DearCinema.com has taken care and caution in compilation of data for its Website. The views on the Website are their own, and not that of the website or its management.
The Company shall have the right at any time to change or modify the terms and conditions applicable to User’s use of the Website, or any part thereof, or to impose new conditions, including but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on the Website, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of the Website by the User after such notice shall be deemed to constitute unconditional acceptance by the User of such changes, modifications or additions.
3) COPYRIGHT & NO RETRANSMISSION OF INFORMATION:
3.1 The Website as well as the design and information contained in this Website is the valuable, exclusive property of the Company, and nothing in this Agreement shall be construed as transferring or assigning any such ownership rights to you or any other person or entity.
3.2 You may not resell, redistribute, broadcast or transfer information, software and applications or use the information, software and applications provided by the Website in a searchable, machine-readable database unless separately and specifically authorized in writing by the Website prior to such use. You may not rent, lease, sublicense, distribute, transfer, copy, disseminate, reproduce, publicly display, publish, adapt, store or time-share the Website, any part thereof, or any of the software, application or information received or accessed therefrom to or through any other person or entity unless separately and specifically authorized in writing by the Website prior to such use. In addition, you may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Website without prior written authorization. Except as set forth herein, any other use of the information, software or application contained in this Website requires the prior written consent of DearCinema.com and may require the User to pay a separate fee.
4) DELAYS IN SERVICES:
4.1 Neither the Website (including its and their directors, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. DearCinema.com will have no responsibility to provide you access to the Website while interruption is due to any such cause shall continue.
5) LIABILITY DISCLAIMER:
5.1 YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK.
THE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENTS HEREIN. THE WEBSITE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY TIME. THIS WEBSITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS, OR OTHER DISRUPTIONS. THE WEBSITE (AND ITS OWNERS, SUPPLIERS, CONSULTANTS, ADVERTISERS, AFFILIATES, PARTNERS, EMPLOYEES OR ANY OTHER ASSOCIATED ENTITIES, ALL COLLECTIVELY REFERRED TO AS “ASSOCIATED ENTITIES” HEREAFTER) SHALL NOT BE LIABLE TO USER OR MEMBER OR ANY THIRD PARTY SHOULD THE WEBSITE EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE ANY OR ALL OF THE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES PUBLISHED ON THIS WEBSITE.
5.2 IN NO EVENT SHALL THE WEBSITE AND/OR ITS ASSOCIATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE WEBSITE OR ANY OF ITS ASSOCIATED ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
6) USE OF MESSAGE BOARDS, CHAT ROOMS AND OTHER COMMUNICATION FORUMS:
6.1 If this Website may contain message/bulletin boards, chat rooms, or other message or communication facilities (collectively, “Forums”), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, sound recordings, and the entire contents of the Website are protected by the intellectual property rights laws including copyright laws of India. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
6.1.1 Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
6.1.2 Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
6.1.3 Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
6.1.4 Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
6.1.5 Conduct or forward surveys, contests, or chain letters.
6.1.6 Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
6.1.7 All Forums are public and not private communications. Chats, postings, conferences, and other communications by other users are not endorsed by the Website, and such communications shall not be considered reviewed, screened, or approved by the Website. The Website reserves the unfettered right for any reason to remove without notice any contents of the Forums received from users, including without limitation message board postings.
6.2 When authorized by the Website, you may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, licensing, publication or commercial exploitation of downloaded material will be permitted without the Company’s express written permission and the express written consent of the copyright owner, or owner of any other legal interests therein. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademarks legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
6.3 The User shall not upload, post or otherwise make available on the Website any material protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright or other proprietary rights rests with the User. The User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Website, the User automatically grants, or warrants that the owner of such material has expressly granted the Website a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, exhibit, communicate to the public, publicly perform, adapt and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright and any other proprietary rights that may exist in such material. The User also permits any other User to access, view, store or reproduce the material for that individual’s personal use on the Website. The User hereby grants the Website the right to edit, copy, publish, exhibit, communicate to the public, publicly perform, adapt, and distribute any such material made available on the Website by the User.
6.4 By submitting your material, for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, the User hereby grants to the Website and its affiliates a non-exclusive, perpetual, worldwide license to modify, edit, telecast, re-run, reproduce, use, create derivative works from, syndicate, license, print, sub-license, distribute, disseminate, exhibit, communicate to the public, publicly perform, adapt, and do all of the above in relation to the adaptation in respect of the materials the User submits, or any portion thereof in any manner and in any medium, format, method or form of technology whether now known or hereafter devised, without payment to the User or any third party.
6.5 The User agrees that the material submitted by the User may further be disseminated/distributed through any media, format, technology or method whatsoever including cinema, theatrical, non-theatrical, television transmissions, satellite transmissions or diffusion media or video or by any gauge or size of film or via internet or contrivance or through appliances and technologies presently existing and available or that may be invented in future as may be deemed appropriate by DearCinema.com in terms of 6.4 above.
6.6 The User represents and warrants to the Website that the User:
6.6.1 has the full legal right, power and authority to grant to the Website the license provided for herein;
6.6.2 owns or controls the complete rights set out in 6.4 and 6.5 above, in relation to the materials the User submitted for the purposes contemplated in this license, including but not limited to the right to exhibit the material, and that neither the materials nor the exercise of the rights granted herein shall infringe upon or violate the right of privacy or right of publicity of, or constitute a libel or slander against, or violate any law including but not limited to the Copyright Act, 1957, the Indian Penal Code, 1860, the Information Technology Act, 2000 or any other right of, any person or entity.
6.7 The User will be solely responsible for anything contained in your submissions, message board and/or chat sessions. The Website will not verify, endorse or otherwise vouch for the contents of any submission, message board or chat room.
6.8 The User is requested to take specific note that the User may be held legally liable for the contents of the User’s submissions, message board and chat sessions, and may be held legally liable if your submissions or chat sessions include, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary right without permission of the author or owner, or defamatory comments.
6.9 The Website User submissions to the Website do not represent the views of the Website, the Company, DearCinema or any individual associated with the Website, the Company and this content is not controlled by the Website or the Company.
6.10 Through your use of the Website, the User may be exposed to content that the User may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using the Website, the User assumes all associated risks and the User expressly agrees to assume the same.
7) EQUIPMENT AND OPERATION:
7.1 You shall provide and maintain all telephone/internet and other equipment necessary to access the Website, and the costs of any such equipment and/or telephone/internet connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment used to access the Website.
8) LINKS TO THIRD PARTY SITES:
8.1 The links in this Website will allow you to leave the Website. The linked sites are not under the control of the Website. The Website has not reviewed, nor approved these sites and is not responsible for the contents or omissions of any linked site or any links contained in a linked site. The inclusion of any linked site does not imply endorsement by the Website of the site. Third party links to the Website shall be governed by a separate agreement.
9.1 YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE WEBSITE/THE COMPANY (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, GROUP COMPANIES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) FROM ANY AND ALL CLAIMS AND LOSSES IMPOSED ON, INCURRED BY OR ASSERTED AS A RESULT OF OR RELATED TO: (a) your access and use of THE WEBISTE (b) any non-compliance by User with the terms and conditions hereof; or (c) any third party actions related to Users receipt and use of the information, whether authorized or unauthorized. Any clause declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder. These terms may only be amended in a writing signed by the Website.
10) CONFLICTING TERMS:
11) CONFIDENTIALITY/NON-COMPETITION CLAUSE:
13.1 The terms of this agreement are exclusively based on and subject to Indian law. You hereby consent to the exclusive jurisdiction and venue of courts in Mumbai, India in all disputes arising out of or relating to the use of this website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.