PLEASE READ. YOUR USE OF THE NIRI 9 OTT PLATFORM IS SUBJECTED TO THESE TERMS OF USE AND PRIVACY POLICY. BY USING THE SITE, YOU CONSENT TO THE COLLECTION AND USE OF YOUR DATA IN ACCORDANCE WITH OUR PRIVACY POLICY
These Terms of Use (“Terms") applies to the NIRI Media (OPC) Pvt Ltd. (NIRI 9) digital platforms including without limitation www.niri9.com and other related websites, mobile applications and other online features that link to this Terms (each a “Site(s)/ App(s)”). These Terms shall apply to the websites, web pages, digital platforms, interactive features, applications, widgets, blogs, social networks, etc., alternative reality worlds or features, or other online or wireless offerings that post a link to these Terms, whether accessed via computer, mobile device or other technology, manner or means. The Site(s)/ App(s) are offered by NIRI 9 or other companies associated with NIRI 9 (collectively, “NIRI 9,” or “we”, “us”, “our”). These Terms govern your rights and responsibilities in connection with the particular Site(s)/ App(s) that you are using. The term Site(s)/ App(s) includes the content on that Site(s)/ App(s), all of our services provided on or through that Site(s)/ App(s) (the “Services”), and any software that we make available on or through that Site(s)/ App(s) (the ”Software”), unless otherwise specified. You “use” the Site(s)/ App(s) anytime you access (via computer, mobile device or other devices, etc.), view, link to or from, or otherwise interact or communicate with or connect to, the Site(s)/ App(s) (or any parts thereof) or interact or communicate with other users through the Site(s)/ App(s) (including, without limitation, on message boards, chat rooms and/or other communities established on the Site(s)/ App(s)). Your use of the Site(s)/ App(s) (or any part thereof) signifies your agreement to be bound by these Terms and the NIRI 9 privacy policy (the “Privacy Policy”), which is hereby incorporated by this reference into these Terms. These Terms constitute a legally binding agreement between you and NIRI 9 regarding your use of the Site(s)/ App(s) and the services that allow for sharing of such content with third party(ies) and access to and/ or view the video, audio, and other content through such Site(s)/ App(s). Do not use the Site(s)/ App(s) if you do not agree with any of the terms contained herein and in the Privacy Policy. By accessing the Site(s)/ App(s) and/ or Services you agree to be bound by these Terms. You hereby represent and warrant to NIRI 9 that you are at least eighteen (18) years of age and/or otherwise capable of entering into and performing legal agreements, and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the Site Service, they may do so only with the supervision and prior consent/ permission of a parent or legal guardian, under such person´s account and otherwise subject to these Terms. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member / utilize the Services. Given the nature of the internet, even though the Site(s)/ App(s) is/ are ordinarily (but not always) targeted to Indian residents, it may be accessed in other parts of the world. If you are not an Indian resident and yet use the Site(s)/ App(s), you acknowledge, understand and agree that you are doing so on your own initiative and at your own risk and that it is your responsibility (and not ours) to make sure that your use of the Site(s)/ App(s) complies with all applicable local laws in the jurisdiction from where you access or use the Site(s)/ App(s).
IF YOU ARE ACCESSING THE SITE(S)/ APP(S), BY SUBMITTING YOUR PERSONALLY IDENTIFIABLE INFORMATION ON THE SITE(S)/ APP(S), YOU EXPRESSLY CONSENT TO THE TRANSFER OF SUCH DATA TO INDIA, AND TO THE PROCESSING OF SUCH DATA ON NIRI 9'S (OR ITS DESIGNATED VENDORS’) SERVERS, WHERE YOUR DATA WILL BE GOVERNED BY RESPECTIVE LAWS THAT MAY PROVIDE A LOWER (OR DIFFERENT) LEVEL OF DATA PROTECTION THAN YOUR COUNTRY.
NIRI 9 reserves the right at its sole discretion, to change, modify and/or add to these Terms or to the Privacy Policy, in whole or in part, at any time. Changes to these Terms or the Privacy Policy will be effective when posted. You agree to review these Terms and the Privacy Policy periodically to become aware of any changes. Your use of the Site(s)/ App(s) or any part thereof after any changes to these Terms or the Privacy Policy are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby. If you object to any such changes, your sole recourse will be to stop using the Site(s)/ App(s).
1. OWNERSHIP; RESTRICTIONS ON USE
The content of the Site(s)/ App(s) and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by NIRI 9 and/or its licensors or group companies and are protected by applicable Indian and international copyright and other intellectual property laws. You acknowledge, understand and agree that you shall not have, nor be entitled to claim, any rights in and to the Site(s)/ App(s) content/ Services and/or any portion thereof. You agree not to copy, reproduce, duplicate, stream, capture, access through technology or means other than those provided on the Site(s)/ App(s), perform, transfer, sell, resell, download, upload, archive, license to others, edit, modify, manipulate, create derivative works from or based upon (including, without limitation, mash-ups, montages, wallpapers, ringtones, greeting cards, T-shirts or other merchandise), publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the Site(s)/ App(s) or any component part thereof. Any of the unauthorized uses referred to above would constitute an infringement of the copyrights and other proprietary rights of NIRI 9 and/or its licensors and a violation of these Terms and may subject you to civil and/or criminal liability under applicable laws.
2. LICENSES GRANTED TO YOU
Subject to these Terms (including, without limitation, the YOUR RESPONSIBILITIES section set forth below), we hereby grant you, if and only to the extent the necessary functionality is provided to you on or through the Site(s)/ App(s), the following limited, revocable, non-exclusive, non-transferable, non-assignable, worldwide, royalty-free rights and licenses (“License”):
2.1 The License to access, view and otherwise use the Site(s)/ App(s) (including, without limitation any Services provided on or through the Site(s)/ App(s)) for your personal (non-commercial), lawful use only, as intended through the customary and authorized functionality of the Site(s)/ App(s);
2.2 The License to stream Site(s)/ App(s) content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Site(s)/ App(s) (any such widget or other digital streaming internet video player referred to as a “Site Widget/ Video Player”) for your personal, lawful use only;
2.3 The License to cut and paste certain code expressly made available to you through the Site(s)/ App(s) (whether such functionality is designated as “sharing” functionality or not) in order to embed, re-publish, maintain, and/or display the specific Site(s)/ App(s) content to which such code relates on your own personal, customized social networking web page(s), web blog(s), or microblog(s) (collectively, your “Personal Social Media”), and/or, if the Site(s)/ App(s) provides “widget grabbing and embedding” functionality, to “grab” a Site Widget and embed, re-publish, maintain, and/or display such Site Widget on your Personal Social Media;
2.4 The License to cut and paste certain code expressly made available to you through the Site, and/or if the Site provides “widget grabbing and embedding” functionality, to “grab” a Site Widget, to forward, as applicable, such code and/or Site Widget to your friends, so that they can view the Site content contained therein, and/or if, they so desire, so that they themselves may embed the forwarded piece of code or Site Widget on their own Personal Social Media or re-forward it to their own friends;
2.5 If the Site(s)/ App(s) enables you to download Software, the License to install and use one copy of the Software on your personal computer system, mobile or other permitted device; provided, however, that you understand and agree that (i) by allowing you to download the Software, NIRI 9 does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software's owner (which may be NIRI 9 and/or its third party Software licensor) will retain full and complete title to such Software; (ii) you shall not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software without the prior written consent of NIRI 9; (iii) you shall not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; (iv) you shall not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law.
3. YOUR RESPONSIBILITIES
Your rights under any one or more of the Licenses set forth above are conditioned upon your compliance with each of the following:
3.1 Subject to availability of these functionalities you will not create or Submit (as defined below) a User Submission that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, rules, regulations or (“Applicable Laws”), or that infringes or violates other parties' intellectual property, publicity, or privacy rights or links to infringing or unauthorized content;
3.2 You will not embed, re-publish, maintain and/or display any Site(s)/ App(s) content (including, without limitation, any of your own User Submissions) on any Personal Social Media or other web site or other internet location that ordinarily contains or hosts content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any Applicable Laws, or that infringes or violates other parties' intellectual property rights or links to infringing or unauthorized content;
3.3 You will not send spam, chain letters, pyramid schemes or any other unsolicited or unauthorized advertising or promotional materials, or harass, bully, stalk, harm, or otherwise cause mental or physical distress or injury to anyone, or defame or disparage someone, or engage in any other unlawful or objectionable conduct while using the Site;
3.4 You will provide accurate, current and complete information about you or anyone else, and you will not provide false information about you or anyone else (including, without limitation, when you are being asked on the Site to provide accurate information about your age), and you will not impersonate or appear to impersonate anyone else or otherwise misrepresent your affiliation with any person or entity;
3.5 You will not use any one or more of the Licenses granted to you (and any associated functionality) to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material or information, whether personally identifiable or not, posted by or concerning any other user of the Site, unless you have obtained prior permission from such user to do so;
3.6 You will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Site(s)/ App(s) (or any parts thereof);
3.7 You will abide by all copyright notices, information, and restrictions contained in or associated with any of the Site(s)/ App(s) content;
3.8 You will not remove, alter, interfere with or circumvent any copyright, trademark, watermark, or other proprietary notices marked/displayed on Site(s)/ App(s) content, Software or Services;
3.9 You will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geo-filtering and/or encryption, etc.) associated with Site content;
3.10 You will not use any of the rights granted to you or any of the Site(s)/ App(s) content or Services in a manner that suggests an association with any of NIRI 9 's products, services or brands, unless otherwise specifically permitted by NIRI 9;
3.11 You will not use bots, spiders, offline readers or other automated systems to access or use the Site(s)/ App(s) in a manner that sends more request messages to the Site(s)/ App(s)'s servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser, unless you are a lawfully operating a public search engine, in which case (subject to NIRI 9 's full discretion to revoke this exception at any time), you may use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices (but not caches or archives) of such materials;
3.12 You will not knowingly transmit any material that contains adware, malware, spyware, software viruses, time-bombs, cancel-bots, worms, trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
3.13 You will not do anything that is likely to adversely affect or reflect negatively upon or harm the goodwill or reputation of NIRI 9 or any of its affiliates or group companies, or the Site(s)/ App(s), or any of the content running or being promoted on the Site(s)/ App(s) (including, without limitation, any movie, television program or other initiative);
3.14 You will not do anything on the Site(s)/ App(s) that would prevent other users' access to or use of the Site(s)/ App(s) or any part thereof;
3.15 You will be responsible for maintaining the confidentially of any username or password associated with access to the Site(s)/ App(s) (including, without limitation, in those instances in which the Site(s)/ App(s) uses the account creation mechanism and management of a third party’s social network, website or device), and you are solely responsible for all activities that occur under your username and/or password; and
3.16 You will use the Site(s)/ App(s) and the Licenses always in compliance with these Terms and all Applicable Laws.
4. USER SUBMISSIONS; GRANT OF LICENSE TO NIRI 9; YOUR WARRANTIES AND REPRESENTATIONS
When you submit (or attempt to submit) your User Submissions on or by means of the Site(s)/ App(s), you automatically grant to NIRI 9 and its affiliates, group companies an irrevocable, perpetual, worldwide, unconditional, unrestricted, fully-paid, royalty-free, transferable, fully sub-licenseable to multiple tiers of sublicensees, non-exclusive right and license (the “NIRI 9 License”) to display, publicly perform, distribute (including, without limitation, through third-party web sites, blogs, microblogs and other social networking media and internet and mobile resources and applications etc.), store, transcode, host, cache, maintain, broadcast, webcast, mobile-cast, transmit, distribute, tag, track, reproduce, edit, modify, format, re-format, link to and from, translate, delete, create derivative works, combine with other content, categorize, and/or otherwise use, reuse and/or otherwise exploit your User Submissions (or any portions or derivative works thereof) and any names, likenesses, voices, images, digital recordings, performances, and other ideas, concepts, feedback and other materials included in your User Submissions, in any manner, medium or content delivery technology now known or hereinafter devised, for any purpose, as determined solely in NIRI 9's (or its authorized designees/licensees') sole discretion, without the requirement for any compensation to you or anyone else, or the need to require additional consent from you or anyone else, or the need to provide prior notification or any credit to you or anyone else. The NIRI 9 License shall survive in perpetuity in accordance with its terms regardless of whether you stop using the Site or NIRI 9 terminates your access to the Site(s)/ App(s). NOTHING CONTAINED HEREIN SHALL BE DEEMED TO TRANSFER TO NIRI 9 OR TO ANY OF ITS AFFILIATES, ANY OWNERSHIP RIGHTS IN AND TO YOUR USER SUBMISSIONS, PROVIDED, HOWEVER, THAT NIRI 9 AND/OR ITS AFFILIATES AND/OR ITS LICENSORS WILL RETAIN SOLE AND EXCLUSIVE OWNERSHIP OF ANY OF THE NIRI 9 LICENSED ASSETS (IF ANY) INCLUDED IN YOUR USER SUBMISSIONS. EVEN THOUGH BY SUBMITTING YOUR USER SUBMISSIONS YOU ARE GRANTING TO NIRI 9 THE BROAD RIGHTS AND LICENSES SET FORTH ABOVE, YOU ACKNOWLEDGE AND UNDERSTAND THAT NOTHING CONTAINED HEREIN SHALL OBLIGATE NIRI 9 AND/OR ANY OF ITS AFFILIATES OR AUTHORIZED DESIGNEES TO HOST, DISTRIBUTE, DISPLAY OR OTHERWISE EXPLOIT ANY OF YOUR USER SUBMISSIONS OR EXERCISE ANY OTHER RIGHTS UNDER THE NIRI 9 LICENSE. You acknowledge and agree that: (a) you have no expectation of confidentiality of any nature with respect to any of your User Submissions, and (b) NIRI 9 and/or any of its affiliates may already have projects under consideration that are similar to your User Submissions or may independently develop projects that are similar to your User Submissions, or other User Submissions transmitted by other users of the Site may be similar or the same as your User Submissions. Because of the viral nature of social media, you should not submit any content or information to NIRI 9 that you do not want to be viewed and “shared” or otherwise distributed by others. In connection with all of the User Submissions you Submit to the Site, and any other activities that you conduct on or by means of the Site, you represent, warrant and covenant that: (i) the User Submissions are original to you (in other words, that you own all rights in and to your User Submissions) or, alternatively, that you have acquired all necessary rights in your User Submissions to enable you to grant to NIRI 9 the NIRI 9 License; (ii) you have paid or satisfied and will pay or satisfy in full all license fees, clearance fees, royalties, and any other financial or third party obligations of any kind, if any, arising from any use or exploitation of your User Submissions, and NIRI 9 will not be responsible for such obligations; (iii) your User Submissions do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party; (iv) neither your User Submissions, nor any of the other activities that you undertake on the Site(s)/ App(s), are or will at any time be: defamatory or disparaging of any individual or entity, unlawful, pornographic, obscene, threatening, vulgar, indecent, profane, hateful, sexually explicit or sexually suggestive, intended to bully or harass or stalk, or resulting in bullying, harassing, or stalking, racially or ethnically or culturally offensive, or otherwise objectionable or encouraging of criminal conduct, or giving rise, or potentially giving rise, to civil or criminal liability, or linking to infringing or unauthorized content, or transmitting unsolicited advertising materials, or intended to result in, or resulting in, any mental or physical distress or injury to any person, violate of any Applicable Laws or these Terms, or violate of any person’s publicity or privacy rights; and (v) your User Submissions are not intended by you to benefit any commercial enterprise associated with you or any third party. You agree to keep all records necessary to establish that your User Submissions do not violate any of the foregoing representations and warranties and to make such records available to NIRI 9 upon NIRI 9 's request. NIRI 9 is not responsible for any loss, theft or damage of any kind to any User Submissions. You acknowledge that NIRI 9 does not as a matter of its ordinary practice pre-screen any User Submissions submitted by you or other users of the Site but that NIRI 9 (and/or any of its authorized designees) has the right to and may pre-screen or review after initial submission any of the User Submissions for a variety of reasons, including, without limitation, for compliance with these Terms or Applicable Laws, or if otherwise desired or necessary, as determined by NIRI 9 in its sole discretion. NIRI 9 shall have the right in its sole discretion to refuse, remove, edit, or disable any of your User Submissions (and/or any other Site users' User Submissions) that violate these Terms or are otherwise objectionable, as determined by NIRI 9 in its sole discretion, as well as terminate your and/or any Site user's continued access to and/or other use of the Site (including, without limitation, access to and/or use of any of the Services, features or functionality available on or through the Site). NIRI 9 does not control or endorse any User Submissions, and any User Submissions submitted to the Site do not reflect the opinions, views or policies of NIRI 9 or any of its affiliates. NIRI 9 disclaims any and all liability in connection with any and all User Submissions, and you agree to waive any legal or equitable rights or remedies you may have against NIRI 9 or any of its affiliates with respect to such User Submissions. If you remove or delete any of your User Submissions from the Site, that User Submission will be removed from the Site within a reasonable period of time. Nonetheless, a User Submission that you remove may still be available to third parties who previously acquired the link to that User Submission and NIRI 9 may maintain copies for archival purposes. NIRI 9 reserves the right to display advertisements in connection with your User Submissions and to use your User Submissions to advertise and promote your User Submissions or the Site (in whole or in part) or any of NIRI 9 products or services. You acknowledge and agree that you have no right or interest in any of the revenue generated from such advertisements. These provisions shall remain in full force and effect in perpetuity notwithstanding any termination of your use of the Site.
Users hereby acknowledge that certain content on the Site(s)/ App(s) is for use solely by responsible adults over the age of 18 or the age of consent in the jurisdiction from which it is being accessed. There are various genres of content suitable for the consumption by the users below the age of 18 years and also for users above 18 years of age, who have attained the age of majority. Should the user choose to access such content intended for the consumption by the users above the age of 18 years then, , such user shall be making the following representations:
That the user has attained the age of majority, or at least 18 years of age, and has the legal right to access and / or possess content meant for adults;
That the user has voluntarily chosen to access such content, because he / she wants to view the same and does not find the said content to be offensive or objectionable;
That by viewing any part / portion of content intended for the consumption by the users above the age of 18 years available on the application/website, the user agrees that the user shall not hold the owners of the application/website NIRI 9, its directors, or its employees responsible for any said materials;
That the user will exit this Site(s)/ App(s) immediately should he / she be in anyway offended by the adult nature of the content;
That the user understands and agrees to abide by the standards and laws of India or the jurisdiction from which it is being accessed.
5. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE(S)/ APP(S) IS AT YOUR SOLE RISK. THE SITE(S)/ APP(S) (AND ANY PORTION OF THE SITE(S)/ APP(S)) IS PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE.” TO THE FULL EXTENT PERMITTED BY LAW, NIRI 9 AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). Neither NIRI 9 nor any of its affiliates make any warranties or representations about the accuracy or completeness of content available on or through the Site(s)/ App(s) or the content of any web sites, Personal Social Media or other internet or mobile resources linked to the Site(s)/ App(s) and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site(s)/ App(s) (or any parts thereof); (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site(s)/ App(s); (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site(s)/ App(s) (or any parts thereof) by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any User Submissions and/or other Site(s)/ App(s) content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or by means of the Site(s)/ App(s) and/or otherwise through your or any other Site(s)/ App(s) users' exercise of any rights under any of the Licenses granted by NIRI 9 herein. NIRI 9 reserves the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access to any portion of the Site(s)/ App(s) (including, without limitation any of the Services).
6. LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL NIRI 9 OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE SITE(S)/APP(S) OR ANY PARTS THEREOF.
YOU UNDERSTAND AND AGREE THAT NIRI 9 DOES NOT COMMIT TO A MINUMUM UPTIME AND IS NOT IN ANYWAY LIABLE TO INDEMNIFY/ COMPENSATE/ REFUND YOU FOR ANY LOSS/ HARM/ DAMAGE CAUSED THEREBY.
NIRI 9 Site(s)/App(s) enables streaming of content only through compatible devices. This software may vary by device and medium, and functionalities may also differ between devices. NIRI 9 shall endeavor but not be committed and liable to ensure the compatibility and/ functionality of the Site(s)/ App(s) with all your devices. In the event of failure of the same, you can contact the customer support and NIRI 9 shall use its best possible efforts to extend such compatibility. However, in no event shall you hold NIRI 9 liable for the same.
7. INDEMNIFICATION
You agree to indemnify and hold harmless NIRI 9 and its affiliates and its and their respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable outside attorneys' fees and costs) that such parties may incur as a result of or arising from (i) any of your User Submissions; (ii) your exercise of any of your rights granted under the Licenses without your compliance with your responsibilities set forth in these Terms; (ii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these Terms; (iii) your violation of any person's intellectual property, privacy, publicity or other right; (iv) the violation of any Applicable Laws and/or these Terms by you and/or anyone using your registered account to access and/or otherwise use the Site (in whole or in part); or (v) your willful misconduct or the willful misconduct of anyone accessing the Site through your registered account, in connection with your (and/or such other person's) use of the Site (in whole or in part). NIRI 9 reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with NIRI 9 in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.
8. COPYRIGHT INFRINGEMENT NOTIFICATION; DESIGNATED COPYRIGHT AGENT
NIRI 9 respects the intellectual property rights of others. Upon proper notice, NIRI 9 will remove User Submissions (and any other Site(s)/ App(s) content) that violate copyright law. As per the provisions of Information Technology Act, 2000 and any amendments made thereto along with the rules framed there under and the provisions of the Copyright Act, 1957 along with all the amendments made thereto and rules framed there under, NIRI 9 shall remove upon receiving written notification of claimed copyright infringement on the Site(s)/ App(s) and for processing such claims in accordance with such law. If you believe a work has been copied in a way that constitutes copyright infringement, please send a notification of claimed infringement (an “Infringement Notification”) that contains all the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the claimed infringing material and information reasonably sufficient to permit NIRI 9 to locate the material on the Site(s)/ App(s); (iii) information reasonably sufficient to permit NIRI 9 to contact you, such as an address, telephone number, and, if available, an e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) your physical signature.
Legal Department
NIRI Media (OPC) Pvt. Ltd.
Flat no 300/B, Tribeni Complex
Pandu Port Road, AdabariTiniali
Kamrup Metro, Guwahati, Pincode - 781012 Assam | India
By submitting an Infringement Notification, you acknowledge and agree that NIRI 9 may forward your Infringement Notification and any related communications to any users who posted the material identified in such notice.
9. GOVERNING LAW AND JURISDICTION
The relationship between you and NIRI 9 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) NIRI 9 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 Mumbai, India.
10. SEVERABILITY; WAIVER
If any provision of these Terms shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The failure of NIRI 9 to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site(s)/ App(s) or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site(s)/ App(s).
11. TERMINATION
You understand and agree that NIRI 9 may, in its sole discretion and at any time, terminate or temporarily suspend your rights under any of the Licenses and otherwise your access to the Site(s)/ App(s), and discard, remove, and/or disable or deactivate any or all of your User Submissions that you submitted to or by means of the Site(s)/ App(s) and/or any other information and data that you (and/or anyone else) may have provided to or by means of the Site(s)/ App(s), for any reason. NIRI 9 may also, in its sole discretion and at any time, discontinue the Site(s)/ App(s) or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice. YOU UNDERSTAND AND AGREE THAT NIRI 9 MAY TAKE ANY ONE OR MORE OF THESE ACTIONS WITHOUT ANY NOTICE TO YOU, PRIOR OR OTHERWISE, AND YOU UNDERSTAND AND AGREE THAT NEITHER NIRI 9 NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY TO YOU OR TO ANY OTHER PERSON FOR ANY TERMINATION OF YOUR (OR ANYONE ELSE'S) ACCESS TO THE SITE(S)/ APP(S) OR PARTS THEREOF; AND/OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OF YOUR USER SUBMISSIONS (OR THE USER SUBMISSIONS OF ANYONE ELSE) OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OTHER INFORMATION OR DATA THAT YOU (OR ANYONE ELSE) MAY HAVE PROVIDED ON OR BY MEANS OF THE SITE(S)/ APP(S). YOU MAY DISCONTINUE YOUR ACCESS TO, USE OR PARTICIPATION ON OR BY MEANS OF THE SITE(S)/ APP(S) AT ANY TIME.
12. INJUNCTIVE RELIEF
Notwithstanding anything to the contrary herein, you hereby irrevocably waive any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of any NIRI 9 or any NIRI 9 affiliate-related motion picture, production or project, or the use, publication or dissemination of any advertising or promotion in connection with such motion picture, production or project. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site(s)/ App(s).
13. CHANGES IN SITE OWNERSHIP
You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Site(s)/ App(s), of any information about you contained in the applicable NIRI 9 database, to the extent NIRI 9 assigns its rights and obligations regarding such information in connection with a merger, acquisition, or sale of all or some of our assets, or in connection with a merger, acquisition or sale of all or some assets related to a particular Site(s)/ App(s), to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the Site(s)/ App(s) signifies your agreement to be bound by the terms of use and privacy statement of the Site(s)/ App’s(s) subsequent owner or operator. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site(s)/ App(s).
14. SPECIAL RULES FOR NIRI 9 WEBSITE/ APP SERVICE
NIRI 9 SITE(S)/ APP(S) SERVICE, REGISTRATION AND ACCESS TO USE
The NIRI 9 Site(s)/ App(s) Service is an online platform service providing its members with various contents by way of streaming over the internet to the NIRI 9 Site(s)/ App(s) on various devices and platforms which will include mobile and similar other handheld devices and by way mobile applications.
Registration
To register for the NIRI 9 Site(s)/ App(s) Service you shall be required to do the following:
Open an account by completing the registration process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form). You also will choose a password and a user name.
You are entirely responsible for maintaining the confidentiality of your password and account. In particular, as a parent or legal guardian, you acknowledge and assume sole responsibility to ensure that content which is meant for mature audiences (i.e, above the age of majority) is not accessed by children. Hence, you may not share your log in credentials with your children.
You expressly agree to absolve NIRI 9 and/or the NIRI 9 Site(s)/ App(s) Service of any responsibility / liability in this regard.
Facebook Connect:
You may also register for the NIRI 9 Site(s)/ App(s) Service by using your Facebook username and password. Using Facebook Connect allows NIRI 9 to personalize and enhance your experience while using the NIRI 9 Site(s)/ App(s) Service, based on your personal information, profile, likes, and other relevant information. When you use this feature, you expressly consent to information about your activity on the NIRI 9 Site(s)/ App(s) Service (i.e. what you have watched, what you have liked, ratings given by you, etc.) being continuously released and automatically posted on your Facebook account (which has been used to log in) and made available to your friends on Facebook. You may control the information being shared through Facebook Connect by changing your account / privacy settings. By registering, you agree to the Terms stated herein and in addition to any other specific terms which shall be posted at an appropriate location of the Site(s)/ App(s). Each registration is for a single individual user only.
15. SUBSCRIPTION
To be able to view the content, you will be required to subscribe to any one subscription plan (“Plan”) of the NIRI 9 Site(s)/ App(s) Service viz., the plans available on the Site(s)/ App(s) to be able to access the services which shall be entitled to full fee flexibility, solely at the discretion of NIRI 9.
You may be required to subscribe to the NIRI 9 Site(s)/ App(s) Service and such subscription in a particular geographical territory that shall be valid for that territory only and shall not automatically entitle you to access your account from a different geographical territory, unless specifically permitted by NIRI 9. You will be required to re-subscribe to the NIRI 9 Site(s)/ App(s) Services in the event that you wish to use the services from a different territory other than the one from where you originally subscribed to the NIRI 9 Site(s)/ App(s) Service.
16. ACCESS TO USE:
To access the NIRI 9 Site(s)/ App(s) Service, you will be asked to enter your individual user name and password, as chosen by you during your registration. Therefore, NIRI 9 does not permit any of the following:-
(1) Any other person sharing your account and password;
(2) Any part of the Site(s)/ App(s) being cached in proxy servers and accessed by individuals who have not registered with NIRI 9 as users of the Site(s)/ App(s).
Access through a single account being made available to single device (subject to change without prior intimation) on a network.
If NIRI 9 reasonably believes that an account and password is being used / misused in any manner, NIRI 9 reserves the right to cancel access rights immediately without notice, and block access to all users from that IP address. Furthermore, you shall be entirely responsible for any and all activities that occur under your account. You agree to notify NIRI 9 immediately of any unauthorized use of your account or any other breach of security. NIRI 9 will not be liable for any loss that you may incur as a result of someone else using your password or account, however, you could be held liable for losses incurred by NIRI 9 or another party due to someone else using your account or password.
To be able to view any Content, you will be asked to enter your user name and password after which you shall have to subscribe to any of the Plans as mentioned above and follow the payment procedure as prescribed here below.
17. AVAILABILITY
The availability of content(s) to view through NIRI 9 Site(s)/ App(s) Service will change from time to time at the sole discretion of NIRI 9. The quality of the display of the streaming video may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection, and/ or quality of user’s hardware. You are responsible for all internet access charges. Please check with your internet provider for information on possible internet data usage charges.
Geographic Limitation: You may watch a video through the NIRI 9 Site(s)/ App(s) Service only in geographic locations where NIRI 9 offers the NIRI 9 Site(s)/ App(s) Service. The content that may be available to view will vary by geographic location. NIRI 9 may use technologies to verify your geographic location.
18. NIRI 9SITE(S)/ APP(S) SERVICE STREAMING SOFTWARE:
The NIRI 9 Site/(s)/ App(s) Service streaming software is developed and designed to enable only streaming of content on the devices/platforms which are Service ready. These Site(s)/ App(s) may vary by device and medium, and functionalities may also differ between devices. This Site(s)/ App(s)is licensed to you pursuant to these Terms and solely for the purpose of using the NIRI 9 Site(s)/ App(s) Service and for no other purpose whatsoever. NIRI 9 does not warrant the performance of the Site(s)/ App(s), including its continuing compatibility with the NIRI 9 Site(s)/ App(s). Any unauthorized use of the Site(s)/ App(s) is strictly prohibited and NIRI 9 reserves the right to not provide the Site(s)/ App(s) (including updates) to you at any time and to discontinue the ability to access the NIRI 9 Site(s)/ App(s) Service through such Site(s)/ App(s) at any time, without prior or any notice. When you use an NIRI 9 Site(s)/ App(s) ready device, you expressly represent that you have the express authority to use such device and be liable for any transaction conducted through such device on the Site(s)/ App(s). The NIRI 9 Site(s)/ App(s) permits only streaming of the content available on the Site(s)/ App(s)and restricts the download and storage of such content, except the download functionality available on the App(s).
19. BILLING
By subscribing to the NIRI 9 Site(s)/ App(s) Service, you are expressly agreeing that NIRI 9 is authorized to charge you subscription fee as per your selected plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the NIRI 9 Site(s)/ App(s) Service through any such payment method/ instrument including but not limited to credit/debit card, net banking or other payment method/ instrument accepted by NIRI 9 (“Payment Method”) that you are provided. The Payment Methods will differ from platform to platform (operating systems).
In the event you desire to discontinue your auto-renewed subscription, you may contact us at [email protected] in order to obtain assistance in this regard.
As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription and towards the end of each subscription term. We will notify you regarding such expiration. To see the commencement date for your next renewal period, go to the billing information section on your account page. If you change your Payment Method or subscription plan, this could result in changing the date on which you are billed. However, NIRI 9 will not be able to notify you of changes in any applicable taxes. All fees and charges are non-refundable and there are no refunds or credits for partially used periods and/or unwatched content. Any changes in the subscription plan opted for by you shall be effective only after the expiry of the then current subscription period for which you have been billed. Similarly, the services as per revised plan opted by you shall be effective only after the expiry of the then current subscription period. In case you require a change in the subscription plan and/or services prior to the expiry of the then current subscription period, then NIRI 9 shall not be under any obligation to refund or give credit for any portion of the subscription fee paid by you for the unexpired period. You will remain liable to NIRI 9 for all such amounts and all costs incurred by NIRI 9 in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys´ fees, and arbitration or court costs. You also understand and acknowledge that NIRI 9 only facilitates the third party payment gateway for processing of payment. 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 the like. You agree and acknowledge that NIRI 9 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. You can contact us at [email protected]in case you require any assistance with regard to payment transfer on the Site(s)/ App(s) and the same could be forwarded to the concerned third party payment gateway provider for the redressal. You consent that NIRI 9, at its sole discretion, shall be entitled to revise the fees (including but not limited to charging for the free content and vice versa) associated with the content(s) hosted on Site(s)/ App(s). You may cancel your membership at any time; however, there are no refunds or credits for partially used periods. It must be noted that subscription for NIRI 9 Site(s)/ App(s)Services shall not provide as an entry into any contests or events of NIRI 9.
20. MISCELLANEOUS
The Privacy Policy (as provided on the Site(s)/ Apps(s)), and any other documents, instructions, etc. included on the Site(s)/ Apps(s) shall be read in conjunction with and shall form an integral part of these Terms of Use.