Welcome to Q Play, a direct to consumer free advertising based video on demand app offering QYOU Media India Private Limited’s (“Qyou”) five channels.
This user agreement (“User Agreement”) is an electronic record in terms of Information Technology Act, 2000 (“Act”) and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008, and such other applicable amendments, from time to time. This User Agreement is generated by a computer system and does not require any physical or digital signatures.
This is published for access and/or usage of the Service (defined below). Qyou provides to the Users of “Q Play App” access to various entertainment content inter alia, OTT content, live TV content video on demand entertainment, gamification, as may be available on or through the Service and as may be modified and introduced by Qyou on the Service from time to time, and any other features, tools, applications, materials, or other services offered from time to time by Qyou in connection with its business, provided on or through the Service (hereinafter collectively referred to as “Content”).
To facilitate Your viewership and access, the Service may be made available by Qyou and made available to You, through different models such as, Q Play App available through all devices which support Google Play Store through which the Q Play App can be downloaded by the User and the Service may be accessible free of charge which may include advertisements or commercials.
In this User Agreement, the following terms shall have the meaning as ascribed to them below:
“Service” means the video on demand service provided by Qyou currently branded as “Q Play App” made available to Users for accessing and watching Content, including all features and functionalities, the application, and user interfaces and software and websites/ web pages associated with the Service, accessible via any device which supports Google Play Store, on which the Q Play App is available for download. For the avoidance of doubt, the term ‘Service’, shall also include all the Content available for viewing therein, all of our other services provided on or through the Service, and any software that We make available on or through the Service, unless otherwise specified.
“User” refers to you, a residential user of Q Play App and, if required by Qyou, holding a valid account with Q Play App.
“Qyou” refers to Qyou Media India Private Limited, a company incorporated under the Companies Act, 2013, with its registered office located at B-107, Citi Point, Andheri Kurla Road, Near Kohinoor Continental Hotel, Mumbai 400059, which is the owner of all rights in this Service.
All references to “You” and “Your” shall mean the User. All references to “Qyou”, “Company”, “We”, “Us” and “Our” shall mean Qyou.
This is a legal and binding agreement between You i.e., the User of the Service and Qyou. By logging in or registering or by accessing/using the Service, You represent, warrant and expressly agree that You are an adult, and that You will be responsible for ensuring that any child/children authorized by You to use and access the Services does/do so in accordance with these User Agreement (including other policies as referred in the User Agreement or referred later). IF YOU DO NOT AGREE WITH ANY OR ALL OF THE FOLLOWING USER AGREEMENT YOU SHOULD NOT ACCESS OR USE THE SERVICE AND ANY USE THEREAFTER SHALL BE UNAUTHORIZED.
By accessing and/or using this Service, You consent, agree and undertake to abide, be bound by and adhere to all the terms and conditions as set forth under this User Agreement read together with the Privacy Policy referred to above and any other terms or policies which may govern the Service, from time to time. You shall be deemed to have used the Service anytime You access, view, link to or from, or otherwise interact or communicate with or connect to, the Service (or any parts thereof) or, to the extent applicable, interact or communicate with other users through the Service (including, without limitation, on message boards, chat rooms and/or other communities established on the Service).
I. REGISTRATION AND CREATION OF ACCOUNT
1. If required by Us, You should at all times while accessing/using the Service (i) be a registered user of Q Play App; or (ii) hold a valid Account (as defined below) with Q Play App. As and when required by us, You will be required to create an account which will contain personal information such as Your mobile number (“Account”). Your mobile number must be verified by You to proceed further through one-time-passwords. If required by Us, access to the Services shall be subject to You registering as an Account holder.
2. You confirm and warrant that all the data and information relating to creation of Your Account, including without limitation Your email address, mobile number, login-id, password, etc., that You supply (“Registration Data”) is and accurate in all respects. You also agree to promptly update Your Registration Data (including any changes thereto) as necessary, so that Your Registration Data remains accurate at all times.
3. You are responsible for the security and proper use of Your Account details and Registration Data and must take all necessary steps to ensure that they are kept confidential, used properly, and not disclosed to unauthorized people. You are responsible for any use of Your Account and the Registration Data. It is recommended that You do not share Your Account details and/ or Registration Data with any third party. Qyou accepts no liability for any losses or damages incurred as a result of (i) Your Account details being shared by You; or (ii) unauthorized access to Your Account by a third party.
4. If You have reason to believe that Your Account details have been obtained by another person without consent or that Your Registration Data or any parts thereof have been compromised or You become aware of any confidentiality breach or any unauthorized use of Your Account, You should contact Qyou at qplay@theqindia.com immediately to suspend Your Account. In the event that an unauthorized provision commences prior to Your notifying, Qyou will suspend provision of Services. Following investigation, it shall be determined whether or not to cancel the Services or revalidate Your Account post reverification and revalidation. If Qyou reasonably believes that an account and password is being used / misused in any manner, Qyou reserves the right to cancel access rights immediately without notice, and block access to all users from that IP address. It is clarified that while Qyou shall not be liable for any loss that You may incur as a result of someone else using Your password or account.
5. You agree and understand that You are and will be communicating with Us through electronic media/ records. You acknowledge and specifically consent to receive all communication/ correspondence from (including for any request for feedback regarding the Service and/ or any of the Content, information relating to Your account such as changes in password, confirmation messages, notices, etc.) via electronic records from Us and/ or Our affiliates and partners, periodically and/ or as and when required. We will communicate/ correspond with You via email and/ or any push notification and/ or other form of instant messaging/ short service messaging service(s) and/ or through any other available electronic and internet-based means, to the email address and/ or mobile number and/ or other record(s) available with Us or made available to Us by You at the time of registration, all of which, shall be deemed adequate service of notice / electronic record.
II. ACCESS TO THE SERVICE
1. Content made available on the Service is being provided to You for free and there are no subscription charges for the usage of the Service, provided however, You may still be required to register Yourself and create an Account in order to view the free and/ or the advertisement-supported Content. However, the Company reserves the right to adopt any method of monetization through the Service in the future as it deems fit.
2. This Service is offered and made available only to Users above the age of 18 years (“Age of Majority”).
3. If You are under the Age of Majority and continue accessing the Service, the Company will assume that such access/ utilization of the Service is being done only with the involvement and express consent of Your parent/ legal guardian and that You have reviewed this User Agreement and the Privacy Policy along with Your parent/legal guardian and that Your parent/legal guardian understands and agrees to it on Your behalf. If You are under the Age of Majority at the time of accessing and/or using the Service, Your access and usage of the Service shall be deemed to be subject to parental/legal guardian consent and under parental/legal guardian’s guidance at all times. You and Your parents/legal guardians confirm that the Service is offered to You for Your enjoyment and this User Agreement shall constitute a legally binding user agreement between Qyou and Your parents/guardians who are contracting on behalf of You. Your such continued access/ utilization of the Service shall at all times be subject to the terms and conditions of this User Agreement. Where Users are below the Age of Majority, all references to “User”, “You” and “Your” shall mean and include You and Your parents/ legal guardians acting for and on Your behalf for Your benefit. The Service may include a section that exclusively provides access to only children-friendly content. However, in all cases, only persons of the Age of Majority are allowed to register any account on the Service as an authorized User and such person will alone be responsible for the operation of any such account.
4. Some of the Content offered on the Service may not be suitable for some Users and therefore viewer discretion/parental discretion and guidance, is advised. Also, some Content offered on the Service may not be appropriate for viewership by persons below the Age of Majority. If You are under the Age of Majority, You may view the Content only with prior consent of Your parents/legal guardians. Parents/legal guardians are advised to exercise discretion before allowing their children and/or wards to access this Service and/or any Material (as defined later). Should any User choose to access such Content that is qualified by viewer/ parental discretion, then, it shall be deemed that such 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 obscene or indecent or objectionable, and that that such User will exit the Service immediately should he / she be in anyway offended by such Content.
5. This User Agreement, governs Your access of the Service and any data, message, text, image, audio, sound, voice, codes, computer programmes, software, database, micro film, video, information, content, interactive elements/features etc. that You host, publish, share, transact, display, upload and/or engage with.
6. Please note that the availability of the Service is worldwide, and Your ability to access, the Service and/ or the Content and/ or any parts thereof is subject to: (a) Qyou’s sole discretion; (b) the condition that not all Content or the Service will be available to all viewers. You understand that Your access of the Service and the Content may vary depending upon Your device specifications, availability of internet connection, speed, bandwidth, etc. You acknowledge and agree that We will provide You only access to the Service and that You will be solely responsible for all equipment as may be necessary for You to access the internet, mobile and/or other connection, operator and service fees associated with Your access, etc.
7. The quality of the display of the Content may vary from 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, or otherwise. HD, Ultra HD and HDR or any other high-resolution content availability is subject to Your internet service and device capabilities, and We recommend a faster internet connection for display of such higher resolution video formats. Not all Content shall be available in all formats. The availability of formats shall be subject to change at the discretion of Qyou, and Qyou reserves the right to not provide a format at any time, without any notice.
8. The Service can be availed through such platforms, software, devices, operating systems, etc., that Qyou approves/ authorizes, from time to time (“Compatible System”). In some cases, whether a device is (or remains) a Compatible System may depend on software or platform provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible System at one time may cease to be Compatible System in the future. Subject to compatibility, You may be able to access the Service through mobile phones, smart televisions, tablets and other IP based connected devices, internet enabled devices, and/ or any Compatible System offered by a partner authorized by Qyou, from time to time.
9. You shall not access or use the Service or the Content therein by means of any mechanism or technology which masks, disguises or conceals Your actual geo-location or provides incorrect details of Your location (for example, use a virtual private network (VPN)).
10. You agree that Qyou shall be under no liability whatsoever to You in the event of non-availability of the Service or any part thereof, occasioned by any Act of God or force majeure event, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite/ internet failure, failure of any public utility, man-made disaster, or any other cause whatsoever beyond the control of Qyou.
11. Qyou reserves the right to do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Service or to the Content, or any part thereof, for any reason; (ii) to modify or change the Service or the Content, or any part thereof, and any applicable policies or terms therein; and (iii) to interrupt the operation of the Service, or any part thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes; (iv) issue updates to the Service and/ or any of the Materials, periodically, including improve existing, or add new, functionality and/or features, make reasonable technical changes, ensure the ongoing operability of the Service, or for legal or security reasons, where considered reasonably necessary by Qyou. You agree that updates and modifications may be carried out or applied automatically, without You needing to take any action. Where an update or modification is not automatic, it will only take effect once installed by You. In some cases, You may be required to update Your device (including software, operating system versions, etc) in order to make such device compatible with such upgrades/ updates, etc. Qyou shall not be responsible or liable to You in the event You are unable to access the Service or view the Content due to Your failure or inability to update Your device.
III. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
The following terms shall have the meaning as ascribed to them below:
1. “Intellectual Property Rights” shall mean all patents, trademarks, service marks, copyrights, database right, trade names, brand names, trade secrets, design rights and similar proprietary rights of Qyou and/or its licensors and/or other respective owners, whether registered or unregistered and all renewals and extensions.
2. All rights, title and interest in the Intellectual Property Rights in the Service including without limitation all its constituents, content, text, images, audios, audio-visuals, literary work, artistic work, musical work, computer programme, dramatic work, sound recording, cinematograph film, artistic work, literary work, musical work, a video recording, performance and broadcast as defined under the applicable law, specifications, instructions, abstracts, summaries, audio commentaries/content, copy sketches, drawings, artwork, software, source code, object code, comments on the source code and object code, domain names, application names, designs, database, tools, icons, layout, programs, titles, names, manuals, graphics, animation, games, applications, servers, networks, accounts, user interface instructions, photographs, artist profiles, illustrations, jokes, memes, contests, interactive elements and all other elements, data, information and materials (“Materials”) are the property of Qyou and/or its licensors and/or other respective owners and are protected, without limitation, pursuant to relevant Intellectual Property Rights laws of India and the world. Qyou retains full, complete and absolute title to the Service and all Intellectual Property Rights therein, worldwide and in perpetuity in all languages. You acknowledge and confirm that all the Content available on the Service are protected by copyright, trademark, design, patent, trade secret, and other applicable intellectual property laws and/ or are being exhibited pursuant to appropriate license/ assignment agreements with third parties.
3. The Service including any Materials thereon shall be deemed to be licensed to You by Us on a limited, non-exclusive, non-transferable (except in the case of a parent/legal guardian-minor relationship), non-sub-licensable, non-assignable, revocable basis, only for Your non-commercial, personal, private and lawful use and only for such period as We may, in Our sole discretion, deem appropriate, to view and/or access the Service, subject always to the terms and conditions set forth under this User Agreement. No right, title or interest in the Service and/ or the Materials and/ or any of the Content will be deemed transferred to You pursuant to the aforesaid license. You hereby agree to strictly refrain from any broadcast or public exhibition or communication to public, of the Service and/ or any of the Content therein, including without limitation, at any commercial establishments, places of multiple occupation and places of public exhibitions, irrespective of whether the public is charged any admission/ entry fee for such broadcast/ exhibition or for access to such venue or not, or if such exhibition is being done pursuant to any sponsorship/ merchandising/ barter or any other commercial arrangement or whatsoever nature. These shall include, without limitation: (a) hotels, motels, bars, pubs, cafes, restaurants, resorts, spas, gymnasiums, stadiums, sporting complexes; (b) schools, universities and other educational institutions, social and religious institutions, places of worship, non-governmental organizations, charitable institutions, embassies, consulates, government offices & buildings, civic organizations, consulates, embassies, hospitals, clinics, libraries, shut-ins, prisons, convents, parks, beaches, gardens, orphanages, military barracks & installations or like establishments and public places; (c) business houses/ offices, factories, industrial establishments, oil rigs, commercial shops, co-working spaces, etc; (d) all modes of public transportation including through sea, air and surface transport, ports, stations, stops, depots, waiting rooms, lounges, etc; the hostels, dormitories, communal living establishments, serviced apartments, etc; (f) cinema halls, screening centres, public auditoriums, film festivals, cultural events, etc. It is expressly clarified that the license granted to You as aforesaid, specifically exclude the right to broadcast or publicly exhibit or communicate to public, of the Service and/ or any of the Content therein at all such places/ venues, in any manner whatsoever. You shall not permit any third party to benefit from the use or functionality of the Service, either directly or via any facility management, timesharing, service bureau or any other arrangement. In case You violate any of the aforesaid conditions, Qyou reserves the immediately terminate Your Account. This shall be without prejudice to any other rights and remedies available to Qyou under this User Agreement or applicable law, or otherwise.
4. You shall not and shall not attempt to use, reproduce, redistribute, sell, offer on commercial rental, decipher, decompile, reverse engineer, disassemble, adapt, communicate to the public, make a derivative work, interfere with the integrity of the Service and/ or the Content and/ or any parts thereof (including without limitation the software, coding, constituents, elements, Materials, etc.) in any manner whatsoever. You hereby agree to refrain from further streaming or making available the Content provided on the Service to any other person(s), or in any manner communicate such Content to the public.
5. You expressly confirm not to or attempt to, directly or indirectly, copy, download, capture, reproduce, modify, edit, re-edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, upload, publish, duplicate, archive, distribute, circulate, communicate to the public, disseminate, broadcast, transmit, re-transmit, sell, rent, lease, lend, assign, license, sub-license, disassemble, decompile, reverse engineer, frame or de-link, interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access, market, promote, circulate, exploit, digitally alter or manipulate the Service and/or the Content and/ or any parts thereof (including any and all Materials therein) (in whole or in part) in any manner, medium or mode now know or hereinafter developed, either directly or through the use of any device, software, internet site, web-based service, or other means.
6. 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: (i) any patent, trade secret; copyright, trademark, or other proprietary notice marked on the Content and/ or (ii) any digital rights management mechanism or device implemented by Qyou; and/ or (iii) any content protection or access control measure associated with the Content, including geo-filtering mechanisms; privacy; publicity; or other proprietary rights under applicable law. You shall, at all times, abide by all copyright notices, information, and restrictions contained in or associated with any of the Content.
IV. CONTESTS AND PROMOTIONS
Any and all contests, promotions, surveys and campaigns hosted or conducted on the Service, including Your participation therein, maybe subject to separate contest terms and conditions and/ or further terms and conditions, as applicable and as may be specified from time to time (“Contest T&Cs”) and You are requested to read the Contest T&Cs as well as User Agreement before participating in the same and upon participation it shall be deemed that the participant has read and understood the Contest T&Cs. User Agreement are deemed incorporated by reference into Contest T&Cs provided in respect of a particular activity, unless otherwise specified.
If You have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of Service (“Code”), separate terms and conditions presented to You along with the Code may also apply to Your access to the Service and You agree to comply with any such terms and conditions. In such cases, separate terms and conditions with such third party in addition to this User Agreement may apply to Your access to the Service.
V. DISCLAIMER AND LIMITATION OF LIABILITY
1. BY ACCESSING AND/OR USING THE SERVICE, YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS DISCLAIMER. YOU AGREE THAT YOUR ACCESS TO THE SERVICE IS AT YOUR SOLE RISK AND AT YOUR FREE WILL.
2. THE SERVICE AND ALL MATERIAL THEREIN CONTAINED ARE DISTRIBUTED AND TRANSMITTED BY QYOU ON “AS IS” AND “AS AVAILABLE” BASIS AND “WITH ALL FAULTS”. QYOU AND ITS AFFILIATES, ASSOCIATES AND GROUP COMPANIES, THEIR RESPECTIVE DIRECTORS, KEY MANAGERIAL PERSONNEL, EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUB-CONTRACTORS, CONSULTANTS AND THIRD-PARTY PROVIDERS DISCLAIM ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY, FITNESS, MERCHANTABILITY, AVAILABILITY, QUALITY, FITNESS FOR ANY PURPOSE, FREE FROM DEFECTS, FAULT TOLERANCE, NON-INFRINGEMENT, COMPATIBILITY AND/OR SECURITY.
3. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INFECTION OR CONTAMINATION OF YOUR SYSTEM OR DEVICE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR ANY CONNECTED SERVICE AND DO NOT WARRANT THAT THE SERVICE, THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE OR ANY CONNECTED SERVICES ARE FREE FROM VIRUSES, TROJAN HORSES, WORMS, SOFTWARE BOMBS OR SIMILAR ITEMS OR PROCESSES OR OTHER HARMFUL COMPONENTS AND/ OR FOR ANY UNAUTHORIZED ACCESS TO OR USE OF QYOU’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN.
4. WE ARE NOT RESPONSIBLE OR LIABLE FOR INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SERVICE OR ANY CONNECTED SERVICE OR WITH RESPECT TO THE MATERIAL THEREON AND DO NOT WARRANT THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS; AND WE DO NOT WARRANT THAT THE SERVICE, OR ANY CONNECTED SERVICE, LINKED MICROSITES, ANY MATERIALS, THIRD-PARTY CONTENT, SERVICES OFFERED WILL BE UNINTERRUPTED OR ERROR FREE OR ACCURATE OR SUIT YOUR PURPOSE.
5. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE (OR ANY PARTS THEREOF).
6. INDUSTRY STANDARD EFFORTS ARE MADE TO KEEP THE SERVICE RUNNING SMOOTHLY. HOWEVER, QYOU TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, THE SERVICE BEING UNAVAILABLE DUE TO ANY REASONS.
7. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, FITNESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL AND USE OF AND ACCESS TO THE SERVICE OR ANY CONNECTED SERVICE RESTS SOLELY WITH YOU.
8. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, QYOU, ITS AFFILIATES, ASSOCIATES AND GROUP COMPANIES, AND THEIR RESPECTIVE DIRECTORS, KEY MANAGERIAL PERSONNEL, EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUB-CONTRACTORS, CONSULTANTS AND THIRD-PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY LOSS AND/OR DAMAGE AND/OR CLAIMS OF ANY KIND (WHETHER IN CONTRACT, TORT OR BREACH OF STATUTORY DUTY OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE SERVICE AND/OR MATERIALS AND/OR ANY CONNECTED THIRD PARTY WEBSITE AND/ OR ANY USE & ACCESS OF THE SERVICE AND/ OR THE CONTENT BY YOU, INCLUDING WITHOUT LIMITATION:
A. INDIRECT OR CONSEQUENTIAL LOSS;
B. LOSS OF PROFITS OR REVENUE OR SAVINGS OR OTHER ECONOMIC LOSS;
C. INCIDENTAL, DIRECT, OR SPECIAL LOSS OR PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES;
D. LOSS OF OR DAMAGE TO DATA;
E. LOSS OF BUSINESS, REPUTATION OR GOODWILL; AND/OR
F. LOSS OF USE; AND/OR
G. WASTED OR LOST MANAGEMENT TIME;
H. ANY ERRORS OR OMISSIONS IN THE SERVICE AND/ OR ANY CONTENT AND/ OR ANY MATERIAL;
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE.
9. WHEN YOU SHARE YOUR PASSWORD OR ALLOW A THIRD PARTY TO ACCESS YOUR ACCOUNT, YOU AGREE TO REMAIN RESPONSIBLE FOR COMPLIANCE WITH THIS USER AGREEMENT BY ANY SUCH THIRD PARTY. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD OR FOR ANY ACTIONS OCCURRING UNDER YOUR PASSWORD.
10. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL QYOU OR ITS AFFILIATES, ASSOCIATES AND GROUP COMPANIES’ LIABILITY TO YOU FOR ANY AND ALL LOSSES, DAMAGES OR CLAIMS OF WHATSOEVER NATURE (WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE) INCLUDING UNDER THE PRIVACY POLICY EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE PROVIDED HOWEVER THAT THE MAXIMUM LIABILITY OF QYOU IN ALL INSTANCES SHALL NOT EXCEED INR 500 (INDIAN NATIONAL RUPEES FIVE HUNDRED ONLY).
11. IF YOU ARE DISSATISFIED WITH THE SERVICE OR WITH THIS USER AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING OR USING THE SERVICE.
VI. INDEMNITY
YOU AGREE TO FULLY INDEMNIFY, DEFEND AND HOLD HARMLESS QYOU, ITS AFFILIATES, ASSOCIATES AND GROUP COMPANIES, AND THEIR RESPECTIVE DIRECTORS, KEY MANAGERIAL PERSONNEL, EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUB-CONTRACTORS, CONSULTANTS AND THIRD-PARTY PROVIDERS FROM AND AGAINST ALL LOSSES, CLAIMS, DAMAGES AND OTHER LIABILITIES, INCLUDING WITHOUT LIMITATION, LEGAL FEES & EXPENSES, RESULTING FROM: (I) YOUR VIOLATION OF ANY TERM OF THIS USER AGREEMENT OR PRIVACY VOLICY, OR YOUR USE OF THE SERVICE IN A MANNER THAT IS NOT CONSISTENT WITH THE TERMS AND CONDITIONS OF THIS USER AGREEMENT & PRIVACY POLICY; (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; (IV) 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; (V) YOUR BREACH OF ANY REPRESENTATION, WARRANTY, COVENANT OR UNDERTAKING UNDER THESE USER AGREEMENT OR UNDER APPLICABLE LAW; AND (VI) ANY FRAUD, NEGLIGENCE OR MISCONDUCT ON YOUR PART. WITHOUT PREJUDICE TO THE AFORESAID QYOU RESERVES THE RIGHT, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH QYOU IN ASSERTING ANY AVAILABLE DEFENSES. THIS INDEMNIFICATION OBLIGATION WILL SURVIVE THE EXPIRY OR TERMINATION OF THESE USER AGREEMENT AND YOUR USE OF THE SERVICE.
VII. THIRD PARTY WEBSITES
1. This Service or some parts thereof, may contain links to other websites, applications, widgets, software, services that may or may not interact with the Service, etc., that are owned and operated by third parties who are not related to Qyou (collectively, “Third-Party Websites”). Third-Party Websites are not under the control of Qyou and Qyou shall not be responsible for the content and/ or practices of any Third-Party Websites or any hyperlink contained in a Third-Party Websites and makes no representation or warranty with respect to the content of any such Third-Party Websites. Qyou does not endorse or sponsor such Third-Party Websites (including the content, advertising or other material on such Third-party Websites) and shall not be liable for any representations or warranties or obligations made by such Third-Party Websites to You under contract or law or otherwise.
2. Your access and usage of any Third-Party Websites is entirely at Your own risk. When You click on a link to any Third-Party Websites within the Services, We may, or may 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. Qyou shall not be a party to any transaction between You and a Third-Party Website. Your use of a Third-Party Website is subject to the terms and conditions of that Third-Party Websites, in addition to these User Agreement, unless otherwise specified. Please be careful to read the terms of use, privacy policy and any other terms, etc., of such Third-Party Website or destination before You provide any confidential information or engage in any transactions therein. You should not rely on this User Agreement and/or Privacy Policy hereunder, to govern Your use of such Third Party Website or destination.
3. The Service may contain third party advertisements, promotions, etc. in the form of in-show integrations, branded content (titles) and integrated logo units carrying logos of advertisers in India (that may or may not contain embedded hyperlinks or referral buttons to Third-Party Websites). The display of such advertising does not in any way imply an endorsement or recommendation by Qyou of the relevant advertiser, its products or services or any such Third-Party Website. You must refer directly to the relevant advertiser for all information regarding the advertisement, the advertiser and its products and/or services. Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between You and such third party advertisers. Qyou accepts no responsibility for any advertisements (including the products and services so being advertised) or any third-party material posted on the Service or for any interaction between You and the relevant third party and expressly disclaims, and is released from any liability arising out of or in any way connected with such advertisements and/ or interaction and/or any defects, deficiencies, claims, etc. arising out of an advertiser’s products and/or services.
VIII. NOTICE & TAKE DOWN PROCESS
1. Except to the extent mentioned in Clause XIII below, if You believe that the Service contains any data, information, content or material that could be in violation of any of the terms and conditions of this User Agreement or any applicable law of the Act or rules thereunder, You may notify Qyou by addressing Your e-mail to the support team of the Service on the e-mail ID qplay@theqindia.com. By doing so, please remember that You are initiating a legal process. Do not make false claims. Misuse of this process may result in the suspension of Your Account and/or other legal consequences. Please note that this provision shall be governed by applicable laws in India including relevant provisions of the Act. You may seek independent legal advice with respect to this legal procedure at Your sole cost, expense and consequences.
2. Qyou shall take-down any data, information, content or material only upon receiving actual knowledge from a court order or on being notified by the appropriate government or its agency that unlawful acts relatable to Article 19(2) of the Constitution of India, would be committed if the said data, information, content or material is not deleted from the Service.
3. Qyou 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 Service and public good, but reserves the right (without the obligation of doing so) to act on any such communications, requests and suggestions or respond to anyone or take-down any data, information, content or material, without notice to User and without any liability either to Qyou or its directors, key managerial personnel, officers, employees, that Qyou in its sole discretion determines to be in violation of any of the terms of this User Agreement and/or in violation of any applicable provision of the Act or rules thereunder. The aforesaid rights of Qyou shall be without prejudice to other rights and remedies available under the law and/or equity. Qyou’s decision with regard to the aforesaid, shall be final.
IX. CONTENT COMPLAINTS
If You wish to register any compliant with respect to any of the Content on the Service, please contact Us at krishna@qyoutv.com.
X. SUPPORT
If You have any queries with respect to the Service, then address Your e-mail to “The Support Team” on the e-mail ID grievances.support@theqindia.com.
XI. TERMINATION
Without prejudice to the right of the Company to investigate and take appropriate legal action against anyone who, in the Company’s sole discretion, violates this User Agreement and/ or exercise any other rights and remedies available to the Company under applicable laws, the Company reserves the right to limit or restrict Your Account, and/ or deny, de-activate, suspend and/ or terminate Your access to all or part of the Service, at its sole discretion, with or without notice, and without liability either to Qyou or its directors, key managerial personnel, officers, employees, either: (i) for convenience; or (ii) for any suspected or actual breach/ violation by You of any of this User Agreement, the Privacy Policy, violation of any applicable law or if You have engaged in any inappropriate conduct, or provided false or inaccurate information; or (iii) for any other reason that Qyou deems fit. We further clarify that the Your access to Service gets automatically terminated in the event You breach any of the provisions of this User Agreement and/or the Privacy Policy. You acknowledge, agree and confirm that Qyou may take any one or more of the actions described above, without any notice to You, prior or otherwise, and You understand and agree that neither Qyou nor any of its affiliates shall have any liability to You or to any other person for any limitation, restriction, denial, de-activation, suspension and/ or termination of Your access to the Service, or any parts thereof and/or the removal, discarding, disabling or deactivation of your account or the removal, discarding, disabling or deactivation of any other information or data that You may have provided on or by means of the Service.
XII. CHANGES TO THIS USER AGREEMENT
We reserve the right, at Our sole discretion, to update, change, modify, supplement, include additional rules & policies, and/ or otherwise alter this User Agreement (“Revised User Agreement”) at any time for many reasons including but not limited to legal, regulatory, security etc., with or without notice (to the maximum extent permissible under law). Such Revised User Agreement will be posted on the Service and shall become effective immediately after such posting. We recommend that You periodically check the Service and review this User Agreement from time to time, to become aware of any changes and/ or modifications hereto. If You do agree to any such changes and/ or modifications, and/ or do not wish to be subject to Revised User Agreement, Your sole recourse will be to cancel Your membership and discontinue using the Service. Your continued use of the Service following the posting of changes and/or modifications shall constitute Your acceptance of any Revised User Agreement.
XIII. MISCELLANEOUS
1. This User Agreement contains the entire understanding between You and Qyou and supersedes all prior understanding between the User and Qyou in respect of the User’s access and/or use of the Service.
2. The relationship between Qyou and You is on a principal-to-principal basis. You are in no way Qyou’s legal representative, partner or agent for any reason whatsoever.
3. If any provision of this User Agreement is found to be illegal, invalid or unenforceable, then to the extent to which such provision is illegal, invalid or otherwise unenforceable, it shall be severed and deleted and the remaining provisions shall survive and remain in full force and effect and continue to be binding and enforceable.
4. You confirm that Your representations, warranties, undertakings and covenants, 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 User Agreement.
5. Any express waiver or failure to exercise promptly any right under this User Agreement will not create a continuing waiver or any expectation of non-enforcement.
6. You agree that Qyou shall be under no liability whatsoever to You in the event of non-availability of the Service or any portion thereof occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, network failures, server failures, failure of any public utility, terrorist attack, network maintenance, Service maintenance, server maintenance, or any other cause whatsoever beyond the control of Qyou.
7. Unless otherwise specified, the Service is presented solely for the territory of Indian for the purpose of entertainment and promoting programs. Qyou makes no representation that the Service is appropriate or available for use in locations other than India.
8. The Privacy Policy (as provided on the Service), and any other documents, instructions, etc. included on the Service shall be read into this and shall be a part of these User Agreement. The Privacy Policy shall form an integral part of the User Agreement and both these documents constitute the user agreement and a legally binding contract between Qyou and the User.
9. This User Agreement including all the terms and conditions hereunder is personal to You, and You shall not assign, transfer, sub-contract or otherwise part with this User Agreement or any right or obligation or terms and conditions under it. You hereby consent to the disclosure to, and use by, a subsequent owner or operator of the Service, of any information about You, to the extent Qyou assigns its rights and obligations regarding such information in connection with a merger, acquisition, or sale of Qyou, or all or substantially all, or some of Qyou’s assets (including the Service), to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, Your continued use of the Service signifies Your agreement to be bound by the terms of use and privacy statement of the Service’s subsequent owner or operator. This provision shall remain in full force and effect notwithstanding any termination of Your use of the Service.
10. This User Agreement shall be governed by and construed in accordance with the laws of the India and be subject to the exclusive jurisdiction of the Courts at Mumbai.
