The website, www.playflix.app and its website and Application is owned, operated and maintained by One Take Media Co (OTMC).
PLEASE READ THE TERMS CAREFULLY BEFORE USE OF THE PLAYFLIX SERVICES. THESE TERMS CONSTITUTE A LEGAL AND BINDING AGREEMENT BETWEEN YOU (THE END USER OF PLAYFLIX) AND OTMC (THE OWNER OF PLAYFLIX), AND GOVERN YOUR USE OF THE PLAYFLIX. BY CHECKING / CLICKING ON THE ‘I AGREE’ LINK AND/OR BY DOWNLOADING AND/OR INSTALLING AND/OR BROWSING OR USING PLAYFLIX, YOU EXPRESSLY ACCEPT THE TERMS. IF YOU DO NOT ACCEPT TO THE TERMS, PLEASE DO NOT BROWSE AND/OR DOWNLOAD AND/OR INSTALL AND/OR USE PLAYFLIX.
Certain words in this TERMS have a specific meaning and are explained below for YOUR easy understanding:
- ‘Application’ means the PLAYFLIX application owned by One Take Media Co (OTMC) to provide the Content on Devices, which is available on various platforms such as iOS, android and supported web browsers etc.
- ‘Devices’ means any and all internet enabled devices like smart phones, tablets, laptops, desktops, etc. which are compatible with and have access to the Internet.
- ‘Content’ means all text, graphics, images, music, software, audio, video, information or any other materials available on PLAYFLIX.
- ‘Internet’ shall mean the system making use of the TCP/IP software protocols known as the internet or the worldwide web whatever the communications links may be which connects the user (including by way of fixed, mobile, DSL, ISDN, UMTS WiMax or other broadband links) including any developments in such protocols or any other protocols which may be developed which give equivalent, reduced or enhanced functionality compared with such protocols.
- ‘Subscription Package’ means a combination of one or multiple live tv channels, video on demand, TV shows, movies, music or any other Information or entertainment based Content priced at a specific amount decided by OTMC at its sole discretion.
YOU will be solely responsible for obtaining and maintaining the Device and Internet connection needed in order to access and use PLAYFLIX and paying for all such charges in relation thereto. Internet charges will depend on the plan subscribed by You from the internet service provider.
YOU may register YOURSELF as a user of PLAYFLIX and become a registered user of the PLAYFLIX platform (“Registered User”). During the registration process, YOU as Registered User are required to create user name (by using YOUR mobile number) and password.
As Registered User, YOU agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. OTMC reserves the right to suspend or terminate YOUR registration as Registered User without assigning any reason (including for provision of inaccurate, not current or incomplete information during the registration process or thereafter). As Registered User, YOU shall be responsible for safeguarding YOUR password and for all transactions undertaken using YOUR Username and password. YOU agree not to disclose YOUR password to any third party and to take sole responsibility for any activities or actions under YOUR account, whether or not YOU have authorized such activities or actions. It is YOUR sole responsibility to change YOUR password immediately if YOU believe that YOUR password has been compromised. OTMC will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of YOUR Username and password in any circumstances..
Some of the Content is only available to users who avail the Subscription Packages. Any Registered User can avail the Subscription Package (“Subscription User”). As Subscription User, You will be required to subscribe to Subscription Packages made available by OTMC from time to time. The subscription to Subscription Packages may be subject to additional terms specified by OTMC. Depending on packages and/or value added services and the term of the proposed subscription, YOU will be required to make online payments through YOUR credit card or debit card or net banking account or cash card or via any other mode made available for making payments through mediums as authorized in YOUR territory and as provided by OTMC for accessing and browsing PLAYFLIX. The facility for online payments through credit cards or debit cards or net banking account or cash card or any other mode is available for selected credit cards, debit cards, net banking accounts and cash cards only. If YOU wish to avail the PLAYFLIX after the expiry of the initial term of Subscribed Packages, YOU shall prior to expiry of such term, recharge of YOUR account with the then prevailing subscription charges.
PLAYFLIX reserves the right to modify or discontinue PLAYFLIX at its sole discretion with or without notice to YOU. OTMC shall not be liable to YOU or any third party in any manner, should OTMC exercise its right to modify or discontinue the PLAYFLIX. Further, OTMC reserves the right, at any time, with or without notice and without any liability to:
(i) replace or otherwise withdraw Subscription Packages or Content,
(ii) change or reduce the number of hours of any Content;
(iii) blackout any Content; and
(iv) modify the prices for Subscription Packages or any part of PLAYFLIX service. Further, OTMC reserves the right to change packaging and introduce base and add on packages and/or offer channels on a-la-carte basis. YOU acknowledge and agree that the Content provided by OTMC as part of PLAYFLIX is being supplied by third parties and availability of such Content is outside OTMC’s control and can be removed anytime. Additionally, OTMC shall have the right, but not the obligation, to refrain from providing to YOU any Content in the interest of national security or in the event of emergency / war or similar situation or if the Content is anti-national, promotes political / religious propaganda, is against public policy, is banned or restricted from being distributed under any applicable law or OTMC otherwise determine that it is objectionable or obscene or is derogatory to any person or class of persons, hurts the religious sentiments of any religious group or infringes the privacy rights of any individual(s) or is not in the interest of OTMC’s subscribers or the general public.
In a credit card and/or debit card and/or net banking and/or cash card transaction and/or any other mode available, YOU must use YOUR own credit card and/or debit card and/or net banking account and/or cash card. YOU confirm and acknowledge that YOU are aware of the fact that when making any online payment through credit card or debit card or net banking account or cash card or via any other mode available, YOU may be directed to an external payment gateway page. The payment gateway may redirect YOU to other website(s) maintained or controlled by third parties, and OTMC does not control such third party website(s) and hence are not responsible for any transactions on such website(s). OTMC will not be liable for any credit card or debit card or net banking or cash card fraud, and OTMC will not entertain or address any such grievances or issues. YOU are requested to communicate all grievances related to such issues to YOUR bank or mobile carrier/operator or mobile wallet provider who has issued such credit card or debit card or net banking account or cash card. OTMC shall not be responsible for all or any dispute or difference relating to online payment made by YOU through credit card or debit card or net banking account or cash card or via any other mode available. Further, OTMC will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of YOUR credit card or debit card or net banking account number or cash card and other details. Payments once made by credit card or debit card or net banking or cash cards or via any other mode available shall not be refunded in any circumstances. You are hereby advised to keep details of your credit/debit card and net banking confidential and do not share any such details with any other third party.
PLAYFLIX is available in select countries only. OTMC would not be held responsible for hindrances in the access and use of PLAYFLIX due to geographical change in YOUR location. Further, YOU will be solely liable for accessing and using PLAYFLIX in the countries of YOUR use.
PLAYFLIX shall have the discretion to make certain or all Content that is a part of the Subscription available to You on either one or limited number of end user device concurrently.
The Content on PLAYFLIX and the “PLAYFLIX” word mark and the “PLAYFLIX” design mark, as well as certain other of the names, logos, and materials displayed on or through PLAYFLIX that constitute trademarks, trade-names, service marks or logos (“Marks”) are owned by or licensed to OTMC and are subject to copyright, trademark, and other intellectual property rights under Indian laws. YOU agree not to reproduce, duplicate, copy, download, stream capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit for any purposes the PLAYFLIX or any portion of the PLAYFLIX, including, without limitation, the Content and the Marks, except as authorized by these TERMS or as otherwise authorized in writing by OTMC. In addition, YOU are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based on in any way the Content and the Marks, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, except as authorized by these TERMS or as otherwise authorized in writing by OTMC. You must abide by all copyright notices, information, and restrictions contained in or associated with any Content. You must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection or access control measure (including, without limitation, geo-filtering and/or encryption) associated with the Content.
You hereby agree that all intellectual property rights, title and interest in the user generated content published or generated on PLAYFLIX by You shall vest with OTMC.
a. It is hereby clarified that PLAYFLIX is provided for YOUR personal, non-commercial use only. You agree not to, either directly or through the use of any device, software, web-based service, or by other means, copy, download, archive, perform, display, upload, publish, transmit or retransmit the Content or create any work or material that is derived from or based on the Content, rent, lease, duplicate, sublicense, assign, pledge, loan, or resell the Content of PLAYFLIX. YOU shall not translate, reverse engineer, decompile, disassemble PLAYFLIX. YOU shall only use the PLAYFLIX on Device that is under YOUR exclusive control and ownership. YOU shall not permit any third party to benefit from the use or functionality of PLAYFLIX, either directly or via any facility management, timesharing, service bureau or any other arrangement. If YOU transfer possession of any copy of PLAYFLIX to another party, YOUR subscription of PLAYFLIX shall automatically get terminated. All rights not expressly set forth hereunder are reserved exclusively by OTMC.
b. You are prohibited from using technology or other means to access, index, frame, or link PLAYFLIX, in whole or in part that is not authorized by OTMC;
c. You hereby agree not to use PLAYFLIX for promoting services of competitors of OTMC;
d. You hereby expressly agree to use PLAYFLIX in strict compliance with applicable laws;
e. You agree, undertake and confirm that Your use of PLAYFLIX shall be strictly governed by the following binding principles:
f. You shall not host, display, upload, modify, publish, transmit, update or share any information that:
i. belongs to another person and to which You do not have any right to; or interferes with another user’s use and enjoyment of PLAYFLIX;
ii. that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986, of another person;
iii. misleading in any way; or
iv. is patently offensive to the online community, such as content that promotes paedophilia, racism, bigotry, or physical harm of any kind against any group or individual;
v. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
vi. infringes upon intellectual property rights of third party or violates rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
vii. contains restricted or password-only access pages, or hidden pages or images;
viii. provides material that exploits people in a violent or otherwise inappropriate manner or solicits personal information from anyone;
ix. provides instructional information about illegal activities such as making or buying illegal weapons or providing or creating computer viruses;
x. contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his her guardian in the case of minor;
xii. harm minors in any way;
xiii. violates any law for the time being in force;
xiv. threatens the unity, integrity, defence, 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;
g. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of PLAYFLIX or any Content, or in any way reproduce or circumvent the navigational structure or presentation of PLAYFLIX or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through PLAYFLIX. We reserve the right to bar any such activity.
h. You shall not probe, scan or test the vulnerability of PLAYFLIX website or any network connected to PLAYFLIX nor breach the security or authentication measures on PLAYFLIX or any network connected to PLAYFLIX. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to PLAYFLIX to its source.
i. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of PLAYFLIX or any systems or networks connected to PLAYFLIX.
j. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through PLAYFLIX or any service offered on or through PLAYFLIX. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
k. You shall not engage in advertising to, or solicitation of, other users of PLAYFLIX to buy or sell any products or services, including, but not limited to, services being displayed on or related to PLAYFLIX.
l. Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through PLAYFLIX, 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 advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on PLAYFLIX. YOU acknowledge and agree that OTMC is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by OTMC of such websites or resources or the content, products, or services available from such websites or resources. YOU acknowledge sole responsibility for and assume all risks arising from YOUR use of any such websites or resources.
m. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on PLAYFLIX and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You on the public forum due to Your use of PLAYFLIX, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses but by browsing/using PLAYFLIX, You acknowledge and agree that We shall not responsible for the use of any personal information that You publicly disclose or share with others on PLAYFLIX. Please carefully select the type of information that You publicly disclose or share with others on PLAYFLIX.
As Subscription User, YOUR right to use PLAYFLIX shall automatically terminate on the expiry of the term of the Subscription Package. You may discontinue your participation in and access to PLAYFLIX at any time. YOU agreed that upon suspension or termination, no amount shall be refunded to YOU by OTMC.
OTMC welcomes and encourages YOU to provide feedback, comments and suggestions for improvements to PLAYFLIX (“Feedback”). YOU may submit Feedback by emailing us at email@example.com. YOU acknowledge and agree that all Feedback will be the sole and exclusive property of OTMC and YOU hereby irrevocably assign to OTMC all of YOUR right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At OTMC’s request and expense, YOU will execute documents and take such further acts as OTMC may reasonably request to assist OTMC to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback. You further acknowledge and agree that OTMC shall not be under an obligation to take any action pursuant to the Feedback provided by You. OTMC may, at its sole discretion, decide whether any action is required to be taken based on the Feedback received from You. You hereby expressly agree to indemnify and keep OTMC harmless against any liabilities that may suffered or incurred by OTMC as a consequence of any action taken by OTMC pursuant to Your Feedback.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW OF INDIA, PLAYFLIX IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME SOLE RISK AND RESPONSIBILITY FOR SELECTING PLAYFLIX TO ACHIEVE YOUR INTENDED RESULTS, AND SOLE RESPONSIBILITY FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM PLAYFLIX. WITHOUT LIMITING THE FOREGOING PROVISIONS, OTMC MAKES NO WARRANTY THAT PLAYFLIX WILL BE ERROR-FREE, VIRUS FREE, OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PLAYFLIX WILL SATISFY YOUR SPECIFIC REQUIREMENTS OR THAT THE ERRORS WILL BE RECTIFIED. YOU UNDERSTAND THAT PLAYFLIX AN BE BLOCKED OR MADE INOPERABLE AND OTMC ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE SAME. PLAYFLIX IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING WITHOUT LIMITATION, IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, DIRECT LIFE-SUPPORT MACHINES, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF PLAYFLIX NETWORK COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE (COLLECTIVELY, “HIGH RISK ACTIVITIES”). OTMC EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS OTMC, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS (“INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) THAT SUCH INDEMNIFIED PARTIES MAY INCUR AS A RESULT OF OR ARISING FROM (A) ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, YOUR USER GENERATED CONTENT, FEEDBACK, OR ANY OTHER CONTENT) YOU (OR ANYONE USING YOUR ACCOUNT) SUBMIT, POST, OR TRANSMIT ON OR THROUGH PLAYFLIX; (B) YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE PLAYFLIX; (C) YOUR (OR ANYONE USING YOUR ACCOUNT’S) VIOLATION OF THESE TERMS; OR (D) YOUR (OR ANYONE USING YOUR ACCOUNT’S) VIOLATION OF ANY RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET OR OTHER PROPRIETARY RIGHTS OF ANY PERSON OR ENTITY. OTMC RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH OTMC IN ASSERTING ANY AVAILABLE DEFENSES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL OTMC BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, REMOTE OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING A DUTY OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE (WHETHER ACTIVE OR PASSIVE), AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE PLAYFLIX, LOSS OF DATA OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE, AND GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY OTMC, AND EVEN IF OTMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OTMC BE LIABLE FOR ANY DAMAGES IN EXCESS OF YOUR LAST RECHARGE AMOUNT FOR PLAYFLIX. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
OTMC is a company based in India. OTMC’s goal is to bring to YOU as much Content as is legally available. That said, OTMC is limited by the rights that OTMC’s content licensors grant to OTMC. Using technologies to access the Content from territories where OTMC does not have rights or does not offer services is prohibited. By browsing or using PLAYFLIX, YOU hereby acknowledge that PLAYFLIX is not responsible or liable in any manner to comply with any local laws of YOUR territory except India with respect to PLAYFLIX. Further, YOU hereby agree that by usage of PLAYFLIX, YOU undertake the responsibility and liability with respect to viewing the Content of PLAYFLIX in YOUR territory.
The relationship between OTMC and You is on a principal-to-principal basis. You are in no way OTMC’s legal representative, partner or agent for any reason whatsoever.
YOU agree to comply fully with all Indian export laws and regulations to ensure that PLAYFLIX \ are not exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
YOU agree that PLAYFLIX, including, but not limited to, the object code components, provided to YOU is “Confidential Information” of OTMC. YOU shall retain all Confidential Information in strict confidence at least with the same amount of diligence that YOU exercise in preserving the secrecy of YOUR most-valuable information, but in no event less than reasonable diligence.
These TERMS are personal to YOU and YOU shall not assign, transfer, sub-contract or otherwise part with these TERMS or any right or obligation under it without OTMC’s prior written consent. Any attempt by YOU to assign or transfer these TERMS, without such written consent, will be null and of no effect. OTMC may assign or transfer these TERMS to any third party, at its sole discretion, without restriction. Subject to the foregoing, these TERMS will bind and inure to the benefit of the parties, their successors, personal representatives and permitted assigns.
If any provision of these TERMS is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby.
When You use or send any data, information or communication to OTMC, You agree and understand that You are communicating with OTMC through electronic records and You consent to receive communications via electronic records from OTMC periodically and as and when required. OTMC will communicate with You by email or any push or other message or electronic records on the email address and or mobile number available with OTMC which will be deemed adequate service of notice / electronic record.
Any notices or other communications required will be in writing and emailed to OTMC at firstname.lastname@example.org. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
If You have any claims with respect to the ownership of Content transmitted through PLAYFLIX, please follow the “Ownership Claims and Dispute Resolution Mechanism” at https://playflix.app/privacy/.
LAW & DISPUTES
These TERMS and all matters arising from it are governed by and construed in accordance with the laws of India and courts of Mumbai, India shall have exclusive jurisdiction over all disputes arising in connection with these TERMS.
ENTIRE AGREEMENT AND AMENDMENT