Terms and Conditions
Welcome to JioCinema, a premium on demand digital video streaming service owned and operated by Viacom18 Media Private Limited.
This user agreement (“User Agreement”) is an electronic record in terms of Information Technology Act, 2000 ("Act") and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008, and such other applicable amendments, from time to time. This User Agreement is generated by a computer system and does not require any physical or digital signatures.
This is published for access and/or usage of the Service (defined below). Viacom18 provides to the customers of Viacom18, who have subscribed to the Service currently branded as “JioCinema” (including its other variants), access to various entertainment content inter alia, movies, web-series, originals, sports content, live shows and programmes, documentary, docuseries and TV shows, trailers of any upcoming audio-visual content, videos and/or photos of their favourite characters from any audio-visual content, read recaps of serials, international content including viewing schedules of content offered, provide interactive game plays, etc. on or through the Service, and any other features, tools, applications, materials, or other services offered from time to time by Viacom18 in connection with its business, provided on or through the Service (hereinafter collectively referred to as “Primary Content”). The Service may also provide You certain content by integrating services and applications of other audio video streaming platforms (“Partner Content”) and/or provide hosting service to third parties to display and allow access to their content and interactive games etc. (“Third Party Content”). The Primary Content, Partner Content and Third Party Content will hence be collectively called as “JioCinema Content”.
To facilitate Your viewership and access, the Service can be packaged by Viacom18 and made available to You, through different models such as, JioCinema Content or Service may be accessible (a) free of charge which may include advertisements or commercials; or (b) via subscription through payment of a subscription fee as per the relevant subscription plan selected by You; or (c) a pay-per-view model with or without advertisements/commercials or (d) via subscriptions offered by third parties in conjunction with the provision of their own products and services; or (e) with a combination of any, or all of the foregoing.
In this User Agreement, the following terms shall have the meaning as ascribed to them below:
“Service” means the interactive video on demand service provided by Viacom18 currently branded as “JioCinema” and/or its other variants, to Users for accessing and watching JioCinema Content, including all features and functionalities, the application, and user interfaces and software and websites/ web pages associated with the Service, whether accessed via computer, mobile device or other technology, manner or means. For the avoidance of doubt, the term ‘Service’, shall also include all the JioCinema Content available for viewing therein, all of our other services provided on or through the Service, and any software that We make available on or through the Service, unless otherwise specified.
"User" refers to you, a residential subscriber of JioCinema and holding a valid account with JioCinema.
"Viacom18" refers to Viacom18 Media Private Limited, a company incorporated under the Companies Act, 1956, having Corporate Identity No. U92100MH1995PTC095508 and having its registered office address at Zion Biz World, Subhash Road 'A', Vile Parle East, Mumbai 400057, India, which is the owner of all rights in this Service.
All references to "You" and "Your" shall mean the User. All references to "Viacom18", "Company", "We", "Us" and "Our" shall mean Viacom18.
I. REGISTRATION AND CREATION OF ACCOUNT
1. You should at all times while accessing/using the Service (i) be a registered subscriber of JioCinema; (ii) hold a valid Account (as defined below) with JioCinema. You will be required to create an account which will contain personal information such as Your mobile number (“Account”). Your mobile number must be verified by You to proceed further through one-time-passwords.
2. You confirm and warrant that all the data and information relating to creation of Your Account, including without limitation Your email address, mobile number, login-id, password, etc., that You supply (“Registration Data”) is and accurate in all respects. You also agree to promptly update Your Registration Data (including any changes thereto) as necessary, so that Your Registration Data remains accurate at all times.
3. You are responsible for the security and proper use of Your Account details and Registration Data and must take all necessary steps to ensure that they are kept confidential, used properly, and not disclosed to unauthorized people. You are responsible for any use of Your Account and the Registration Data. It is recommended that You do not share Your Account details and/ or Registration Data with any third party. Viacom18 accepts no liability for any losses or damages incurred as a result of (i) Your Account details being shared by You; or (ii) unauthorized access to Your Account by a third party.
4. If You have reason to believe that Your Account details have been obtained by another person without consent or that Your Registration Data or any parts thereof have been compromised or You become aware of any confidentiality breach or any unauthorized use of Your Account, You should contact Viacom18 at firstname.lastname@example.org immediately to suspend Your Account and cancel any unauthorized subscription orders or payments (if any) that may be pending. Please be aware that subscription orders or payments (if any) can only be cancelled up until provision of Services has commenced. In the event that an unauthorized provision commences prior to Your notifying as required under this section I (4) of the unauthorized nature of the order or payment, Viacom18 will suspend provision of Services and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined whether or not to cancel the Services or revalidate Your Account post reverification and revalidation. If Viacom18 reasonably believes that an account and password is being used / misused in any manner, Viacom18 reserves the right to cancel access rights immediately without notice, and block access to all users from that IP address. It is clarified that while Viacom18 shall not be liable for any loss that You may incur as a result of someone else using Your password or account.
5. You agree and understand that You are and will be communicating with Us through electronic media/ records. You acknowledge and specifically consent to receive all communication/ correspondence from (including for any request for feedback regarding the Service and/ or any of the JioCinema Content, information relating to Your account such as payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices, etc.) via electronic records from Us and/ or Our affiliates and partners, periodically and/ or as and when required. We will communicate/ correspond with You via email and/ or any push notification and/ or other form of instant messaging/ short service messaging service(s) and/ or through any other available electronic and internet-based means, to the email address and/ or mobile number and/ or other record(s) available with Us or made available to Us by You at the time of registration, all of which, shall be deemed adequate service of notice / electronic record.
II. ACCESS TO THE SERVICE
1. Some of the JioCinema Content made available on the Service is being provided to You for free and there are no subscription charges for the usage of the Service, provided however, You may still be required to register Yourself and create an Account in order to view the free and/ or the advertisement-supported JioCinema Content. However, the Company reserves the right to adopt any method of monetization through the Service in the future as it deems fit.
2. This Service is offered and made available only to Users above the age of 18 years (or above 21 years of age, where a guardian is appointed as per the Majority Act of 1875) ("Age of Majority").
4. Some of the JioCinema Content offered on the Service may not be suitable for some Users and therefore viewer discretion/parental discretion and guidance, is advised. Also, some JioCinema Content offered on the Service may not be appropriate for viewership by persons below the Age of Majority. If You are under the Age of Majority, You may view the JioCinema Content only with prior consent of Your parents/legal guardians. Parents/legal guardians are advised to exercise discretion before allowing their children and/or wards to access this Service and/or any Material (as defined later). Should any User choose to access such JioCinema Content that is qualified by viewer/ parental discretion, then, it shall be deemed that such User has voluntarily chosen to access such JioCinema Content, because he / she wants to view the same and does not find the said JioCinema Content to be offensive or obscene or indecent or objectionable, and that that such User will exit the Service immediately should he / she be in anyway offended by such JioCinema Content. Age-ratings and content genres for each of the JioCinema Content will be displayed/ made available on the Show Pages tab and You are requested to go through the age ratings and genres prior to exercising Your discretion to watch or permitting Your child/ ward to watch the JioCinema Content or not.
5. This User Agreement, governs Your access of the Service and any data, message, text, image, audio, sound, voice, codes, computer programmes, software, database, micro film, video, information, content, interactive elements/features etc. that You host, publish, share, transact, display, upload and/or engage with.
6. Please note that the availability of the Service is only in India , and Your ability to access, the Service and/ or the JioCinema Content and/ or any parts thereof is subject to: (a) Viacom18’s sole discretion; (b) may be dependent on Your geographical location, for the verification of which, Viacom18 may use technologies and/or other mechanisms; and (c) the condition that not all JioCinema Content or the Service will be available to all viewers. You understand that Your access of the Service and the JioCinema Content may vary depending upon Your device specifications, availability of internet connection, speed, bandwidth, etc. You acknowledge and agree that We will provide You only access to the Service and that You will be solely responsible for all equipment as may be necessary for You to access the internet, mobile and/or other connection, operator and service fees associated with Your access, etc.
7. The quality of the display of the JioCinema Content may vary from 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, based on Your opted Subscription Plan (defined below) or otherwise. HD, Ultra HD and HDR or any other high-resolution content availability is subject to Your internet service, Your opted Subscription Plan (defined below) or otherwise and device capabilities, and We recommend a faster internet connection for display of such higher resolution video formats. Not all JioCinema Content shall be available in all formats, and not all Subscription Plans may allow You to receive JioCinema Content in all formats. The availability of formats shall be subject to change at the discretion of Viacom18, and Viacom18 reserves the right to not provide a format at any time, without any notice.
8. Most of Our JioCinema Content is available for temporary download and offline viewing (only as part of the Service) on certain supported devices ("Offline Views"). Limitations apply, including restrictions on the number of Offline Views per account, the maximum number of devices that can contain Offline Views per account, the time period within which You will need to begin viewing Offline Views and how long the Offline Views will remain accessible for Your account.
9. For the Users who have opted to watch certain JioCinema Content other than for any Subscription Plan will have feature limitation which may include but not limited to the number of devices per User, video resolution, access to mobile only and this can be changed from time to time as per the sole discretion of Viacom18.
10. The Service can be availed through such platforms, software, devices, operating systems, etc., that Viacom18 approves/ authorizes, from time to time ("Compatible System"). In some cases, whether a device is (or remains) a Compatible System may depend on software or platform provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible System at one time may cease to be Compatible System in the future. Subject to compatibility, You may be able to access the Service through mobile phones, smart televisions, tablets and other IP based connected devices, internet enabled devices, and/ or any Compatible System offered by a partner authorized by Viacom18, from time to time.
11. You shall not access or use the Service or the JioCinema Content therein by means of any mechanism or technology which masks, disguises or conceals Your actual geo-location or provides incorrect details of Your location (for example, use a virtual private network (VPN)).
12. You agree that Viacom18 shall be under no liability whatsoever to You in the event of non-availability of the Service or any part thereof, occasioned by any Act of God or force majeure event, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite/ internet failure, failure of any public utility, man-made disaster, or any other cause whatsoever beyond the control of Viacom18.
13. Viacom18 reserves the right to do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Service or to the JioCinema Content, or any part thereof, for any reason; (ii) to modify or change the Service or the JioCinema Content, or any part thereof, and any applicable policies or terms therein; and (iii) to interrupt the operation of the Service, or any part thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes; (iv) issue updates to the Service and/ or any of the Materials, periodically, including improve existing, or add new, functionality and/or features, make reasonable technical changes, ensure the ongoing operability of the Service, or for legal or security reasons, where considered reasonably necessary by Viacom18. You agree that updates and modifications may be carried out or applied automatically, without You needing to take any action. Where an update or modification is not automatic, it will only take effect once installed by You. In some cases, You may be required to update Your device (including software, operating system versions, etc) in order to make such device compatible with such upgrades/ updates, etc. Viacom18 shall not be responsible or liable to You in the event You are unable to access the Service or view the JioCinema Content due to Your failure or inability to update Your device.
14. Anchor Chat feature:
Anchor Chat is an interactive engagement feature made available under the Service for limited content as determined by Viacom18 from time to time. Anchor Chat allows users to participate in chats with the Anchor only and various other features likes quizzes, polls, etc. conducted by the Anchor. You will be, inter alia, able to comment to an Anchor’s comment, use emojis as part of Anchor Chat. Your use of and/or participation in Anchor Chat is subject to this User Agreement in whole.
III. SUBSCRIPTION SERVICES
1. Some of the JioCinema Content made available on the Services, marked and categorized as “premium” can be availed only by registered Users who have opted for any specific subscription plan (“Subscription User”). To become a Subscription User, You may be required to provide certain additional personal information as part of the registration process, and make payment of a Subscription Fee (as defined hereinafter).
2. Viacom18 may offer different kinds of Subscription plans as available on [hyperlink to be inserted] or on the plans page on JioCinema application (“Subscription Plans”), each of these Subscription Plans will be subject to different limitations and restrictions and the cost of each of these Subscription Plans may vary at the sole discretion of Viacom18. The number of devices on which You may simultaneously watch may depend on Your chosen Subscription Plan. Viacom18 may, at its sole discretion, also offer certain features, benefits and value additions, that are over and above the features and benefits specifically made available to You under Your existing Subscription plan, for an additional fee, or otherwise.
3. Some and/ or all of the Subscription Plan(s) offered by Viacom18 may contain advertisements/ commercials included in the JioCinema Content. Some JioCinema Content such as live sporting events/ shows and/or certain other kinds of premier content, when accessed, may show advertisements even where the Subscription Plan selected by You may be an advertisement free plan. Viacom18 reserves the right to offer anytime in the future, various other kinds of Subscription Plans offering completely ad-free and/ or full access to various kinds of premier JioCinema Content, etc, all as determined by Viacom18 at its sole discretion, from time to time. Viacom18 may, at its discretion, also offer some Subscription Plans that may start with a free trial period and in such cases, Viacom18 will charge the Subscription Fee for the next billing cycle as per the Subscription Plan chosen by You, at the end of the free trial period unless You cancel Your Subscription prior to the end of such free trial period.
4. Viacom18 shall have the discretion to make, or not to make certain JioCinema Content that is a part of the Subscription Plan available to You, on more than one end user Compatible System concurrently. Viacom18 reserves the right to change, supplement, alter or remove any of the JioCinema Content that is subject to a Subscription Fee/ Subscription Plan as it deems fit. Viacom18 does not guarantee the availability of a specific JioCinema Content or any minimum JioCinema Content that is subject to a Subscription Fee/ Subscription Plan. Viacom18 reserves the right, at any time, with or without notice and without any liability to: (i) replace or otherwise withdraw any Subscription Packages or JioCinema Content; (ii) change or reduce the number of hours of any JioCinema Content; (iii) blackout any JioCinema Content; (iv) modify the prices for any Subscription Packages or any part of the Service; and (v) change any packaging and introduce base and add-on packages and/or offer channels or any other content on a-la-carte basis or additional fee basis. Third parties that may provide their subscription services on, through or as part of the Service may change or discontinue the features of their services or the content in their services, and Viacom18 is not responsible for the content contained in any such third-party subscription service or the features of these services.
5. It is expressly clarified that any Subscription Plans offered to You on the Service are offered solely by Viacom18 and not by any third party including any payment gateway service providers, unless You have chosen a Subscription Plan to use and access the Service, through a third party (whether as part of an in-app, and/ or bundled offer in conjunction with the provision of their own products and services, or otherwise).
IV. SUBSCRIPTION FEE AND SUBSCRIPTION TERM
1. After successful creation of the Account, You will be required to pay a subscription fee for accessing the Service, depending on one or more of the subscription packages options as made available by Viacom18 from time-to-time (“Subscription Fee”).
2. The Subscription Fees specified for each Subscription Plan are inclusive of applicable taxes.
3. Viacom18 will be using third party payment gateways to process and facilitate the payment of the Subscription Fee. On successful completion of the payment to the Subscription Fee, the Subscription Plan subscribed by You will become active and You will be granted access to the specific premium content categorized under “Subscribe Now” as part of the Service. In certain cases, post completion of the payment to the Subscription Fee, Your Service activation may be delayed due to operational reasons.
4. The Subscription Plans opted by You will be applicable for a specified period (“Subscription Term”) which may be a month, a quarter, six months, one year, or as indicated on the platform, from the date You subscribed the Service. Service shall remain active for the relevant Subscription Term.
5. You can access the status of Your subscription anytime through the “More” section under “Manage Subscription”.
6. Viacom18 reserves the right to change, terminate or otherwise amend the subscription packages, Subscription Fees and billing cycles at its sole discretion and at any time. Such amendments shall be effective upon posting on the Service. Your continued use of the Service shall be deemed to be Your conclusive acceptance of all such amendments. If You do not accept, or do not wish to be subject to such amendments, Your sole recourse shall be to cancel Your membership and discontinue using the Service.
7. In case of revision in the Subscription Fee for a particular membership plan for any extension or renewal period, Viacom18 will give You an advance notice of such revision whether by way of notification on the Service itself or through Your registered e-mail or registered mobile number (as the case may be). Your consent by clicking/checking on the opt-in box and Your continued use of the Service post such notification upon commencement of renewal or extension period, shall be construed as express acceptance of the revised Subscription Fees.
8. To the maximum extent permitted under applicable law, the Subscription Fees billed are non-refundable irrespective of whether the Service have been availed by You or not, and there shall be no refunds or credits for partially used periods and/or unwatched content. Your subscription plan will continue to remain active till the end of the Subscription Term, irrespective of when You cancel the Service. Any request for change or cancellation in any Subscription Plan prior to the expiration of the current Subscription Term period will not entail You to a refund for any portion of the Subscription Fee paid by You for the unexpired period of the current Subscription Term.. Any changes in the subscription plan opted by You is effective only after the expiry of the current Subscription Term for which You have already been billed. Accordingly, the Service as per revised plan opted by You shall be effective only after the expiry of the then current Subscription Term, subject to You making all necessary payments.
9. Post cancellation of Your subscription, if You wish to re-subscribe to the Service, You may do so from “More” section under “Restore Subscription”.
V. TERMS FOR BILLING, PAYMENT & CANCELLATION
1. The Subscription Fee will be billed as per Your selected Payment Method (defined hereunder) for the Subscription Plan selected by You at the time of Account creation/ registration, and such Subscription Fee shall be effective from the beginning of Your Subscription Term or at the end of free trial period (not applicable for subscription through One Time Payment Option (defined hereunder)), as applicable, till the end of the Subscription Term, and on each subsequent renewal automatically (as per the Subscription Plan chosen by You) unless and until You cancel the Service, or the Service is otherwise suspended or discontinued, or the Subscription Plan/ Fee is amended/ modified by Us, pursuant to this User Agreement. To see the commencement date for Your next renewal period or to cancel the Service, You need to visit the “Manage Subscription in the More Section” on Your Service.
2. “Payment Method” shall mean a current, valid accepted payment method and shall include either: (a) the Approved Recurring Payment Options namely (i) Most major Credit Cards, or (ii) Most major Debit cards–; and (iii) In app purchases through the listed third party web-sites/ service providers; or (b) One Time Payment Options (i.e. by way of UPI/Netbanking/Wallet/ Prepaid cards Gift Card/Credit and Debit cards other than Approved Recurring Payment Options, as permitted by Viacom18); or (c) such other payment methods accepted by Viacom, from time to time. The Approved Recurring Payment Options and One Time Payment Options shall be updated from time to time without any further notification. For certain Payment Methods, Your Payment Method service provider may charge You a transaction fee and/ or other charges. We request You to check with Your Payment Method service provider for details.
3. Viacom18 will be automatically billing as per Your Payment Method as Approved Recurring Payment Options for each Subscription Term as per Your Subscription Plan on such day/ period corresponding to Your chosen Subscription Plan. However, if You change Your Subscription Plan, this could result in changing the day/ period on which You are billed and the amount which You are billed. On changing Your existing Subscription plan to another plan, You would be required to pay the difference in rates (on a pro rata basis) for the new Subscription Plan selected and would be billed as per the new Subscription Plan from the next billing / renewal cycle, as the case maybe. The new Subscription Plan will be effective from the date on which You select such new plan and make appropriate payments as necessary.
4. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, You shall be able to access the Service only after You set up the revised Valid Payment Method and subject to receipt of the Subscription Fee by Us.
5. You cannot change Your Payment Method during the tenure of a particular Subscription Term. If Your selected Payment Method is no longer available/ valid, or expires or Your Payment Method fails for whatsoever reason, You authorize Us to continue billing, and You will continue to remain responsible and liable for any uncollected amounts together with all costs incurred by Viacom18 in connection with the collection of these amounts, including, without limitation, collection agency fees, attorney fees, court costs, etc. Without prejudice to the immediately preceding sentence, Viacom18 reserves the right to charge any of the alternate Payment Methods associated to Your Account in case Your primary Payment Method is declined or no longer available to Us for payment, and/ or terminate the Subscription Plan offered to You.
7. You are responsible for the accuracy and authenticity of the information provided by You, including the bank account number/credit card/UPI id details and any other information requested by the payment gateway service provider during the subscription process. You represent and warrant that You have the right to use any of the card details or other payment information that You submit as part of Your chosen Payment Method. Viacom18 further clarifies that We do not receive or collect any of Your financial information including bank account number, credit card and/or debit card number, one-time-passwords sent by Your bank, passwords, bank customer IDs etc., and will not be responsible for misuse of such information by any- one. You agree and acknowledge that Viacom18 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/debit card/banking fraud.
8. You can file any complaint related to payment processing by writing to Us directly on email@example.com and the same will be forwarded to the concerned third party payment gateway provider for redressal.
9. Upon payment through any of the Payment Method and confirmation of receipt of such payment from the payment gateway provider, an electronic invoice may be made available to You.
10. If You have chosen a Subscription Plan to the Service, or are accessing the Service; through/ using Your account/ membership with a third party as a Payment Method and wish to cancel Your Subscription Plan for the Service at any time, You may need to do so through such third party, for example by visiting Your membership/ account with the applicable third party and turning off auto-renew, and/ or unsubscribing from, the Jio Cinema Service through that third party. You understand that the terms and conditions that may apply to You in such cases, may differ and may be as set forth by such third party, and governed by such third party’s applicable policies.
VI. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
The following terms shall have the meaning as ascribed to them below:
1. “Intellectual Property Rights” shall mean all patents, trademarks, service marks, copyrights, database right, trade names, brand names, trade secrets, design rights and similar proprietary rights of Viacom18 and/or its licensors and/or other respective owners, whether registered or unregistered and all renewals and extensions.
2. All rights, title and interest in the Intellectual Property Rights in the Service including without limitation all its constituents, content, text, images, audios, audio-visuals, literary work, artistic work, musical work, computer programme, dramatic work, sound recording, cinematograph film, artistic work, literary work, musical work, a video recording, performance and broadcast as defined under the applicable law, specifications, instructions, abstracts, summaries, audio commentaries/content, copy sketches, drawings, artwork, software, source code, object code, comments on the source code and object code, domain names, application names, designs, database, tools, icons, layout, programs, titles, names, manuals, graphics, animation, games, applications, servers, networks, accounts, user interface instructions, photographs, artist profiles, illustrations, jokes, memes, contests, interactive elements and all other elements, data, information and materials (“Materials”) are the property of Viacom18 and/or its licensors and/or other respective owners and are protected, without limitation, pursuant to relevant Intellectual Property Rights laws of India and the world. Viacom18 retains full, complete and absolute title to the Service and all Intellectual Property Rights therein, worldwide and in perpetuity in all languages. You acknowledge and confirm that all the JioCinema Content available on the Service are protected by copyright, trademark, design, patent, trade secret, and other applicable intellectual property laws and/ or are being exhibited pursuant to appropriate license/ assignment agreements with third parties.
3. The Service including any Materials thereon shall be deemed to be licensed to You by Us on a limited, non-exclusive, non-transferable (except in the case of a parent/legal guardian-minor relationship), non-sub-licensable, non-assignable, revocable basis, only for Your non-commercial, personal, private, residential and lawful use and only for such period as We may, in Our sole discretion, deem appropriate, to view and/or access the Service during the subsistence of Your Subscription Plan, subject always to the terms and conditions set forth under this User Agreement. No right, title or interest in the Service and/ or the Materials and/ or any of the JioCinema Content will be deemed transferred to You pursuant to the aforesaid license. You hereby agree to strictly refrain from any broadcast or public exhibition or communication to public, of the Service and/ or any of the JioCinema Content therein, including without limitation, at any non-residential/ commercial establishments, places of multiple occupation and places of public exhibitions, irrespective of whether the public is charged any admission/ entry fee for such broadcast/ exhibition or for access to such venue or not, or if such exhibition is being done pursuant to any sponsorship/ merchandising/ barter or any other commercial arrangement or whatsoever nature. These shall include, without limitation: (a) hotels, motels, bars, pubs, cafes, restaurants, resorts, spas, gymnasiums, stadiums, sporting complexes; (b) schools, universities and other educational institutions, social and religious institutions, places of worship, non-governmental organizations, charitable institutions, embassies, consulates, government offices & buildings, civic organizations, consulates, embassies, hospitals, clinics, libraries, shut-ins, prisons, convents, parks, beaches, gardens, orphanages, military barracks & installations or like establishments and public places; (c) business houses/ offices, factories, industrial establishments, oil rigs, commercial shops, co-working spaces, etc; (d) all modes of public transportation including through sea, air and surface transport, ports, stations, stops, depots, waiting rooms, lounges, etc; the hostels, dormitories, communal living establishments, serviced apartments, etc; (f) cinema halls, screening centers, public auditoriums, film festivals, cultural events, etc. It is expressly clarified that the license granted to You as aforesaid, and the Subscription Plan chosen by You, specifically exclude the right to broadcast or publicly exhibit or communicate to public, of the Service and/ or any of the JioCinema Content therein at all such places/ venues, in any manner whatsoever. You shall not permit any third party to benefit from the use or functionality of the Service, either directly or via any facility management, timesharing, service bureau or any other arrangement. In case You violate any of the aforesaid conditions, Viacom18 reserves the immediately terminate Your Account and Subscription, in which case, there shall be no refund of the Subscription Fee or any part thereof already paid by You. This shall be without prejudice to any other rights and remedies available to Viacom18 under this User Agreement or applicable law, or otherwise.
4. You shall not and shall not attempt to use, reproduce, redistribute, sell, offer on commercial rental, decipher, decompile, reverse engineer, disassemble, adapt, communicate to the public, make a derivative work, interfere with the integrity of the Service and/ or the JioCinema Content and/ or any parts thereof (including without limitation the software, coding, constituents, elements, Materials, etc.) in any manner whatsoever. You hereby agree to refrain from further streaming or making available the JioCinema Content provided on the Service to any other person(s), or in any manner communicate such JioCinema Content to the public.
5. You expressly confirm not to or attempt to, directly or indirectly, copy, download, capture, reproduce, modify, edit, re-edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, upload, publish, duplicate, archive, distribute, circulate, communicate to the public, disseminate, broadcast, transmit, re-transmit, sell, rent, lease, lend, assign, license, sub-license, disassemble, decompile, reverse engineer, frame or de-link, interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access, market, promote, circulate, exploit, digitally alter or manipulate the Service and/or the JioCinema Content and/ or any parts thereof (including any and all Materials therein) (in whole or in part) in any manner, medium or mode now know or hereinafter developed, either directly or through the use of any device, software, internet site, web-based service, or other means.
6. You acknowledge and agree not to either directly or through the use of any device, software, internet site, web-based service, or other means, remove, alter, bypass, avoid, interfere with, violate, or circumvent: (i) any patent, trade secret; copyright, trademark, or other proprietary notice marked on the JioCinema Content and/ or (ii) any digital rights management mechanism or device implemented by Viacom18; and/ or (iii) any content protection or access control measure associated with the JioCinema Content, including geo-filtering mechanisms; privacy; publicity; or other proprietary rights under applicable law. You shall, at all times, abide by all copyright notices, information, and restrictions contained in or associated with any of the JioCinema Content.
VII. USER MATERIAL & OTHER CONDITIONS REGARDING THE USE OF THE SERVICE
1. The Service may allow Users to publish content, data, information, text, images, videos, audios, audio-visuals, User’s opinion, recommendation, advice, view, etc. either developed solely by the Users on their own, and/ or in combination with any preinstalled template content/ key art, title treatment, clips, stills, music tracks or other components/ materials provided by Viacom18 (such final materials so created by the User hereinafter collectively referred to as the “User Material”). The User acknowledges and confirms that the User Materials posted may be publicly displayed and available to all other Users who are engaging with the corresponding relevant topic/ discussion. The User Material does not reflect the views of the Company and are solely and exclusively the views of the respective User who has posted such User Material(s). In no event shall the Company be held responsible for any User Material, neither does the Company endorse or recommend any User Material, nor shall the Company be liable for any loss or damages resulting from publishing of the User Material on the Service.
2. By submitting a User Material, You grant the Company a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license to use, and authorize others to use the User Material in whole or in part, in any and all media, now known or hereinafter developed, including rights to use and/ or commercially exploit the User Material in isolation or in combination with any other material in any manner, including for the purposes of promotion. You agree that in such circumstances, You are not entitled to any intimation or compensation from the Company. Notwithstanding any of the broad rights and licenses granted by You as aforesaid, You acknowledge and understand that nothing contained herein shall obligate Viacom18 to host, distribute, display or otherwise exploit any of Your User Materials or exercise any other rights granted to Viacom18 under the license.
3. The Company will have the right but no obligation to by automated means, or manually monitor, screen, moderate, reject, remove, take down, disable, suspend, destroy, use, edit and change any User Material and/or content that is available on or via any chat area on the Service generally, if any, in any manner that the Company may its sole discretion determine, at any time, and the Company’s decision in this regard will be final and binding on all Users and the Company shall not be responsible or liable for any claims regarding the exercise of the Company’s discretion in this regard.
4. In the event the Company hosts or puts up any reviews of any movies or programs, whether third party or own content or other such views, then the views shall demonstrate only the author’s views and not the views of the Company.
5. By posting User Material on the Service, You undertake, represent and warrant to the Company that: (a) the User Material is original; (b) does not infringe the legal rights of any third party including without limitation Intellectual Property Rights, privacy rights, moral rights, etc; and (c) is not defamatory, derogatory or abusive or malicious or hurtful to any person, particular entity, groups, caste, religion, race or community or seditious or pornographic or vulgar or sexist or political in nature or in violation of any applicable laws, and the terms of this User Agreement. You acknowledge and confirm that 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 Material, and that Viacom18 will not be responsible for such obligations. You acknowledge and agree that You have no right or interest in any of the revenue generated from the monetization of Your User Materials or any parts thereof in any manner by Viacom18.
6. You agree, covenant and undertake that You shall NOT host, display, upload, modify, publish, transmit, update or share any User Material, and any other data, information, content or message, or use/ access the Service in any manner or do any act or thing that inter alia:
a. belongs to another person and to which You do not have any right to;
b. is grossly harmful, harassing, blasphemous, defamatory, derogatory, discriminatory, obscene, pornographic, pedophilic, abusive, libelous, tortious, obscene, vulgar, invasive of another’s privacy, hateful, or racially/ ethnically objectionable, gender biased, bigotry, or based on rumours or fake news, out of context comments, misleading, disparaging, relating or encouraging money laundering or gambling, fraudulent, or otherwise unlawful/ illegal in any manner whatever;
c. depicts women in an inappropriate or derogatory manner or harms or exploits or endangers minors and/ or any other persons in any way;
d. infringes any patent, trademark, copyright or other proprietary rights or intellectual property rights;
e. violates any applicable national or international laws, regulations, rules and/or guidelines;
f. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature, or is patently false and misleading in nature but may reasonably be perceived as a fact;
g. impersonates or attempts to impersonate another person or entity;
h. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
i. disrespects and/ or threatens the unity, national interest, harmony, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation/country or any other matters which are perceived to be not in the interest of the general public;
j. is offensive or has menacing character or are distasteful;
k. causes annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, inciting violence or threatening;
l. causes annoyance or inconvenience or is intended to deceive or to mislead the addressee or recipient about the origin of such messages.
m. contains potentially objectionable subject matter such as criminal behaviour, illegal activities, nudity, sex, profanity, excessive violence, etc.
7. You further undertake that You shall not use the Service to inter alia:
a. violate the privacy right or personal right or confidential information of any person;
b. commit an act which could be construed as an act of cyber terrorism;
c. solicit, collect, store and/or identify private/personal information of any user or person;
d. facilitate personal attacks on other individuals, entity, groups, caste, religion, race or community;
e. stalk or otherwise harass another person or user;
f. upload, post or e-mail or otherwise transmit any content that You do not have a right to transmit under any law or under contract, including without limitation, any content or details of another person without that person’s consent;
g. upload, post or e-mail or otherwise transmit any content that infringes privacy rights, intellectual property rights or other third-party rights of any person or party;
h. upload, post or e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk- mail, bulk messages, flood, spam, chain-letters, pyramid schemes or any other form of solicitation of any kind;
i. Introduce or engage in activity that involves the use of, or upload, post or e-mail any content that contains, computer viruses, adware, malware, spyware, timebombs, cancelbots, trojan horses, software disabling codes, bots, worms, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, devices, platforms or telecommunications equipment and/or the Service, or any automated system such as scripts, robots, spiders, scrapers or offline readers in order to collect or disseminate usernames, passwords, email addresses or other data from the Services, or to circumvent, delete, deactivate, decompile, reverse engineer, disassemble or modify any security technology or software that is part of the Services, or to access, index, frame, or link to the Service (including the JioCinema Content) that is not authorized by Viacom18, and/ or otherwise permit the unauthorized use of or access to the Service and the JioCinema Content;
j. interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Service, including the Company’s servers, networks or accounts;
k. disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Service are able to type, or otherwise act in a manner that adversely affects other users’ ability to engage in real time exchanges;
l. cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Service and/ or the JioCinema Content;
m. delete or revise any information provided by or pertaining to any other user of the Service;
n. promote and/or generate revenue for Yourself and/or any third-party business activity or engaging in any commercial activity (including sweepstakes, barters, contests, etc) or advertising or promoting competing services, without Viacom18’s consent;
o. carry out any activity that is prohibited under the Act, including under Section 43, etc. and/or under any other applicable laws, rules or regulations, including usage of the Services in a manner inconsistent with applicable laws or this User Agreement;
p. post unauthorized commercial communications and including advertisements; and/or
q. manipulate or morph or alter or exploit any other User’s User Material and/ or any part of the Service and/ or the JioCinema Content;
r. adversely affect or reflect negatively upon or harm the goodwill or reputation of Viacom18 or any of its affiliates, or the Service, or any of the JioCinema Content;
s. use any data mining, data gathering or extraction method;
t. provides instructional information about illegal activities such as making or buying illegal weapons or providing or creating computer viruses, hacking, etc;
u. probe, scan or test the vulnerability of the Service or any network connected to the Service nor breach the security or authentication measures on the Service or any network connected to the Service, or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or any systems or networks connected to the Service;
v. Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.
8. You hereby confirm that the Company has the right to determine whether any content, data or information published by You on the Service is appropriate and complies with this User Agreement, and accordingly remove any and/or all of Your User Material and terminate Your access without prior notice. This shall be without prejudice to any other rights and remedies that the Company has under law and/or in equity and/or under this User Agreement.
9. If You submit any User Material on the Service, You shall be deemed to have waived any legal and/ or equitable rights & remedies, and such other right, interest and ownership in the User Material and deemed to have put the contents of the User Material in the public domain, making it open to re-use, reproduction, distribution, communication to the public, adaptation, etc. You understand the risks associated with publishing User Material on the Service and agree that the Company shall not be responsible or liable for any digital alteration, manipulation, morphing, illegal exploitation, etc. of any User Material posted by You. You acknowledge that the User Material is not confidential and that You have no expectation of confidentiality and/ or privacy in it. You further acknowledge and confirm that Viacom18 and/ or any of its affiliates may already have projects under consideration that are similar to Your User Materials or may independently develop projects that are similar to Your User Materials, or that other materials transmitted by other users of the Service may be similar or the same as Your User Materials. Because of the viral nature of social media, You should not submit any User Materials containing any content or information that You do not want to be used, viewed and shared and/ or otherwise distributed/ exploited by other parties, including Viacom18.
10. You further agree that the Company shall not be responsible or liable to You for any kind of claims, damages, outrage, threatening, defamatory, derogatory, obscene, offensive or illegal conduct/ comments/ posts/ responses by other users or any infringement of Your intellectual property rights, privacy rights, personal rights, etc. by other users of the Service pursuant to any User Material posted by any of the Users.
VIII. CONTESTS AND PROMOTIONS
Any and all contests, promotions, surveys and campaigns hosted or conducted on the Service, including Your participation therein, maybe subject to separate contest terms and conditions and/ or further terms and conditions, as applicable and as may be specified from time to time (“Contest T&Cs”) and You are requested to read the Contest T&Cs as well as User Agreement before participating in the same and upon participation it shall be deemed that the participant has read and understood the Contest T&Cs. User Agreement are deemed incorporated by reference into Contest T&Cs provided in respect of a particular activity, unless otherwise specified.
If You have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of Service for access to a subscription (“Code”), separate terms and conditions presented to You along with the Code may also apply to Your access to the Service and You agree to comply with any such terms and conditions. You may also purchase access to a subscription through a third party. In such cases, separate terms and conditions with such third party in addition to this User Agreement may apply to Your access to the Service.
IX. DISCLAIMER AND LIMITATION OF LIABILITY
1. BY ACCESSING AND/OR USING THE SERVICE, YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS DISCLAIMER. YOU AGREE THAT YOUR ACCESS TO THE SERVICE IS AT YOUR SOLE RISK AND AT YOUR FREE WILL.
2. THE SERVICE AND ALL MATERIAL THEREIN CONTAINED ARE DISTRIBUTED AND TRANSMITTED BY VIACOM18 ON “AS IS" AND “AS AVAILABLE” BASIS AND “WITH ALL FAULTS”. VIACOM18 AND ITS AFFILIATES, ASSOCIATES AND GROUP COMPANIES, THEIR RESPECTIVE DIRECTORS, KEY MANAGERIAL PERSONNEL, EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUB-CONTRACTORS, CONSULTANTS AND THIRD-PARTY PROVIDERS DISCLAIM ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY, FITNESS, MERCHANTABILITY, AVAILABILITY, QUALITY, FITNESS FOR ANY PURPOSE, FREE FROM DEFECTS, FAULT TOLERANCE, NON-INFRINGEMENT, COMPATIBILITY AND/OR SECURITY.
3. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INFECTION OR CONTAMINATION OF YOUR SYSTEM OR DEVICE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR ANY CONNECTED SERVICE AND DO NOT WARRANT THAT THE SERVICE, THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE OR ANY CONNECTED SERVICES ARE FREE FROM VIRUSES, TROJAN HORSES, WORMS, SOFTWARE BOMBS OR SIMILAR ITEMS OR PROCESSES OR OTHER HARMFUL COMPONENTS AND/ OR FOR ANY UNAUTHORIZED ACCESS TO OR USE OF VIACOM’8'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN.
4. WE ARE NOT RESPONSIBLE OR LIABLE FOR INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SERVICE OR ANY CONNECTED SERVICE OR WITH RESPECT TO THE MATERIAL AND USER MATERIAL THEREON AND DO NOT WARRANT THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS; AND WE DO NOT WARRANT THAT THE SERVICE, OR ANY CONNECTED SERVICE, LINKED MICROSITES, ANY MATERIALS, THIRD-PARTY CONTENT, SERVICES OFFERED WILL BE UNINTERRUPTED OR ERROR FREE OR ACCURATE OR SUIT YOUR PURPOSE.
5. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE (OR ANY PARTS THEREOF).
6. INDUSTRY STANDARD EFFORTS ARE MADE TO KEEP THE SERVICE RUNNING SMOOTHLY. HOWEVER, VIACOM18 TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, THE SERVICE BEING UNAVAILABLE DUE TO ANY REASONS.
7. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, FITNESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL AND USE OF AND ACCESS TO THE SERVICE OR ANY CONNECTED SERVICE RESTS SOLELY WITH YOU.
8. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, VIACOM18, ITS AFFILIATES, ASSOCIATES AND GROUP COMPANIES, AND THEIR RESPECTIVE DIRECTORS, KEY MANAGERIAL PERSONNEL, EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUB-CONTRACTORS, CONSULTANTS AND THIRD-PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY LOSS AND/OR DAMAGE AND/OR CLAIMS OF ANY KIND (WHETHER IN CONTRACT, TORT OR BREACH OF STATUTORY DUTY OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE SERVICE AND/OR MATERIALS AND/OR USER MATERIAL AND/OR ANY CONNECTED THIRD PARTY WEBSITE AND/ OR ANY USE & ACCESS OF THE SERVICE AND/ OR THE JIOCINEMA CONTENT BY YOU, INCLUDING WITHOUT LIMITATION:
A. INDIRECT OR CONSEQUENTIAL LOSS;
B. LOSS OF PROFITS OR REVENUE OR SAVINGS OR OTHER ECONOMIC LOSS;
C. INCIDENTAL, DIRECT, OR SPECIAL LOSS OR PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES;
D. LOSS OF OR DAMAGE TO DATA;
E. LOSS OF BUSINESS, REPUTATION OR GOODWILL; AND/OR
F. LOSS OF USE; AND/OR
G. WASTED OR LOST MANAGEMENT TIME;
H. ANY ERRORS OR OMISSIONS IN THE SERVICE AND/ OR ANY JIOCINEMA CONTENT AND/ OR ANY MATERIAL;
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE.
9. WHEN YOU SHARE YOUR PASSWORD OR ALLOW A THIRD PARTY TO ACCESS YOUR ACCOUNT, YOU AGREE TO REMAIN RESPONSIBLE FOR COMPLIANCE WITH THIS USER AGREEMENT BY ANY SUCH THIRD PARTY. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD OR FOR ANY ACTIONS OCCURRING UNDER YOUR PASSWORD.
11. IF YOU ARE DISSATISFIED WITH THE SERVICE OR WITH THIS USER AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING OR USING THE SERVICE.
XI. THIRD PARTY WEBSITES
1. This Service or some parts thereof, may contain links to other websites, applications, widgets, software, services that may or may not interact with the Service, etc., that are owned and operated by third parties who are not related to Viacom18 (collectively, "Third-Party Websites"). Third-Party Websites are not under the control of Viacom18 and Viacom18 shall not be responsible for the content and/ or practices of any Third-Party Websites or any hyperlink contained in a Third-Party Websites and makes no representation or warranty with respect to the content of any such Third-Party Websites. Viacom18 does not endorse or sponsor such Third-Party Websites (including the content, advertising or other material on such Third-party Websites) and shall not be liable for any representations or warranties or obligations made by such Third-Party Websites to You under contract or law or otherwise.
3. The Service may contain third party advertisements, promotions, etc. in the form of in-show integrations, branded content (titles) and integrated logo units carrying logos of advertisers in India (that may or may not contain embedded hyperlinks or referral buttons to Third-Party Websites). The display of such advertising does not in any way imply an endorsement or recommendation by Viacom18 of the relevant advertiser, its products or services or any such Third-Party Website. You must refer directly to the relevant advertiser for all information regarding the advertisement, the advertiser and its products and/or services. Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between You and such third party advertisers. Viacom18 accepts no responsibility for any advertisements (including the products and services so being advertised) or any third-party material posted on the Service or for any interaction between You and the relevant third party and expressly disclaims, and is released from any liability arising out of or in any way connected with such advertisements and/ or interaction and/or any defects, deficiencies, claims, etc. arising out of an advertiser’s products and/or services.
XII. NOTICE & TAKE DOWN PROCESS
1. Except to the extent mentioned in Clause XIII below, if You believe that the Service contains any data, information, content or material that could be in violation of any of the terms and conditions of this User Agreement or any applicable law of the Act or rules thereunder, You may notify Viacom18 by addressing Your e-mail to the support team of the Service on the e-mail ID firstname.lastname@example.org. By doing so, please remember that You are initiating a legal process. Do not make false claims. Misuse of this process may result in the suspension of Your account and/or other legal consequences. Please note that this provision shall be governed by applicable laws in India including relevant provisions of the Act. You may seek independent legal advice with respect to this legal procedure at Your sole cost, expense and consequences.
2. Viacom18 shall take-down any data, information, content or material only upon receiving actual knowledge from a court order or on being notified by the appropriate government or its agency that unlawful acts relatable to Article 19(2) of the Constitution of India, would be committed if the said data, information, content or material is not deleted from the Service.
3. Viacom18 will consider all communications, requests and suggestions sent by You and other members of the public provided that such communications are sent in a bona fide manner in good faith in the interest of the Service and public good, but reserves the right (without the obligation of doing so) to act on any such communications, requests and suggestions or respond to anyone or take-down any data, information, content or material, without notice to User and without any liability either to Viacom18 or its directors, key managerial personnel, officers, employees, that Viacom18 in its sole discretion determines to be in violation of any of the terms of this User Agreement and/or in violation of any applicable provision of the Act or rules thereunder. The aforesaid rights of Viacom18 shall be without prejudice to other rights and remedies available under the law and/or equity. Viacom18’s decision with regard to the aforesaid, shall be final.
XIII. CONTENT COMPLAINTS
If You wish to register any compliant with respect to any of the JioCinema Content on the Service, please contact Us at email@example.com. For more information, please visit https://help.jiocinema.com/articles/termsandconditions/contentcomplaints/641d382892cd636d4c10983e
If You have any queries with respect to the Service, then address Your e-mail to “The Support Team” on the e-mail ID firstname.lastname@example.org
XVI. CHANGES TO THIS USER AGREEMENT
We reserve the right, at Our sole discretion, to update, change, modify, supplement, include additional rules & policies, and/ or otherwise alter this User Agreement (“Revised User Agreement”) at any time for many reasons including but not limited to legal, regulatory, security etc., with or without notice (to the maximum extent permissible under law). Such Revised User Agreement will be posted on the Service and shall become effective immediately after such posting. We recommend that You periodically check the Service and review this User Agreement from time to time, to become aware of any changes and/ or modifications hereto. If You do agree to any such changes and/ or modifications, and/ or do not wish to be subject to Revised User Agreement, Your sole recourse will be to cancel Your membership and discontinue using the Service. Your continued use of the Service following the posting of changes and/or modifications shall constitute Your acceptance of any Revised User Agreement.
1. This User Agreement contain the entire understanding between You and Viacom18 and supersedes all prior understanding between the User and Viacom18 in respect of the User's access and/or use of the Service.
2. The relationship between Viacom18 and You is on a principal-to-principal basis. You are in no way Viacom18’s legal representative, partner or agent for any reason whatsoever.
3. If any provision of this User Agreement is found to be illegal, invalid or unenforceable, then to the extent to which such provision is illegal, invalid or otherwise unenforceable, it shall be severed and deleted and the remaining provisions shall survive and remain in full force and effect and continue to be binding and enforceable.
4. You confirm that Your representations, warranties, undertakings and covenants, 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 User Agreement.
5. Any express waiver or failure to exercise promptly any right under this User Agreement will not create a continuing waiver or any expectation of non-enforcement.
6. You agree that Viacom18 shall be under no liability whatsoever to You in the event of non-availability of the Service or any portion thereof occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, network failures, server failures, failure of any public utility, terrorist attack, network maintenance, Service maintenance, server maintenance, or any other cause whatsoever beyond the control of Viacom18.
7. Unless otherwise specified, the Service is presented solely for the territory of Indian for the purpose of entertainment and promoting programs. Viacom18 makes no representation that the Service is appropriate or available for use in locations other than India.
10. These User Agreement shall be governed by and construed in accordance with the laws of the India and be subject to the exclusive jurisdiction of the Courts at Mumbai, without giving effect to any principles of conflicts of law.