Effective date 1st April, 2015
2. Registration and Termination
To use a Service you may need to register and create an account with a username and a password. You may need to provide us with certain personal and other information. KALINGATV may verify your email address before your account can be used.
You agree to provide truthful and complete information when you register for the Service and to keep that information updated. You must take due care to protect your username and password against misuse by others and promptly notify KALINGATV about any misuse. You are personally responsible for any use of the Service.
You may terminate your registration if you no longer wish to use the Service. After termination, you will no longer have access to the Service. KALINGATV may terminate your registration or restrict your access to certain parts of the Service if KALINGATV reasonably believes that you have breached the Terms.
KALINGATV grants you a non-exclusive, non-transferable license, revocable at any time at KALINGATV’s sole discretion, to access and use the Service strictly in accordance with the Terms. Use of the Service does not grant you any intellectual property rights in or to any information or content in the Service.
As part of the Service, KALINGATV may provide you with content developed by KALINGATV or its licensors (“Content”). KALINGATV grants you a non-exclusive and perpetual license to use Content for the purpose it is intended, unless otherwise defined in the applicable Terms or the purchase order. You are bound by any restrictions applicable to specific Content you obtain through the Service. Any license acquired to third-party Content is a binding agreement between you and the third-party Content provider. You have only the rights to the Content which are expressly granted here.
As part of the Service, KALINGATV may provide you with certain software developed by KALINGATV or, its licensors (“Software”). Your use of Software may be subject to separate terms and conditions that you must accept before using the Software. If there are no separate terms and conditions applicable to such Software, the following terms apply: KALINGATV grants to you a limited, non-exclusive, non-transferable right to install and use the Software on your computer and/or mobile device. You may not copy the Software, except to make a single archival backup copy. You may not distribute, transfer the right to use, modify, translate, reproduce, resell, sublicense, rent, lease, reverse engineer, or otherwise attempt to discover the source code of or make derivative works of the Software. For open source licensed software, applicable open source license terms apply.
You may be able to submit information or content (“Material”) to the Service. KALINGATV does not claim ownership in your Material. Your submission of Material does not transfer ownership of rights of the Material to KALINGATV. KALINGATV is only transmitting the Material and is not responsible for editorial control over it. By submitting Material to the Service you grant KALINGATV a world-wide, non-exclusive, sub-licensable, assignable, fully paid-up, royalty-free, perpetual and irrevocable license to use, copy, publicly perform, display, distribute in any media and modify the Material to incorporate the Material into other works, and to grant similar sublicenses to the extent necessary for KALINGATV to provide the Service. You may be able to adjust this grant in the privacy and other settings of the Service.
You are solely responsible for taking backup copies of the data you store on the Service, including Content you upload. If the Service is discontinued or canceled, KALINGATV may permanently delete your data. KALINGATV has no obligation to return data to you after the Service is discontinued or canceled.
4. Using the Service
You agree to:
· Comply with applicable laws, the Terms and good manners;
· Use the Service only for your personal, non-commercial purposes;
· Not submit unlawful, offensive, inaccurate, misleading, abusive, pornographic, harassing, libelous, blasphemous, defamatory, obscene, pedophilic, invasive of another’s privacy, hateful, racially or ethically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise inappropriate material.
· Not to upload or share any information that impersonates another person, threatens the unity, integrity, defence, security or sovereignty of India.
· Obtain any consents, permission or licenses that may be legally required for you to submit any Material;
· Respect the privacy of others;
· Not distribute or post spam, unreasonably large files, chain letters, pyramid schemes, viruses; or
· Not use any other technologies or initiate other activities that may harm the Service, or the interest or property of the Service users.
· Not to use any automated systems or means to access, acquire, copy or monitor any part of the service.
· Be responsible for the consequences related to the Material that you post.
· To report any abuse of the above terms feedback@Kalingatv.com .
KALINGATV may but has no obligation to:
· Monitor or moderate any Content or Material;
· Remove any Material from the Service; and
· Restrict access to any part of the Service at any time in its sole discretion.
Before downloading or accessing any Content, please check whether the Content which you wish to access is restricted by age or marked as potentially ‘offensive’ or ‘explicit’. KALINGATV shall not be responsible for any claims or offense caused or suffered by you accessing such Content. You agree:
· To use the Content only for your personal, non-commercial purposes;
· To use the Content in accordance with the restrictions set out in the applicable laws, additional terms, guidelines and policies or on the product pages that apply to that particular piece of the Content;
· Not to make copies, give, sell, resell, loan, rent, offer, broadcast, send, distribute, transfer, communicate to the public, reproduce, modify, display, perform, commercially exploit or make the Content available unless otherwise authorized in the applicable Terms and to advise KALINGATV promptly of any such unauthorized use;
· Not to remove, circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any applicable usage rules or attempt to circumvent digital rights management or copy protection features associated with the Content or any other technologies used to control the access to or use of the Content or its identifying information;
· Not to use any automated systems or means, except for those provided by us, for the selection or downloading of the Content;
· Not to give out your password or otherwise allow other people to access the Content. The restrictions on copying that apply to applicable media also apply to the Content accessed as part of this Service.
The Content is owned and/or controlled by KALINGATV and/or its respective licensors and is protected by intellectual property laws. The third party Content provider is solely responsible for any Content it provides, any warranties to the extent that such warranties have not been disclaimed and for any claims you may have relating to that Content or your use of that Content. However, KALINGATV reserves the right to enforce the third party Content license terms against you as a third party beneficiary of those terms. The third party Content providers are third-party beneficiaries under these Terms and may enforce the provisions that directly concern the Content in which they have rights. KALINGATV may be acting as an agent for third party Content provider in providing the Content to you. KALINGATV is not a party to the transaction between you and the third party Content provider for such Content.
KALINGATV may post notices within the Service. KALINGATV may also send you notices about products and Services to the email address or telephone number you have provided to us. You are deemed to have received such notices at the latest within seven (7) days from KALINGATV sending or posting those. Your continued use of the Services constitutes your receipt of all notices regardless of delivery method.
Your use of the Service may be or may become subject to charges.
Use of the Service may involve transmission of data through your service provider’s network. Prices listed within the Service do not include possible data transmission, text message, voice or other service provision charges by your network service provider.
KALINGATV assumes no responsibility for the payment of any charges of your service providers.
8. Order and Payment Terms
“Order” shall mean the selection of payable Content and/or subscription to Content offered by KALINGATV and available in the Service and submission of payment method, as well as submitting the order by selecting the “buy”, “ok”, “I accept” or other similar confirmation of acceptance in the order flow or providing other indication of acceptance terms that are presented to you in the order flow.
You agree that all Orders shall be legally valid and binding. All Orders are subject to acceptance by KALINGATV.
You may pay by credit or debit card, network service provider billing, or other payment methods if available.
Your credit or debit card must have a billing address in the country where the Content is offered by the Service. KALINGATV will charge your credit card or debit your bank account within a reasonable time after you have made your Order. All credit card payments are subject to validation checks and authorization by the card issuer.
If you choose network service provider billing, charges will appear on your mobile phone bill or be deducted from your prepaid account if it is a prepaid account. Some network service providers may subject your usage of the Service to additional terms and conditions including placing limits on the amount of charges possible with network service provider billing. Charges in excess of network service provider limits or account balance may be rejected.
You agree to pay the charges related to your Order, to ensure that the instrument of payment is valid at the time of the Order, that you are the rightful holder of the instrument and that the instrument is used within its credit limits.
The Content that is delivered is licensed to you. You agree to use such Content solely as permitted in these Terms and in any additional terms that you may be presented in the order flow.
The Service may offer subscriptions. You authorize the Service to place a periodical charge during the period of the subscription. The Service may also offer a trial period. If your Order involves a trial period (also known as try-and-buy), you may be charged when the trial period expires, unless you cancel in accordance with the subscription/trial terms.
The prices in the Service may change from time to time. Prices include applicable taxes in effect at the time of your transaction, unless otherwise stated. There may be instances where you incur additional charges from your bank or credit card provider based on currency conversion rates used and/or additional fees assessed. KALINGATV SERVICE TERMS
The Company Web-sites (“Site”) are maintained by:
1009 IRC Village, Nayapalli, Bhubaneswar 751006, Odisha. Ph.: +91 674 6633011.
We can be reached by e-mail at feedback@Kalingatv.com
Any personal information identifying any visitor to the KALINGATV Sites or Subscriber (“Personal Information”) if required, is asked for explicitly in the relevant page on the KALINGATV Sites. Personal Information is used to operate the KALINGATV Sites, and we may occasionally inform you of new features, services, and products from the Company.
We may place a text file called a “cookie” in the browser files of your computer. The cookie itself does not contain Personal Information although it will enable the KALINGATV Sites to relate your use of the KALINGATV Sites to information that you have specifically and knowingly provided to the KALINGATV Sites.
If at any time you believe the KALINGATV Sites have not adhered to these principles, please notify us by e-mail to feedback@KalingaTV.com and we will use all commercially reasonable efforts to promptly determine and correct the problem.
If you have questions about this policy, please e-mail us at feedback@KalingaTV.com.
9. Feedback to KALINGATV
By submitting any ideas, feedback and/or proposals (“Feedback”) to KALINGATV through the Service or other means, you acknowledge and agree that: (1) KALINGATV may have similar development ideas to the Feedback; (2) your Feedback does not contain confidential or proprietary information of you or any third party; (3) KALINGATV is not under any obligation of confidentiality with respect to the Feedback; (4) KALINGATV may freely use, distribute, exploit and further develop and modify Feedback for any purpose; and (5) you are not entitled to any compensation of any kind from KALINGATV.
10. Social Activities and Location Sharing
You may use features in the Service to share your location, status, content, Materials or personal information or to interact with other users, sites and services. By using these features you agree that KALINGATV may use and provide that information to other services and persons with whom you choose to interact or share this information. Users of these services and persons, such as your contacts, may see your location, status and/or personal information. In using these features you agree not to share information, Content or Material, or to link to any service or site containing information, Content or Material, that: (a) contains content or other material that is illegal or inappropriate; (b) exploits intellectual property rights without authorization or encourages users to piracy; or (c) contains sensitive personal data of others. Any interaction does not involve KALINGATV and is solely between you and the other user(s).
11. Availability and Technical Requirements
The availability of Content and the Service may vary and is subject to KALINGATV’s sole discretion. KALINGATV expressly disclaims any representation or warranty that any particular Content or Service will be available. The Service, operations and some features may also be dependent on the network, compatibility of the devices used and the content formats supported.
To access the Service, you may need to download a specific piece of software developed by KALINGATV or by another party.
KALINGATV may, in its sole discretion, change, correct or discontinue the Service in whole or in part. KALINGATV may disable any Content or Software contained in your Service account for any reason and remove any Content or Software and/or disable copies of any application on your device in order to protect the Service, application providers, wireless carriers over whose network you access the service or any other affected or potentially affected parties.
12. Links to Third Party Sites and Content
KALINGATV may include access to sites and services on the Internet or preloaded clients that enable you to interact with sites and services that are owned or operated by third parties and that are not part of the Service. You must review and agree to the terms and conditions of these sites or services before using these sites or services.
KALINGATV has no control over the third party content, sites or services and assumes no responsibility for services provided or material created or published on these third-party sites or services. A link to a third-party site does not imply that KALINGATV endorses the site or the products or services referenced in the site.
In addition, you and other users may create content and links to content within the Service that has not otherwise been submitted to the Service. KALINGATV is not responsible for this type of content or links.
Service may include advertisements. Advertisements may be targeted to the content or information stored on the Service, queries made through the Service, or other information.
15. Limitation of Liability
The Service is provided on “AS IS” and “AS AVAILABLE” basis. KALINGATV does not warrant that the Service will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of the Service. You expressly agree and acknowledge that the use of the Service is at your sole risk and that you may be exposed to content from various sources.
KALINGATV is not liable for any direct damages caused by your use or inability to use the Service. In no case will KALINGATV be liable for any indirect, incidental, punitive or consequential damages resulting from your use or inability to use the Service.
You agree to defend and indemnify KALINGATV from and against all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of (i) your breach of the Terms, (ii) your infringement or violation of any intellectual property rights, other rights or privacy of a third party, or (iii) misuse of the Service by a third party where the misuse was made possible by your failure to take reasonable measures to protect your username and password against misuse.
17.1 Choice of Law
The Terms are governed by the laws of India. The Courts at Bhubaneswar, Odisha shall have exclusive jurisdiction over any dispute arising out of your use of the Service.
17.2 Changes in Terms
KALINGATV may modify the Terms at any time without prior notice. If the Terms are changed in a material, adverse way, KALINGATV will provide a separate notice advising of the change.
You are responsible for regularly reviewing the Terms. Your continued use of the Service constitutes your consent to any changes and modification.
18. Intellectual Property
The Service, Content and Software are protected under the copyright laws. KALINGATV claims copyrights in its Service, Content, and Software to the maximum extent of the law. Subject to the Terms, KALINGATV retains all rights, titles and interests in the Service, its Content, the Software and in all other KALINGATV products, software and other properties provided to you or used by you through the Service.
KALINGATV may assign its rights and obligations under these Terms to its subsidiaries, or to any company under common control with KALINGATV. Additionally, KALINGATV may assign its rights and obligations under these Terms to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.