This document is an electronic record in
terms of Information Technology Act, 2000 and rules there under as
applicable and the amended provisions pertaining to electronic records in
various statutes as amended by the Information Technology Act, 2000. This
electronic record is generated by a computer system and does not require any
physical or digital signatures. This is a legal agreement between you, the user
(‘You’) of the Services, as defined below, and Star India Private Limited
stating the terms that govern Your use of the Site, as defined below. If You do
not agree to these Terms and Conditions, you are not entitled to use the
Services and any use thereafter shall be unauthorized.
Description of Service and Acceptance of Terms of Use
Star India Private Limitedis a company incorporated under
Companies Act, 1956, having its registered office at STAR House, Off. Dr E.
Moses Road, Mahalaxmi, Mumbai- 400011, India (“Star”). Star provides an online website of its channel ‘FOX ACTION MOVIES’
www.foxactionmovies.com (“Site”) as an
interactive platform for its viewers to
interalia view schedules of the serials and programs, trailers of upcoming
serials,view videos and/or photos of their favorite characters on serials, read
recaps of serials, etc. on the Site and any other features, tools, applications,
materials, or other services offered from time to time by Star in connection
with its business, provided on the Site (“Content”) and post comments,
participate in contests (collectively with Content, referred to as “Services”)
Use of the Services is subject to
compliance with these Terms of Use ("Terms of Use" or "Terms" or “Terms and Conditions”).
By visiting the Site or using any of the Services You are
agreeing to these Terms and Conditions. Unless otherwise specified, the Service
is available for individuals aged 18 years or older. If You are under the age of
18, You should review these Terms and Conditions with Your parent or legal
guardian to make sure that You and Your parent or legal guardian understands and
agrees to it on Your behalf and further if required, You shall perform or
undertake such activities which will entitle You to enter into a legally binding
agreement with STAR. Your access to and use of the Services is subject to these
Terms and Conditions, Privacy Policy and all applicable laws. Star may at any
time revise these Terms and Conditions and Privacy Policy by updating this
posting which will be communicated to You. You shall be bound by any such
revisions.
Participation in any contest and or game on the Site
conducted by Star shall be subject to such further terms and conditions as may
be notified by Star from time to time on the Site or otherwise.
Electronic Communications
When You use/avail the Services or send any data,
information or communication to Star, You agree and understand that You are
communicating with Star through electronic records and You consent to receive
communications via electronic records from Star periodically and as and when
required. Star 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
Star which will be deemed adequate service of notice / electronic record.
The Content which is viewed on the Site is copyrighted
material of Starand/or Star’s licensors, and shall not be used except as
provided in these Terms and Conditions, without the written permission of Star.
Access and Use of the Services
Star
grantsYou a non-exclusive limited license to use the Services on the Sitefor
personal, non-commercial purposes as set forth in these Terms and Conditions.
By agreeing to use/avail the
Services:
Termination of Service
Star reserves the right to
immediately terminate or restrict Your account or Your use of the Services or
access to Content at any time, without notice or liability, if Star determines
in its sole discretion that You have breached these Terms and Conditions,
violated any law, rule, or regulation, engaged in other inappropriate conduct,
or for any other business reason.
User Reviews, Comments and Other
Material
You
may have an opportunity to publish, transmit, submit, or otherwise post
(collectively, "Post") only reviews or comments (collectively, "User Material"). You agree that Star
shall have the rightbut have no obligation, to monitor User Material and to
restrict or remove User Material that Star may determine, in its sole
discretion, is inappropriate or for any other business reason. You must adhere
to the below terms and conditions and not host, display, upload, modify,
publish, transmit, update or share any information that:
(a) belongs to another person and to which You do not have
any right to;
(b) is grossly harmful, harassing, blasphemous defamatory,
obscene, pornographic, pedophilic, libellous, invasive of another's privacy,
hateful, or racially, ethnically objectionable, disparaging, relating or
encouraging money laundering or gambling, or otherwise unlawful in any manner
whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other
proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of
such messages or communicates any information which is grossly offensive or
menacing in nature;
(g) impersonate another person;
(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) threatens the unity, 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 any other nation. You also
represent and warrant that the Posting of your User Material does not violate
any right of any party, including privacy rights, publicity rights, and
intellectual property rights.
You acknowledge that Star does not guarantee any
confidentiality with respect to any User Material.
By Posting the User Material, You hereby grant Star a
license to use, display, reproduce, distribute, modify, delete from, add to,
prepare derivative works of, publicly perform, and publish such User Material
worldwide, including on or through any Property, in perpetuity, in any media
formats and any media channels now known or hereinafter created. The license You
grant to Star is non-exclusive, royalty-free, and sub licensable.
In no event does Star assume any responsibility or
liability whatsoever for any User Material, and You agree to waive any legal or
equitable rights or remedies You may have against Star with respect to such User
Material.
If you have any complaints relating to any User Material
uploaded on the site, then please contact: our email, which
must bear your digital signature or a signed written complaint should include
the following information:
Star shall take
all reasonable measures, including taking down the objectionable Post
expeditiously. You agree and acknowledge that Star’s responsibility in relation
to objectionable Posts is limited to removing them post receipt of Your
objections in accordance with this Terms of Use and Star shall not be
responsible or liable for any other damages or losses incurred by You of any
nature whatsoever.
Linked
Destinations and Advertising
Part of this Site
contains advertising and other material submitted to us by third parties.
Although acceptance of advertisements on the Site on request is subject to our
terms and conditions, we expressly disclaim any liability arising out of the
usage of these products or services advertised on our Site. This Site may
contain articles contributed by several individuals. The views are exclusively
their own and do not represent the views of Star or its management. All
liability is excluded to the extent permitted by law including any implied
terms. Indian law and jurisdiction applies with respect to contents of this
Site. While using this website for information purposes or otherwise, users
acknowledge and accept the above disclaimer.
If Star provideslinks or pointers to other websites or
destinations, You should not infer or assume that Star operates, controls, or is
otherwise connected with these other websites or destinations. When Youclick on
a link within the Services, Star will not warn You that You have left the
Services and are subject to the Terms and Conditions (including privacy
policies) of another website or destination. In some cases, it may be less
obvious than others that you have left the Services and reached another website
or destination. Please be careful to read the terms of use and privacy policy of
any other website or destination before you provide any confidential information
or engage in any transactions. You should not rely on these Terms and Conditions
to govern your use of another website or destination.
Star is not responsible for the content or practices of any
website or destination other than the Site, even if it links to the Site and
even if the website or destination is operated by a company affiliated or
otherwise connected with Star. By using the Services, You acknowledge and agree
that Star is not responsible or liable to You for any content or other materials
hosted and served from any website or destination other than the Site.
Star takes no responsibility for advertisements or any
third party material Posted on any of the Properties, nor does it take any
responsibility for the products or services provided by advertisers. Any
dealings You have with advertisers found while using the Services are between
You and the advertiser, and You agree that Star is not liable for any loss or
claim that You may have against an advertiser.
Support
If You have any questions,
complaints or claims with respect to the STAR App, then such correspondence
should be directed to the address as given below.
STAR India Private Limited
The contact information
–
hello@startv.com
Disclaimer of Warranties
You agree that use of the Services is at Your own risk. The
Services including the Site, the Content, the Video Player, user material and
any other materials contained on or provided through the Properties are provided
“AS IS” and, to the fullest extent permitted by law, are provided without
warranties of any kind, either express or implied.Without limiting the
foregoing, Star does not make any warranties of fitness for a particular
purpose, title, merchantability, completeness, availability, security,
compatibility or non-infringement; or that
the Services will be uninterrupted, free of viruses and other harmful
components, accurate, error free or reliable.
Limitation of Liability
IN NO CASE SHALL STAR, ITS DIRECTORS, OFFICERS, EMPLOYEES,
AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES
ARISING FROM YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF OR FOR
ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY CONTENT OR
MATERIAL THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIAL, OR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY
CONTENT OR MATERIAL THEREOF, EVEN IF ADVISED OF THEIR POSSIBILITY. WHERE THE
LAWS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, STAR'S LIABILITY SHALL BE LIMITED
TO THE EXTENT PERMITTED BY LAW.
Indemnity
You agree to defend, indemnify and hold harmless Star, its
affiliates, officers, directors, employees and agents, from and against any and
all claims, damages, obligations, losses, liabilities, costs or debt, and
expenses (including but not limited to attorney's fees) arising from: (i) Your
use of and access to the Services; (ii) Your violation of any term of these
Terms and Conditions; (iii) Your violation of any third party right, including
without limitation any copyright, property, or privacy right; and (iv) Your
breach of any applicable laws. This indemnification obligation will survive the
expiry or termination of Terms and Conditions and Your use of the Service.
Governing Law
The relationship between You and Star shall be governed by
the laws of India without regard to its conflict of law provisions and for
resolution of any dispute arising out of Your use of the Services.
Notwithstanding the foregoing, You agree that Star has the right to bring any
proceedings before any court/forum of competent jurisdiction and You irrevocably
submit to the jurisdiction of such courts or forum.
Severability
If any provision of these Terms and Conditions is held
invalid, void, or unenforceable, then that provision shall be considered
severable from the remaining provisions, and the remaining provisions given full
force and effect.
Changes
Star reserves the right, at any time and from time to time,
to update, revise, supplement, and otherwise modify this Terms of Use and to
impose new or additional rules, policies, terms, or conditions on Your use of
the Service. Any material updates, revisions, supplements, modifications, and
additional rules, policies, terms, and conditions (collectively referred to in
this Agreement as "Additional Terms")
will be posted on the Website and will be effective immediately after such
posting and thereafter incorporated into this Terms and Conditions . Your
continued use of the Services will be deemed to constitute your acceptance of
any and all such Additional Terms.
Entire Agreement
These Terms and Conditions and Privacy Policy constitute
the entire agreement between You and Star governing Your use of the Services,
superseding any prior agreements between You and Star regarding such use.