Terms and Conditions
Welcome to CINEKAR, we provide you both free and subscription based service that allows our end users to access entertainment content including movies and series streamed over the internet to certain Devices. These Terms and Conditions (“Terms and Conditions”) govern your use of our service.
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
The website, www.cinekar.com and its website and Application is owned, operated and maintained by PR Gods Private Limited (“PR GODS”).
PLEASE READ THE TERMS CAREFULLY BEFORE USE OF THE CINEKAR SERVICES. THESE TERMS CONSTITUTE A LEGAL AND BINDING AGREEMENT BETWEEN YOU (THE END USER OF CINEKAR) AND PR GODS (THE OWNER OF CINEKAR), AND GOVERN YOUR USE OF THE CINEKAR. BY CHECKING/CLICKING ON THE
I AGREE LINK AND/OR BY DOWNLOADING AND/OR INSTALLING AND/OR BROWSING OR USING CINEKAR, YOU EXPRESSLY ACCEPT THE TERMS. IF YOU DO NOT ACCEPT TO THE TERMS, PLEASE DO NOT BROWSE AND/OR DOWNLOAD AND/OR INSTALL AND/OR USE CINEKAR.
For the purpose of these Terms and Conditions, the terms “You” “Your” or “User” shall mean any person, natural or legal who uses or browses CINEKAR. The term “We”, “Us”, “Our” shall mean PR GODS.
Q. What is CINEKAR PRIME?
A. Experience Movie Magic like never before with CINEKAR PRIME – A premium video on demand service where you can watch upcoming blockbusters on pay-per-view basis.
Q. How to watch content on CINEKAR PRIME?
A. CINEKAR consumers can easily discover latest blockbusters available on CINEKAR PRIME. Here’s where you can access the content
Top carousal with latest blockbuster content on the Homepage
• The CINEKAR PRIME space on the Homepage showcasing currently available and upcoming blockbuster content
• The CINEKAR PRIME navigation element on the top menu bar
• Utilization of platform search functionality on CINEKAR App or Website
Certain words in this TERMS have a specific meaning and are explained below for YOUR easy understanding:
Applicationmeans the CINEKAR application owned by PR GODS to provide the Content on Devices, which is available on various platforms such as android and supported web browsers etc.
Contentmeans all text, graphics, images, music, software, audio, video, information or any other materials available on CINEKAR.
Devicesmeans any and all internet enabled devices like smart phones, tablets, laptops, desktops, etc. which are compatible with and have access to the Internet.
CINEKARmeans CINEKAR website www.cinekar.com, CINEKAR mobile web , and any other future variations or domain, Application and any present and future means and modes to offer Services.
Internetshall mean the system making use of the TCP/IP software protocols known as the internet or the worldwide web whatever the communications links may be which connects the user (including by way of fixed, mobile, DSL, ISDN, UMTS WiMax or other broadband links) including any developments in such protocols or any other protocols which may be developed which give equivalent, reduced or enhanced functionality compared with such protocols.
Subscription Package means a combination of one or multiple live tv channels, video on demand, TV shows, movies, music or any other Information or entertainment based Content priced at a specific amount decided by PR GODS at its sole discretion.
Unless otherwise specified, CINEKAR is available for individuals who have attained the age of majority in their jurisdiction. In the case of India, this service is restricted to Users who are aged less than 18 years old. If You are under the relevant age of majority in Your jurisdiction, You may only access the Site and the Services in accordance with applicable law which enables a minor in your jurisdiction to access such a service. In India, by browsing or downloading and/or installing and/or using the CINEKAR, YOU represent and warrant that YOU are 18 years of age or older and in case YOU are less than 18 years of age, YOU have taken consent of YOUR parent or guardian.
YOU will be solely responsible for obtaining and maintaining the Device and Internet connection needed in order to access and use CINEKAR and paying for all such charges in relation thereto. Internet charges will depend on the plan subscribed by You from the internet service provider.
CINEKAR is compatible on selected operating systems and specific versions and Device(s). The download procedure of the Application shall be subject to the process specified by the operating system of YOUR Device(s). YOU need to have a Device connected with Internet for download of CINEKAR to begin and complete. PR GODS shall not be responsible in case of any fluctuation in the Internet connection speed leading to corruption of Application file download or any delayed or defective download of the Application on Your Device(s). PR GODS shall not be responsible or liable to YOU for interruption, disruption, deactivation of CINEKAR on account of any Force Majeure Event. For the purpose of these Terms and Conditions, “Force Majeure Event” shall mean any event beyond the reasonable control of PR GODS including but not limited to act of God, any act or omission of government or quasi-government agencies or lock out, strike, curfew, technical errors etc. PR GODS may, at its sole discretion, make bug fixes, updates for the installed Application. In the event PR GODS has upgraded the Application or any features thereof, You will be required to update Your Device in order to make the Device compatible with such upgrades. PR GODS shall not be responsible or liable to YOU in the event You are unable to access CINEKAR or view the Content on CINEKAR due to Your failure to upgrade Your Device.
The Content contained or available on CINEKAR is protected by copyright, trademark, patent, trade secret and other laws and shall be used as provided in these Terms and Conditions, without written permission of PR GODS.
YOU may register YOURSELF as a user of CINEKAR and become a registered user of the the CINEKAR platform (“Registered User”). During the registration process, YOU as Registered User are required to create user name (by using YOUR mobile number) and password.
As Registered User, YOU agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. PR GODS reserves the right to suspend or terminate YOUR registration as Registered User without assigning any reason (including for provision of inaccurate, not current or incomplete information during the registration process or thereafter). As Registered User, YOU shall be responsible for safeguarding YOUR password and for all transactions undertaken using YOUR Username and password. YOU agree not to disclose YOUR password to any third party and to take sole responsibility for any activities or actions under YOUR account, whether or not YOU have authorized such activities or actions. It is YOUR sole responsibility to change YOUR password immediately if YOU believe that YOUR password has been compromised. PR GODS will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of YOUR Username and password in any circumstances.
Some of the Content is only available to users who avail the Subscription Packages. Any Registered User can avail the Subscription Package (“Subscription User”). As Subscription User, You will be required to subscribe to Subscription Packages made available by PR GODS from time to time. The subscription to Subscription Packages may be subject to additional terms specified by PR GODS. Depending on packages and/or value added services and the term of the proposed subscription, YOU will be required to make online payments through YOUR credit card or debit card or net banking account or cash card or via any other mode made available for making payments through mediums as authorized in YOUR territory and as provided by PR GODS for accessing and browsing CINEKAR. The facility for online payments through credit cards or debit cards or net banking account or cash card or any other mode is available for selected credit cards, debit cards, net banking accounts and cash cards only. If YOU wish to avail the CINEKAR after the expiry of the initial term of Subscribed Packages, YOU shall prior to expiry of such term, recharge of YOUR account with the then prevailing subscription charges.
PR GODS reserves the right to modify or discontinue CINEKAR at its sole discretion with or without notice to YOU. PR GODS shall not be liable to YOU or any third party in any manner, should PR GODS exercise its right to modify or discontinue the CINEKAR. Further, PR GODS reserves the right, at any time, with or without notice and without any liability to:
(i) replace or otherwise withdraw Subscription Packages or Content,
(ii) change or reduce the number of hours of any Content
(iii) blackout any Content and
(iv) modify the prices for Subscription Packages or any part of CINEKAR service. Further, PR GODS reserves the right to change packaging and introduce base and add on packages and/or offer channels on a-la-carte basis. YOU acknowledge and agree that the Content provided by PR GODS as part of CINEKAR is being supplied by third parties and availability of such Content is outside PR GODS’s control and can be removed anytime. Additionally, PR GODS shall have the right, but not the obligation, to refrain from providing to YOU any Content in the interest of national security or in the event of emergency / war or similar situation or if the Content is anti-national, promotes political / religious propaganda, is against public policy, is banned or restricted from being distributed under any applicable law or PR GODS otherwise determine that it is objectionable or obscene or is derogatory to any person or class of persons, hurts the religious sentiments of any religious group or infringes the privacy rights of any individual(s) or is not in the interest of PR GODS’s subscribers or the general public.
In a credit card and/or debit card and/or net banking and/or cash card transaction and/or any other mode available, YOU must use YOUR own credit card and/or debit card and/or net banking account and/or cash card. YOU confirm and acknowledge that YOU are aware of the fact that when making any online payment through credit card or debit card or net banking account or cash card or via any other mode available, YOU may be directed to an external payment gateway page. The payment gateway may redirect YOU to other website(s) maintained or controlled by third parties, and PR GODS does not control such third party website(s) and hence are not responsible for any transactions on such website(s). PR GODS will not be liable for any credit card or debit card or net banking or cash card fraud, and PR GODS will not entertain or address any such grievances or issues. YOU are requested to communicate all grievances related to such issues to YOUR bank or mobile carrier/operator or mobile wallet provider who has issued such credit card or debit card or net banking account or cash card. PR GODS shall not be responsible for all or any dispute or difference relating to online payment made by YOU through credit card or debit card or net banking account or cash card or via any other mode available. Further, PR GODS will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of YOUR credit card or debit card or net banking account number or cash card and other details. Payments once made by credit card or debit card or net banking or cash cards or via any other mode available shall not be refunded in any circumstances. You are hereby advised to keep details of your credit/debit card and net banking confidential and do not share any such details with any other third party.
CINEKAR is available in select countries only. PR GODS would not be held responsible for hindrances in the access and use of CINEKAR due to geographical change in YOUR location. Further, YOU will be solely liable for accessing and using CINEKAR in the countries of YOUR use.
CINEKAR shall have the discretion to make certain or all Content that is a part of the Subscription available to You on either one or limited number of end user device concurrently.
The Content on CINEKAR and the “CINEKAR” word mark and the “CINEKAR” design mark, as well as certain other of the names, logos, and materials displayed on or through CINEKAR that constitute trademarks, trade-names, service marks or logos (“Marks”) are owned by or licensed to PR GODS and are subject to copyright, trademark, and other intellectual property rights under Indian laws. YOU agree not to reproduce, duplicate, copy, download, stream capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit for any purposes the CINEKAR or any portion of the CINEKAR, including, without limitation, the Content and the Marks, except as authorized by these TERMS or as otherwise authorized in writing by PR GODS. In addition, YOU are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based on in any way the Content and the Marks, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, except as authorized by these TERMS or as otherwise authorized in writing by PR GODS. You must abide by all copyright notices, information, and restrictions contained in or associated with any Content. You must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection or access control measure (including, without limitation, geo-filtering and/or encryption) associated with the Content.
You hereby agree that all intellectual property rights, title and interest in the user generated content published or generated on CINEKAR by You shall vest with PR GODS.
a.It is hereby clarified that CINEKAR is provided for YOUR personal, non-commercial use only. You agree not to, either directly or through the use of any device, software, web-based service, or by other means, copy, download, archive, perform, display, upload, publish, transmit or retransmit the Content or create any work or material that is derived from or based on the Content, rent, lease, duplicate, sublicense, assign, pledge, loan, or resell the Content of CINEKAR. YOU shall not translate, reverse engineer, decompile, disassemble CINEKAR. YOU shall only use the CINEKAR on Device that is under YOUR exclusive control and ownership. YOU shall not permit any third party to benefit from the use or functionality of CINEKAR, either directly or via any facility management, timesharing, service bureau or any other arrangement. If YOU transfer possession of any copy of CINEKAR to another party, YOUR subscription of CINEKAR shall automatically get terminated. All rights not expressly set forth hereunder are reserved exclusively by PR GODS.
b.You are prohibited from using technology or other means to access, index, frame, or link CINEKAR, in whole or in part that is not authorized by PR GODS;
c.You hereby agree not to use CINEKAR for promoting services of competitors of PR GODS;
d.You hereby expressly agree to use CINEKAR in strict compliance with applicable laws;
e.You agree, undertake and confirm that Your use of CINEKAR shall be strictly governed by the following binding principles:
f.You shall not host, display, upload, modify, publish, transmit, update or share any information that:
i.belongs to another person and to which You do not have any right to; or interferes with another user`s use and enjoyment of CINEKAR
ii.that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another`s privacy, hateful, or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986, of another person;
iii.misleading in any way; or
iv.is patently offensive to the online community, such as content that promotes pedophilia, racism, bigotry, or physical harm of any kind against any group or individual;
v.involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”
vi.infringes upon intellectual property rights of third party or violates rights of privacy (including without limitation unauthorized disclosure of a person`s name, email address, physical address or phone number) or rights of publicity
vii.contains restricted or password-only access pages, or hidden pages or images
viii.provides material that exploits people in a violent or otherwise inappropriate manner or solicits personal information from anyone
ix.provides instructional information about illegal activities such as making or buying illegal weapons or providing or creating computer viruses
x.contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his her guardian in the case of minor
xi.engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising etc. Throughout these Terms and Conditions, Our “prior written consent” means a communication coming from Our authorized representative, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization
xii.harm minors in any way
xiii.violates any law for the time being in force
xiv.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 to any other nation
g.You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of CINEKAR or any Content, or in any way reproduce or circumvent the navigational structure or presentation of CINEKAR or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through CINEKAR. We reserve the right to bar any such activity.
h.You shall not probe, scan or test the vulnerability of CINEKAR website or any network connected to CINEKAR nor breach the security or authentication measures on CINEKAR or any network connected to CINEKAR. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to CINEKAR to its source.
i.You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of CINEKAR or any systems or networks connected to CINEKAR.
j.You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through CINEKAR or any service offered on or through CINEKAR. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
k.You shall not engage in advertising to, or solicitation of, other users of CINEKAR to buy or sell any products or services, including, but not limited to, services being displayed on or related to CINEKAR.
l.Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through CINEKAR, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on CINEKAR. YOU acknowledge and agree that PR GODS is not responsible or liable for: (i) the availability or accuracy of such websites or resources or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by PR GODS of such websites or resources or the content, products, or services available from such websites or resources. YOU acknowledge sole responsibility for and assume all risks arising from YOUR use of any such websites or resources.
m.It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on CINEKAR and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You on the public forum due to Your use of CINEKAR, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses but by browsing/using CINEKAR, You acknowledge and agree that We shall not responsible for the use of any personal information that You publicly disclose or share with others on CINEKAR. Please carefully select the type of information that You publicly disclose or share with others on CINEKAR.
As Subscription User, YOUR right to use CINEKAR shall automatically terminate on the expiry of the term of the Subscription Package. You may discontinue your participation in and access to CINEKAR at any time. YOU agreed that upon suspension or termination, no amount shall be refunded to YOU by PR GODS.
PR GODS welcomes and encourages YOU to provide feedback, comments and suggestions for improvements to CINEKAR (“Feedback”). YOU may submit Feedback by emailing us at email@example.com. YOU acknowledge and agree that all Feedback will be the sole and exclusive property of PR GODS and YOU hereby irrevocably assign to PR GODS all of YOUR right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At PR GODS`s request and expense, YOU will execute documents and take such further acts as PR GODS may reasonably request to assist PR GODS to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback. You further acknowledge and agree that PR GODS shall not be under an obligation to take any action pursuant to the Feedback provided by You. PR GODS may, at its sole discretion, decide whether any action is required to be taken based on the Feedback received from You. You hereby expressly agree to indemnify and keep PR GODS harmless against any liabilities that may suffered or incurred by PR GODS as a consequence of any action taken by PR GODS pursuant to Your Feedback.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW OF INDIA, CINEKAR IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME SOLE RISK AND RESPONSIBILITY FOR SELECTING CINEKAR TO ACHIEVE YOUR INTENDED RESULTS, AND SOLE RESPONSIBILITY FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM CINEKAR. WITHOUT LIMITING THE FOREGOING PROVISIONS, PR GODS MAKES NO WARRANTY THAT CINEKAR WILL BE ERROR-FREE, VIRUS FREE, OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE CINEKAR WILL SATISFY YOUR SPECIFIC REQUIREMENTS OR THAT THE ERRORS WILL BE RECTIFIED. YOU UNDERSTAND THAT CINEKAR CAN BE BLOCKED OR MADE INOPERABLE AND PR GODS ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE SAME. CINEKAR IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING WITHOUT LIMITATION, IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, DIRECT LIFE-SUPPORT MACHINES, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF CINEKAR NETWORK COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE (COLLECTIVELY, “HIGH RISK ACTIVITIES”). PR GODS EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PR GODS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS (“INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEYS
FEES AND COSTS) THAT SUCH INDEMNIFIED PARTIES MAY INCUR AS A RESULT OF OR ARISING FROM (A) ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, YOUR USER GENERATED CONTENT, FEEDBACK, OR ANY OTHER CONTENT) YOU (OR ANYONE USING YOUR ACCOUNT) SUBMIT, POST, OR TRANSMIT ON OR THROUGH CINEKAR (B) YOUR (OR ANYONE USING YOUR ACCOUNTS) USE OF THE CINEKAR (C) YOUR (OR ANYONE USING YOUR ACCOUNT
S) VIOLATION OF THESE TERMS OR (D) YOUR (OR ANYONE USING YOUR ACCOUNTS) VIOLATION OF ANY RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET OR OTHER PROPRIETARY RIGHTS OF ANY PERSON OR ENTITY. PR GODS RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH PR GODS IN ASSERTING ANY AVAILABLE DEFENSES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL PR GODS BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, REMOTE OR CONSEQUENTIAL DAMAGES 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 CINEKAR, 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 LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY PR GODS, AND EVEN IF PR GODS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PR GODS BE LIABLE FOR ANY DAMAGES IN EXCESS OF YOUR LAST RECHARGE AMOUNT FOR CINEKAR. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
PR GODS is a company based in India. PR GODS’s goal is to bring to YOU as much Content as is legally available. That said, PR GODS is limited by the rights that PR GODS’s content licensors grant to PR GODS. Using technologies to access the Content from territories where PR GODS does not have rights or does not offer services is prohibited. By browsing or using CINEKAR, YOU hereby acknowledge that PR GODS is not responsible or liable in any manner to comply with any local laws of YOUR territory except India with respect to CINEKAR. Further, YOU hereby agree that by usage of CINEKAR, YOU undertake the responsibility and liability with respect to viewing the Content of CINEKAR in YOUR territory.
The relationship between PR GODS and You is on a principal-to-principal basis. You are in no way PR GODS’s legal representative, partner or agent for any reason whatsoever.
YOU agree to comply fully with all Indian export laws and regulations to ensure that CINEKAR are not exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
YOU agree that CINEKAR, including, but not limited to, the object code components, provided to YOU is “Confidential Information” of PR GODS. YOU shall retain all Confidential Information in strict confidence at least with the same amount of diligence that YOU exercise in preserving the secrecy of YOUR most-valuable information, but in no event less than reasonable diligence.
These TERMS are personal to YOU and YOU shall not assign, transfer, sub-contract or otherwise part with these TERMS or any right or obligation under it without PR GODS`s prior written consent. Any attempt by YOU to assign or transfer these TERMS, without such written consent, will be null and of no effect. PR GODS may assign or transfer these TERMS to any third party, at its sole discretion, without restriction. Subject to the foregoing, these TERMS will bind and inure to the benefit of the parties, their successors, personal representatives and permitted assigns.
If any provision of these TERMS is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby.
The failure of PR GODS to enforce or to exercise at any time or for any period any term of or any right pursuant to these Terms and Conditions shall not be construed as a waiver of any such right and shall in no way affect PR GODS’s right later to enforce or exercise it.
When You use or send any data, information or communication to PR GODS, You agree and understand that You are communicating with PR GODS through electronic records and You consent to receive communications via electronic records from PR GODS periodically and as and when required. PR GODS 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 PR GODS which will be deemed adequate service of notice / electronic record.
Any notices or other communications required will be in writing and emailed to PR GODS at firstname.lastname@example.org. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
In the event you have any complaints with respect to any Content on CINEKAR, please write to us at email@example.com. with details of the objectionable content and Your details including Your name and mobile number and such other details as may be requested by Us. Based on the complaint raised, we will take reasonable measures to resolve the issue. You hereby expressly agree that PR GODS shall under no circumstance shall be liable to You for any damages whatsoever. Further, You hereby expressly agree that PR GODS makes no representations under these Terms and Conditions that any complaint raised by You will be resolved to Your satisfaction. All steps to be taken by PR GODS in this regard shall be at the sole discretion of PR GODS.
If You have any claims with respect to the ownership of Content transmitted through CINEKAR, please follow the “Ownership Claims and Dispute Resolution Mechanism” at https://cinekar.com/privacy-policy/
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.
ENTIRE AGREEMENT AND AMENDMENT
These TERMS expressly supersedes and completely replaces any and all prior ‘Terms and Conditions’. PR GODS shall not be bound by or liable to YOU for any pre-existing or contemporaneous written or oral representations or warranties, made by anyone, with respect to CINEKAR, including any authorized agents, employees, or representatives.
PR GODS reserves the right, at its sole discretion, to modify the TERMS from time to time (“Updated Terms and Conditions”). The Updated Terms and Conditions shall be effective immediately and shall supersede these Terms and Conditions. PR GODS shall not be under an obligation to notify you of any changes to the Terms and Conditions. YOU shall be solely responsible for reviewing the Terms and Conditions from time to time for any modifications. By continuing to use CINEKAR after the Updated Terms and Conditions have been published, YOU affirm YOUR agreement to the Updated Terms and Conditions.