End User Agreement
Shubh Media Pvt Ltd is a company incorporated under Companies Act, 2013, having its registered office at 9th Floor, Pittie Group, Vaibhav Chambers, Opposite Income Tax Office, Bandra-Kurla Complex (BKC), Bandra (East), Mumbai – 400051, India. Shubh TV provides an online website ‘www.shubhtv.com’ (“Site”) as an interactive platform for its viewers and any associated mobile sites, applications (“Apps”) to inter alia view episodes and programmes, spiritual, devotional, religious content, view videos and /or photos of their favorite characters on serials, read recap of serials, international content including viewing schedules of content offered etc. on the Site and any other features, tools, applications, materials, or other services offered from time to time by Shubh TV in connection with its business, provided on the Site (“Content”) and post comments. You may be able to access the Services including Content through mobile phones, tablets and other IP based connected devices.
The Content contained in the Shubh Media including but not limited to on the Site is protected by copyright, trademark, patent, trade secret and other laws, and shall not be used except as provided in these Terms and Conditions, without the written permission of Shubh.
Access and Use of the Services
Shubh grants you a non-exclusive limited, revocable, limited permission to use the Services on the Site for personal, non-commercial purposes during the subsistence of Your Account 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.
By agreeing to use/avail the Services :
- You confirm and warrant that all the data and information supplied by You when You register (if applicable) and provided by You to Shubh and or any Shubh’s affiliates, distributors (“Registration Data”) is true, current, complete and accurate in all respects.
- You agree to promptly update Your Registration Data, so that Your information remains true, current, complete, and accurate at all times.
- You agree that Shubh TV has the right to temporarily suspend access to the whole or any part of the Services for any technical/operational reason and shall be under no liability to You in such an event. Shubh TV may, but shall not be obliged to, give You as much notice of any interruption of access to the Services as is reasonably practicable. Shubh TV will restore access to the Services as soon as reasonably practicable after temporary suspension.
- You agree that Shubh TV 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 any other cause whatsoever beyond the control of Shubh TV.
- 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 that Shubh TV and/or its affiliates or licensors owns and/or retains all rights to the Services and the Content throughout the territory of the world in perpetuity. You further agree that the Content You access and view as part of the Services is owned or controlled by Shubh TV, its affiliates and or its licensors. The Services and the 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 Shubh TV), 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;
- 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 Shubh TV Services;
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Shubh TV Services, including Shubh’s servers, networks or accounts;
- Cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Shubh TV Services or the Content;
- Delete or revise any information provided by or pertaining to any other user of the Shubh TV 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 Shubh TV Services, or to circumvent, delete, deactivate, decompile, reverse engineer, disassemble or modify any security technology or software that is part of the Shubh TV 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 Shubh TV Services. If you do so, you acknowledge you will have caused substantial harm to Shubh TV, 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 Shubh TV may have against you in law or equity;
- Solicit, collect or request any personal information for commercial or unlawful purposes;
- Post, upload or otherwise transmit an image or video of another person without that person’s consent;
- 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 Shubh TV’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 Shubh TV;
- 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 and must take all necessary steps to ensure that they are kept confidential, used properly, and not disclosed to unauthorized people.
- 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 Shubh TV’s/ or its licensor’s copyright, trademark design, patent, and other intellectual property including any rights of Shubh TV or its licensors 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 which is not owned by Shubh TV.
- 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 Shubh TV or its affiliates or any third party including privacy rights, publicity rights, and intellectual property rights.
Termination of Service
- User Reviews, Comments and Other Material
- You may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") only reviews or comments (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 Shubh TV shall have the right but have no obligation, to monitor User Material and to restrict or remove User Material that Shubh TV may determine, in its sole discretion, is inappropriate or for any other reason. You acknowledge that Shubh TV reserves the right to investigate and take appropriate legal action against anyone who, in Shubh TV’s sole discretion, violates these Terms, including, but not limited to, terminating their account 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.
- By posting the User Material, You hereby grant Shubh TV a license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material worldwide, including on or through any property, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license You grant to Shubh TV is non-exclusive, royalty-free, irrevocable, and sub licensable. Additionally, Shubh TV is free to use any ideas, concepts, know-how, or techniques contained within such User Material for any purpose, including, but not limited to, developing, manufacturing, marketing, and providing commercial products and services, including the Services. Shubh TV’s use of such User Material shall not require any further notice of attribution to you and such use shall be without requirement of any permission from or any payment to you or any other person or entity. You hereby agree and confirm that the provisions of section 19(4) of the Indian Copyright Act, 1957, shall not apply to this license.
- In no event does Star 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 Star with respect to such User Material.
- Linked Destinations and Advertising
Part of this Site/Service contains advertising and other material submitted to us by third parties and/or links to third party sites and third party content. Although display of advertisements on the Site on request is subject to our terms and conditions, we expressly disclaim any liability arising out of the 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. You agree and acknowledge that Shubh TV does not endorse or sponsor such third party sites, content, advertising or other material. This Site may contain articles contributed by several individuals. The views are exclusively their own and do not represent the views of Shubh TV, 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 applies with respect to contents of this Site. While using this website for information purposes or otherwise, users acknowledge and accept the above disclaimer.
Shubh TV is not responsible for the content or practices of any website or destination other than the Site, even if it links to the Site and even if the website or destination is operated by a company affiliated or otherwise connected with Shubh TV. By using the Services, You acknowledge and agree that Shubh TV is not responsible or liable to You for any content or other materials hosted and served from any website or destination other than the Site.
Shubh TV takes no responsibility for advertisements or any third party material posted on the Site 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 Shubh TV is not liable for any loss or claim that You may have against an advertiser.
If You have any questions, complaints or claims with respect to the Site and/or Services, then such correspondence should be directed to the address as given below.
9th Floor, Pittie Group, Vaibhav Chambers, Opposite Income Tax Office, Bandra-Kurla Complex (BKC), Bandra (East), Mumbai – 400051, India.
Disclaimer of Warranties
You agree that use of the Services and the access to the Site is at Your own risk. The Services including the Site, the Content, the video player, User Material and any other materials contained on or provided through the Site are provided “AS IS” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, Shubh TV does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the Services will be uninterrupted, free of viruses and other harmful components, accurate, error free or reliable.
LIMITATION OF LIABILITY
Under no circumstances and under no legal theory, whether in tort, contract,or otherwise, shall Shubh TV be liable to you or to any other person or entity for any indirect, special, incidental, punitive, emote or consequential damages or any or any other damages whatsoever (including, without limitation, damages for loss of profits, Loss of Goodwill, Loss of confidential or other information, business interruption, work stoppage, computer failure or malfunction, personal injury, loss of privacy, failure to meet any duty including, a duty of good faith or of reasonable care, negligence (whether active or passive), and any other pecuniary or other loss whatsoever, arising out of or in any way related to the use or inability to use the Shubh TV network, loss of data or otherwise under or in connection with any provision of these terms, even in the event of fault, tort (including negligence, and gross negligence), strict, strict liability, breach of contract, or breach of warranty by Pittie Group, and even if Shubh TV has been advised of the possibility of such damages. In no event will Shubh TV be liable for any damages in excess of your last recharge amount for the Shubh network.This limitation of liability shall not apply to liability for death or personal injury to the extent that applicable law prohibits such limitation. Furthermore, some states and jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
You agree to defend, indemnify and hold harmless Shubh TV, its affiliates, 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 attorneys’ fees) arising from: (i) Your use of and access to the Services; (ii) Your violation of any term of these Terms and Conditions; (iii) Your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; (iv) Your breach of any applicable laws; and (v) any unauthorized, improper, illegal or wrongful use of Your Account by any person, including a third party, whether or not authorized or permitted by you. This indemnification obligation will survive the expiry or termination of these Terms and Conditions and Your use of the Service.
LAW & DISPUTES
These TERMS and all matters arising from it are governed by and construed in accordance with the laws of India and courts of Mumbai, India shall have exclusive jurisdiction over all disputes arising in connection with these TERMS.
If any provision of these Terms and Conditions is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.
You acknowledge that Your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law, confidentiality shall survive the efflux of time and the termination of these Terms and Conditions.