Terms Of Service

Last updated: 13 Jan 2023

Overview

These terms and conditions (“Terms of Service”) apply to your use of products and services offered by CloudWalker Streaming Technologies Pvt. Ltd.. (“we” or “us” or the “CloudTV”), including any content, functionality and services offered on or via http:\www.cloudwalker.tv,\ http://www.cloudtvos.com,/ or any other web site owned by us CloudTV Remote App, CloudTV OS Devices and other products, services or offerings owned and operated by the CloudTV (collectively referred to as the “Applications”).

This is a legal and binding agreement between you, the user ("User" or "You") of the Services, as defined below, and CloudTV stating the terms that govern Your use of the Site (as defined below), as defined below. BY ACCEPTING THESE TERMS OF USE IN ANY MANNER OR ACCESSING THE APPLICATIONS, YOU CONSENT, AGREE AND UNDERTAKE TO ABIDE, BE BOUND BY AND ADHERE TO THE TERMS OF USE and the Privacy Policy, and any other terms which govern the Site (together referred to as "Terms of Use" or "Terms" or"Terms and Conditions") AND IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT ENTITLED TO AVAIL OF / USE THE SERVICES AND ANY USE THEREAFTER SHALL BE UNAUTHORIZED.

By accepting these Terms of Service, you hereby represent and warrant that you are, under the applicable law capable of entering into a legally binding agreement and that your usage of the Applications is not in violation of any applicable law.

Use Of Applications

Age Restrictions:You must be over 18 years of age to use the Applications.

Updates:You may need to install updates to Applications that the CloudTV implements from time to time to access, use, or continue to use the Applications. Your Applications may communicate with the CloudTV servers from time to time to check for available updates to Applications, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates""). Your use of the Applications requires that you have agreed to receive such automatically requested Updates. If you do not agree to such automatically requested and received Updates, then please do not use the Applications. Notwithstanding the foregoing, CloudTV may update the Applications to a new version of such app, irrespective of any update settings that you may have selected within the Applications or your device, if CloudTV determines that the update will fix a critical security vulnerability related to the Applications.

CloudTV may categorize and classify certain content and provide disclaimers with respect to the content, for viewers to choose such content for viewing. Some content offered on the site may not be suitable for some viewers and therefore viewer discretion is advised. Also, some content offered on the site may not be appropriate for viewership by children. Parents and/or legal guardians are advised to comply with applicable laws and exercise discretion before allowing their children and/or wards to access content on this website. CloudTV may display a content descriptor or guidance message that indicates and informs the viewer about age-inappropriate content for minors (for instance content tagged for viewership by minors aged 13 to 18 years).

Your access to and use of the Services is subject to these Terms and Conditions, Privacy Policy and all applicable laws, rules and regulations.

Participation in any feedback, contest and or game on the Site conducted by CloudTV or viewing of certain Content may be subject to further terms and conditions as may be notified by CloudTV from time to time on the Site or otherwise.

Use of Third Party Providers:In addition, CloudTV may have arranged for third party providers to provide products or services to you through Applications ("Third Party Providers"). In order to use these products or services, you may be required to agree to additional terms and conditions from such Third Party Providers, and may be subject to additional requirements of the Third Party Provider. By agreeing to these Terms of Service or continuing to use Applications, you hereby agree to any Third Party Provider terms that apply to your use of such products and services through Applications, which may be updated from time to time. For the avoidance of doubt, the Third Party Provider terms are between you and the applicable Third Party Provider, not CloudTV. CloudTV is not liable for any actions or inactions of such Third Party Providers.

Electronic Communications: When You use / avail the Applications or send any data, information or communication on/to a CloudTV device or application, You agree and understand that You are communicating with CloudTV through electronic media/ records and You consent to receive communications via electronic records from CloudTV periodically and as and when required. CloudTV will communicate with You by email or any push or other message or electronic records on the email address and or mobile number available with CloudTV or made available to CloudTV through a Partner which will be deemed adequate service of notice / electronic record.

You acknowledge and specifically consent to CloudTV or our respective affiliates and partners contacting you using the contact information you have provided to us at any time during your association with us for any purpose including the following purposes, which will enable CloudTV to deliver the Services to you and/or enhance the delivery of the Services to you:

• To obtain feedback regarding the Service;
• To contact you for offering new products or services, whether offered by us, or our respective affiliates or partners.

You acknowledge and agree that you may be contacted for the above purposes, using any of the contact details provided by You including via emails or other electronic and internet-based means.

Applicable Fee

Third-Party Fees; You may incur access or data fees or fees payable to Third Party Providers in connection with your use of Applications. You are responsible for all such fees.

Service Fees; Fees may be applied to use of Applications. The aforementioned Fees may be determined by CloudTV in its sole discretion and any fees charged will be inclusive of all applicable taxes.

Social Feed The Social Feed will be made available at CloudTV discretion to enable a User to participate in any contest or competition or share his/her views, comments, pictures and / or videos (“ Social Posts”) with the other Users on the Site for an immersive playing and entertainment experience. You can also invite Your friends to participate in the Social Feed. For this, You will require to permit CloudTV to access Your contacts List. Friends (i.e. users who also have your number in their phonebook or those who have accepted your invitation) will be able to see inter alia your Social Posts tagged as private contact or by any other suitable name. If you have participated in any contest or competition in the Social Feed, Your friends will also be able to see your scores and/or progress in such contest/competition.

The Social Feed is a place for User(s) to come together as a community and share Social Posts related to the Content and topics associated to the Content alongside which, the Social Feed is made available. CloudTV may by automated means or manually screen and moderate some or all Social Posts and reserves the right to reject or take down any Social Post which in CloudTV’s sole opinion is inappropriate or does not pertain to the Content or topics associated to the Content. CloudTV’s decision in this regard will be final and binding on all User’s and CloudTV’s will not be responsible or liable for any claims regarding the exercise of the CloudTV’s discretion in this regard.

Whether or not your Social Posts are made in combination with CloudTV’s preinstalled template content (such preinstalled template content is referred to as “Social Components”, your Social Posts are considered as newly created audio-visual electronic records for which you are the publisher. An non-exhaustive list of content and /or Social Post that may be rejected by CloudTV is as follows: post or content which may cause any harm to religious sentiments, post or content that is political in nature, obscene, vulgar, derogatory remarks, hate speech, rumors or fake news, harassment, abuse, flooding, spamming, inciting violence or threatening, objects that disturb national harmony, racist or sexist remarks, potentially objectionable subject matter such as criminal behavior, illegal activities, nudity, sex, profanity, out of context comments, disrespecting the nation, armed forces or any other matters which are perceived to be not in the interest of the general public or may cause harm in any nature or are distasteful, irrespective of any language used whatsoever will be restricted / filtered by CloudTV on a best effort basis. In addition to the restrictions set forth above, You agree not to share any information /material/Social Post that:

• belongs to another person and to which the Participant does not have any right to;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
• harms minors in any way;
• infringes any patent, trademark, design, copyright or other proprietary rights;
• violates any law for the time being in force;
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• impersonates another person;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. The Participant also represents and warrants that the posting of his / her Social Posts does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights.

CloudTV hereby grants you a revocable, non-exclusive, royalty-free, and worldwide license to use, modify, adapt, reproduce, make derivative works of, publish, and/or transmit the Social Components solely for the purpose of creating and making available your Social Posts on the Site. You retain all of your ownership rights in your content / Social Posts that you submit in the Social Feed. However, by submitting Social Posts, You hereby grant to CloudTV and its affiliates, a royalty-free, worldwide, perpetual, non-exclusive, sub-licensable, and transferable license to use, reproduce, distribute, issue copies, make available, publicly communicate, adapt, create derivative works of, and display the content that you upload, share or provide in connection with Your use of the Social feed. You also grant us the right, license and permission to use the contents of your Social Post in relation to the Site, topics associated therewith and for its promotion in any form whatsoever, without any compensation.

By sharing Social Post in the Social Feed, the You undertake and confirm that you have all the rights, title and interest in and to the content of the Social Post being shared by You (including to any images or any content that may be protected by intellectual property rights). You further understand agrees and acknowledge the said Social Post may be publicly displayed by CloudTV in the Social Feed to all Users who are engaging with the Social Feed.

The views expressed by the User(s) on the Social Feed are solely their own and do not represent those of CloudTV, its associates and affiliates. CloudTV shall not be held liable or responsible for any kind of claims, damages, outrage arising due to the comments, pictures or videos posted by the User(s) on the Site. Additionally, CloudTV shall not be held liable or responsible for any violation of Intellectual Property rights that may arise out of any content posted by the users.

CloudTV may cancel or discontinue the availability of the Social Feed and any decision in this matter shall be at the discretion of CloudTV and shall be final and binding.

User(s) are not permitted to download any Social Posts or take screenshots of the same. Doing so will be in violation of the Terms.

Access and Use of the Services

Limited use:
You are given a limited, non-exclusive, non-transferable (except in the case of a parent/legal guardian-minor relationship), non-sub-licensable, revocable permission to view the Site and avail the Service during the subsistence of Your Account with CloudTV for the territory of the world or limited territories as applicable in respect of specified Content and as set forth in these Terms and Conditions and no right, title or interest in any Content will be deemed transferred to You.

By accessing or using the Services:

- You confirm and warrant that all the data and information You supply to CloudTV and or any CloudTV's affiliates ("Registration Data ") is and accurate in all respects.

- You agree to promptly update Your Registration Data as necessary, so that Your Registration Data remains accurate at all times.

- You agree that CloudTV shall be under no liability whatsoever to You in the event of non-availability of the Site or any portion thereof occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the control of CloudTV.

- You acknowledge and agree not to either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, violate, or circumvent any patent; trade secret; copyright, trademark, or other proprietary notice marked on the Content or any digital rights management mechanism or device; any content protection or access control measure associated with the Content, including geo-filtering mechanisms; privacy; publicity; or other proprietary right under applicable law.

- You agree not to either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content or create any work or material that is derived from or based on the Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered, or given away.

- You agree not to either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content or create any work or material that is derived from or based on the Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered, or given away.

- You agree that third parties and/or its affiliates or licensors owns and/or retains all rights to the Third Party Content. The Third Party Content are protected by copyright, trademark, design, patent, trade secret, and other intellectual property laws.

- Except as provided in these Terms (or otherwise expressly provided by CloudTV), You may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use any Content contained in the Services. You further agree not to use the Services to:

Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another's privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;

• Harass or harm another person;
• Exploit or endanger a minor;
• Impersonate or attempt to impersonate any person or entity;
• Violate any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary right;
• Introduce or engage in activity that involves the use of viruses, software disabling codes, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;/li>
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software, applications and/or any element comprising the Site, the application for accessing the Content, or the Services;
• Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Services, including CloudTV's servers, networks or accounts;
• Cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Services or the Content;
• Delete or revise any information provided by or pertaining to any other user of the Services.
• Use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Services, or to circumvent, delete, deactivate, decompile, reverse engineer, disassemble or modify any security technology or software that is part of the Services or the Site;
• Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Services. If You do so, You acknowledge You will have caused substantial harm to CloudTV, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, You agree to pay Company INR 500 (Indian rupees five hundred only) for each actual or intended recipient of such communication without prejudice to any other rights of action that CloudTV may have against You in law or equity;
• Solicit, collect or request any personal information for commercial or unlawful purposes;
• Solicit, collect or request any personal information for commercial or unlawful purposes;
• Engage in commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the Content; or building a business using the Content) without CloudTV's prior written consent;
• Use technology or other means to access, index, frame, or link to the Site (including the Content) that is not authorized by CloudTV;
• Access the Site/application/Service (including the Content) through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Site and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
• Use the Services to advertise or promote competing services;
• Use the Services in a manner inconsistent with any and all applicable law;
• Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.

- You are responsible for the security and proper use of Your unique user ID and password that You enter while registering on the Site or on the Partner's website or application 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 user ID and password. You must promptly notify CloudTV if you become aware of any confidentiality breach or unauthorized use of your user account..

- You agree that Your use of the Services and the Content may give You the opportunity to view, publish, transmit, submit posts and/or comment in accordance with these Terms and Conditions. You agree that You will not misuse the Content and/or other user material You access and view as part of the Service, including without limitation, download/store the Content by illegal/non-permitted means, or infringe any of CloudTV's/ or its licensor's / or third party’s copyright, trademark design, patent, and other intellectual property including any rights of CloudTV or its licensors or any third party subsisting in the Content. You further agree that You will not copy/record/edit/modify any of the Content You access and view as part of the Service, for any purpose, and/or copy/record/edit/modify any Content including video, images etc., by using any means including software, spyware, etc., for any purpose whatsoever.

- You further agree that You shall not post, publish, transfer, upload, transmit or submit any of the Content, including without limitation videos, images, comments, User Material (defined below) or articles, of the Site on any other website, webpage or software, whatsoever.

- You agree that the Content provided on the Site is strictly for Your private viewing only and not for public exhibition irrespective of whether the public is charged for such exhibition or not. You hereby agree to refrain from further broadcasting or making available the Content provided on the Site to an y other person(s), or in any manner communicate such Content to the public.

In case the Site allows You to download or stream any of the Content therein, You agree that You will not use, sell, transfer or transmit the Content to any person or upload the Content on any other website, webpage or software, which may violate/cause damages or injuries to any rights of CloudTV or its affiliates or any third party including privacy rights, publicity rights, and intellectual property rights.

You may encounter third party applications while using the Site including, without limitation, websites, widgets, software, services that interact with the Site. Your use of these third-party applications shall be subject to such third-party terms of use or license terms. CloudTV shall not be liable for any representations or warranties or obligations made by such third-party applications to You under contract or law.

Termination of Service

CloudTV reserves the right to immediately terminate, suspend, limit, or restrict Your account or Your use of the Services or access to Content at any time, without notice or liability, if CloudTV so determines in its sole discretion, for any reason whatsoever, including that You have breached these Terms and Conditions, the Privacy Policy, violated any law, rule, or regulation, engaged in any inappropriate conduct, provided false or inaccurate information, or for any other reason. You hereby agree and consent to the above and agree and acknowledge that CloudTV can, at its sole discretion, exercise its right in relation to any or all of the above, and that CloudTV, its directors, officers, employees, affiliates, agents, contractors, principals or licensors shall not be liable in any manner for the same; and You hereby agree, acknowledge and consent to the same. You hereby also agree that CloudTV shall not refund any amounts that you may have paid to access and/or use the Services.

User Reviews, Comments and Other Material

You may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") only reviews or comments or photos or videos on the Site (collectively, "User Material"). As it concerns User Material, without prejudice to Your obligation to otherwise comply with applicable laws during the course of using the Services, You agree to hereby comply with any and all applicable laws, as well as any other rules and restrictions that may be set forth herein or on the Site or Services.

You agree that CloudTV shall have the right but have no obligation, to monitor User Material and to restrict or remove User Material that CloudTV may determine, in its sole discretion, is inappropriate or for any other reason. You acknowledge that CloudTV reserves the right to investigate and take appropriate legal action against anyone who, in CloudTV's sole discretion, violates these Terms, including, but not limited to, terminating their account, terminate, suspend, limit, or use of the Services or access to Content and/or reporting such User Material, conduct, or activity, to law enforcement authorities, in addition to any other available remedies under law or equity. In addition to the restrictions set forth above, You must adhere to the below terms and conditions and not host, display, upload, modify, publish, transmit, update or share any information /material/User Material that:

• belongs to another person and to which You do not have any right to;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever ;
• harms minors in any way;
• infringes any patent, trademark, design, copyright or other proprietary rights;
• violates any law for the time being in force;
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• impersonates another person;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. You also represent and warrant that the Posting of Your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights.

You acknowledge that the User Material is not confidential and that You have no expectation of privacy in it.

In no event does CloudTV assume any responsibility or liability whatsoever for any User Material, and You agree to waive any legal or equitable rights or remedies You may have against CloudTV with respect to such User Material.

This Site may contain articles contributed by several individuals. The views are exclusively their own and do not represent the views of CloudTV, affiliates and/ or its management. All liability in respect of the above is excluded to the extent permitted by law including any implied terms. Indian law and jurisdiction apply with respect to contents of this Site.

Advertising

CloudTV expressly disclaim any liability arising out of the advertisements, usage or viewing of these products or services advertised on our Site or the (third party) content made available / hosted on the third-party sites.

CloudTV takes no responsibility for advertisements or any third-party material posted nor does it take any responsibility for the products or services provided by advertisers. Any dealings You have with advertisers found while using the Services are between You and the advertiser, and You agree that CloudTV is not liable for any loss or claim that You may have against an advertiser.

Third Party Content

CloudTV’s role is limited to providing a communication platform along with hosting services to third parties, to enable the transmission of the Third Party Products and Services (like but not limited to Apps, Content, Advertisements) directly from third parties to You. The Third Party Products and Services are directly made availabel by third parties, without any intervention from CloudTV in the uploading / transmission process. CloudTV’s role is that of an ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules thereunder, with regard to the Third Party Content. Being an intermediary, CloudTV has no responsibility and / or liability in respect of any Third Party Content on the Site, including for intellectual property rights infringement, defamation, obscenity or any other violation under applicable law.

CloudTV does not endorse, market, advertise or publicize any Third Party Content on the Site and is not responsible or liable for any Third Party Content.

CloudTV does not pre-screen the Third Party Content and has no obligation to monitor any Third Party Content. Hence, CloudTV does not have actual or specific knowledge of any Third Party Content on the Site. However, CloudTV at its discretion and in accordance with applicable law may monitor any Third Party Content and may remove any Third Party Content from the Site if CloudTV determines in its sole discretion that such Third Party Content is in violation of this Agreement or any applicable law. CloudTV, at its discretion, may review the Third Party Content when, and only when, complaints are received from You. Such actions do not in any manner negate or dilute CloudTV’s position as an intermediary or impose any liability on CloudTV with respect to Third Party Content.

CloudTV does not pre-screen the Third Party Content and has no obligation to monitor any Third Party Content. Hence, CloudTV does not have actual or specific knowledge of any Third Party Content on the Site. However, CloudTV at its discretion and in accordance with applicable law may monitor any Third Party Content and may remove any Third Party Content from the Site if CloudTV determines in its sole discretion that such Third Party Content is in violation of this Agreement or any applicable law. CloudTV, at its discretion, may review the Third Party Content when, and only when, complaints are received from You. Such actions do not in any manner negate or dilute CloudTV’s position as an intermediary or impose any liability on CloudTV with respect to Third Party Content.

Fraud or Unauthorized Use

You will be solely responsible for any unauthorized access or use of your personal or financial information. To help prevent unauthorized use of your account, you should comply with the security measures considered to be necessary by CloudTV.

Communication and Privacy Policy

In addition to other clauses in these Terms of Service, you agree and consent that we may collect, store, use and/or disclose your personal data through the Applications, in accordance with applicable laws and our privacy policy.

Communications from or with CloudTV.

We may, on our own or through third parties, send you emails, SMS, or such other means of communication, to: (i) advertise Applications, other CloudTV services or our Third Party Providers’ services, (ii) promote new products and activities, or (iii) to obtain your invaluable feedback. In order to serve you better, we may also send you surveys to understand: (i) your experience with the Applications, and/or (ii) your needs and requirements.

You agree and consent that we may collect, store, use and/or disclose you r personal data for the following purposes:

• providing you with the Applications;
• providing you with better more relevant features and content within application
• advertising and promotional purposes;
• sending you information relating to CloudTV’s products and services, including updates on our latest promotions and new products and services;
• sending you information relating to selected third parties’ products and services, such as updates on their latest promotions and their new products and services;
• providing you with information sent by our business partners on their products and services;
• to investigate or resolve any product or Applications related concerns including complaints; and
• obtaining your invaluable feedback.

You may choose to, or we may invite you to, submit comments or ideas about the Applications, including without limitation about how to improve the service or our products. By submitting any idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the idea without any additional compensation to you, and/or to disclose the idea on a non-confidential basis or otherwise to anyone.

Intellectual Property Rights

Applications are protected by copyright, trademarks, patents, trade secret and/or other intellectual property laws. CloudTV owns the title, copyright and other worldwide intellectual property rights in the Applications. These Terms of Use do not grant you any rights to the intellectual property rights in the Applications. Nothing contained herein shall authorize the you to use, apply, invade or in any manner exploit or infringe the intellectual property rights CloudTV or its affiliates without prior written consent. You are hereby given a limited license to use the Applications, subject to your agreement of these Terms of Use.

Taxation

The reporting and payment of any applicable taxes arising from the use of Applications is your responsibility. You hereby agree to comply with any and all applicable tax laws in connection with your use of Applications.

Indemnification

You agree to indemnify, defend and hold harmless CloudTV, its affiliates and its and their directors, officers, owners, agents, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (collectively "Indemnified Parties") from and against any and all claims, demands, causes of action, debt or liability, including reasonable attorneys fees, including without limitation attorneys fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from:

• your use of the Applications;
• any breach or non-compliance by you of any term of these Terms of Use and other related policies;
• any dispute or litigation caused by your actions or omissions; or
• your negligence or violation or alleged violation of any applicable law or rights of a third party

Disclaimer

The applications, including all content, software, functions, materials, and information made available on, provided in connection with or accessible through the applications, are provided "As is." To the fullest extent permissible by law, CloudTV, and its affiliates, and their agents, co-branders or other partners, including but not limited to, device manufacturers & device brands (collectively, "CloudTV party” or “CloudTV parties"), make no representation or warranty of any kind whatsoever for the applications or the content, materials, information and functions made accessible by the software used on or accessed through the applications, or for any breach of security associated with the transmission of sensitive information through the applications. Each CloudTV party disclaims without limitation, any warranty of any kind with respect to the applications, non-infringement, merchantability, or fitness for a particular purpose. CloudTV does not warrant that the functions contained in the applications will be uninterrupted or error free. CloudTV shall not be responsible for any service interruptions.

Limitations Of Liability

In no event shall CloudTV or its affiliates be responsible or liable to you or any third party under any circumstances for any indirect, consequential, special, punitive or exemplary, damages or losses, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses which may be incurred in connection with any CloudTV party or the applications, or any goods, services, or information purchased, received, sold, or paid for by way of the applications, regardless of the type of claim or the nature of the cause of action, even if the CloudTV party has been advised of the possibility of such damage or loss. In no event shall the CloudTV parties' total cumulative liability arising from or relating to these terms of service exceed INR 100/- (Indian rupees one hundred only).

Nothing in these Terms of Service is intended to exclude or limit the liability of any party for (i) death or personal injury; (ii) fraud; (iii) fraudulent misrepresentation; or (iv) any liability that cannot be excluded or limited by law.

Without limiting any of the foregoing, no CloudTV Party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including without limitation governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.

Termination And Suspension

CloudTV reserves the right, in our sole and absolute discretion, to suspend or terminate your use of one or more Applications, without notice and without liability to you or any third party, for any reason, including without limitation inactivity or violation of these Terms of Service or other CloudTV policies, as may be formulated by the CloudTV from time to time.

Governing Law; Jurisdiction

These Terms of Service will be governed by and construed in accordance with the laws of India. You agree that any legal action or proceedings arising out of the aforementioned documents may be brought exclusively in the competent courts/tribunals having jurisdiction in Mumbai, India and irrevocably submit themselves to the jurisdiction of such courts/tribunals.

Modifications

CloudTV has the right, in its sole and absolute discretion, to change, modify, or amend any portion of these Terms of Service at any time. The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Applications.

In addition, CloudTV reserves the right at any time to modify or discontinue, temporarily or permanently, the Applications (in whole or in part) with or without notice. CloudTV may also change the provisions of the Applications, including without limitation applicable fees, in its sole discretion. If you do not agree to the changes, you may stop using the Applications. Your use of the Applications, after implementation of the change(s) will constitute your agreement to such change(s). You agree that we shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Applications.

Severability

If any provision of these Terms of Service is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision will apply with such deletions as may be necessary to make it valid. If any court/tribunal of competent jurisdiction holds any of the provisions of these Terms of Service unlawful or otherwise ineffective, the remainder of these Terms of Service will remain in full force and the unlawful or otherwise ineffective provision will be substituted by a new provision reflecting the intent of the provision so substituted.

Support

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Entire Agreement

These Terms and Conditions and Privacy Policy constitute the entire agreement between You and CloudTV governing Your use of the Services, superseding any prior agreements between You and CloudTV regarding such use. Further, Your acceptance of these Terms constitutes a valid and binding agreement between You and CloudTV. Should these Terms require to be stamped under any applicable stamp duty laws, You should bear such stamp duty payable and comply with relevant stamping obligations.