Terms of use

Terms of Service - Movietonne

We suggest that you read the Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Subject to compatibility, You may be able to access the Services through mobile phones, tablets and other IP based connected devices or any Compatible System offered by a partner authorized by Movietonne .
Use of the Services is subject to compliance with these Terms of Use. Unless otherwise specified, the Services is available for individuals who have attained the age of majority in their jurisdiction; in the case of India, this service is restricted to Users who are aged 18 years or older. If You are under the relevant age of majority in Your jurisdiction, You may only access the Site and the Services only in accordance with applicable law which enables a minor in your jurisdiction to access such a service.
SOME CONTENT OFFERED ON THE SITE MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE SITE MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THIS WEBSITE. Your access to and use of the Services is subject to these Terms and Conditions, Privacy Policy and all applicable laws, rules, and regulations.
Participation in any contest and or game on the Site conducted by Movietonne or viewing of certain Content may be subject to further terms and conditions as may be notified by Movietonne 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 Movietonne, You agree and understand that You are communicating with Movietonne through electronic media/ records and You consent to receive communications via electronic records from Movietonne periodically and as and when required. Movietonne 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 Movietonne or made available to Movietonne through a Partner which will be deemed adequate service of notice / electronic record.

Subscription Services:

Some of the Content made available on the Site can be availed only by registered Users who have registered under a subscription model ("Subscription User"). You may need to register yourself on the Site to avail these services on a subscription model ("Subscription"). To become a Subscription User, You may be required to provide certain personal information to Movietonne and may be required to make payments ("Subscription Fee") as per the applicable membership plan through a debit card, credit card, internet banking or through, e- prepaid wallet or other payment method accepted by Movietonne ("Payment Method(s)") that You opted for during registration. Movietonne will be using third party payment gateways to process and facilitate the payment of Your Subscription Fee to Movietonne. On successful registration to the Subscription, Movietonne will intimate you of the same. Movietonne may offer different kinds of Subscription plans, each of these Subscription plans will be subject to different limitations and restrictions and the cost of each of these Subscription plans may vary.Movietonne shall have the discretion to make certain Content that is a part of the Subscription available to You on more than one end user Compatible System concurrently. Movietonne shall also have the discretion to make certain Content that is a part of the Subscription available to You on not more than one end user device concurrently.

Account registration:

To make a purchase, you must create an account with Movietonne. To create an account, you must provide a valid email address, along with your name. You represent and warrant that all information you provide is accurate. You are solely responsible for maintaining the security of your account and for all activity that occurs under your account. You must notify us immediately if you suspect any unauthorized access to or use of your account.
The member who created the Movietonne account and whose Payment Method is charged (the "Account Owner") has access and control over the Movietonne account and the Movietonne ready devices that are used to access our service and is responsible for any activity that occurs through the Movietonne account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the Movietonne ready devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Movietonne or our partners from identity theft or other fraudulent activity.

Payment, Price and Products:

Prices (and the currency) for our products are dependent on the region you log in from. Prices are also subject to change without notice, but you will clearly be able to see the prices on the website before purchasing any product. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
You also understand and acknowledge that Movietonne only facilitates the third party payment gateway for processing of payments. This facility is managed by the third party payment gateway provider and You are required to follow all the terms and conditions of such third party payment gateway provider.
You are responsible for the accuracy and authenticity of the information provided by You, including the bank account number/credit card details and any other information requested during the subscription process. You agree and acknowledge that Movietonne shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.

By agreeing to use/avail the Services:

You confirm and warrant that all the data and information supplied by You when You register (if applicable) and provided by You to Movietonne and or any Movietonne's affiliates, distributors ("Registration Data") is true, current, complete and accurate in all respects.
You agree to promptly update Your Registration Data, so that Your information remains true, current, complete, and accurate at all times.
You acknowledge and agree that Your Registration Data and any other personal data collected by Movietonne is subject to Movietonne's Privacy Policy. For more information, view the full Privacy Policy. Movietonne may collect information such as occupation, language, pincode, State Name, area code, unique device identifier, location, and the time zone where the Services are used and may use these to target advertising and make content recommendations.
You agree that certain other data may be collected / recorded from your device via the Site by third parties engaged by Movietonne, in accordance with the terms and for the purposes specified in Movietonne’s Privacy Policy.
You acknowledge, consent and agree that Movietonne may access, preserve, transfer and disclose Your account information and/or User Material (see below) subject to the Privacy Policy, if required to do so by law to co-operate with mandated government and law enforcement agencies or to any private parties by an order under law for the time being in force to enforce and comply with the law including to various tax authorities upon any demand or request by them or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process and/or any applicable law in the territory; (b) enforce the Terms and Conditions; (c) respond to Your requests for customer service; or (d) protect the rights, property or personal safety of Movietonne, affiliates, its users and the public.
You agree that Movietonne has the right to temporarily suspend access to the whole or any part of the Services for any technical/operational reason and shall be under no liability to You in such an event. Movietonne may, but shall not be obliged to, give You as much notice of any interruption of access to the Services as is reasonably practicable. Movietonne will restore access to the Services as soon as reasonably practicable after temporary suspension.
You agree that Movietonne shall be under no liability whatsoever to You in the event of non-availability of the Site or any portion thereof occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the control of Movietonne.
You acknowledge and agree not to either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, violate, or circumvent any patent; trade secret; copyright, trademark, or other proprietary notice marked on the Content or any digital rights management mechanism or device; any content protection or access control measure associated with the Content, including geo-filtering mechanisms; privacy; publicity; or other proprietary right under applicable law.
You agree not to either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content or create any work or material that is derived from or based on the Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered, or given away.

You agree that Movietonne and/or its affiliates or licensors owns and/or retains all rights to the Services and the Movietonne Content throughout the territory of the world in perpetuity. You further agree that the Movietonne Content You access and view as part of the Services is owned or controlled by Movietonne, its affiliates and or its licensors. The Services and the Movietonne Content are protected by copyright, trademark, design, patent, trade secret, and other intellectual property laws.
You agree that third parties and/or its affiliates or licensors owns and/or retains all rights to the Third Party Content. The Third Party Content are protected by copyright, trademark, design, patent, trade secret, and other intellectual property laws.
Except as provided in these Terms (or otherwise expressly provided by Movietonne), You may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use any Content contained in the Services.

You further agree not to use the Services to:

Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another's privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
Harass or harm another person;
Exploit or endanger a minor;
Impersonate or attempt to impersonate any person or entity;
Violate any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary right;
Introduce or engage in activity that involves the use of viruses, software disabling codes, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software, applications and/or any element comprising the Site, the application for accessing the Content, or the Movietonne Services;
Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Movietonne Services, including Movietonne's servers, networks or accounts;
Cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Movietonne Services or the Content;
Delete or revise any information provided by or pertaining to any other user of the Movietonne Services.
Movietonne shall on examination of the complaint take all reasonable measures, including taking down the objectionable User Material expeditiously in accordance with applicable law. You agree and acknowledge that Movietonne's responsibility in relation to objectionable User Material is limited to removing them post receipt of Your objections in accordance with these Terms of Use and Movietonne shall not be responsible or liable for any other damages or losses incurred by You of any nature whatsoever.

Linked Destinations:

Part of this Site/Service contains links to third party sites and third party content. You agree and acknowledge that Movietonne does not endorse or sponsor such third party sites, content, advertising or other material on such third party sites.
If Movietonne provides links or pointers to other websites or destinations, You should not infer or assume that Movietonne operates, controls, or is otherwise connected with these other websites or destinations. When You click on a link within the Services, Movietonne 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 and/or Privacy Policy to govern Your use of another website or destination.
Movietonne 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 Movietonne. By using the Services, You acknowledge and agree that Movietonne 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.

Advertising:

Movietonne may integrate third party software development kits (SDKs) with the Site to improve placement of advertisements that may be better suited to Users. Movietonne expressly disclaim any liability arising out of the advertisements, usage or viewing of these products or services advertised on our Site or the (third party) content made available / hosted on the third party sites.
Movietonne takes no responsibility for advertisements or any third party material posted on the Site 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 Movietonne is not liable for any loss or claim that You may have against an advertiser.

Third Party Content:

Movietonne's role is limited to providing a communication platform along with hosting services to third parties, to enable the transmission of the Third Party Content directly from third parties to You. The Third Party Content on the Site is directly uploaded onto the Site by third parties who avail of Movietonne's hosting services, without any intervention from Movietonne in the uploading / transmission process. Movietonne's role is that of an 'intermediary' as defined under the Information Technology Act, 2000 and the rules thereunder, with regard to the Third Party Content. Being an intermediary, Movietonne has no responsibility and / or liability in respect of any Third Party Content on the Site, including for intellectual property rights infringement, defamation, obscenity or any other violation under applicable law.
Movietonne does not endorse, market, advertise or publicize any Third Party Content on the Site and is not responsible or liable for any Third Party Content. Movietonne's role is limited to notifying You of the availability of the Third Party Content on the Site.
Movietonne does not pre-screen the Third Party Content and has no obligation to monitor any Third Party Content. Hence, Movietonne does not have actual or specific knowledge of any Third Party Content on the Site. However Movietonne at its discretion and in accordance with applicable law may monitor any Third Party Content and may remove any Third Party Content from the Site if Movietonne determines in its sole discretion that such Third Party Content is in violation of this Agreement or any applicable law. Movietonne, at its discretion, may review the Third Party Content when, and only when, complaints are received from You. Such actions do not in any manner negate or dilute Movietonne's position as an intermediary or impose any liability on Movietonne with respect to Third Party Content.
Movietonne will consider all communications, requests and suggestions sent by You and other members of the public provided that such communications are sent in a bona fide manner in good faith in the interest of the Site and public good. However Movietonne is not under any obligation to act on any such communications, requests and suggestions or respond to any one. Movietonne's decision in this respect shall be final. Specifically, if any such request relates to a request / demand to take down/ disable/ remove/ delete any Third Party Content in the Site, Movietonne is under no legal obligation to respond to or act on such requests. Movietonne will take such action as Movietonne is required to take under applicable law. If there is any valid court order or administrative order issued requiring Movietonne to take any action, then Movietonne will comply with such court order or administrative order.

Support:

If You have any questions, complaints or claims with respect to the Site and/or Services and/or Content, then such correspondence should be directed to the address as given below. The contact information – support@movietonne.com

Warranties:

You agree that use of the Services and the access to the Site 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 Site 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, Movietonne 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, malware or other harmful components, accurate, error free or reliable.

Limitation of Liability:

In no case shall Movietonne, 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 access of the site or 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.

Reimbursement:

You agree to defend, indemnify and hold harmless Movietonne, 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 attorneys' 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 publicity, privacy, or intellectual property right; (iv) Your breach of any applicable laws; and (v) any unauthorized, improper, illegal or wrongful use of Your Account by any person, including a third party, whether or not authorized or permitted by You. This indemnification obligation will survive the expiry or termination of these Terms and Conditions and Your use of the Service.

Law and Jurisdiction:

The relationship between You and Movietonne 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 (i) Movietonne 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; and (ii) any proceeding brought by You shall be exclusively before the courts at Guwahati, India.

Changes:

Movietonne reserves the right, at any time and from time to time, without prior notice to You, to update, revise, supplement, and otherwise modify these Terms of Use and to impose new or additional rules, policies, terms, or conditions on Your use of the Service. Any updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Terms of Use as "Revised Terms") will be posted on the Site and will be effective immediately after such posting and thereafter incorporated into these Terms and Conditions. We recommend that you periodically check the Site for the Revised Terms Your continued use of the Services will be deemed to constitute Your acceptance of any and all such Revised Terms.

Survival:

You acknowledge that Your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law, confidentiality shall survive the efflux of time and the termination of these Terms and Conditions.