posted at an appropriate location of the Site(s)/ App(s). Each registration is for a single individual user only.
To be able to view certain premium content (“Premium Content”), you will be required to subscribe to any one subscription plan (“Plan”) of the SonetShraddha Site(s)/ App(s) Service viz., the plans available on the Site(s)/ App(s) to be able to access the services which shall be entitled to full fee flexibility, solely at the discretion of SonetShraddha.
You may be required to subscribe to the SonetShraddha Site(s)/ App(s) Service and such subscription in a particular geographical territory that shall be valid for that territory only and shall not automatically entitle you to access your account from a different geographical territory, unless specifically permitted by SonetShraddha. You will be required to re-subscribe to the SonetShraddha Site(s)/ App(s) Services in the event that you wish to use the services from a different territory other than the one from where you originally subscribed to the SonetShraddha Site(s)/ App(s) Service.
- ACCESS TO USE:
To access the SonetShraddha Site(s)/ App(s) Service, you will be asked to enter your individual user name and password, as chosen by you during your registration. Therefore, SonetShraddha does not permit any of the following:-
(1) Any other person sharing your account and password;
(2) Any part of the Site(s)/ App(s) being cached in proxy servers and accessed by individuals who have not registered with SonetShraddha as users of the Site(s)/ App(s).
Access through a single account being made available to multiple devices, being limited to a maximum of 1 (One) device at any given time, (subject to change without prior intimation) on a network.
If SonetShraddha reasonably believes that an account and password is being used / misused in any manner, SonetShraddha reserves the right to cancel access rights immediately without notice, and block access to all users from that IP address. Furthermore, you shall be entirely responsible for any and all activities that occur under your account. You agree to notify SonetShraddha immediately of any unauthorized use of your account or any other breach of security. SonetShraddha will not be liable for any loss that you may incur as a result of someone else using your password or account, however, you could be held liable for losses incurred by SonetShraddha or another party due to someone else using your account or password.
To be able to view any Premium Content, you will be asked to enter your user name and password after which you shall have to subscribe to any of the Plans as mentioned above and follow the payment procedure as prescribed here below.
The availability of content(s) to view through SonetShraddha Site(s)/ App(s) Service will change from time to time at the sole discretion of SonetShraddha. The quality of the display of the streaming video may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection, and/ or quality of user’s hardware. You are responsible for all internet access charges. Please check with your internet provider for information on possible internet data usage charges.
Geographic Limitation: You may watch a video through the SonetShraddha Site(s)/ App(s) Service only in geographic locations where SonetShraddha offers the SonetShraddha Site(s)/ App(s) Service. The content that may be available to view will vary by geographic location. SonetShraddha may use technologies to verify your geographic location.
- SONETSHRADDHA SITE(S)/ APP(S) SERVICE STREAMING SOFTWARE:
The SonetShraddha Site/(s)/ App(s) Service streaming software is developed and designed to enable only streaming of content on the devices/platforms which are Service ready. These Site(s)/ App(s) may vary by device and medium, and functionalities may also differ between devices. This Site(s)/ App(s)is licensed to you pursuant to these Terms and solely for the purpose of using the SonetShraddha Site(s)/ App(s) Service and for no other purpose whatsoever. SonetShraddha does not warrant the performance of the Site(s)/ App(s), including its continuing compatibility with the SonetShraddha Site(s)/ App(s). Any unauthorized use of the Site(s)/ App(s) is strictly prohibited and SonetShraddha reserves the right to not provide the Site(s)/ App(s) (including updates) to you at any time and to discontinue the ability to access the SonetShraddha Site(s)/ App(s) Service through such Site(s)/ App(s) at any time, without prior or any notice. When you use an SonetShraddha Site(s)/ App(s) ready device, you expressly represent that you have the express authority to use such device and be liable for any transaction conducted through such device on the Site(s)/ App(s). The SonetShraddha Site(s)/ App(s) permits only streaming of the content available on the Site(s)/ App(s)and restricts the download and storage of such content, except the download functionality available on the App(s).
By subscribing to the SonetShraddha Site(s)/ App(s) Service, you are expressly agreeing that SonetShraddha is authorized to charge you subscription fee as per your selected plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the SonetShraddha Site(s)/ App(s) Service through any such payment method/ instrument including but not limited to credit/debit card, net banking or other payment method/ instrument accepted by SonetShraddha (“Payment Method”) that you are provided. The Payment Methods will differ from platform to platform (operating systems). In the event your subscription expires, SonetShraddha reserves the right to auto-renew your subscription through your authorized Payment Method provided such Payment Method offers the service of auto-renewal. You hereby authorize us to effect such auto-renewal in the above mentioned scenario.
In the event you desire to discontinue your auto-renewed subscription, you may obtain assistance in this regard.
As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription and towards the end of each subscription term. We will notify you regarding such expiration. To see the commencement date for your next renewal period, go to the billing information section on your account page. If you change your Payment Method or subscription plan, this could result in changing the date on which you are billed. However, SonetShraddha will not be able to notify you of changes in any applicable taxes. All fees and charges are non-refundable and there are no refunds or credits for partially used periods and/or unwatched content. Any changes in the subscription plan opted for by you shall be effective only after the expiry of the then current subscription period for which you have been billed. Similarly, the services as per revised plan opted by you shall be effective only after the expiry of the then current subscription period. In case you require a change in the subscription plan and/or services prior to the expiry of the then current subscription period, then SonetShraddha shall not be under any obligation to refund or give credit for any portion of the subscription fee paid by you for the unexpired period. You will remain liable to SonetShraddha for all such amounts and all costs incurred by SonetShraddha in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys´ fees, and arbitration or court costs. You also understand and acknowledge that SonetShraddha only facilitates the third party payment gateway for processing of payment. This facility is managed by the third party payment gateway provider and you are required to follow all the terms and conditions of such third party payment gateway provider. You are responsible for the accuracy and authenticity of the information provided by you, including the bank account number/credit card details and the like. You agree and acknowledge that SonetShraddha shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud. You can contact us at [email protected] in case you require any assistance with regard to payment transfer on the Site(s)/ App(s) and the same could be forwarded to the concerned third party payment gateway provider for the redressal. You consent that SonetShraddha, at its sole discretion, shall be entitled to revise the fees (including but not limited to charging for the free content and vice versa) associated with the content(s) hosted on Site(s)/ App(s). You may cancel your membership at any time; however, there are no refunds or credits for partially used periods. It must be noted that subscription for SonetShraddha Site(s)/ App(s)Services shall not provide as an entry into any contests or events of SonetShraddha.
- PROMOTIONAL OFFERS:
Voucher code/Coupon Code:
- Voucher code/Coupon Code can only be redeemed on the applicable platforms where it is available.
- Voucher code /Coupon Code is not applicable on Google (Google Play) and Operator Billing, Roku billing, iTunes in-app purchase or any such third party payment gateways where SonetShraddha does not have any direct or indirect influence on the payment terms or procedures.
- Voucher code/Coupon Code is case sensitive and can be used only once
- Voucher code/Coupon Code will not be replaced if lost, damaged, stolen or otherwise used without your permission
- Voucher Code/Coupon Code has to be used before expiry date
- OTHER TERMS
- If any provision of these Terms and Conditions is held by any court or other competent authority to be void or unenforceable in whole or part, the other provision of these Terms and Conditions and the remainder of the affected provisions shall continue to be valid.
- These Terms and Conditions shall be governed by and construed in accordance with the laws of India and subject to exclusive jurisdiction of the competent Courts in Mumbai.
- The Company is empowered to take a decision on any case not covered by the present Terms and Conditions.
- Each provision of this Terms and Conditions shall be considered severable, and if for any reason any provision(s), or the application of such provision(s) to any person, entity or circumstance, shall be held invalid or unenforceable, such provision(s) shall be ineffective to the extent of such invalidity or unenforceability without invalidating the remaining provisions hereof, or the application of the affected provision to persons, entities or circumstances other than those to which it was held invalid or unenforceable.
- NO LIABILITY
- The Company is in no manner whatsoever responsible and/or shall not be held liable, for any physical injury, death, mental trauma caused to any Participant in any manner whatsoever, in relation to participation in the Activity.
- The Company, shall be under no liability whatsoever to the Participants, in respect of any loss, damage suffered by the Participant arising from or pursuant to the Activity or for any and all loss, damage, cost, expense or injury to life or property sustained by the Participant at any stage of the Activity whether or not caused by (1) the Participant’s participation in the Activity, or being selected or disqualified; (2) as a result of the decisions of the Company; and/or (4) any printing, typographical or technological errors in any materials associated with the Activity. Notwithstanding the generality of the foregoing, the Company expressly excludes liability for all direct, indirect and consequential loss or damage, including but not limited to loss or damage to property or for loss of profit, business, revenue, goodwill or anticipated savings pursuant to participation in the Activity. In no event will the measure of damages include, nor will the Company be liable for, any amounts for indirect, incidental, consequential, or punitive damages of any party, including third parties; or for damages attributable to the Participant; or circumstances beyond the Company’s reasonable control.
- The Participant agrees that he/she shall hold harmless the Company, their affiliates, subsidiaries, group companies, their respective employees, officers, sub-contractors or any other person in connection with the Activity including but not limited to persons connected to the selection procedure for the Activity.
- The Company or any of its affiliates will not be liable for any loss of earnings, employment or otherwise caused to the Participant and arising as a result of his/her participation in the Activity, if selected.
- Company shall not be held accountable/liable for any disruptions/stoppages/ interruptions or cancellation of the Activity on account of any force majeure factors or otherwise.
- Company shall not be held responsible or accountable for any expenses, loss, injury or any other liability which may arise while receiving the Gratification if is intimated to Participant for this Activity.
- Company shall not be held accountable/liable by the Winners in event the Voucher and/or the Gift Card do not work/redeemed for reasons including but not limited to (i) wrong code printed on the Voucher and/or Gift Card or (ii) redeemed after the due date by the Winner or (iii) lost by Winner and redeemed by any third party (iv) technical fault in the Voucher and/or the Gift Card or (v) not adhering to the terms and conditions laid down to redeem the Voucher and/or the Code, etc.
- The Participant hereby agrees to indemnify the Company or its affiliates against any claims that might arise from his/her actions or omissions while participating in the Activity or due to any representations, misrepresentations or concealment of material facts by the Participant.
TERMS AND CONDITIONS GOVERNING ANNUAL SUBSCRIPTION OF SONETSHRADDHA SonetShraddha Voucher Code/Coupon Code:
- Offer valid in India only for a subscriber aged 18 years and above.
- SonetShraddha Voucher Code/Coupon Code can be redeemed only once per subscriber.
- SonetShraddha Voucher Code/Coupon Code can be redeemed only on SonetShraddha website at shraddha.sonet.tv
- SonetShraddha Voucher Code/Coupon Code is non-transferable in nature and hence cannot be transferred to any other person including any friend/ relative/ family member.
- SonetShraddha reserves all rights to make amendments to the existing terms and conditions or withdraw the same without giving prior notice.
- SonetShraddha shall not be liable / responsible for any lost opportunity, damages, losses, costs, expenses or otherwise suffered / incurred by any of the subscriber in the event SonetShraddha is not able to permit the subscriber to access subscription of SonetShraddha in accordance with any of the foregoing provisions.
- SonetShraddha shall not be liable / responsible in event the Voucher Code and / or the subscription of SonetShraddha is misused by any third party.
- In no event will the measure of damages include, nor will SonetShraddha be liable for, any amounts for indirect, incidental, consequential, or punitive damages of any party, including third parties; or for damages attributable to the Subscriber; or circumstances beyond SonetShraddha’s reasonable control.
- The Subscriber agrees that he / she shall hold harmless SonetShraddha, their parent company and its subsidiaries in connection with damages / claims received by SonetShraddha in relation to subscription of SonetShraddha
- SonetShraddha shall not be held accountable / liable by the subscriber in an event the Voucher Code and / or Subscription do not work/is not redeemed for reasons including but not limited to (i) wrong code entered during the subscription period or (ii) redeemed after the due date as mentioned above or (iii) subscription code lost by subscriber and redeemed by any third party (iv) internet connectivity / connection failure / technical fault / mechanical fault / any other reason in the Voucher Code or (v) not adhering to the terms and conditions mentioned above.
- SonetShraddha is empowered to take a decision on any case not covered by the present terms and conditions.
LEASE NOTE: IF YOU STILL PROCEED TO ACCESS THE APP(S) AND SHARE THE PERSONAL INFORMATION WITH SONETSHRADDHA, YOU SOLELY SHALL BE RESPONSIBLE FOR ANY KIND OF LEGAL OR OTHER ACTIONS THAT SHALL TAKE PLACE AND SONETSHRADDHA SHALL NOT BE RESPONSIBLE FOR ANY ACTIONS IN ANY MANNER WHATSOEVER.