Term of Service :
Term of Service : Thank you for downloading the XL Cinema application for your mobile device (the "App"). The XL Cinema App is provided by Brajma Intelligent Systems Pvt Ltd. (BISPL), ("XL Cinema", "we" "us" or "our"). These terms of service (these "Terms of Service") govern your ("you" "your" or a "user") access to and use of the [XL Cinema.com] website and its subdomains (collectively, the "Website"), the App, software and all services provided by XL Cinema via the App and Website (collectively, the "Services"). XL Cinema enables you to purchase, download and play digital audio tracks in various languages for motion pictures and other types of video ("Audio Track Files") on your compatible mobile device. The App uses audio recognition and synchronization technology to seamlessly match a studio-quality dub in the user's preferred language to the theater or other loud speaker audio. Additionally XL Cinema application enables user to create profile and submit content on the application for using different features available on the application/platform. XL cinema application allows user to upload, play, dub ,smash content on the platform for distribution to application users. These terms of service (as updated from time to time, the “Terms”) govern your access to and use of the XL Cinema Service (as defined below) and any sound recordings, videos, audio track, information, text, graphics or other content materials uploaded, downloaded or appearing on the Service whether utilised via the XL Cinema mobile app (the “App”) or via the XL Cinema website available at http://www.XLCinema.com/ (the “Website”), (the Website and the App together the “Service”). Please read these Terms carefully before downloading or using the Service. By accepting these Terms, you agree to be bound by them. If you do not understand the Terms, or do not accept any part of them, then you should not use the Service. PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND XL Cinema ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION (SEE SECTION 17 "AGREEMENT TO ARBITRATE").
Acceptance of Terms :
PLEASE REVIEW THESE TERMS OF SERVICE BEFORE USING THE APP OR ANY OF THE SERVICES, AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT. IF YOU ARE VIEWING THIS ON YOUR MOBILE DEVICE, YOU CAN ALSO VIEW THESE TERMS OF SERVICE VIA A WEB BROWSER AT HTTP://WWW.XLCINEMA.COM/TERMSOFSERVICE.HTML IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN DO NOT USE THE APP OR OUR SERVICES. BY USING OUR APP OR ANY OF OUR SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND HEREBY INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF SERVICE. We reserve the right to change these Terms of Service from time to time for any reason, which shall be effected by posting of the updated Terms of Service to our Website; provided that any such changes shall only apply to your use of the App and other Services after the date of such change, unless you expressly accept retroactive application of such changes, via a click-through or signed agreement or otherwise
Scope of Service :
We may alter, suspend, or discontinue our Services in whole or in part, at any time and for any reason, without notice. The Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. To use the Services, you must have a compatible mobile device enabled with our App. In using our App and other Services, your mobile carrier's normal rates and charges apply. We are not responsible for any charges you incur from your mobile carrier because of use of the Services. You are responsible for ensuring that always while using the Service you are not in violation of your wireless data service agreement.
1. The Service :
a. The Service is a hosting service which allows registered users to upload, post and share sound recordings, links containing audio tracks, links of content, Audio description tracks, Dubbed Tracks, etc and to create audio-visual content combining self-created videos and own or third party sound recordings, which will be stored by us at the direction of registered users, and may be shared and made publicly available by registered users. As part of the Service, we may regularly update you on new content, features as well as to provide you with certain service announcements and administrative messages. We will further give you the possibility to connect with and message your friends who are also using the Service. We will also alert you to local content which is connected to the area where you currently are situated when you have logged in the Service. We may, from time to time, release new versions of our App, release new tools, or introduce new services and/or features for the Service, which will be subject to these Terms, and any additional terms of service as may apply to such additional versions, tools, services, or features.
b. We reserve the right to suspend, discontinue, withdraw, take down or amend all or part of the Service and all or part of the content available on the Service at any time to, for example, reflect changes to the law or new technical developments, temporarily or permanently. Any changes will consider your reasonable interests, and we shall use our reasonable endeavours to notify you thereof in advance. Access to all or part of the Service may be restricted from time to time to allow for repairs, maintenance or updating. This may result in you not being able to use the Service until you have downloaded the latest version and accepted any new terms.
2. Access/Use of the Service:
a. You can access the Service either: Via the App or via the Website.
b. To use the service you must be eighteen (18) years old or older. By signing up for the Service you promise to us that you accept these Terms and that: (a) you are 18 years of age or over, or (b) you are 13 years of age or over and have permission to use the Service from your parent or legal guardian. If we reasonably believe that you do not sufficiently fulfil these criteria, we may suspend your use of the Service until you have provided us with acceptable proof of age.
c. We advise parents who permit their children to use the Service to be aware that the Service is not intended for children under 18. The content made available on the Service is user generated and may not be suitable for children.
d. To access the Service, you will need to register with us. To register, you must provide us with certain information about yourself, such as your email address, birthday, a username and password of your choosing. In some cases (e.g. for some operating systems), you also need to allow us to access your address book and enable the geolocation function for us to provide the service. Your username will appear alongside any content you upload to the Service. You must make sure that your username complies with these Terms. Your registration with us is subject to our confirmation and will become valid when we either confirm your registration or activate your account.
You are responsible for your account with us and any activity that takes place on your account, whether or not such activity was authorised by you. You must ensure that the details you provide to us are correct and kept up to date and that your password is, and remains, secure and confidential. You must inform us of any changes to the details you provided when registering with us. Your account is personal for your own, non-commercial use. You must not sell or transfer, or offer to sell or transfer, your account to any third party. If you want to use the Service or any content other than expressly permitted herein, including in a commercial way, you will need permission and need to get in touch with us first (e.g. via the “partner section” on our website) https://www.xlcinema.com/#contact .
e. You are responsible for your account with us and any activity that takes place on your account, whether or not such activity was authorised by you. You must ensure that the details you provide to us are correct and kept up to date and that your password is, and remains, secure and confidential. You must inform us of any changes to the details you provided when registering with us. Your account is personal for your own, non-commercial use. You must not sell or transfer, or offer to sell or transfer, your account to any third party. If you want to use the Service or any content other than expressly permitted herein, including in a commercial way, you will need permission and need to get in touch with us first (e.g. via the “partner section” on our website) www.XLCinema.com/#contact .
f. We reserve the right to suspend or remove your account, cancel, reassign or disable your username or password and/or prohibit your use of the Service, without prior notice, if we (in our reasonable discretion) believe there may have been a breach of security or if activities occur on your account that we believe breach these Terms.
g. Access to and use of the Service requires a compatible device and internet connection. Although we are working to ensure that the Service is compatible across various devices, we cannot guarantee that the Service will work with all devices.
h. It is your responsibility to ensure that your device complies with the requirements. Your use of the Service may vary in functionality, availability and quality depending on the type of the device and the operating system that it uses, and XL Cinema accepts no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings and software).
i. It is your responsibility to pay for all costs and expenses that you may incur while using the Service (including, but not limited to, all telephone call or line charges or Internet data service access charges).
3. User-Generated/Submitted Content:
a. You are solely responsible for your use of the Service and any sound recordings (“Sound Recordings”), dubs, videos, words, information, messages and any other content that you upload to or create via the Service, whether privately transmitted or made publicly available (together, “User Content”). Any User Content is owned and controlled solely by you.
b. User Content that you upload to the Service is made public to other users of the Service. By uploading User Content, you understand and agree that your username/display studio name will be made public in relation to each User Content and that you grant XL Cinema and our affiliates the right to display and otherwise use your username in connection with the User Content.
e. In addition, if you have uploaded content to XL Movies, AD Movies, X Story section for using services then your content is governed and secured by special clauses no derivative work, reproduction, distribution, share is made possible to make by user through the application and user use of those content is restricted as per the terms and condition. Please refer to Secured content section.
f. You may terminate the above licenses granted by you in User Content by deleting your User Content from the Service. Please note however that if any User Content has at that time already been used in connection with any derivative works, or has been used (including shared or reproduced) in connection with any other users’ content or textual comments, the above licenses granted by you in that regard will remain valid and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in Section 3.a above.
g. You understand and agree to comply with all applicable laws in relation to your use of the Service and User Content. In particular, and without limitation, you shall at all times ensure that your User Content does not: contain any content, information or material that infringes the rights of any third party including copyright, trade mark rights, confidential information or rights of privacy; violate any applicable laws; contain any content or material that is offensive, abusive, defamatory, libellous, derogatory, bullying, discriminatory, obscene, violent, sexually explicit, indecent, which promotes or encourages violence, terrorism or any other illegal acts or which is likely to harass, upset, embarrass, alarm, inconvenience or annoy any person; in any way promote or incite anyone to commit or assist in any unlawful or criminal activity or anti-social behaviour, or encourage activities which could endanger the safety or wellbeing of others; identify any person without their consent, or the consent of their parent or legal guardian if they are under 18 years of age; disclose anyone’s personal contact details or invade their privacy; contain any viruses or other malicious or harmful programs; or include any advertising or promotional messages.
h. Furthermore, you understand and agree that you will not do or attempt to do, or cause any third party to do or attempt to do, any of the following in connection with your use of the Service: Use the Service or User Content available on the Service other than as expressly permitted by these Terms and the normal functionality of the Service; transmit other people’s personal and/or confidential information, such as credit card numbers, account passwords etc.; use the Service for any illegal purpose, in an unlawful manner or in any manner inconsistent with these Terms; impersonate or pretend to be anyone else through your use of the Service; use the Service in a way that could damage, disable, overburden, impair or compromise the Service, our systems or security or interfere with other users; use any programme or other means, including but not limited to scripts, spiders and robots, whether manually or automatically, to extract, download, index, mine, scrape, reproduce or circumvent the presentation, operation or intended use of the Service or any features or functions of it; copy, modify, decompile or otherwise interfere with any part of the Service; make alterations to, or modifications of, the whole or part of the Service, or permit the Service or any part of it to be combined with, or become incorporated in, any other programs; hack into, or insert malicious code, including viruses, or harmful data, into, the Service; or infringe our intellectual property in relation to your use of the Service.
i. You acknowledge and agree that we are merely a passive conduit and hosting service for User Content and that we play no active role in the distribution or presentation of User Content.
j. We are under no obligation to monitor User Content posted on the Service and we cannot and do not take any responsibility for such User Content, nor do we endorse, support or guarantee the completeness, accuracy or reliability of any User Content or communications posted via the Services or opinions expressed therein. Use of or reliance on any User Content or materials posted via the Service or obtained by you through the Service is at your own risk.
k. Subject to Sec. 12 below, XL Cinema shall not be liable in any way for User Content, including, but not limited to, any errors or omissions contained therein, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
l. If we, in our sole discretion, believe that there has been a breach of these Terms, or we have reasonable grounds to believe that you are likely to breach these Terms, we may take any action we think is necessary to protect the Service and its users. We may withdraw your right to use the Service, remove your User Content from the service, take legal proceedings against you (for example, if we have had to pay damages because of your User Content, we will claim to get that amount back) and other action we deem appropriate.
4. Licence of the Service:
5. Prohibited Conduct:
a. As a condition of your use of the App, you will not use the App or Services for any purpose that is unlawful or prohibited by these Terms of Service. You may not use the App or Services in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party's use of the App or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the App and Services. You agree not, and will not permit any person or entity to: (i) use, or allow the use of, the Services for any unfair or deceptive practices or in contravention of any federal, state, local, foreign, or other applicable law, or rules and regulations of regulatory or administrative organizations; (ii) act in a fraudulent, tortious, malicious, or negligent manner when using the App or Services; (iii) obtain unauthorized access to any computer system through our Services or the App; (iv) introduce viruses, worms, Trojan horses and/or harmful code to the App or the Services; and (v) use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the Service, Audio Track Files or other Content. You may not use any proxy server or other geo-filtering circumvention service together with our App. You may not remove any Watermark. XL Cinema reserves the right, without prior notice and in its sole discretion, to decide whether your use of the App or Services violate these Terms of Service for any of the above reasons or for any other reason, and if XL Cinema does so, and/or terminate your access to any Services and license to use the App.
6. Secured Content:
a. Secured content will mean all the content available to you on XL Cinema platform in XL Movies,AD Movies and Story Section of the platform made available by the users.
b. Online Store Account. Audio Track Files and other content as made available by its user ("Content") may be purchased through the App in connection with your iTunes account or Google Play account or such other account as we may permit from time to time (each an "Online Store Account") as applicable for your mobile device.
c. When you purchase a right or get it free to use secured Content, subject to the terms and conditions of these Terms of Service, XL Cinema grants you a limited, revocable, non-exclusive, non-sub licensable license to download or stream such Content for a single viewing unless multiple use license or subscription terms suggest otherwise of the applicable motion picture or other video content to a single mobile device solely for your personal, non-commercial use, through headphones. The foregoing license grant is not a sale of Content on XL Cinema or a sale of a copy of Content on XL Cinema, and XL Cinema, content owner and our partners and licensors retain all rights and interest in the Content. You will not own the Content on XL Cinema; your rights will be limited to the foregoing license regardless of the use of the word "purchase" or "sale". You agree to not otherwise copy, reproduce, distribute or use the Content on XL Cinema other than as expressly set forth herein. You will not sell, transfer, lease, modify, distribute or publicly perform the Content on XL Cinema in any manner and you will not exploit it commercially. You agree to not modify, circumvent any anti-copying features (including without limitation Watermarks), reformat or disassemble any Audio Track Files, or otherwise tamper with or modify any Content on XL Cinema or create any derivative works therefrom. We may remove any Content on XL Cinema from your copy of the App at any time following the completion of the applicable motion picture or other video content.
d. Other Content: Subject to these Terms of Service and any other agreement between you and XL Cinema, XL Cinema hereby grants to you a personal, non-exclusive, non-sub licensable right and license to access and use the Services, and all Content other than Content on XL Cinema (which is subject to the license above) therein, solely within the scope of your status as a user of our Services. The term "Content" means all information, text, images, data, links, or other material posted on the sections of our Services that are (i) publicly available and (ii) which you have the right to access, whether created by us or provided by a third party for display on our Services.
e. Watermarking: We may add a digital watermark ("Watermark") to any Audio Track Files that we make available to you through our App. You understand and agree that any Watermark will identify your individual copy of the Audio Track File. You understand that we may track Audio Track Files through their Watermarks. If you use any Audio Track File other than in accordance with these Terms of Service, we may trace any copies of the Audio Track File to you, and you understand that your use of such Audio Track Files could expose you to legal claims.
f. Pricing: With respect to all Content on XL Cinema purchases, except where noted otherwise, any list price will be set forth on the Services by the uploader of the content. Prices are subject to change at any time in uploader’s sole discretion.
g. Risk of Loss: : Once we have made Content on XL Cinema available to you, you will bear the risk of loss for completing any download of Content on XL Cinema after purchase and for any loss of Content on XL Cinema you have downloaded, including any loss due to a file corruption or a device or hard drive crash. Until you first download the purchased Content on XL Cinema, such Content on XL Cinema will generally continue to be available for your one-time use but may become unavailable due to possible content provider licensing restrictions or other reasons, and XL Cinema will not be liable to you if Content on XL Cinema becomes unavailable for further download. You will not receive a full or partial refund of any fees already paid in such situations. Accordingly, we encourage you to download Content on XL Cinema promptly after purchase and use promptly after purchase. XL Cinema will post tentative expiration dates for the audio content and reserves the right to change the expiration date at its discretion. If audio is not used by expiration date it will be deleted and lost.
h. Payments: You must have a valid payment instrument on file in your Online Store Account in order to purchase Content on XL Cinema. If you are using your Online Store Account to access the XL Cinema Service, your default payment instrument will be the default payment instrument you use for purchases through your Online Store Account. If you want to designate a different payment instrument, you must change your authorized payment instrument through your applicable Online Store Account.
i. No Framing:Nothing contained on our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services or any Content on XL Cinema or other Content available for playing, performance, or display on our Services, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service : or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material played, performed or disp
7. XL Cinema Rights:
a. As between you and us, all rights, titles and interests in and to the Service, including any and all trademarks and other intellectual property rights in and to the Service (excluding any User Content and other content uploaded or otherwise provided by users, subject only to the limited revocable rights granted hereunder) are and will remain the exclusive property of XL Cinema and its licensors. If you plan to use any of the above mentioned items owned by us, you must read and accept our XL Cinema Guidelines first.
b. Intellectual Property Rights of XL Cinema and You:
You agree and acknowledge that the structure, organization, and code used in conjunction with our Services are proprietary to XL Cinema and the Content on XL Cinema is proprietary to XL Cinema or its licensors. You shall not, and shall not permit any person or entity to: (i) use our Services or any Services on a service bureau, time sharing or any similar basis, or for the benefit of any other person or entity; (ii) alter, enhance, or make derivative works of the Services; or (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from, our Services or any software component of the XL Cinema Services. You shall not sell, transfer, publish, disclose, display or otherwise make available the XL Cinema Services including any modifications, enhancements, derivatives, and other software and materials provided hereunder by XL Cinema or copies thereof to others in violation of these Terms of Service. Unless otherwise noted, all Content on XL Cinema, and other Content contained on the Services is the property of XL Cinema and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners. You are responsible for any use of any Content on XL Cinema using any device activated with your phone number, even if a third party uses your device.
8. Copyright, Reporting and Notice & Takedown Policy:
a. XL Cinema respects the intellectual property rights of others and expects users of the Service to do the same.
b. If you discover any content on the Service that you believe infringes your copyright, please report this to us in writing including the following information: a statement that you have identified content on the Service that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act; a description of the copyright work that you claim has been infringed; a description of the content that you claim is infringing and exact details of where on the Service the content that you claim is infringing was found; your contact information including your full name, address and telephone number and a valid email address on which you can be contacted; a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and a statement by you that the information in your notice is accurate and that you are authorised to act on behalf of the owner of the exclusive right that is allegedly infringed. In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please also include the following: a declaration, under penalty of perjury, that you are the owner or authorised to act on behalf of the owner of the exclusive copyright that is allegedly infringed; and your electronic or physical signature (which may be a scanned copy).
c. Your notice should be sent to us or our designated copyright agent by email to firstname.lastname@example.org with subject Copyright and by mail to the following address:
Attn: Copyright Team, c/o XL Cinema , C1/903, exotica, golf course road, gurugram,Haryana-122001
d. If you discover any content on the Service that you believe infringes any of your other proprietary rights (including but not limited to trademarks, or rights of personality), please report this by following the above guidelines and send your notice to email@example.com with subject marked: infringement and by mail to the above mentioned postal address.
The Service may contain advertising and we may display advertising to you in conjunction with your use of the Service.
11. Third Party Services:
The Service includes and links to features and services (including but not limited to, social applications like Facebook, YouTube, twitter and WhatsApp) that are provided by a third party. We do not control such third party sites or services and are not responsible for the content or functionality of such sites or services. Our inclusion of links does not imply any endorsement or association with their operators. The terms applicable to the use of such third party services will apply and we will not be responsible for anything that is done by you or the third party service provider in connection with your use of their service.
a. We may suspend or terminate your use of and access to the Service at any time and for any reason, in our sole discretion, including if we cease to provide the Service. Such suspension or termination shall be without prejudice to (and not be deemed a waiver of) any other claims that we may have against you. We shall use our reasonable endeavours to notify you in advance of any suspension or termination.
b. You may terminate your use of the Service at any time by deleting your account. Please note that, deleting the App from a device will not delete your account and profile, and any User Content that you have uploaded will remain on the XL Cinema Service. If you wish to delete your account then please send a email to firstname.lastname@example.org with subject delete account.
c. In the event of such termination by either party, these Terms will terminate, but the following provisions will continue to apply: Sections 3,4, 6, 7, 9, 10, 12 and such other provisions which by their nature survive a termination.
13. Representations and Warranties:
a. You promise to us that: your User Content will not infringe the rights of any third party, including any intellectual property rights, rights in confidential information or rights in privacy; you have obtained all necessary permissions and consents from any persons appearing in User Content; and your User Content will comply with these Terms.
b. Subject to Section 12 of these Terms, you agree to indemnify, compensate and hold us harmless for any losses or costs incurred as a result of any willful or negligent breach by you of these Terms including reasonable legal fees. You will not be required to compensate us under this Section if your breach of these Terms arises out of our negligence or our breach of these Terms.
14. Disclaimers and Limitations:
a. YOUR USE OF THE SERVICE IS ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE AND ANY CONTENT OR MATERIAL DISPLAYED ON THE SERVICE IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY, SUITABILITY, COMPLETENESS OR RELIABILITY. WE WILL NOT BE LIABLE TO YOU FOR THE UNAVAILABILITY OR FAILURE OF THE SERVICE.
b. WE EXPRESSLY EXCLUDE OUR LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICE BY ANY PERSON IN CONTRAVENTION OF THESE TERMS. YOU UNDERSTAND THAT DUBS, SOUND RECORDINGS AND ANY OTHER CONTENT AVAILABLE ON THE SERVICE IS PROVIDED BY USERS, NOT US, AND WE ARE NOT RESPONSIBLE OR LIABLE TO YOU FOR THIS CONTENT ON THE SERVICE.
c. WE EXPRESSLY EXCLUDE ANY LIABILITY FOR (A) ANY LOSS OR DAMAGE THAT WAS NOT REASONABLY FORESEEABLE BY US AND WHICH IS INCURRED BY YOU IN CONNECTION WITH THE SERVICE, INCLUDING LOSS OF PROFITS; AND (B) ANY LOSS OR DAMAGE INCURRED BY YOU AS A RESULT OF YOUR BREACH OF THESE TERMS.
d. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGE, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO TERMINATE YOUR USE OF THE SERVICE.
e. XL CINEMA DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON OUR SERVICES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND TRANSMITTING Content on XL Cinema) PROVIDED BY THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SERVICES OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER XL Cinema NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT BETWEEN USERS AND BETWEEN USERS AND THIRD PARTY PLATFORMS. XL Cinema AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
f. Nothing in these Terms shall however limit or exclude our liability for: (i) death or personal injury resulting from our negligence; (ii) intentional acts, fraud or fraudulent misrepresentation; and (iii) any other liability that cannot be excluded or limited by law.
15. Jurisdictional Issues:
16. Modifying and Terminating Service:
a. We may terminate your access to our Services, in our sole discretion, for any reason and at any time, including without limitation if you use any copyrighted materials using our App without authorization, which shall be effective as of the time we effect the de-activation of your access to the Services. You agree that we are not liable to you or any third party for any termination of your access to our Services. We may change and update the Services from time to time. We may add or remove features, and as appropriate give you advance notice about any major changes, you understand that we may stop, suspend, or change the Services at any time without prior notice.
17. Governing Law:
a. Dispute Resolution: These Terms of Service shall be governed by the laws of the State of New Delhi, INDIA, excluding: its conflicts of laws principles; the United Nations Convention on Contracts for the International Sale of Goods; the 1974 Convention on the Limitation Period in the International Sale of Goods; and the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. Subject to Section 17, we and you each consent to the exclusive jurisdiction of the federal and state courts located in New Delhi, India.
18. Refund in case of defective content:
a. Any content once made available to you under the XL Cinema Service by way of your Subscription or Individual Purchase should be checked by you to ensure its streaming and performance. In the event of any error or defect in its performance, or streaming you should get in touch with the customer service team of the Company within 15 days of making any purchase.
b. After receiving the complaint from you, the Company will check the authenticity and nature of your complaint and notify the uploader of the error. Once the Company is satisfied that the complaint is genuine; it will take necessary reasonable steps to fix the defect in service.
c. In the event the Company or the Uploader is unable to rectify the defect in your subscribed XL Cinema Services within 15 (fifteen) days of such complain then you may choose to opt for a refund in such case of that defected individual item price and the Company will proceed with the refund.
d. Refund Policy in case of Free Trial or Free Credit period.
Upon your Subscription of XL Cinema Service, you won’t be billed for the free trial period, if applicable to you and You may get certain Free Credits on XL Cinema Descrition and internal policy. If your Subscription is not cancelled before the end of the free trial period, your paid Subscription will automatically start at the end of free trial period. It is clarified that in certain XL Cinema service packs, which is intimated to the user at time of purchase, automatic renewal happens and payment will be applicable.
e. During the free trial/Free credit period of your Subscription of XL Cinema Service you won’t be eligible for any refund in case any defective content is provided to you. However, you should inform the customer service team of the Company about the defective content, so that the Company takes effective measures to ensure that the defect doesn’t continue after the end of free trial period. If the defect in the content of your Gaana Service continues after the start of the paid Subscription period, then the Company will allow refund as per the terms and condition stated in Clause a hereinabove.
f. XL Cinema will not stand to refund your movie ticket or any other expense which is not directly generated from XL Cinema platform.
19. Other Terms:
a. We reserve the right to change these Terms at any time subject to the following provisions. When we change these Terms, we will notify you in advance, and if you do not object, or use the Service after the notification, the revised Terms will be deemed accepted by you two (2) weeks after such notification. In our notification to you, we will inform you of the revised Terms, of the above time period, the deemed acceptance, your right to object the revised Terms and possible consequences. Accrued rights shall not be affected by a change of the Terms. The above shall not apply to material changes of the scope of our Services leading to a change in the overall contractual structure . In such event, we will inform you of the intended changes and will offer you to continue your Agreement with us subject to the amended terms.
b. XL Cinema may assign, sub-contract and/or otherwise transfer any or all of our rights and/or obligations under these Terms to any company, firm or person. You may not transfer your rights or obligations under these Terms to anyone else.
c. Each of the provisions of these Terms operates separately. In the event that any of the provisions in these Terms are held to be unlawful or unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
e. No person who is not party to these Terms may enforce any term of it.
f. You agree and acknowledge that each studio that supplies Audio Track Files or any content or rights relating to any Audio Track Files shall be an intended third party beneficiary of these Terms of Service. You further agree that you shall have no legal, equitable or other recourse against such studios or their affiliates in connection with these Terms of Service.
g. XL Cinema Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use our Services only in conjunction with and under the supervision of a parent. In this case, the parent is responsible for any and all activities of such minor.
i. Additional Information : If you have any questions about these Terms of Service, please contact us at C1/903, Exotica, Golf Course Road, Gurgaon, Haryana 122001 or via www.xlcinema.com. Copyright Â© 2017, XL Cinema/BISPL, All Rights Reserved.
j. These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Indian law, with the exception of the provisions on the conflict of laws.
k. The parties hereby submit to the exclusive jurisdiction of the Delhi courts to settle any claim or matter arising in relation to these Terms or its subject matter or formation (including non-contractual disputes or claims).