CINEPLAY DIGITAL PVT LTD
TERMS AND CONDITION FOR USE
Please read carefully the following terms and conditions ('these Terms') which apply to the Cineplay Digital Private Limited ('Cineplay') service ('the Service') as set out on the Cineplay website. By using the Service you agree to be legally
bound by these Terms. If you do not agree, do not use the Service. You can print off these Terms, or store them in your computer, for future reference. These Terms may be updated by us from time to time without notice to you. You should review
the Cineplay website periodically for changes to these Terms, your continued use of the Service after any such changes constitutes your acceptance of the new Terms.
In these Terms:
'Cineplay' means Cineplay Digital Pvt Ltd .Com Limited;
'Content' means all filmed theatrical productions together with any and all other material on the site made available for streaming;
'Contract' means the contract for the provision of the Service to you on the basis of these Terms;
'Service' means the Cineplay digital media and streaming services;
'site' means Cineplay's website at www.cineplay.com, or any other site used by Cineplay for the provision of the Service;
'Software' means the Cineplay Digital software product(s) and digital asset(s) which may include associated software components;
'Territory' means the world and the universe;
'Users', 'you' or 'your' means the person who has registered on the site and for whom Cineplay has agreed to provide the Service in accordance with these Terms, and includes any individual who uses the Service on behalf of that person.
In these Terms and on the site the "purchase" of Content refers to downloading the Content which you can then keep for an unlimited period of time, and the "renting" of Content refers to access being made available to you for streaming the Content
for a limited period of time.
2. INFORMATION ABOUT CINEPLAY
cineplay.com is a site operated by Chhoti Production Company is registered in India under company number U74999MH1977PTC019899. Cineplay's registered office is at Gandhi Mansion, Level 2, 12/22, Bomanji Master Lane, Behind Edward Cinema, Mumbai
400 002, Maharashtra, India.
3. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that Cineplay is the owner or the license of all intellectual property rights in the site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the any intellectual property rights in the site, in any manner, and you shall not exploit the said intellectual property rights in any unauthorized
way whatsoever. You acknowledge that no intellectual property rights are intended to, nor shall they be deemed to, transfer to any person who accesses the site, in any way, including (but not limited to) by assignment, implied assignment, license
or implied license, either by application of these Terms or use of the site in any other way, whether authorized or not by these Terms.
Cineplay may at its own discretion and without giving notice alter, remove or suspend any part of the site and any Content of the site. In no event will Cineplay be liable for any loss or damage arising as a result of modifications made to the site.
4. REGISTRATION PROCESS
To purchase or rent Content you must first complete the registration process on the site. If you register with the site on behalf of another individual, firm, company or other person, you must ensure that the other person is aware of and agrees to
these Terms, and you warrant that you have done so and are authorized to bind that other person.
In order to purchase and rent and stream Content, you will be required to enter the username and password you selected during the registration process.
You are responsible for the security and proper use of all passwords and must take all necessary steps to ensure that all passwords are kept confidential, and are used properly and not disclosed to unauthorized people. You will be responsible for
all activities and orders under your password. You must inform Cineplay immediately if you have any reason to believe that any passwords have become known to someone not authorized to use it or if any passwords are being or likely to be used in
an unauthorized way. Cineplay will not be liable if passwords are disclosed or used improperly.
Cineplay has the right to disable any password at any time if in Cineplay's opinion you have failed to comply with any of the provisions of these Terms.
If you forget any password, you will be given a new password once you contact Cineplay and satisfy the security checks which Cineplay operates.
You confirm that all the information supplied by you during the registration process is true, complete and accurate in all respects. You agree to notify Cineplay immediately of any changes to your registration information. If Cineplay believes that
you have provided false information or that you have intentionally failed to notify Cineplay of any changes to this information, Cineplay reserves the right to terminate your access to the Service immediately and without notice.
5. THE SERVICE & YOUR USE OF THE SITE
The site provides video content of theatrical productions. Among other features on the site you may:
preview clips and trailers or gallery photos directly from the site on a promotional basis at no cost to you.
he Service is for your own personal and non-commercial use and you may not (or support others to) make any copies of any downloads/streams other than for personal use or capture, copy, or download any preview or other material on the site.
Except as expressly provided in these Terms no part of the site or Services may be copied or reproduced in any manner and you may not use any automatic device or manual process to access, acquire, copy or monitor any portion of the site or Services
or in any way reproduce or circumvent the navigational structure or presentation of the site.
The use of any part of the site or Service, except for use of the site or Service as permitted in these Terms, is strictly prohibited and may result in the infringement of the intellectual property rights of others, subjecting you to civil and criminal
penalties, including possible monetary damages, for copyright infringement. You also agree that you will not use the site or Service for any purposes prohibited by any applicable law.
You agree you will not (or support others to) circumvent or modify any security technology or Software that is part of the site.
You agree that you will not use the Service in any manner that could damage, disable, impair or overburden the site and will not attempt to gain unauthorized access to any part of the site through hacking, password mining or any other means.
You will be responsible for any losses and costs resulting from your breach of these Terms.
If you choose to access the site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
6. AGE RESTRICTION & CHILD SUPERVISION
You must be at least 18 years of age to register for use of the site and Services. If you are under 18 but at least 12 years of age you must present these Terms to your parent or legal guardian and he/she may register on your behalf, otherwise you
are not entitled to use the site or the Services.
Parents/guardians allowing children access to and use of the site should supervise such access and use. Certain Content may not be suitable for minors and Cineplay will give an indication of this where possible. It is your responsibility to determine
what is suitable for them to access.
7. TERMS FOR STREAMING / PRICE & PAYMENT
Once you have selected the Content you wish to purchase and click the 'Pay' button this will constitute an offer to Cineplay to buy the Content. Cineplay will then process your transaction and will send you an email receipt for your purchase. Cineplay's
email receipt for your purchase of Content brings into existence a legally binding contract between you and Cineplay. If Cineplay is unable to accept your purchase for any reason we will notify you as soon as possible by email.
In consideration of the supply of the Service, you agree to pay to Cineplay the price shown in relation to each video purchase.
Cineplay shall, at its sole discretion, be entitled to vary the prices from time to time without notice to you.
Payments may include local taxes as applicable.
Payment of Cineplay's charges by you for the use of the Service can be made by any method of payment and in any CURRENCYshown on the checkout page of the site.
8. REFUND POLICY
All sales are final and all charges from those sales are non-refundable unless faulty. It is not possible to cancel your purchase after you have completed payment.
While Cineplay will send you an e-mail notification of every valid purchase Cineplay receive from you, Cineplay cannot guarantee that the notification will be received by you, or that it will be legible and uncorrupted.
You must observe and comply with all applicable laws when you stream any product from the site.
You shall be entitled to notify Cineplay of any faulty Content purchased and streamed by you within seven (7) days of the initial stream. Cineplay shall permit you to stream a file containing the same Content in replacement of the original
faulty Content at no cost if in its reasonable opinion Cineplay deems the original stream to be corrupt, malfunctioning or inoperable on your system.
9. LINKS TO THIRD PARTY WEBSITES
The site may include links to third party websites that are controlled and maintained by others. Any link is not an endorsement of such websites and you acknowledge and agree that Cineplay is not responsible for the content or availability of any
10. SERVICE ACCESS
While we try to ensure that the Service is normally available 24 hours a day, we cannot be held responsible if for any reason the Service is unavailable at any time or for any period.
Access to the site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
Although we make all reasonable efforts to ensure that the server that makes the site available is bug and virus free, we cannot provide any guarantee in this respect.
You are responsible for obtaining Internet access to the site from where you are in order to use the Service. We cannot be held responsible for your failure to access the site or use the Service from any location or browser. Any access fees incurred
in reaching the site (e.g. dial up charges) and any equipment necessary to access the Service are your responsibility.
Owing to the nature of the Internet and the fact that your access to the site involves functionality outside our control, we cannot be held responsible for technical problems that you may experience with the Service.
We do not guarantee that the Service will be compatible with your computer. While we try to provide the Service using all reasonable care, we cannot be held responsible for any corruption or loss of data held on your computer, or any damage caused
to your computer resulting from your use of the Service.
11. DISCLAIMERS AND LIMITATION OF LIABILITY
Use of the Service is at your own risk. Cineplay does not promise that the site, Content, Service or feature of the site will be uninterrupted or error-free, or that any defects will be corrected. The site, Content and Service are provided on an
"as-is" and "available" basis without any warranty of any kind whether express or implied.
Cineplay cannot ensure that any files or other data you stream from the site will be free of viruses or anything else that may be destructive.
Cineplay disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and you assume total responsibility for your use of the site and any linked sites.
To the extent permitted by law Cineplay and third parties connected to Cineplay hereby expressly exclude:
all conditions, warranties (express or implied) and other terms which might otherwise be implied by statute, common law or the law of equity; and
any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the site or Services or any websites linked to it and any materials posted on it, including, without limitation any liability for loss of
income or revenue; loss of business; loss of profits/savings; loss of data; loss of goodwill; wasted time and for any other loss or damage of any kind however so arising whether caused by tort (including negligence), breach of contract or otherwise,
even if foreseeable.
Notwithstanding the above if Cineplay is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the site or any Service, Cineplay's liability shall in no event exceed the total of any fees
paid by you with respect to the Service within the six months prior to the date of the initial claim made against Cineplay.
Nothing stated in Clause 11.4 above shall be construed so as to exclude or limit the liability for death or personal injury as a result of neither the negligence of Cineplay nor any other liability which cannot be excluded or limited under applicable
Your sole remedy for dissatisfaction with the site, Content or Service is to stop using the site or any such Content
Cineplay reserves the right, without notice, to do any of the following at any time:
to modify, interrupt, suspend or terminate operation of or access to the site, or any portion of the site; and
to modify or change the site, and any policies or terms.
You agree to indemnify and hold Cineplay, harmless from and against any breach by you of these Terms and any claim or demand brought against Cineplay by any third party arising out of your use of the Services including without limitation any demands,
loss, liability, claims or expenses (including legal costs and expenses), howsoever suffered or incurred by Cineplay due to or arising out of or in connection with your use of the site.
Cineplay may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the site. Cineplay reserves the right to
disclose any information that Cineplay deems necessary to comply with any applicable law, regulation, legal process or governmental request. Cineplay may also disclose your information when Cineplay determines that applicable law requires or permits
such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
Cineplay has the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms. Cineplay may also, at its sole discretion, discontinue the site/Services
or any part thereof without prior notice and you agree that Cineplay shall not be liable to you or any third party for any termination of your access to the site/Service.
If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms shall survive and remain in full force
and effect and continue to be binding and enforceable.
16. GOVERNING LAW
The use of this Service and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be governed by and construed according the laws of India and the parties irrevocably
agree that the courts of India shall have exclusive jurisdiction.