|
|
|
|
|
|
|
DesiScreen Terms and Conditions |
|
|
|
Your Acceptance: |
|
|
|
|
|
|
|
A. By using or visiting DesiScreen, you signify your agreement to (1) these terms
and conditions (the "Terms of Service"), and (2) DesiScreen Privacy Policy. If you
do not agree to any of these terms, DesiScreen, the privacy policy, or our community
guidelines, please do not use the DesiScreen Website. |
|
|
|
|
|
B. Although we may attempt to notify you when major changes are made to these Terms
of Service, you should periodically review the most up-to-date version. DesiScreen
may, in its sole discretion, modify or revise these Terms of Service and policies
at any time, and you agree to be bound by such modifications or revisions. Nothing
in this Agreement shall be deemed to confer any third-party rights or benefits. |
|
|
|
|
DesiScreen Website : |
|
|
|
|
|
A. These Terms of Service apply to all users of the DesiScreen Website, including
users who are also contributors of video content, information, and other materials
or services on the Website. The DesiScreen Website includes all aspects of DesiScreen,
including but not limited to DesiScreen channels and the DesiScreen "Embeddable
Player". |
|
|
|
|
|
B. The DesiScreen Website may contain links to third party websites that are not
owned or controlled by DesiScreen. DesiScreen has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any third party
websites. In addition, DesiScreen will not and cannot censor or edit the content
of any third-party site. By using the Website, you expressly relieve DesiScreen
from any and all liability arising from your use of any third-party website. |
|
|
|
|
|
C. Accordingly, we encourage you to be aware when you leave the DesiScreen Website
and to read the terms and conditions and privacy policy of each other website that
you visit. |
|
|
|
|
DesiScreen Accounts : |
|
|
|
|
|
A. In order to access some features of the Website, you will have to create a DesiScreen
account. You may never use another's account without permission. When creating your
account, you must provide accurate and complete information. You are solely responsible
for the activity that occurs on your account, and you must keep your account password
secure. You must notify DesiScreen immediately of any breach of security or unauthorized
use of your account.
|
|
|
|
|
|
B. Although DesiScreen will not be liable for your losses caused by any unauthorized
use of your account, you may be liable for the losses of DesiScreen or others due
to such unauthorized use. |
|
|
|
|
General Use of the Website -- Permissions and Restrictions : |
|
|
|
|
|
DesiScreen hereby grants you permission to access and use the Website as set forth
in these Terms of Service, provided that : |
|
|
|
|
|
A. You agree not to distribute in any medium any part of the Website, including
but not limited to User Submissions (defined below), without DesiScreen's prior
written authorization. |
|
|
|
|
|
B. You agree not to alter or modify any part of the Website, including but not limited
to DesiScreen's Embeddable Player or any of its related technologies. |
|
|
|
|
|
C. You agree not to access User Submissions (defined below) or DesiScreen Content
through any technology or means other than the video playback pages of the Website
itself, the DesiScreen Embeddable Player, or other explicitly authorized means DesiScreen
may designate.
|
|
|
|
|
|
D. You agree not to use the Website, including the DesiScreen Embeddable Player
for any commercial use, without the prior written authorization of DesiScreen. Prohibited
commercial uses include any of the following actions taken without DesiScreen's
express approval : |
|
|
|
|
|
sale of access to the Website or its related services (such as the Embeddable Player)
on another website; |
|
|
|
|
|
use of the Website or its related services (such as the Embeddable Player), for
the primary purpose of gaining advertising or subscription revenue; |
|
|
|
|
|
the sale of advertising, on the DesiScreen website or any third-party website, targeted
to the content of specific User Submissions or DesiScreen content; |
|
|
|
|
|
and any use of the Website or its related services (such as the Embeddable player)
that DesiScreen finds, in its sole discretion, to use DesiScreen's resources or
User Submissions with the effect of competing with or displacing the market for
DesiScreen, DesiScreen content, or its User Submissions. |
|
|
|
|
|
E. Prohibited commercial uses do not include : |
|
|
|
|
|
using the Embeddable Player to show DesiScreen videos on an ad-enabled blog or website,
provided the primary purpose of using the Embeddable Player is not to gain advertising
revenue or compete with DesiScreen; |
|
|
|
|
|
any use that DesiScreen expressly authorizes in writing. |
|
|
|
|
|
F. If you use the DesiScreen Embeddable Player on your website, you must include
a prominent link back to the DesiScreen website on the pages containing the Embeddable
Player and you may not modify, build upon, or block any portion of the Embeddable
Player in any way. |
|
|
|
|
|
G. You agree not to use or launch any automated system, including without limitation,
"robots," "spiders," or "offline readers," that accesses the Website in a manner
that sends more request messages to the DesiScreen servers in a given period of
time than a human can reasonably produce in the same period by using a conventional
on-line web browser. Notwithstanding the foregoing, DesiScreen grants the operators
of public search engines permission to use spiders to copy materials from the site
for the sole purpose of and solely to the extent necessary for creating publicly
available searchable indices of the materials, but not caches or archives of such
materials. DesiScreen reserves the right to revoke these exceptions either generally
or in specific cases. You agree not to collect or harvest any personally identifiable
information, including account names, from the Website, nor to use the communication
systems provided by the Website (e.g. comments, email) for any commercial solicitation
purposes. You agree not to solicit, for commercial purposes, any users of the Website
with respect to their User Submissions. |
|
|
|
|
|
H. You will otherwise comply with the terms and conditions of these Terms of Service,
DesiScreen Community Guidelines, and all applicable local, national, and international
laws and regulations. |
|
|
|
|
|
I. DesiScreen reserves the right to discontinue any aspect of the DesiScreen Website
at any time. |
|
|
|
|
Your Use of Content on the Site : |
|
|
|
|
|
In addition to the general restrictions above, the following restrictions and conditions
apply specifically to your use of content on the DesiScreen Website. |
|
|
|
|
|
A. The content on the DesiScreen Website, except all User Submissions (as defined
below), including without limitation, the text, software, scripts, graphics, photos,
sounds, music, videos, interactive features and the like ("Content") and the trademarks,
service marks and logos contained therein ("Marks"), are owned by or licensed to
DesiScreen, subject to copyright and other intellectual property rights under the
law. Content on the Website is provided to you AS IS for your information and personal
use only and may not be downloaded, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes
whatsoever without the prior written consent of the respective owners. DesiScreen
reserves all rights not expressly granted in and to the Website and the Content. |
|
|
|
|
|
B. You may access User Submissions solely : |
|
|
|
|
|
for your information and personal use; |
|
|
|
|
|
as intended through the normal functionality of the DesiScreen Service; |
|
|
|
|
|
C. User Comments are made available to you for your information and personal use
solely as intended through the normal functionality of the DesiScreen Service. User
Comments are made available "as is", and may not be used, copied, reproduced, distributed,
transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited
in any manner not intended by the normal functionality of the DesiScreen Service
or otherwise as prohibited under this Agreement. |
|
|
|
|
|
D. You may access DesiScreen Content, User Submissions and other content only as
permitted under this Agreement. DesiScreen reserves all rights not expressly granted
in and to the DesiScreen Content and the DesiScreen Service. |
|
|
|
|
|
E. You agree to not engage in the use, copying, or distribution of any of the Content
other than expressly permitted herein, including any use, copying, or distribution
of User Submissions of third parties obtained through the Website for any commercial
purposes. |
|
|
|
|
|
F. You agree not to circumvent, disable or otherwise interfere with security-related
features of the DesiScreen Website or features that prevent or restrict use or copying
of any Content or enforce limitations on use of the DesiScreen Website or the Content
therein. |
|
|
|
|
|
G. You understand that when using the DesiScreen Website, you will be exposed to
User Submissions from a variety of sources, and that DesiScreen is not responsible
for the accuracy, usefulness, safety, or intellectual property rights of or relating
to such User Submissions. You further understand and acknowledge that you may be
exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable,
and you agree to waive, and hereby do waive, any legal or equitable rights or remedies
you have or may have against DesiScreen with respect thereto, and agree to indemnify
and hold DesiScreen, its Owners/Operators, affiliates, and/or licensors, harmless
to the fullest extent allowed by law regarding all matters related to your use of
the site. |
|
|
|
|
Your User Submissions and Conduct : |
|
|
|
|
|
A. As a DesiScreen account holder you may submit video content ("User Videos"),
Image content (“User Images”) and textual content ("User Comments"). User Videos,
User Images and User Comments are collectively referred to as "User Submissions."
You understand that whether or not such User Submissions are published, DesiScreen
does not guarantee any confidentiality with respect to any User Submissions. |
|
|
|
|
|
B. You shall be solely responsible for your own User Submissions and the consequences
of posting or publishing them. In connection with User Submissions, you affirm,
represent, and/or warrant that: you own or have the necessary licenses, rights,
consents, and permissions to use and authorize DesiScreen to use all patent, trademark,
trade secret, copyright or other proprietary rights in and to any and all User Submissions
to enable inclusion and use of the User Submissions in the manner contemplated by
the Website and these Terms of Service. |
|
|
|
|
|
C. For clarity, you retain all of your ownership rights in your User Submissions.
However, by submitting User Submissions to DesiScreen, you hereby grant DesiScreen
a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license
to use, reproduce, distribute, prepare derivative works of, display, and perform
the User Submissions in connection with the DesiScreen Website and DesiScreen's
(and its successors' and affiliates') business, including without limitation for
promoting and redistributing part or all of the DesiScreen Website (and derivative
works thereof) in any media formats and through any media channels. You also hereby
grant each user of the DesiScreen Website a non-exclusive license to access your
User Submissions through the Website, and to use, reproduce, distribute, display
and perform such User Submissions as permitted through the functionality of the
Website and under these Terms of Service. The above licenses granted by you in User
Videos terminate within a commercially reasonable time after you remove or delete
your User Videos from the DesiScreen Service. You understand and agree, however,
that DesiScreen may retain, but not display, distribute, or perform, server copies
of User Submissions that have been removed or deleted. The above licenses granted
by you in User Comments are perpetual and irrevocable. |
|
|
|
|
|
D. In connection with User Submissions, you further agree that you will not submit
material that is copyrighted, protected by trade secret or otherwise subject to
third party proprietary rights, including privacy and publicity rights, unless you
are the owner of such rights or have permission from their rightful owner to post
the material and to grant DesiScreen all of the license rights granted herein. |
|
|
|
|
|
E. You agree that your conduct on the site will comport with the DesiScreen Community
Guidelines which may be updated from time to time. |
|
|
|
|
|
F. DesiScreen does not endorse any User Submission or any opinion, recommendation,
or advice expressed therein, and DesiScreen expressly disclaims any and all liability
in connection with User Submissions. DesiScreen does not permit copyright infringing
activities and infringement of intellectual property rights on its Website, and
DesiScreen will remove all Content and User Submissions if properly notified that
such Content or User Submission infringes on another's intellectual property rights.
DesiScreen reserves the right to remove Content and User Submissions without prior
notice. |
|
|
|
|
Account Termination Policy : |
|
|
|
|
|
A. DesiScreen will terminate a User's access to its Website if, under appropriate
circumstances, they are determined to be a repeat infringer. |
|
|
|
|
|
B. DesiScreen reserves the right to decide whether Content or a User Submission
is appropriate and complies with these Terms of Service for violations other than
copyright infringement and violations of intellectual property law, such as, but
not limited to, pornography, obscene or defamatory material, or excessive length.
DesiScreen may remove such User Submissions and/or terminate a User's access for
uploading such material in violation of these Terms of Service at any time, without
prior notice and at its sole discretion. |
|
|
|
|
Copyright Issues : |
|
|
|
|
|
If you are a copyright owner or an agent thereof and believe that any User Submission
or other content infringes upon your copyrights, you may contact DesiScreen via
email to info@DesScreen.com. |
|
|
|
|
Warranty Disclaimer : |
|
|
|
|
|
YOU AGREE THAT YOUR USE OF THE DESISCREEN WEBSITE SHALL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, DESISCREEN, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE
AND YOUR USE THEREOF. DESISCREEN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED
TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY
ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE DESISCREEN WEBSITE. DESISCREEN DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED
BY A THIRD PARTY THROUGH THE DESISCREEN WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED
IN ANY BANNER OR OTHER ADVERTISING, AND DESISCREEN WILL NOT BE A PARTY TO OR IN
ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE. |
|
|
|
|
Limitation of Liability : |
|
|
|
|
|
IN NO EVENT SHALL DESISCREEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR
WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED
TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS
IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE DESISCREEN WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. |
|
|
|
|
|
YOU SPECIFICALLY ACKNOWLEDGE THAT DESISCREEN SHALL NOT BE LIABLE FOR USER SUBMISSIONS
OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE
RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. |
|
|
|
|
|
The Website is controlled and offered by DesiScreen from its facilities in the United
States of America. DesiScreen makes no representations that the DesiScreen Website
is appropriate or available for use in other locations. Those who access or use
the DesiScreen Website from other jurisdictions do so at their own volition and
are responsible for compliance with local law. |
|
|
|
|
Indemnity : |
|
|
|
|
|
You agree to defend, indemnify and hold harmless DesiScreen, its parent corporation,
officers, directors, employees and agents, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and expenses (including
but not limited to attorney's fees) arising from: (i) your use of and access to
the DesiScreen Website; (ii) your violation of any term of these Terms of Service;
(iii) your violation of any third party right, including without limitation any
copyright, property, or privacy right; or (iv) any claim that one of your User Submissions
caused damage to a third party. This defense and indemnification obligation will
survive these Terms of Service and your use of the DesiScreen Website.
|
|
|
|
|
Ability to Accept Terms of Service : |
|
|
|
|
|
You affirm that you are either more than 18 years of age, or an emancipated minor,
or possess legal parental or guardian consent, and are fully able and competent
to enter into the terms, conditions, obligations, affirmations, representations,
and warranties set forth in these Terms of Service, and to abide by and comply with
these Terms of Service. |
|
|
|
|
Assignment : |
|
|
|
|
|
These Terms of Service, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by DesiScreen without restriction. |
|
|
|
|
|
|
|