1.1. This ALEXA Service is managed by STAR INDIA PVT. LTD. (‘SIPL’, ‘We’, ‘Us’), a company incorporated under the provisions of the Companies Act, 1956 and having its registered office at Star House, Urmi Estate, 95, Ganpatrao Kadam Marg, Lower Parel (W), Mumbai- 400 013. We are engaged in the media broadcast business and derive revenues from solicitation of advertising on television channels. We offer our users access to audio-visual content in the form of full length feature films, series, non-feature film videos, promotional videos, music videos and various other content offered through our channels and platform (“Content”). The Content is made available through television and Internet streaming app and other devices/ apps supporting Content. The Content, audio streaming of our Content on Amazon Alexa device and any other features, functionalities, applications, materials or other services offered from time to time by us in connection of the above, however accessed, are referred to as the “ Services”.
2.1. The use of the Service/s is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are incompetent to contract within the meaning of the Indian Contract Act, 1872 are not eligible to use the Services. Without prejudice to the generality of the above, no person under the age of 18 may use or access the Services or the Content or attempt to enter into any transactions on our website.
4. PRIVACY AND COMMUNICATIONS PREFERENCES
4.2. By using or accessing the Services, you (i) consent to the use of electronic communications in order to enter into contracts and confirm terms of SIPL; (ii) consent to the electronic delivery of notices, policies and records of transactions initiated or completed by you online; and (iii) acknowledge that you have access to the necessary software and hardware to receive electronic records from SIPL in connection with transactions initiated or completed by you online. You consent to receiving electronic communications from SIPL regarding the Services and you represent that you are not on any Do Not Call / Do Not Disturb registries under the Telecom Unsolicited Commercial Communications Regulations, 2007, the Telecom Commercial Communications Customer Preference Regulations, 2010 or otherwise which preclude us from sending you these communications.
5. OWNERSHIP OF INTELLECTUAL PROPERTY
5.1.SIPL, its affiliates and its licensors/licensees, as the case may be shall have, and shall continue to retain, all title, rights and interests in the Services and the Content, including all information, design, layout, text, graphics, logos, designs, photographs, databases, icons, images, audio/video clips, digital downloads, data compilations, graphics, illustrations, configurations, data, data fields, flash presentations, code, underlying technology, content delivery mechanisms, plug-ins and other files and software and other related material.
5.2. The Services including the presentation of the Content, user interface, databases and compilations are the sole and exclusive property of SIPL.
5.3. SIPL’s or its affiliates logos, if any, that is used are trademarks or service marks of SIPL or its affiliates, respectively. The user interfaces, including but not limited to voice, sound recordings, music, etc. are intellectual property of SIPL. Therefore, the trademarks, service marks and trade dress shall not be used or reproduced without prior written consent of SIPL and shall not be used in connection with any product or service that is not affiliated with SIPL, in any manner that is likely to cause confusion among customers or dilutes the rights of SIPL, or in any manner that disparages or discredits SIPL or deceives the public.
6. LIMITED LICENSE
6.2. Your limited license as provided is subject to the following conditions:
a. The Content shall not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, for any purpose whatsoever, without SIPL’s prior written consent, except as expressly permitted by the limited license;
b. You shall not create any derivative works from the Content or Services (including without limitation, montages, mash-ups, recreations, derivations, screen captures, wallpaper, desktop themes or any other physical or digital material) or republish the Content or Services on any internet, intranet or extranet site or incorporate the Content in any other database or compilation;
c. You shall not extract, collect, harvest, test or benchmark, through electronic means or otherwise, the Services or any of the Content;
d. You shall not use the Content or the Services for any purposes competitive with or derogatory to us and you may shall not associate the Services or the Content with, provide links from or display alongside any material that may be vulgar, obscene, pornographic, misleading, defamatory, libellous, offensive, derogatory, threatening, harassing, abusive or violent nature, or such that it is prescribed under applicable law or infringes third party rights;
e. You shall not directly or indirectly, through any means whatsoever, permit, abet or assist any access or use of the Services or the Content in a manner not expressly provided or permitted herein or goes beyond the limited license granted hereinabove; and
f. This limited and conditional license may be revoked at any time by SIPL.
g. You shall be liable to indemnify, defend, and hold harmless without limitation, SIPL, its affiliates and its licensors from any direct or indirect damages, expenses, costs, etc. arising due to such default.
7. THE USE OF Services
7.1. You agree, understand and acknowledge that the Service is an online service operated on a third-party owned platform/device and SIPL does not have control over the same. You further agree and acknowledge that SIPL is only facilitator and is not and cannot be a party to or control in any manner any transaction on the said third-party owned platform/device.
7.2. We distribute Content and we reserve the right to display, market and promote the Content or other information through the Service, any user interfaces or any other medium, to you in any manner we deem fit. In addition, the Services may allow you and other third parties to post reviews or comments concerning the content distributed by us. Under no circumstances shall SIPL, or its shareholders, directors, officers or employees or licensors be held liable for any loss or damage caused by your reliance on information obtained through the Services that is made available by us. It is your responsibility to evaluate the information, opinion, advice, or other content that is made available through the Services.
7.3. We disclaim all warranties in relation to the Services and the Content. In addition to the disclaimer of warranties herein, we do not guarantee that access to the Services or the Content shall be error free. Your access to the Services or the Content and the quality of your use of the same shall be contingent on various factors outside the control of SIPL, including but not limited to the internet/network services availed by you. Certain Services may be bandwidth intensive and may not perform the way they are advertised. We are not responsible for any costs that you may incur while attempting to access the Services or the Content, including payments towards Internet and broadband access or any additional expenses incurred by you including charges imposed by your network service provider, in any manner whatsoever.
7.4. The Content/Services availed by you may be Geo-locked. You may access the Services and Content only in particular geographic locations where these Services are offered. The Content that may be available to watch may vary by geographic location. SIPL uses technologies to verify users’ geographic location and thereby limit their access to Services/Content in such location.
7.5. From time to time, we test various aspects of our Service, including our Site, user interfaces, service levels, plans, promotions, features, availability of Content, delivery, and pricing, and we reserve the sole right to include you in or exclude you from these tests without notice.
8. DISCONTINUATION OF SERVICE
This is a Free-of-Charge Service and you/user can opt to cancel any time after subscribing to the same.
9. SERVICE INFORMATION AND SECURITY:
9.1. Change of Features and Content: SIPL reserves the sole right to change, modify, amend, supplement, alter or remove any of its features or Content as it deems fit.
9.2. Fair Use Restrictions: SIPL may also place additional fair use restrictions including restrictions on concurrent connections and time of usage as provided here.
9.3. Any software, including any files, images generated by the software, code, and data accompanying the software, used or accessible through this Service may be used by you solely for accessing and use of this Service for purposes expressly stated herein. SIPL retains full and complete title to all intellectual property rights and other proprietary rights subsisting in or used in relation to any such software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any such software.
10. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
10.1. The Services, and all Content and software associated therewith, or any other features or functionalities associated with the Services, are provided "as is" and "as available" with all faults and without warranty of any kind. To the fullest extent permissible pursuant to applicable law, we, our affiliates and our licensors make no representations or warranties of any kind with respect to the Services and/or all Content associated therewith, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
10.2. SIPL assumes no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of any advice, opinion, statement or other content or of any products or services advertised by third parties through the Services. You may opt to use the same at your own risk. SIPL does not make any warranty that the Services or the Content will meet your requirements, or that the Services or the Content will be uninterrupted, timely, secure, be free from errors, interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion, or that defects, if any, will be corrected.
10.3. You expressly agree that use and access of the Services, including all Content, data or software distributed by, downloaded or accessed from or through the Services, is at your sole risk. You understand and agree that you will be solely responsible for any loss of data that results from the download or access of such Content.
10.4. We do not make any representations with respect to the contents and composition of the Content from the Services. We do not endorse, condone, support or make any warranties regarding accuracy or completeness of any statements, representations, advice, views or opinions contained in any of the Content or advertisements. All such statements, representations, advice, views or opinions may be partly or entirely fictional, exaggerated or false and the licensors of such Content or advertisement are solely responsible for the same.
10.6. SIPL disclaims any warranty or representation that confidentiality of information transmitted through the Services will be maintained. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon SIPL or its affiliated parties.
10.7. The disclaimers provided herein are supplementary to the Legal Disclaimer and neither shall substitute or limit the other.
10.8. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SIPL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE OR RESPONSIBLE TO ANY ENTITY OR INDIVIDUAL FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES INCLUDING, WITHOUT LIMITATION, (1) ANY LOST PROFITS OR GOODWILL, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON THE YOUR INFORMATION HANDLING SYSTEM OR ANY PROPERTY DAMAGE THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE OR DUE TO ANY UNAUTHORIZED ACCESS TO, THE CONTENT, AND FUNCTIONS OF THE Services OR CONTENT OTHERWISE MADE AVAILABLE VIA THE SERVICES; (2) ANY ERROR OR INACCURACIES OR FOR THE SUBJECT MATTER OF THE CONTENT, EVEN IF SIPL IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES HERETO ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.
12. OTHER TERMS
12.1. Termination: We reserve the right to terminate or restrict your use of our Services, without notice, for any or no reason whatsoever. SIPL may also impose limits on certain features and services or restrict your access to parts or all of the Services without any notice or liability.
12.2. Export Control Regulations: You hereby agree to comply with all applicable laws regarding software and the transmission of technical data exported from the country in which you reside and are using such Services.