Please read the following terms and conditions carefully before registering, accessing, browsing or using the Site (as defined below). By accessing or using or interacting with the Site or with any banner, pop-up, or advertisement that appears therein or by using the Service (as defined below), you agree to be bound by these terms and conditions set forth herein, including any additional guidelines and future modifications. In addition, We may have separate registration procedures and separate terms and conditions, terms of service or similar legal agreement/s for certain Services. However, when you are using any service or product offered by Us that does not have any such separate legal agreement, this Agreement will apply. Your continued use of the Site or Service following additions or modifications made to the Agreement shall mean that you accept to the additions or modifications made. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions or unable to be bound by the terms and conditions, you shall not access or use the site and immediately terminate your use of the Services.
For the purpose of this Agreement, “We”, “Us”, “Our” and “ Illion ” means Illion Media Technologies Private Limited and “You”, “Your” or “User” means a person whether legal or juristic, or any body corporate who makes use of the Site or our Services in any manner and includes all individuals and/or corporate members/subscribers who use the Site or Services provided by the Site, whether or not for any payment and includes User's successors and authorized person(s) of the User who has permission to use the Site or Services on the Site on behalf of the User, Users who obtain a trial membership to use the Site and User's who log in as a 'guest' to use the Site.
Illion provides its Site which allows the User to discover and watch the audio-visual content in the form of cinematograph feature films, serials, talents hunt/reality shows, web series, documentaries, live TV channel, etc., that is made available on the Site by the provider of such content. The Site also has various web pages linked which are operated by third parties who have entered into an agreement with us to publish their Content using our service. These services collectively provided to a User is hereinafter referred to as “Service”.
1. USER ELIGIBILITY
- Use of the Site or Services are available only to persons who can form legally binding contracts under Indian Contract Act, 1872 and not available to persons under the age of 18 or who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 or to anyone previously suspended or removed from the services by us. If you are a minor i.e. under the age of 18 years, you shall not register as a User and shall not transact on or use the Site, if you wish to use or transact on Site, such use or transaction may be made by your legal guardian. Illion reserves the right to terminate your membership and/ or refuse to provide you with access to the Site if it is brought to our notice or if it is discovered that you are under the age of 18 years.
- By accessing the Site or by using the Services, You represent that You are at least 18 years of age and have not been previously suspended or removed from the Services. You also represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
2. ACCOUNT AND REGISTRATION OBLIGATIONS
- You agree and acknowledge that the majority of the content found on or through the Site is for general audiences, but there may be certain adult or mature content. Where there is mature or adult content, individuals who are less than 18 years of age are not permitted to view or access such content. If Illion learns that anyone under the permitted age seeks to access or conduct a transaction through the Site, Illion will require verified parental consent and even in such cases, certain areas of the Site may not be made available under any circumstances.
- When You use the Site or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
3. SUBSCRIPTION SERVICES
The services by this Site is completely online. On activation of subscription, all the services by this Site are deemed to be started. Any subscriber can start using all the services provided by this Site instantly on activation of subscription.
4. REFUND AND CANCELLATION POLICY
On activation of subscription, the entire amount of subscription charge is assumed to be consumed. User expressly understands and accepts that once service is activated, it is deemed that the user has started using services offered by this Site and money paid for such services cannot be claimed as refund.
5. LICENSE TO USE WEBSITE
- We grant you a limited license to access and make personal use of Site, but not to modify it, or any portion of it, except with our written consent. This license does not include, inter alia, any resale or commercial use of the Site or its contents; any derivative use of the Website or its contents; any downloading or copying of contents, or any use of data mining, robots or similar data gathering and extraction tools.
- Site or any portion thereof (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose or otherwise, without our express written consent.
6. USE OF SITE
- You shall not use the Services on the Site for any illegal, unlawful or prohibited purposes (“Prohibited Uses”). In particular, the Services shall not be used for any illegal purpose or for distribution of any offensive content pertaining to, without limitation:
- Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services;
- Alcohol which includes alcohol or alcoholic beverages such as beer, liquor, wine, or champagne;
- Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products;
- Body parts which includes organs or other body parts;
- Child pornography which includes pornographic materials involving minors;
- Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection;
- Copyrighted media, which includes unauthorized copies of books, music, movies, and other licensed or protected materials;
- Copyrighted software, which includes unauthorized copies of software, video games and other licensed or protected materials, including original equipment manufacturer or bundled software;
- Drugs (other than the drugs that you as a User are entitled to sell or exhibit) and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms;
- Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items;
- Gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content;
- Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles;
- Illegal goods, which includes materials, products, or information promoting illegal goods or enabling illegal acts;
- Securities, which includes stocks, bonds, or related financial products;
- Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments; and
- Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of India.
- Further, by accessing the Site or using the Services:
- You shall not use Site and/or Services for any purpose other than those uses specifically authorized or permitted by us;
- You shall not impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of other person without their permission, or perform any other similar fraudulent activity;
- You shall not infringe our or any third party's intellectual property rights, rights of publicity or privacy;
- You shall not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person;
- You shall not post or transmit any message, data, image or program which is pornographic in nature;
- You shall not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and Site or features that enforce limitations on the use of the Service;
- You shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof;
- You shall not use Site and/or Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner;
- You shall not breach these Terms or any other applicable policy;
- You shall not provide false, inaccurate or misleading information;
- You shall not use Site to collect or obtain personal information, including without limitation, financial/confidential information, about other users of Site;
- You shall not use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to us, a third party or you; or
- You shall not host, display, upload, modify, publish, transmit, update or share any information that 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 any other nation.
- 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 the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. We reserve Our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, computer, network, or to any of the Services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Site or any network connected to the Site nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Site, or any other User, including any account on the Site not owned by You, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Site.
- You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.
- You shall 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 the Site or any Service offered on or through the Site. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations, Statutes, Ordinances and Regulations regarding Your use of Our Service.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such 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 advertisers on the Site.
- It is possible that other users (including unauthorized users and hackers) may post or transmit offensive or obscene materials on the Site 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 due to your use of the Site, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Site You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Site.
- You also understand that We cannot and do not guarantee or warrant that files available for downloading through the Site will be free of viruses, worms or other code that may be damaging.
It is understood and agreed that the above lists are not exhaustive, and have been provided for illustrative purposes only. In the event you use Site and/or the Services for any Prohibited Uses, we reserve the right to immediately, and without notice, suspend/delete your account and ban you from accessing Site in future.
7. CONTENT NOT SCREENED OR ERROR FREE
- You acknowledge and agree that by using the Services, you may be exposed to content that is offensive, indecent or objectionable. You acknowledge and agree that We do not screen or review published content on the Service to determine whether it contains false or defamatory material, or material which is offensive, indecent, objectionable, or which contains errors or omissions and under no circumstances, we will be liable in any way for any user or other third party including, but not limited to, for any defamation, falsehoods, errors or omissions in any such content, or for any loss or damage of any kind incurred thereof. Further, we do not guarantee that any Content will be to your satisfaction.
- We do not independently confirm that all content made available through the Site is provided by a valid rights holder and in the event We become aware that the content published on the Site or through us has been provided by a person who is not a valid rights holder, We may, in appropriate circumstances and at our discretion, disable and/or terminate the publication of such content on the Site.
- If you believe that your work has been copied or published in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please write us at firstname.lastname@example.org.
8. OWNERSHIP AND PROPRIETARY RIGHTS
- The Services and the Site are owned and operated by Us and/or third-party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services and the Site provided by Us (the “Materials”) are protected by Indian copyright, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws and you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
- Illion reserves all rights not expressly granted in this Agreement. If you have comments regarding the Services and the Site or ideas on how to improve it, please contact customer service. Please note that by doing so, you irrevocably assign to Us all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
9. THIRD PARTY LINKS
The Site may contain links to websites operated by other parties. The linked sites are not under the control of us and We are not responsible for the content available on such linked websites. Such links do not imply our endorsement of material and We disclaim all liability with regard to your access to such linked websites. We provide links to other Internet sites as a convenience to Users, and access to the same is at your own risk and may be subject to terms/policies of such linked websites.
10. CHANGES TO SITE
In order to optimize and improve your experience, we may update Site from time to time, and may change the content, display or form at any time without prior notice. We do not guarantee that Site, or any content provided or displayed on it, will be free from errors or omissions.
11. COMMUNICATION POLICY
- By accepting the terms and conditions You accept that We may send alerts to the mobile phone number provided by You while registering for the service or to any such number replaced. You acknowledge that the alerts will be received only if the mobile phone is in ‘On’ mode to receive the SMS. If the mobile phone is in ‘Off’ mode then You may not get / get after delay any alerts sent during such period.
- You acknowledge that the SMS service provided by Us is an additional facility provided for your convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the You observe any error in the information provided in the alert, You shall inform us immediately about the same and We will take best possible efforts to rectify the error as early as possible. However, You shall not hold Us liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by You on account of the SMS facility.
- You also agree and acknowledge that We may call you on the mobile phone number provided by You while registering for the service or to any such number replaced and informed by You.
- Any Grievances and claims relating to the Services rendered should be reported to Us support team within three days of the cause of action.
13. LIMITATION OF LIABILITY AND DAMAGES
- We hereby expressly disclaim any and all warranties, express or implied over the content or the its providers.
- We make no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or correctness of any content streamed on the Site.
- We assume no responsibility for damage due to any corrupting code or data that is inadvertently passed on to computers or software of the User or any person the User subsequently communicates with.
- Any downloads from the Site is at your own risk. Site makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
- User views or banners or pop-ups or advertisements displayed and any interaction thereof is at your own risk.
- By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the Site to allow lawful viewing, User forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.
- User waives all right to claims of damage if, for any reason, this site is not working temporarily, and showing errors, which includes but is not limited to, Site Not Working, Portions Not Available, Database Error, etc.
- In no event, We or our agents, partners will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to (i) this agreement, (ii) the Services, the Site or any reference site, or (iii) your use or inability to use the Services or the Site (including any and all materials).
- This section 11 shall survive termination of this Agreement.
You agree that We, at our sole discretion and may occur with or without prior notice and without any refund/ penalty whatsoever, may suspend or terminate your account or your use of the Services or any part thereof. We may also at our sole discretion discontinue providing access to the Services, or any part thereof, with or without notice. Any suspected fraudulent, abusive or illegal activity in your account may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies We may have at law or in equity.
- You undertake to fully indemnify and keep ONVI.MOVIE, its affiliates, assigns, group companies, its directors, its employees, officers, agents and content providers indemnified from and against all actions, proceeding, claims, liabilities, disputes, demands, mutually agreed costs, legal proceedings, awards (including reasonable attorney’s fees) arising directly or indirectly as a result of any breach, default or non-performance by you or your personnel, or persons acting under your authority or direction, of any representations, warranties, undertakings, obligations or terms of this Agreement.
- In the event of any such claim, You shall promptly defend, settle or otherwise dispose off such claim at your own cost. If you are not diligently and continuously pursuing the matter, ONVI.MOVIE may take such action on behalf of itself. In which case you shall, reimburse ONVI.MOVIE for all costs and penalties incurred.
- Nothing contained in this Agreement shall be construed to prevent ONVI.MOVIE from seeking and fully recovering from you all reasonable damages, which includes any loss, liability, expense, costs, claims, judgments or awards, due to any and all: (i) reasonably foreseeable events, and/or (ii) events in the knowledge of you (Including loss of profits), sustained by ONVI.MOVIE, that are arising out of, or are a result of, your breach of the terms of this Agreement.
- We also reserve our right to pursue money damages where appropriate and in addition to damages, We shall also be entitled to injunctive relief, a decree for specific performance, and all other relief as may be proper without the need to post a bond
- In the event that ONVI.MOVIE brings a suit for the collection of any damages resulting from, or a suit for injunction of any action constituting, a breach of any of the terms or provisions of this Agreement, then if you are found to be at fault, you shall pay all court costs and attorneys’ fees of ONVI.MOVIE.
- This section 13 shall survive termination of this Agreement.
- You agree and acknowledge that the use of Service is at your own risk and We do not make any warranties of fitness, merchantability, completeness, availability, compatibility or that the Services will be uninterrupted, free of viruses, malware or other harmful components, accurate, error free or reliable and at no point in time, We shall be liable for the same.
- Without prejudice to the generality of the foregoing clause, you further agree and acknowledge that We shall not be liable for any loss of profits, revenues, business opportunities, goodwill, loss or corruption of data and such other indirect or consequential loss, punitive damages caused by errors, mistakes, or inaccuracies in the Service; any unauthorized use of the Service; any interruption or cessation of the Service; any viruses or malicious code transmitted to or through the Service by any third party; or the removal or unavailability of the Content.
- The Services and the Site and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied.
- This section 14 shall survive termination of this agreement.
17. FORCE MAJEURE
In the event, the Service as per the terms of the Agreement is not delivered due to a force majeure condition/event including but not limited to strike, war, flood, earthquakes, regulatory changes, technological advancement, judicial orders, pandemic situation, lockdown or such other acts of god or events beyond Our control, such non-delivery shall not be construed as a breach under this Agreement.
18. MODIFICATION OF THIS AGREEMENT
We reserve our right to change, modify, add, or remove portions of this Agreement (each, a “change”) at any time. The changes will become effective, and shall be deemed accepted by you and shall apply immediately on a going-forward basis. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services. For certain changes, We may be required under applicable law to give you advance notice, and We will at all times comply with such requirements.
We may provide you with notices and communications by e-mail, regular mail or postings on the Site or by any other reasonable means and any notice to us must be sent by courier or registered mail to Illion Media Technologies Private Limited, Cw 12, Workeasy Space Solutions Private Limited, Saravana Matrix Tower, 2/88, Old Mahabalipuram Road, Seevaram, Perungudi, Chennai – 600 096 or by way of an e-mail to email@example.com.
The failure of Illion to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by us.
21. GOVERNING LAW AND DISPUTE RESOLUTION
- This Agreement and the relationship between the Parties hereto shall be governed by, and interpreted in accordance with, the laws of India, without regard to conflict of principles therein.
- In the event of any dispute between the Parties including any dispute relating to interpretation of this Agreement, the same shall be referred to a sole arbitrator appointed mutually by both the parties to this agreement.
- The arbitration shall be governed by the Indian Arbitration and Conciliation Act, 1996, and the laws of India, and where applicable, the laws of the state of Tamil Nadu.
- The arbitration shall be conducted at Chennai and the language of arbitration shall be English
- Jurisdiction of Courts by consent: The competent Courts in Chennai alone shall have exclusive jurisdiction in the event of any dispute. For the purpose of clarity, such jurisdiction is only for remedy U/s 9, 11, 34 and other provisions of the Indian Arbitration and Conciliation Act, 1996.
- All costs relating to Arbitration shall be borne equally by both Parties.
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
This Agreement, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent. Any such assignment attempted to be made in violation of this provision shall be void.
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and will not be deemed to limit or affect any of the provisions hereof.
26. ENTIRE AGREEMENT
This is the entire agreement between you and Illion relating to the subject matter hereof.
In case of any questions/grievance, please direct them to: firstname.lastname@example.org.