Web Talkies :
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- Description of Service and Acceptance of Terms: Web Talkies Digital Media Private Limited (Web Talkies) (“Web Talkies,” “we,” or “us”) provides an online video service offering a selection of shows, movies, clips, and other content (collectively, the “Content”). Our video service, the Content, our player for viewing the Content (the “Video Player”) and any other features, tools, materials, or other services (including third party branded services) offered from time to time by Web Talkies through a variety of Access Points (defined below) are referred to collectively as the “Services.” The term “Access Points” refers to, collectively, the http://www.webtalkies.in/, (the ” Web Talkies Site”), applications, and other places where any Services are available, including websites and applications of Web Talkies’ third party distribution partners and other websites where users or website operators are permitted to embed or have otherwise licensed the Video Player. Use of the Services (including access to the Content) is subject to compliance with these Terms and any end user license agreement that might accompany the applicable Service. Therefore, by visiting the Web Talkies Site or using any of the Services through any other Access Point you are agreeing to these Terms.
- Changes to These Terms: The Terms is subject to revisions at any time, as determined by Web Talkies, without notice, and any such changes are effective immediately upon being posted on the Website; any use of the Website thereafter will be deemed to be an acceptance of these changes by the User. Users are strongly urged to read these Terms in its entirety and to periodically check this page to understand how modifications or revisions to this policy affect the use of their information. Web Talkies shall not be responsible for any User’s failure to remain informed about such changes.
- Access and Use of the Services:
3.2 Your License. Web Talkies grants You a non-exclusive limited, revocable, limited permission to use the Services on the Site for personal, non-commercial purposes during the subsistence of Your Account for the territory of the world or limited territories as applicable in respect of specified Content and as set forth in these Terms and Conditions.
3.3 The Content. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Web Talkies in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Web Talkies in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Web Talkies. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Web Talkies in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
3.4 The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
3.5 Ownership. You agree that Web Talkies owns and retains all rights to the Services. You further agree that the Content you access and view as part of the Services is owned or controlled by Web Talkies and Web Talkies’s licensors. The Services and the Content are protected by copyright, trademark, and other intellectual property laws.
If Web Talkies determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Services and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
3.7 No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, you may not use the Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may employ technical measures to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 4) or otherwise send spam, advertising, or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Web Talkies and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, you agree to pay Company INR 500 (Indian rupees five hundred only) for each actual or intended recipient of such communication without prejudice to any other rights of action that Web Talkies may have against you in law or equity;
3.8 Software Downloads. In order to participate in certain Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
3.9 Suspension/Discontinuation. We hope not to, but we may change, suspend, or discontinue – temporarily or permanently – some or all of the Services (including the Content and the devices through which the Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that Web Talkies may do so in Web Talkies’ sole discretion. You also agree that Web Talkies will not be liable to you for any modification, suspension, or discontinuance of the Services.
3.10 Internet Access Charges. You are responsible for any costs you incur to access the internet.
- User Reviews, Comments, and Other Material: As part of the Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) reviews, comments, or other materials (collectively, “User Material”). In order to keep the Services enjoyable for all of our users, you must adhere to the rules below. Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly claims the identity of another person. Please note that if you Post User Material on Web Talkies using a third party service, such as a social network or email provider, your first and last name or username or profile name other user ID may appear to the public each time you Post. We advise that you do not, and you should also be careful if you decide to, Post additional personal information, such as your email address, telephone number, or street address. You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Web Talkies the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Web Talkies will remove all User Material if we are properly notified that such User Material infringes on another person’s rights. You acknowledge that Web Talkies does not guarantee any confidentiality with respect to any User Material. By Posting User Material, you are not forfeiting any ownership rights in such material to Web Talkies. After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant Web Talkies a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the Services worldwide, including on or through any Property, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to Web Talkies is non-exclusive (meaning you are not prohibited by us from licensing your User Material to anyone else in addition to Web Talkies), fully-paid, royalty-free (meaning that Web Talkies is not required to pay you for the use of your User Material), and sub licensable (so that Web Talkies is able to use its affiliates, subcontractors, and other partners, such as internet content delivery networks, to provide the Services). By Posting your User Material, you also hereby grant each user of the Services a non-exclusive, limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Services and under these Terms. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Web Talkies does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Web Talkies. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does Web Talkies assume any responsibility or liability whatsoever for any User Material and you agree to waive any legal or equitable rights or remedies you may have against Web Talkies with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find by emailing [email protected] (subject line: “Inappropriate User Material”).
- Linked Destinations and Advertising:
5.2 Advertisements. Web Talkies takes no responsibility for advertisements or any third party material Posted on any Access Point where the Services are available, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers while using the Services are between you and the advertiser, and you agree that Web Talkies is not liable for any loss or claim that you may have against an advertiser.
- Support: If You have any questions, complaints or claims with respect to the Site and/or Services, then such correspondence should be directed to the address as given below.
79, 80, 81, Link Plaza, Oshiwara,
- Disclaimer of Warranties: You agree that use of the Services and the access to the Site is at Your own risk. The Services including the Site, the Content, the video player, User Material and any other materials contained on or provided through the Site are provided “AS IS” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, Web Talkies does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the Services will be uninterrupted, free of viruses and other harmful components, accurate, error free or reliable.
- Limitation of Liability: IN NO CASE SHALL, WEB TALKIES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS OF THE SITE OR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIAL, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, EVEN IF ADVISED OF THEIR POSSIBILITY. WHERE THE LAWS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, TVF’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
- Indemnity, Governing Law, Severability, Survival: Indemnity. You agree to defend, indemnify and hold harmless, Web Talkies, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s™ fees) arising from: (i) Your use of and access to the Services; (ii) Your violation of any term of these Terms and Conditions; (iii) Your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; (iv) Your breach of any applicable laws; and (v) any unauthorized, improper, illegal or wrongful use of Your Account by any person, including a third party, whether or not authorized or permitted by you. This indemnification obligation will survive the expiry or termination of these Terms and Conditions and Your use of the Service.
Governing Law. The relationship between You and , Web Talkies 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) , Web Talkies 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. If any provision of these Terms and Conditions is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.
Survival. You acknowledge that Your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law, confidentiality shall survive the efflux of time and the termination of these Terms and Conditions.