1. Conditions of Use
3. Electronic Communication
User/Your accessing or availing the services provided on – www.shemaroo.com is purely an exchange of electronic information and communication. The User agrees and understands that such communicating or exchange of electronic data and information is through an electronic medium and that by doing so the user consent and agree to receive communications from us electronically via emails or notices sent or posted respectively on this site. Thus you expressly agree and accept that all such notices, disclosures, agreements and other such communications provided electronically to the User/You satisfy all and any legal requirements and the applicable laws to such written communications for the same.
4. Content Ownership
The following terms mentioned hereunder shall have the meaning as bellow: –
(a) The term “Intellectual Property Rights” shall mean all the patents, trademarks, copyrights, service marks, designs, database right, trade names, brand names, trade secrets, and any associated proprietary rights of Shemaroo Entertainment Limited whether registered or unregistered in nature. If registered the same shall include all renewals and extensions of the said Intellectual Property Rights.
(b) All the rights, interest and titles in either of the intellectual property rights as mentioned in clause (1) hereinabove over the services includes without limitation all the “Content” such as text, images, audios-visuals, literary work, artistic work, computer programme, dramatic work, sound recording, cinematograph film, video recording, performance, broadcast and any other related work under the Copyright Act, 1957. Such “Content”, are the exclusive intellectual property of Shemaroo Entertainment Limited and/or its Licensors and are protected without limitation, pursuant to the Intellectual Property Law and related laws existing in India and the world. Accordingly, Shemaroo Entertainment Limited retains full, complete and absolute title to the service and all the Intellectual Property Rights therein.
(c) The access of such services and any associated content shall be deemed to non-exclusive in nature and the same shall be made available for merely non-commercial and personal use
(d) The User agrees not to modify, publish, transmit, transfer, sell, reproduce, create derivative work from, disseminate, perform display, exploit by any way the entire displayed content and/or any part of it commercially, without the prior written permission expressly provided by Shemaroo Entertainment Limited. The user further agrees to and abides by all the Copyright notices and restrictions attached to any content or any associated material accessed through the Website/Application and not to alter the content and/or any part of the Content in any way.
5. Access to Services by the User
(a) In order to access the services, the user may be required to provide information and details about themselves (such as identification and other contact details for the registration purposes for the Service, or as part of the continued use of services. The user agree that such registration and the allied information that the user gives to the Website /Application will be true, accurate and up to date in nature.
(b) The user further agrees to use the said Services for the purposes that are permitted by (a) the Terms and Conditions of Use and (b) any applicable law, regulations, or generally accepted practices and guidelines in the appropriate jurisdiction.
(c) The user agrees that the user will not engage in any activity that interferes with or disrupts the services (or the servers and networks which are connected to the Services.). Unless the user has been specifically permitted to do so in a separate agreement with Shemaroo Entertainment Limited, the user agree that the user will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose whatsoever.
(e) The availability of the Service in the respective jurisdiction of the user is subject to the sole discretion of Shemaroo Entertainment Limited. Therefore we reserve and retain the right to restrict the access to the aforesaid services in certain geographical locations. The user agrees that the access of the said services in such geographical locations shall be in compliance with all the applicable laws (as amended from time to time). Therefore, such access of services and its content may differ depending upon the respective jurisdiction, device, specification, internet connection and other supporting devices and features. In such case the user shall be solely responsible for all equipment as may be necessary for the user to access the internet, mobile and/or other connection, operator and service fee associated with your access etc.
6. Permitted Use
The User may use the displayed content on shemaroo.com/Application solely for personal and non-commercial use only. User/You shall neither remove any trademark, copyright and any such demarcating mark of Shemaroo or any such trade name, logo and symbols etc, embodied on any such content nor use such aforesaid Intellectual Property Rights for any personal use. All rights not expressly granted herein are reserved.
Such illegal or Unauthorized copying, modification, alteration, removal and/or use of the content displayed on the Website/Application shall amount to violation of Copyright Act, 1957, Trade Mark Act, 1999, Information Technology Act and other related applicable laws, resulting to grave criminal and civil consequences.
7. Content and Site Usage Disclaimer
(a) We shall not be responsible of any nature whatsoever, for any damage, if any caused to the User’s computer system or any loss of data that result from the downloading of any content, data, material, information or accessing of services from the Website/Application.
(b) We reserve and retain the right to change, alter or modify any aspect of the website/application at any time, which shall include all its content whatsoever. We reserve the right to discontinue the facilitation of such services and change the terms and conditions of use accordingly, in order to meet the requisite changes made in the services provided.
(c) We shall not be liable for any kind of damages or losses, including without limitation, direct or indirect, incidental or consequential damages (including, but not limited to, damages for lost profits, business interruptions and loss of programs or information) arising out of the use of or inability to use the website/application, or any such information or content provided on the website/application, or in the services or any claim attributable to the errors, omissions or other inaccuracies in the services or interpretations thereof.
8. General Disclaimer and Limitation of Liability
(a) You agree that use of the services and the access to the Website/Application is at your own risk in toto. The Services including the website/application in totality, the content, provided through the website/application are provided “AS IS” and the same is permitted by law. Such material is provided without any warranties of any kind, either express or implied in nature. The Website/Application does not represent or endorse in any manner the accuracy, completeness, reliability of advice, opinion, statement or any other information displayed, uploaded or distributed through the said platforms.
(b) Shemaroo Entertainment Limited expressly disclaims any and all warranties, express or implied, including without limitation: (a) warranties as to the availability, accuracy, completeness or content information of products or services that are part of the website/application (b) any warranties or fitness for a particular purpose or merchantability or against any violation or infringement. In no event www.shemaroo.com, its affiliates, licensors, employees, agents or contractors, be liable to pay to the User for any damages or losses, including without limitation indirect, consequential, special, incidental or any punitive damages resulting from or caused by Shemaroo Entertainment Limited, its public posting bulletin boards, its content or any errors or omission in its content.
(c) The user agrees to indemnify and keep Shemaroo Entertainment Limited harmless from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, arising out of or relating to any misuse by the User of the content and services provided on the Website/Application.
(e) Price, discounts, schemes, promotions and availability of information/data are subject to change without notice.
9. Governing Law and Jurisdiction
This agreement shall be governed and construed in accordance with the applicable Laws in India and the Courts of Mumbai-(India) shall have an exclusive jurisdiction over any such dispute that may arise out of this agreement or any other agreement that is subsequently entered into, whereby this agreement is of paramount important.
10. Free Trials: – (If Applicable)
We may offer free trials for certain services, however the user shall have access to such free trials for the specific duration for which the free trial is provided and at the end of such free trial period, the user shall be charged with the price for availing such services and will continue to be charged until the user cancel such service. Therefore to avoid such charges, the user must cancel before the end of the free trial period.
11. Payment & Mode of Payment
(a) We allow User(s)/you to access certain premium features or content in exchange of a one time or recurring fee, such fee shall be considered to be a one-time payment of recurring in nature (hereinafter to be referred as the “Payment(s)”), as applicable to the relevant features or content (hereinafter to be referred as “Paid Service” and collectively the “Paid Services”).
(b) Every time the User enters into the mode of payment in order to access the content or makes an attempt to avail the services made available on the Website/Application, the users agrees to the terms of payment and the mode of such payment as well. We shall accept payment via the current payment method indicated prior to the purchase that we make available from time to time.
(c) Price(s) for any such paid service shall change from time to time, and we shall not provide any kind of price protection or refunds in the event of promotional offering. (Pls confirm) The user agrees to pay for any paid service that is accessed or availed by the user. Accordingly, we shall charge through the mode of payment via (Credit & Debit Card) or any other form of payment for the price so listed on for the relevant Paid Service Offer, along with any kind of additional charges relating to the applicable taxes, bank fees and the currency fluctuation, if any.
On any such cancellation of the purchase of any service by the User, a refund of the said amount shall be made in case the user have not commenced using the relevant paid service. The said refund shall be subject to the request made by the user within 7 working days after your order is completed.
The request for such refunds must be directed to our customer support team on firstname.lastname@example.org However, we reserve and retain the right to approve or deny any refund requests after 7 working days at our sole discretion.
We reserve and retain the right to terminate the service or suspend the user’s access to these services partially or completely at any time, under appropriate circumstances, whereby the user is determined to be a repeat infringer.
14. Linked Sites and Web Sites Operated by Third Parties: – (if applicable)
The Website/Application may contain and link you to the third party websites (hereinafter to be referred and mean as the “Linked Sites”) that are not owned or controlled by us but may have been referred to. The user is informed that we have no control over such linked sites and hence assume no responsibility for, the content provided by such third parties. These third parties and the content thereof shall be subject to the applicability of the privacy policies, or practices of such respective websites. By using the said content and the services therein, the user expressly relieves us from any and all liability arising from such use of any third-party website.
If any of these terms and conditions is held to be invalid, void or unenforceable, then the provision shall be considered severable from the remaining provisions, and the remaining provisions, shall have full force and effect.
16. Entire Agreement