TERMS OF USE / USER AGREEMENT
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE
By visiting / accessing this website http://www.utvstars.com ("Website"/Website) owned by UTV Entertainment Television Limited (hereinafter UETL / we/ our) you are agreeing to abide by and be bound by the following terms and conditions and all other terms and conditions as appearing in all other sections /web pages of the Website (collectively referred to as the “T&C”). You are under an obligation to ensure that you are legally and/or otherwise entitled to visit this Website under the laws that govern the jurisdiction from where you are accessing/using the Website and in the event you need / require parental guidance you have obtained the same. By using this Website, you signify your agreement to these T&C. If you do not agree to these T&C, you may not use this Website. We reserve the right, in our sole discretion, to change, modify, add or delete portions of these T&C ("Amendment") at any time without notice, and it is your responsibility to review these T&C for any changes. Your use of the Website following any Amendment of these T&C will signify and constitute your assent to and acceptance of such revised T&C.
The term UETL is used through this entire document to refer to its and any other group/affiliate/holding companies and their directors, employees, officers, affiliates, agents, representatives, subcontractors, suppliers, consultants, advertisers, affiliates, partner etc.
1. PERSONAL USE
The Website is for your personal use only. You may not use the Website or any of its contents thereof for commercial purposes or in any way that is illegal, or harms us or any person or entity, as determined in our sole discretion. By accessing the Website, using the services/ information on the Website, you assume full responsibility for any and all gains and losses, financial, emotional or otherwise, experienced, suffered, incurred or expected to be suffered/incurred by you.
UETL hereby grants you a limited, non-exclusive, non-assignable and non-transferable right to access and use the Website, provided and expressly conditioned upon your agreement that all such access and use shall be governed by the T&C contained herein.
2. ACCOUNTS
This Website requires you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes ("Registration Data"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify us at the address set out at the end of the document of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to this Website. In addition, you agree to exit from your account at the end of each session by logging off properly.
3. INTELLECTUAL PROPERTY RIGHTS & COMPLETE RESTRICTION ON RETRANSMISSION OF INFORMATION
The Website as well as the photographs, videos, images, graphics, designs, information, software, codes, videos, and all other materials contained in the Website is the sole, exclusive, perpetual and valuable property of UETL (either through ownership or through appropriate licenses) in all territories throughout the world. The videos, images, graphics, designs, information, software, codes, videos, and all other materials on the Website obtained through the social networking platforms like Twitter, Facebook etc. or from any fans, persons, entities are not the property of UETL and the intellectual property rights in such videos, images, graphics, designs, information, software, codes, videos, and all other materials shall be owned by the original owner of such material is obtained. UETL does not own any rights in such videos, images, graphics, designs, information, software, codes, videos, and all other materials. All intellectual property rights including but not limited to copyright, trademarks, trade names, trade addresses, designs, patents, brand names, logos, characters, visual and audio rights are the sole and exclusive right of UETL and nothing in this document shall be construed as transferring, assigning or licensing any such ownership rights to you or any other person, company or entity. You may not resell, redistribute, broadcast or transfer any information, photographs, videos, images, graphics, designs, software, codes and any other material or use any such information/graphics/materials in a searchable, machine-readable database unless separately and specifically authorized in writing by UETL prior to such use. You may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store, time-share, reverse engineer, this Website, any part thereof, or any of the information received or accessed therefrom to or through any other person or entity unless separately and specifically authorized in writing by UETL prior to such use. In addition, you may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Website. Any use of the information/graphics/designs/software/ code and other materials contained in the Website requires the prior written consent of UETL and may require a separate fee/charge that shall be at decided at the sole discretion of UETL.
4. LIABILITY DISCLAIMER
You expressly agree that your access and /or use of the Website are at your sole risk. The contents, information, software, products, features and services appearing on this Website may include inaccuracies or typographical errors. Changes are periodically added to the contents. The Website may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions including but not limited to delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, internet problems, server problems, defects, weather, strikes, walkouts, fire, acts of god, riots, armed conflicts, acts of war, or other like causes. We shall have no responsibility to provide you access to the Website while interruption to the Website due to any such cause continues. UETL (including but not limited to its directors, employees, officers, affiliates, agents, representatives, subcontractors, suppliers, consultants, advertisers, affiliates, partner or any other associated entities) shall not be liable for any loss or liability resulting directly or indirectly, from such discontinuance of the services/site. UETL (including but not limited to its directors, employees, officers, affiliates, agents, representatives, subcontractors, suppliers, consultants, advertisers, affiliates, partner or any other associated entities) shall not be liable to user or member or any third party should UETL exercise its right to modify or discontinue any or all of the contents, information, software, products, features and services published on the Website at any point of time.
UETL (including but not limited to its directors, employees, officers, affiliates, agents, representatives, subcontractors, suppliers, consultants, advertisers, affiliates, partner or any other associated entities) makes no representations about the suitability of the contents, information, software, products, features and services contained on the Website for any purpose. All such contents, information, software, products, features and services are provided "as is" without warranty of any kind either express or implied, including without limitation, any warranty for information, data, services, uninterrupted access, or products provided through or in connection with the Website. Specifically, UETL disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the or content of information, products or services; and (ii) UETL (including but not limited to its directors, employees, officers, affiliates, agents, representatives, subcontractors, suppliers, consultants, advertisers, affiliates, partner or any other associated entities) hereby disclaims all warranties and conditions with regard to these contents, graphics, , software, products, features and services, their availability, accuracy, usefulness, information including all implied warranties and conditions of title, merchantability, fitness for a particular purpose, title, non-infringement, and availability. You specifically agree that UETL shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Website. You specifically agree that UETL is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of you and/or any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that UETL is not responsible for any content sent using and/or included in the Website by you and/or any third party.
In no event shall UETL and/ or its directors, employees, officers, affiliates, agents, representatives, subcontractors, suppliers, consultants, advertisers, affiliates, partner or any other associated entities be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the UETL's Website/services, with the delay or inability to use the UETL's site/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website/services, or otherwise arising out of the use of the Website/services, whether based on contract, tort, negligence, strict liability or otherwise, even if UETL or any of its suppliers has been advised of the possibility of damages use of the Website.
UETL reserves the right to disclose any personal information about you or your use of the Website/services, including its contents, without your prior permission if UETL has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of UETL or its affiliated companies; (3) enforce the terms of use.
5. INFORMATION DISCLAIMER
You acknowledge that the information provided through the Website is compiled from sources, which are beyond the control of UETL though such information is generally recognized to be generally reliable, you acknowledge that inaccuracies may occur and UETL does not warrant the accuracy or suitability of the information. For this reason, as well as the possibility of human and mechanical errors and other factors, you acknowledge that the Website is provided to you on an "as is, with all faults" basis. UETL expressly disclaims any and all warranties, whether express, oral, implied, statutory or otherwise, of any kind to the users and/or any third party, including any implied warranties of accuracy, timeliness, completeness, merchantability and fitness for a particular purpose, as well as any warranties arising by virtue of custom of trade or course of dealing and any implied warranties of title or non-infringement. Further, UETL does not represent or warrant that the Website will meet your requirements or is suitable for your needs. UETL does not endorse in anyway any advertisers/ contents of advertisers on the webpages of the Website. You are to verify the veracity of all information on your own before undertaking reliance and actioning thereupon. UETL shall not be responsible nor liable for any consequential damages arising on account of you relying on the contents of any advertisement.
Under this user agreement, you assume all risk of errors and/or omissions in the Website, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Website, including the information, and for maintaining any means, which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information under the user agreement. You agree that UETL (including but not limited to its directors, employees, officers, affiliates, agents, representatives, subcontractors, suppliers, consultants, advertisers, affiliates, partner or any other associated entities) shall not in any event be liable for any special, incidental or consequential damages arising out of the use or inability to use the Website for any purpose whatsoever. UETL and its directors, employees, officers, affiliates, agents, representatives, subcontractors, suppliers, consultants, advertisers, affiliates, partner or any other associated entities shall have no liability in tort, contract, or otherwise to user and/or any third party.
6. USE OF MESSAGE BOARDS, CHAT ROOMS AND OTHER COMMUNICATION FORUMS
If the Website contains message/bulletin boards, chat rooms, or other message or communication facilities (collectively, " Public Forums"), you agree to use the forums only to send and receive messages and material that are proper and related to the particular forum. By using this Website, you agree that you will not distribute any thing that:
1. (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms any person or entity;
2. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
3. infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
4. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
5. contains a virus or other harmful component, or otherwise tampers with, impairs or damages this Website or any connected network, or otherwise interferes with any person or entity's use or enjoyment of this Website;
6. comprises of the act of downloading any file posted by another user of a forum that you know, or reasonably should know, cannot be legally distributed in such manner
7. is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" (including but not limited to forwarding surveys, contest, chain letters etc.) as those terms are commonly understood and used on the Internet.
8. do not generally pertain to the designated topic or theme of the relevant Public Forum.
You acknowledge that anything you submit to the Website by way of any Public Forum may be routed through our servers, the servers of one or more third parties on our behalf and the Internet, and may be viewed on the Internet by the general public and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that Public Forums and features offered therein are for public and not private communications. Please keep in mind that whenever you give out personal information online, through any media, including without limitation, a Public Forum, that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
When participating in a Public Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with. Information obtained in a Public Forum may not be reliable, and it is not a good idea to take any action, including to trade or make any investment decisions, based solely or largely on information you cannot confirm. We cannot be responsible for the accuracy of any user-generated content contained in a Public Forum, and we shall not be responsible for any trading, investment, or any other decisions made or actions taken or not taken based on such information or content.
UETL accepts no responsibility for the contents of the video, internet and / or audio chat transcripts. The views expressed during such chats are purely that of the participants and UETL does not subscribe to the same.
7. USER GENERATED CONTENT/SUBMISSIONS
In the event you submit, post or otherwise send us any information, content or materials including, without limitation, data, text, messages, files, images, photographs, videos, audiovisual works, musical compositions (including lyrics), sound recordings, postings, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and any other materials, as well as links to data, text, files, images, photographs, videos, audiovisual works, musical compositions (including lyrics), sound recordings, postings, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and other biographical information or material, web pages and any other materials (collectively, "User-Generated Content") through such features or activities, we (and our licensees, distributors, agents, representatives and other authorized users) shall be entitled to unrestricted use of such User-Generated Content for any purpose whatsoever, commercial or otherwise, without the requirement of any permission from or payment to you or to any other person or entity. No User-Generated Content shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any User-Generated Content. Without limiting the foregoing, you hereby grant us (and our licensees, distributors, agents, representatives and other authorized users), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify (including, without limitation, removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), adapt, translate, create derivative works based upon and publicly perform such User-Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including, without limitation, on our Website, on third party web sites, on our television broadcast and cable networks and stations, and on our broadband and wireless platforms, products and services) for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution (the "User Generated Contents' License"). To the extent that any User-Generated Content submitted by you contain original songs or recordings, you hereby represent that you are a member of the applicable performing rights society and that all musical compositions (including lyrics) contained in such User-Generated Content are available for licensing to us (and our licensees, distributors, agents, representatives and other authorized users) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you hereby grant us (and our licensees, distributors, agents, representatives and other authorized users) a perpetual, exclusive and irrevocable license to publicly perform each and every musical composition (including lyrics) contained in such User-Generated Content. To the extent that we solicit User-Generated Content through features or activities on the Website (including, without limitation, games, sweepstakes, contests, promotions and Public Forums that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us (and our licensees, distributors, agents, representatives and other authorized users). If such rights are not assigned to us (and our licensees, distributors, agents, representatives and other authorized users), your license to create material using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your User-Generated Content are used by us.
You are and shall remain solely responsible for the User-Generated Content submitted and/or posted under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting the same. You acknowledge that the use of User-Generated Content posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
We reserve the right to screen, refuse to post, remove or edit User-Generated Content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any Public Forum. If we elect to screen User-Generated Content, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your User-Generated Content including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material.
You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use.
You agree that any User-Generated Content you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. To the extent any "moral rights," "ancillary rights," or similar rights in or to the User-Generated Content exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.
Without limiting the scope of the User-Generated Contents' Licence or any future grant of rights, consents, agreements, assignments and waivers you may make with respect to User-Generated Content, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to User-Generated Content submitted by you to us.
8. EQUIPMENT AND OPERATION
You shall provide and maintain all telephone/internet and other equipment necessary to access the Website and the costs of any such equipment and/or telephone/internet connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment used to access the Website.
9. LINKS TO THIRD PARTY SITES
The links in the Website will allow you to access websites other than the Website. You acknowledge that, when you click on a link to visit site thus linked, a frame may appear that contains the UETL logo, advertisements and/or other content selected by UETL. The linked sites are not under the direct or indirect control of UETL. UETL has not reviewed, nor approved these sites and is not responsible for the contents or omissions of any linked site or any links contained in a linked site. The inclusion of any linked site does not imply endorsement by UETL of the site. You shall access all such links at your sole risk, cost and consequences. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably waive any claim against us with respect to information, content and materials contained on our sites (including, without limitation, User-Generated Content), on third party sites, and any information, content and materials you provide to such third party sites (including, without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
10.INDEMNIFICATION
You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of this Website and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
11. LIMITATION OF LIABILITY
Under no circumstances, including negligence, shall we, our affiliate/group/holding/subsidiary companies, our licensors or licensees, or any of the foregoing entities' respective resellers, distributors, service providers or suppliers, be liable to you or any other person or entity for any direct, indirect, incidental, special or consequential damages including lost profits, personal injury leading to temporary or permanent incapacitation (including death) and property damage of any nature whatsoever, that result from (a) the use of, or the inability to use, this site or content, or (b) the conduct or actions, whether online or offline, of any user of this site or any other person or entity, even if we have been advised of the possibility of such damages. In no event shall our total liability to you for all damages, losses and causes of action whether in contract, tort (including negligence) or otherwise exceed the amount paid by you, if any, or $100 (whichever is less) for accessing or participating in any activity related to this site. Moreover, under no circumstances shall we, our licensors or licensees, or any of the foregoing entities' respective resellers, distributors, service providers or suppliers, be held liable for any delay or failure in performance resulting directly or indirectly from an act of force majeure or causes beyond our or their reasonable control.
We may block your further access to this Website or change this Website or delete content or features in any way, at any time and for any reason or no reason.
The limitations, exclusions and disclaimers in this section and elsewhere in these terms of use apply to the maximum extent permitted by applicable law.
12. CONFLICTING TERMS AND SEVERABILITY
If there is any conflict between the T&C and other documents, the T&C shall govern and be effective, whether such other documents is prior to or subsequent to this user agreement, or is signed or acknowledged by any director, officer, employee, representative or agent of UETL. If any part of this user agreement is determined to be invalid or unenforceable pursuant to applicable law then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. No waiver of any provision of these the T&C by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these the T&C shall not constitute a waiver of such right or provision.
13. ATTORNEY'S FEES
If UETL takes action (by itself or through its associate companies) to enforce any of the provisions of this user agreement, including but not limited to collection of any amounts due hereunder, claim of any and all other nature against an user etc. UETL shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney's fees and any costs of any litigation.
14. ENTIRE AGREEMENT
The T&C read along with the Privacy policy of the Website constitutes the entire agreement between UETL and you, and no other agreement, written or oral, exists between you and UETL.
15. TERMINATION
The T&C shall remain in full force and effect unless terminated or canceled for any of the following reasons: (a) immediately by UETL for any unauthorised access or use by you (b) immediately by UETL if you assign or transfer (or attempt the same) any rights granted to you under this agreement; (c) immediately, if you violate any of the other terms and conditions of the T&C or any other terms and conditions as appearing in other sections/webpages of the Website. Termination or cancellation of this agreement shall not effect any right or relief to which UETL may be entitled, at law or in equity in any part of the world. Upon termination of this user agreement, rights (if any) granted to you will terminate and revert to UETL. Except as set forth herein, regardless of the reason for cancellation or termination of this user agreement, the fee charged if any for access to the Website is non-refundable for any reason.
16. JURISDICTION
The terms of this agreement are exclusively based on, construed according to and subject to the jurisdiction of Indian law. You hereby irrevocable consent to the exclusive jurisdiction, seat and venue of competent courts in Mumbai, India in any and all disputes arising out of or relating to the use of the Website.
In the event of any questions/queries please write in at the following address:
Genx Entertainment Limited
1171-1172, Solitaire Corporate Park
Guru Hargovindji Marg,
Chakala, Andheri (East)
Mumbai 400 093