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Terms of Use

PLEASE READ. YOUR USE OF THIS SITE IS SUBJECT TO THESE TERMS OF USE AND OUR PRIVACY POLICY. BY USING THE SITE, YOU CONSENT TO THE COLLECTION AND USE OF YOUR DATA IN ACCORDANCE WITH OUR PRIVACY POLICY.

 

These Terms of Use ("Terms") apply to the websites, web pages, interactive features, applications, widgets, blogs, social networks, social network "tabs," alternative reality worlds or features, or other online or wireless offerings that post a link to these Terms, whether accessed via computer, mobile device or other technology, manner or means (each, a "Site," and collectively, the "Sites"). The Sites are offered by WatchTM or other companies associated with WatchTM (collectively, “WatchTM," or "we", "us", "our"). These Terms govern your rights and responsibilities in connection with the particular Site you are using (referred to sometimes as "the" Site). The term Site includes the content on that Site, all of our services provided on or through that Site (the "Site Services"), and any software that we make available on or through that Site (the "Software"), unless otherwise specified. You "use" the Site anytime you access (via computer, mobile device or other technology), view, link to or from, or otherwise interact or communicate with or connect to, the Site (or any parts thereof) or interact or communicate with other users through the Site (including, without limitation, on message boards, chat rooms and/or other communities established on the Site). Your use of the Site (or any part thereof) signifies your agreement to be bound by these Terms and the WatchTM  Privacy Policy (the "Privacy Policy"), which is hereby incorporated by this reference into these Terms. These Terms constitute a legally binding agreement between You and WatchTM  regarding your use of the Site and the services that allows for the distribution and reception of video, audio, and other content through such Site. Do not use the Site if you do not agree with any of the terms contained herein. By accessing the Site Service and/or by clicking “I agree”, You agree to be bound by these Terms. You hereby represent and warrant to WatchTM  that you are at least eighteen (18) years of age and/or otherwise capable of entering into and performing legal agreements, and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the Site Service, they may do so only with the involvement of a parent or legal guardian, under such person´s account and otherwise subject to these Terms. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member / utilize the Site Service. Given the nature of the Internet, even though the Site is ordinarily (but not always) targeted to Indian ("India") residents, it may be accessed in other parts of the world. If you are not a Indian resident and yet use the Site, you acknowledge, understand and agree that you are doing so on your own initiative and at your own risk and that it is your responsibility (and not ours) to make sure that your use of the Site complies with all applicable local laws in the jurisdiction from where you access or use the Site.

 

WatchTM  reserves the right at its sole discretion, to change, modifies and/or adds to these Terms or to the Privacy Policy, in whole or in part, at any time. Changes to these Terms or the Privacy Policy will be effective when posted. You agree to review these Terms and the Privacy Policy periodically to become aware of any changes. Your use of the Site or any part thereof after any changes to these Terms or the Privacy Policy are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby. If you object to any such changes, your sole recourse will be to stop using the Site. Your use of certain Site features, functionality, programs or Services (including, without limitation, contests, sweepstakes, promotions, wireless marketing opportunities, photo or video or other User Submissions (as defined below) uploading/posting opportunities, RSS feeds, etc.) offered on or through the Site may be subject to additional or special terms and conditions ("Special Rules"), and before you use any such features, functionality, programs or Services you may be required to indicate your acceptance of such additional Special Rules. All Special Rules are incorporated into these Terms as if fully set forth herein.

 

OWNERSHIP; RESTRICTIONS ON USE

The content of the Site and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by WatchTM  and/or its licensors 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 content and/or any portion thereof, except: (i) with respect to your own User Submissions (excluding any materials - e.g., key art, title treatment, clips, stills, music tracks, etc. - used in your User Submissions that may have been licensed to you by WatchTM  for use in your User Submissions, for example in connection with a contest or other program or feature offered on the Site (such content referred to as the "WatchTM  Licensed Assets")); and/or (ii) to the extent of your limited rights to use the Site for certain personal (non-commercial) purposes, as set forth below in the section titled  LICENSES GRANTED TO YOU, subject to the conditions set forth in the YOUR RESPONSIBILITIES section below and the other terms and conditions of these Terms. Except in connection with your own User Submissions (and then only to the extent you control them), or unless expressly authorized by WatchTM  pursuant to these Terms or otherwise, you agree not to copy, reproduce, duplicate, stream, capture, access through technology or means other than those provided on the Site, 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, translate, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the Site 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 WatchTM  and/or its licensors (including, without limitation, other Site users who have submitted their own User Submissions) 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  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, the following limited, revocable, non-exclusive, non-transferable, non-assignable, worldwide, royalty-free rights and licenses (each a "License"):

a. The License to access, view and otherwise use the Site (including, without limitation any Site Services provided on or through the Site) for your personal (non-commercial), lawful use only, as intended through the customary and authorized functionality of the Site;

b. The License to stream Site content using any of the widgets and/or other digital streaming Internet video players, if any, provided on the Site (any such widget or other digital streaming Internet video player referred to as a "Site Widget") for your personal, lawful use only;

c. The License to cut and paste certain code expressly made available to you through the Site (whether such functionality is designated as "sharing" functionality or not) in order to embed, re-publish, maintain, and/or display the specific Site 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 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;

d. 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;

e. if the Site includes a "Send to Friend" or similar tool that allows you to initiate and send to one of your friends an email communication that includes Site content, and the tool is operational, the License to use the tool to request that the Site's servers convey your message to your friend;

f. if the Site includes a "Download" link next to a piece of Site content (including, without limitation, an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), the License to download a single copy of such content to a single computer, mobile or other permitted device for your personal, non-commercial use only;

g. the Site also includes a “watch later” tool that enables you to select a particular content which get saved into your watch list and the same can be viewed later.

h. if the Site 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 in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that (i) by allowing you to download the Software, WatchTM  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 WatchTM  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 WatchTM ; (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; and (v) because the laws and regulations of the India restrict the export and re-export of commodities and technical data of India origin, including the Software, you will not export or re-export the Software in any form in violation of the laws of India or any foreign jurisdiction;

The License to obtain a registered personal account (and/or related username and password) on the Site and interact with other Site users as part of Site-based chat rooms, message boards, social media networks, online multiplayer games and/or other activities or similar Services offered on the Site; and

The License to use any other functionality expressly provided by WatchTM  on or through the Site for use by users, subject to these Terms (including, without limitation, functionality to create and/or Submit User Submissions).

 

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:

a. 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;

b. you will not embed, re-publish, maintain and/or display any Site 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;

c. 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;

d. 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;

e. 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;

f. you will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Site (or any parts thereof);

g. you will abide by all copyright notices, information, and restrictions contained in or associated with any of the Site content;

h. you will not remove, alter, interfere with or circumvent any copyright, trademark, watermark, or other proprietary notices marked/displayed on Site content, Software or Site Services;

i. 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 geofiltering and/or encryption) associated with Site content;

j. you will not use any of the rights granted to you or any of the Site content or Site Services in a manner that suggests an association with any of WatchTM 's products, services or brands, unless otherwise specifically permitted by WatchTM ;

k. you will not use bots, spiders, offline readers or other automated systems to access or use the Site in a manner that sends more request messages to the Site'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 WatchTM '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;

l. you will not knowingly transmit any material that contains adware, malware, spyware, software viruses, timebombs, cancelbots, 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;

m. you will not do anything that is likely to adversely affect or reflect negatively upon or harm the goodwill or reputation of WatchTM  or any of its affiliates, or the Site, or any of the content running or being promoted on the Site (including, without limitation, any movie, television program or other initiative);

n. you will not do anything on the Site that would prevent other users' access to or use of the Site or any part thereof;

o. you will be responsible for maintaining the confidentially of any username or password associated with access to the Site (including, without limitation, in those instances in which the Site 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

p. you will use the Site and the Licenses at all times in compliance with these Terms and all Applicable Laws.

 

USER SUBMISSIONS; GRANT OF LICENSE TO WatchTM ; YOUR WARRANTIES AND REPRESENTATIONS

The Site may enable you to send, post, upload, transmit through webcam or similar functionality or otherwise submit to the Site (including, without limitation, by allowing you to provide the URL of where a particular piece of your content resides), or otherwise display or exchange (including, without limitation, with other Site users) on or by means of the Site to other destinations, such as social networking pages (including, without limitation, to your Personal Social Media) (collectively, "Submit"), your videos, textual comments, photographs, images, or other creative works and/or other personal media content and your ideas, opinions, feedback, and other information, (collectively, your "User Submissions"), and such User Submissions will generally be available to all users of the Site or to others using the destinations (such as for example social networking pages) where you have submitted your User Submissions. By Submitting your User Submissions on or by means of the Site you expressly acknowledge and agree that you and only you will be responsible for the content of your User Submissions and for any consequences that may arise therefrom. Except as may otherwise be provided in any Special Rules, it is not WatchTM 's regular, established practice to monitor, control, or have knowledge of the User Submissions Submitted using the Site, but WatchTM  may do so in its sole discretion. When you Submit (or attempt to Submit) your User Submissions on or by means of the Site, you automatically grant to WatchTM  and its affiliates, an irrevocable, perpetual, worldwide, unconditional, unrestricted, fully-paid, royalty-free, transferable, fully sub-licenseable to multiple tiers of sub-licensees, non-exclusive right and license (the "WatchTM  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), store, transcode, host, cache, maintain, broadcast, webcast, mobilecast, 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 deWatchTM ery technology now known or hereinafter devised, for any purpose, as determined solely in WatchTM '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 WatchTM  License shall survive in perpetuity in accordance with its terms regardless of whether you stop using the Site or WatchTM  terminates your access to the Site.

 

NOTHING CONTAINED HEREIN SHALL BE DEEMED TO TRANSFER TO WatchTM  OR TO ANY OF ITS AFFILIATES ANY OWNERSHIP RIGHTS IN AND TO YOUR USER SUBMISSIONS, PROVIDED, HOWEVER, THAT WatchTM  AND/OR ITS AFFILIATES AND/OR ITS LICENSORS WILL RETAIN SOLE AND EXCLUSIVE OWNERSHIP OF ANY OF THE WatchTM  LICENSED ASSETS (IF ANY) INCLUDED IN YOUR USER SUBMISSIONS. EVEN THOUGH BY SUBMITTING YOUR USER SUBMISSIONS YOU ARE GRANTING TO WatchTM  THE BROAD RIGHTS AND LICENSES SET FORTH ABOVE, YOU ACKNOWLEDGE AND UNDERSTAND THAT NOTHING CONTAINED HEREIN SHALL OBLIGATE WatchTM  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 WatchTM  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) WatchTM  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 WatchTM  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 WatchTM  the WatchTM  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 WatchTM  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, 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, violative of any Applicable Laws or these Terms, or violative 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 WatchTM  upon WatchTM 's request.WatchTM  is not responsible for any loss, theft or damage of any kind to any User Submissions. You acknowledge that WatchTM  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 WatchTM  (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 WatchTM  in its sole discretion. WatchTM  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 WatchTM  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 Site Services, features or functionality available on or through the Site). WatchTM  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 WatchTM  or any of its affiliates. WatchTM  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 WatchTM  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 WatchTM  may maintain copies for archival purposes. WatchTM  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 SPE’s 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 App 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, which would be evident from the CBFC certificate displayed. Such content may include graphic visual depictions and descriptions of activities that may NOT be accessed by anyone who has not attained the age of majority. Should users choose to access such adult content, users shall be making the following representations:

a. 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;

b. 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;

c. that by viewing any part / portion of content certified “A” by the CBFC available on the application, the user agrees that the user shall not hold the owners of the application or its employees responsible for any said materials;

d. that the user will exit this site immediately should he / she be in anyway offended by the adult nature of the content;

e. 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 IS AT YOUR SOLE RISK. THE SITE (AND ANY PORTION OF THE SITE) IS PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WatchTM  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 WatchTM  nor any of its affiliates make any warranties or representations about the accuracy or completeness of content available on or through the Site or the content of any Web sites, Personal Social Media or other Internet or mobile resources linked to the Site 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 (or any parts thereof); (iii) any unauthorized access to or use of SPE's secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site (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 content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or by means of the Site and/or otherwise through your or any other Site users' exercise of any rights under any of the Licenses granted by WatchTM  herein. WatchTM  reserves the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access to any portion of the Site (including, without limitation any of the Site Services).

 

LIMITATION OF LIABILITY

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL WatchTM  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 OR ANY PARTS THEREOF.

 

EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent WatchTM  may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of SPE's liability shall be the minimum permitted under such applicable law.

 

INDEMNIFICATION

You agree to indemnify and hold harmless WatchTM  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; (iii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these Terms; (iv) your violation of any person's intellectual property, privacy, publicity or other right; (v) 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 (vi) 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). WatchTM  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 WatchTM  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

WatchTM  respects the intellectual property rights of others. Upon proper notice, WatchTM  will remove User Submissions (and any other Site 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, WatchTM  shall remove upon receiving written notification of claimed copyright infringement on the Site 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 WatchTM  to locate the material on the Site; (iii) information reasonably sufficient to permit WatchTM  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.

Legal Department

info@watchtm.com By submitting an Infringement Notification, you acknowledge and agree that WatchTM  may forward your Infringement Notification and any related communications to any users who posted the material identified in such notice.

BINDING ARBITRATION

This Agreement shall be governed by and interpreted and construed in accordance with the laws of India, except with respect to choice of law principles.  All disputes arising in connection with this Agreement shall be finally settled under the Arbitration & Conciliation Act of 1996 by one or more arbitrators appointed in accordance with such Act.  The venue of the arbitration shall be Mumbai, India and the language of the arbitration shall be English.  The parties hereto undertake to keep the arbitration proceedings and all information, pleadings, documents, evidence and all matters relating thereto confidential.  Neither party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter has been submitted and decided by arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that the parties hereto shall be permitted to seek temporary or preliminary equitable relief in a court prior to the initiation or resolution of any arbitration proceeding hereunder. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.

 

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 WatchTM  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 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.

 

TERMINATION

You understand and agree that WatchTM  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, 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 and/or any other information and data that you (and/or anyone else) may have provided to or by means of the Site, for any reason. WatchTM  may also, in its sole discretion and at any time, discontinue the Site or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice. YOU UNDERSTAND AND AGREE THAT WatchTM  MAY TAKE ANY ONE OR MORE OF THESE ACTIONS WITHOUT ANY NOTICE TO YOU, PRIOR OR OTHERWISE, AND YOU UNDERSTAND AND AGREE THAT NEITHER WatchTM  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 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. You may discontinue your access to, use or participation on or by means of the Site 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 WatchTM  or any WatchTM  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.

 

CHANGES IN SITE OWNERSHIP

You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Site, of any information about you contained in the applicable WatchTM  database, to the extent WatchTM  assigns its rights and obligations regarding such information in connection with a merger, acquisition, or sale of all or some of SPE's assets, or in connection with a merger, acquisition or sale of all or some assets related to a particular Site, to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the Site signifies your agreement to be bound by the terms of use and privacy statement of the Site's subsequent owner or operator. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.

 

SPECIAL RULES FOR WatchTM  SERVICE

WatchTM  SERVICE, REGISTRATION AND ACCESS TO USE The WatchTM  Service is an online portal service providing its members with various contents by way of streaming over the Internet to the WatchTM  Service ready devices which will include mobile and similar other handheld devices and by way mobile applications.

 

1. Registration To register for the WatchTM  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 WatchTM  and/or the WatchTM  Service of any responsibility / liability in this regard. Facebook Connect: You may also register for the WatchTM  Service by using your Facebook username and password. If, however, you are under 18 years of age, you may log in to WatchTM  Service using Facebook Connect and utilize the WatchTM  Service only under the supervision of your parent or legal guardian. Using Facebook Connect allows WatchTM  to personalize and enhance your experience while using the WatchTM  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 WatchTM  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 Connect 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. Each registration is for a single individual user only.

2. Subscription To facilitate your viewership and access, the Services have been packaged by WatchTM  through different models. Content or Services may be accessible free of charge which may include advertisements or commercials or via subscription or a pay-per-view model with or without advertisements / commercials or with a combination of the foregoing on the Site or via an application accessible on your mobile phones, tablets and / or other IP based connected devices. On account of the nature of the Internet, this Site and the Services may be accessed in various geographical locations; and You hereby agree and acknowledge that You are accessing this Site and availing of the Services, at your own risk, choice and initiative and You agree and undertake to ensure that your use of the Site and the Services complies with all applicable laws including the local laws in your jurisdiction. Please note that the availability of, and your ability to access, the Content or some part of Services, is subject to WatchTM ’s sole discretion and may be dependent upon your geographical location and not all Content or Services will be available to all viewers. Further, such Services and Content may vary on various parameters such as specifications, device, Internet availability and speed, bandwidth, etc. and You agree and acknowledge that WatchTM  may monitor or use certain technologies and monitoring of activities including logging of Your IP address to ascertain and verify your geographical location.

To be able to view certain premium content (“Premium Content”), you will be required to subscribe to any one subscription plan (“Plan”) of the WatchTM  Service viz., daily plan, weekly plan or monthly plan to be able to access the services which shall be entitled to full fee flexibility, solely at the discretion of WatchTM .

To be able to view certain premium content (“Premium Content”), you will be required to subscribe to any one subscription plan (“Plan”) of the WatchTM  Service viz., daily plan, weekly plan or monthly plan to be able to access the services which shall be entitled to full fee flexibility, solely at the discretion of WatchTM .

Non registered users can make subscriptions to access the Premium Content through the guest checkout method available (“Guest Checkout”). The User will be able to purchase as well as redeem through the process mobile verification. User will be asked for his mobile number which will be verified through a one-time password (OTP). Once verified the user will be able to purchase a subscription pack or watch such Premium Content upon a one-time transaction for a validity period of three (03) days. User can redeem this purchase on any other device supported by WatchTM .

 

Access to use:

To access the WatchTM  Service, you will be asked to enter your individual user name and password, as chosen by you during your registration.

a. Any other person sharing your account and Password;

b. Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with WatchTM  as users of the Site; or

c. Alternatively, in the event a user does not want to share register himself, he may use the Guest Checkout option to access WatchTM  Service.

d. User will be permitted to login into a maximum of three (3) separate sessions concurrently which could be on the same devices or another. In the event user tries to log into the fourth (4th) session, user will be automatically logged out from the oldest session. It must be noted that on web platforms, the session will be cleared after every 24hrs.

Access through a single account and Password being made available to multiple users on a network.

If WatchTM  reasonably believes that an account and password is being used / misused in any manner, WatchTM  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 WatchTM  immediately of any unauthorized use of your account or any other breach of security. WatchTM  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 WatchTM  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.

Availability: The availability of contents to view through WatchTM  Service will change from time to time at the sole discretion of WatchTM . 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. 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 WatchTM  Service only in geographic locations where WatchTM  offers the WatchTM  Service. The content that may be available to view will vary by geographic location. WatchTM  may use technologies to verify your geographic location.

WatchTM  Service streaming software: The WatchTM  Service streaming software is developed and designed to enable only streaming of content from the WatchTM  Service through the WatchTM  Service ready devices. This software may vary by device and medium, and functionalities may also differ between devices. This software is licensed to you pursuant to these Terms and solely for the purpose of using the WatchTM  Service and for no other purpose whatsoever. WatchTM  does not warrant the performance of the software, including its continuing compatibility with the WatchTM  Service. Any unauthorized use of the software is strictly prohibited and WatchTM  Service reserves the right to not provide the software (including updates) to you at any time and to discontinue the ability to access the WatchTM  Service through such software at any time, without prior or any notice. When you use a WatchTM  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. The WatchTM  streaming software permits only streaming of the content available on the WatchTM  services and restricts the download and storage of such content.

 

User Reviews:

We permit you to post reviews of content available through the WatchTM  service. We do not regularly select or review the content posted on the WatchTM  website; however, we reserve the right to reject, remove or edit such content at anytime without notice. You may not post reviews or otherwise disseminate on or through the WatchTM  Services, any content that is unlawful, harassing, libelous, tortious, abusive, offensive, threatening, or obscene, or materials which infringe or violate any third party’s copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred, or that promotes illegal activities or physical harm against anyone. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason.

Social Media Access:

For members in certain countries, you can connect your account to various social media platforms and share links of content. This feature requires you to accept and comply with the terms of service and privacy policy of the social media posts. If you choose to connect, you'll be able to take advantage of various social features we will be creating as part of the WatchTM  service, as well as its available features. In addition, WatchTM  may personalize and otherwise seek to enhance your experience based on your information from your social media account. By connecting your WatchTM  account to your social media account, you acknowledge and agree that you are consenting to the continuous release of information about you to others, including to such platforms (in accordance with your privacy settings on such platforms and your account settings on WatchTM ). If you do not want information about you, including information such as your viewing activity, to be shared in this manner, we advise you to not use the social media connect feature. WatchTM  disclaims all warranties in relation to and all liabilities arising from any use of your personal information by any of the social media platforms or any other third party.

 

Streaming Software/Software Plug-ins:

Any software, including any files, images generated by the software, code, and data accompanying the software, used or accessible through this website may be used by you solely for accessing and using this website for purposes expressly stated herein. WatchTM  retains full and complete title to all intellectual property rights and other proprietary rights subsisting in or used in relation to such software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any such software.

DISCLAIMERS

WatchTM  DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DE WatchTM ERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WatchTM  CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WatchTM  DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WatchTM  DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY WatchTM  SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST WatchTM  FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. WatchTM  reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

LIABILITY Except where prohibited by law, in no event will WatchTM  be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if WatchTM  has been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms of Use, WatchTM  is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, WatchTM ’s liability shall in no event exceed the greater of the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against WatchTM  (but not including the purchase price for any WatchTM  hardware or software products or any support program). Indemnity: You agree to indemnify and hold WatchTM , its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against WatchTM  by any third party due to or arising out of or in connection with your use of the Site.

NOTIFICATION OF CHANGES AND YOUR ACCEPTANCE OF THE PRIVACY POLICY

WatchTM  reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms and Conditions in whole or in part, at any time. Changes to the Terms and Conditions will be effective when posted. You agree to review the Privacy Policy periodically to become aware of any changes. The use of the Site after any changes to the Privacy Policy are posted will be considered acceptance of those changes by you and will constitute your agreement to be bound thereby. If you object to any such changes, your sole recourse will be to stop using the Site.

 

 

 

© 2019 WATCHTM. All Rights Reserved. All related channel and programming logos are service marks of, and all related programming visuals and elements are the property of the channel owners & broadcasters.

 

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