These Terms of Use brings out the rights and responsibilities
that govern our relationship with users and others who interact with
NyooTV.com, a product of the AKG group. By using or accessing
NyooTV.com, you agree to our terms of use. These terms will also allow
you to use those services made available through application
programming interfaces (APIs).
You must agree to abide by the Terms of Use before you start using NyooTV.com's
services by checking the box next to “I have read and agree to
the Terms of Service” thereby accepting these
terms.
In order for you to use any of the AKG ENTERTAINMENT PVT. LTD.
products you must first agree to abide by the Terms.
- Privacy Policy
We value your privacy and we have designed our Privacy
Policy to make important disclosures about how you can use
NyooTV.com, how you can share with others and how we collect and can
use your content and information. We encourage you to read the
Privacy Policy before you start using NyooTV.com.
- Sharing Your Content
and Information
You own all the information you post on NyooTV.com, and you
can control how it is shared through
your privacy and application settings.
Content that is covered by intellectual property rights: you
specifically agree to give us the following permission, subject to
your privacy and application settings: you grant us a
non-exclusive, transferable, sub-licensable, royalty-free, worldwide
license to use any IP content that you post on NyooTV.
When you delete IP content, it is deleted in a manner similar to
emptying the recycle bin on a computer. However, you understand that
removed content may persist in backup copies for a reasonable period
of time, but will not be available to others.
- Registration and
Account Security
In order to use NyooTV.com., you may be required to provide
information about yourself (such as identification or contact
details) as part of the registration process. You agree that any
registration information you give to AKG ENTERTAINMENT PVT. LTD. will
be accurate, correct, and current. You must agree to the following
conditions:
- You will not provide any false personal information on
NyooTV.com
- You will not use your personal profile for your own
commercial gain (such as selling your status update to an
advertiser).
- You will keep your contact information accurate and
up-to-date.
- You will not share your password, let anyone else access
your account, or do anything else that might jeopardize the security
of your account.
- You will not transfer your account to anyone without first
getting our written permission.
If you select a username for your account we reserve the right to
remove or reclaim it if we believe appropriate (such as when a
trademark owner complains about a username that does not closely
relate to a user's actual name).
- Prohibited Uses
You are specifically prohibited not to:
- Send or otherwise post unauthorized commercial
communications (such as spam) on NyooTV
- Collect users' content or information, or otherwise access
NyooTV, using automated means (such as harvesting bots, robots,
spiders, or scrapers) without our permission.
- Engage in unlawful multi-level marketing, such as a pyramid
scheme, or other illegal scheme through the NyooTV site on NyooTV.
- Upload viruses or other malicious code.
- Solicit login information or access an account belonging to
someone else.
- Bully, intimidate, or harass any user.
- Post content that is hateful, threatening, pornographic, or
that contains nudity or graphic or gratuitous violence or post any
content that is libelous, obscene, unlawful, threatening or
defamatory, or which infringes the intellectual property rights of
any person or entity, or which in any way constitutes or encourages
conduct that would constitute a criminal offense
- Send very large numbers of copies of the same or
substantially similar messages, empty messages, or messages which
contain no substantive content, or send very large messages or files
that disrupt a blog, newsgroup, chat, or similar feature of
NyooTV.com
- Develop or operate a third party application containing, or
advertise or otherwise market alcohol-related or other mature
content without appropriate age-based restrictions.
- You will not offer any contest, giveaway, or sweepstakes
("promotion") on NyooTV without our prior written consent.
If we consent, you take full responsibility for the promotion, and
will follow our Promotions Guidelines and all applicable
laws.
- You will not use NyooTV to do anything unlawful,
misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or
impair the proper working of NyooTV, such as a denial of service
attack.
- You will not facilitate or encourage any violations of this
Statement
- participate in the collection of very large numbers of
e-mail addresses, screen names, or other identifiers of others
(without their prior consent) from NYooTV.com, a practice sometimes
known as spidering or harvesting, or participate in the use of
software (including “spyware”) designed to facilitate this
activity;
- collect responses from unsolicited bulk messages posted on
NyooTV.
- impersonate any person or entity, engage in sender address
falsification, forge anyone else's digital or manual signature, or
perform any other similar fraudulent activity (for example,
“phishing”) on NyooTV.com
- You agree and
understand that any unauthorized or prohibited use on NYooTV will
automatically lead to suspension of your account without any further
notice.
Your Passwords and Unauthorized Use of Your Account
You agree and understand that you are responsible for maintaining the
confidentiality of the password(s) you use to access the NyooTV site.
Accordingly, you agree that you will be solely responsible to AKG
ENTERTAINMENT PVT. LTD. for all activities that occur under your AKG
ENTERTAINMENT PVT. LTD. accounts, and will be responsible for any
breach of these Terms caused by these activities. If you become aware
of any unauthorized use of your password or of your account, you
agree to notify AKG ENTERTAINMENT PVT. LTD. immediately.
Privacy and Your Personal Information
To understand how the NyooTV site uses information you provide,
please read the Privacy Policy. This policy explains how AKG
ENTERTAINMENT PVT. LTD. and its providers handle your personal
information when you register and use NyooTV site.
- Content on NyooTV.com
NyooTV site will allow you to access information, such as collections
of data, video, audio, or other multimedia, photographs and other
static images (the “Content”). This Content is owned by AKG
ENTERTAINMENT PVT. LTD., or by other content partners that give AKG
ENTERTAINMENT PVT. LTD. the right to distribute their Content (like
movie publishers), or users of the AKG ENTERTAINMENT PVT. LTD. Web
Services (like you). AKG ENTERTAINMENT PVT. LTD. grants you a limited
license to view the Content and to use the AKG ENTERTAINMENT PVT.
LTD. Web Services for personal, non-commercial purposes as set forth
in these Terms or in a manner that does not require a license.
In addition, our Content providers want to remind you that you must
not remove, alter, interfere with, or circumvent any copyright or
other proprietary notices marked on the Content or any digital rights
management mechanism, device, or other content protection or access
control measure associated with the Content. The copying,
downloading, stream capturing, reproduction, duplication, archiving,
distribution, uploading, publication, modification, translation,
broadcast, performance, display, sale, or transmission of the Content
is strictly prohibited unless it is expressly permitted by AKG
ENTERTAINMENT PVT. LTD. in writing.
You understand that by using the AKG ENTERTAINMENT PVT. LTD. Web
Services you may be exposed to Content that you may find offensive,
indecent or objectionable. In this respect, you use the AKG
ENTERTAINMENT PVT. LTD. Web Services at your own risk.
- Feedback
NyooTV welcomes your feedback about the NyooTV's Services. Any
communications you send to NyooTV are deemed to be submitted on a
non-confidential basis and become the sole property of NyooTV. NyooTV
may, in its sole discretion, reproduce, use, publish, modify,
disclose, distribute, or otherwise use these communications in any
way and for any purpose.
- Proprietary Rights
Unless you have agreed otherwise in writing with AKG ENTERTAINMENT
PVT. LTD., nothing in the Terms gives you a right to use any of AKG
ENTERTAINMENT PVT. LTD.'s trade names, trade marks, service marks,
logos, domain names, and other distinctive brand features except as
permitted by law. If you have been given an explicit right to use any
of these brand features in a separate written agreement with AKG
ENTERTAINMENT PVT. LTD., then you agree that your use of these
features shall be in compliance with that agreement.
- Linking to the AKG
ENTERTAINMENT PVT. LTD. Sites
AKG ENTERTAINMENT PVT. LTD. welcomes links to the homepages of any of
the AKG ENTERTAINMENT PVT. LTD. Sites. You are free to establish a
hypertext link to these homepages so long as the link does not state
or imply any affiliation, connection, sponsorship, or approval of
your site by AKG ENTERTAINMENT PVT. LTD.. AKG ENTERTAINMENT PVT. LTD.
does not permit framing or inline linking to the AKG ENTERTAINMENT
PVT. LTD. Sites or any portions of them.
- License from AKG
ENTERTAINMENT PVT. LTD.
AKG ENTERTAINMENT PVT. LTD. gives you a worldwide, non-assignable and
non-exclusive license to use the AKG ENTERTAINMENT PVT. LTD. Web
Services for your personal, non-commercial use on the terms and
conditions described in these Terms. This license is for the sole
purpose of enabling you to use and enjoy the benefit of the AKG
ENTERTAINMENT PVT. LTD. Web Services as provided by AKG ENTERTAINMENT
PVT. LTD., in the manner permitted by the Terms.
- Exclusion of
Warranties
You agree that your use of the AKG ENTERTAINMENT PVT. LTD. Web
Services is at your sole risk. Because of the number of possible
sources of information available through the ENTERTAINMENT PRIVATE
LTD. WEB SERVICES, and the inherent hazards and uncertainties of
electronic distribution, there may be interruptions, delays,
omissions, inaccuracies or other problems with this information. If
you rely on the AKG ENTERTAINMENT PRIVATE LTD. Web Services or any
material available through them, you do so at your own risk. You
understand that you are solely responsible for any damage to your
computer system or loss of data that results from any material and/or
data downloaded from or otherwise provided through the AKG
ENTERTAINMENT PRIVATE LTD Web Services. The AKG ENTERTAINMENT PRIVATE
LTD Web Services are provided to you “As Is,” “With All
Faults,” and “As Available”. AKG ENTERTAINMENT PRIVATE LTD and
its agents and licensors cannot and do not warrant the accuracy,
completeness, usefulness, timeliness, non-infringement,
merchantability or fitness for a particular purpose of the
information available through the AKG ENTERTAINMENT PRIVATE LTD Web
Services nor do they guarantee that the AKG ENTERTAINMENT PRIVATE
LTD. will be error free of viruses or other harmful components.
- Limitation of
Liability
Under no circumstances shall AKG ENTERTAINMENT PVT. LTD (including
its parents, AKG Technologies Inc., Subsidiaries and Affiliates) or
its agents or licensors be liable to you or anyone else for any
damages arising out of any use or misuse of the AKG ENTERTAINMENT
PVT. LTD Web Services, including, without limitation, liability, for
consequential, special, incidental, indirect or similar damages,
regardless of the form or cause of action including, but not limited
to, contract, negligence, and other tort actions. Because some states
do not allow the exclusion or limitation of certain categories of
damages, the above limitation may not apply to you. In these states,
the liability of AKG ENTERTAINMENT PVT. LTD. and its agents and
licensors is limited to the fullest extent permitted by applicable
state law. You agree that the liability of AKG ENTERTAINMENT PVT. LTD
(including its parents, subsidiaries and affiliates) and its agents
and licensors, if any arising out of any kind of legal claim in any
way connected to the AKG ENTERTAINMENT PVT. LTD. Web Services shall
not exceed the amount you paid to AKG ENTERTAINMENT PVT. LTD for the
use of the AKG ENTERTAINMENT PVT. LTD Web Services.
- Indemnification
You agree to indemnify, and hold harmless AKG ENTERTAINMENT PVT. LTD.
(including its parents, subsidiaries, and affiliates and all of their
respective officers, directors, employees, agents, licensors,
suppliers and any third-party information providers) against all
claims, losses, expenses, damages and costs (including reasonable
attorney fees) resulting from any breach of the Terms or unauthorized
use of the AKG ENTERTAINMENT PVT. LTD. Web Services. AKG
ENTERTAINMENT PVT. LTD. reserves the right, at its election to assume
the exclusive defense and control of any matter subject to
indemnification by you and you agree to cooperate with AKG
ENTERTAINMENT PVT. LTD. in connection with our defense.
- Copyright Infringement
AKG ENTERTAINMENT PVT. LTD. is committed to complying with Indian
copyright laws, and requires all users of the AKG ENTERTAINMENT PVT.
LTD. Web Services to comply with these laws. Accordingly, you may not
use the AKG ENTERTAINMENT PVT. LTD. Web Services to store any
material or content, or disseminate any material or content, in any
manner that constitutes an infringement of third party intellectual
property rights, including rights granted by Indian copyright
law.
- If you are the owner of any copyrighted work and believe
your rights under Indian copyright law have been infringed by any
material on the AKG ENTERTAINMENT PVT. LTD. Web Services, you may
take advantage of certain provisions of the Digital Millennium
Copyright Act (the “DMCA”) by sending AKG ENTERTAINMENT PVT.
LTD.'s authorized agent a notification of claimed infringement that
satisfies the requirements of the DMCA. Upon AKG ENTERTAINMENT PVT.
LTD.'s receipt of a satisfactory notice of claimed infringement, AKG
ENTERTAINMENT PVT. LTD. will respond expeditiously either directly or
indirectly (i) to remove the allegedly infringing work(s) accessible
through the AKG ENTERTAINMENT PVT. LTD. Web Services or (ii) to
disable access to the work(s). It is AKG ENTERTAINMENT PVT. LTD.'s
policy in accordance with the DMCA and other applicable laws to
reserve the right to terminate access to the AKG ENTERTAINMENT PVT.
LTD. Web Services (or any part of those services) for any user who is
either found to infringe third party copyright or other intellectual
property rights, including repeat infringers, or who AKG
ENTERTAINMENT PVT. LTD., in its sole discretion, believes is
infringing these rights. AKG ENTERTAINMENT PVT. LTD. may terminate
access to the AKG ENTERTAINMENT PVT. LTD. Web Services at any time
with or without notice for any affected customer or user. If the
affected user believes in good faith that the allegedly infringing
works have been removed or blocked by mistake or misidentification,
then that person may send a counter notification to AKG ENTERTAINMENT
PVT. LTD.. Upon AKG ENTERTAINMENT PVT. LTD.'s receipt of a counter
notification that satisfies the requirements of DMCA, AKG
ENTERTAINMENT PVT. LTD. will provide a copy of the counter
notification to the person who sent the original notification of
claimed infringement and will follow the DMCA's procedures with
respect to a received counter notification. In all events, you
expressly agree that AKG ENTERTAINMENT PVT. LTD. will not be a party
to any disputes or lawsuits regarding alleged copyright infringement.
- Any notification of claimed infringement must be in a form
that satisfies the requirements of Section 512(c) (3) of the U.S.
Copyright Act. Under the DMCA, anyone who knowingly makes
misrepresentations regarding alleged copyright infringement may be
liable to AKG ENTERTAINMENT PVT. LTD., the alleged infringer, and the
affected copyright owner for any damages incurred in connection with
the removal, blocking, or replacement of allegedly infringing
material.
If a notification of claimed infringement has been filed
against you, you can file a counter notification with AKG
ENTERTAINMENT PVT. LTD.'s designated agent using the contact
information shown above. All counter notifications must satisfy the
requirements of Section 512(g)(3) of the Indian Copyright Act.
- Other Sites
The AKG ENTERTAINMENT PVT. LTD. Web Services contains links to other
sites. Some of these other sites may be co-branded with AKG
ENTERTAINMENT PVT. LTD. branding and may look like features of the
NyooTV, but these Websites and resources are provided by companies or
persons other than AKG ENTERTAINMENT PVT. LTD.. AKG ENTERTAINMENT
PVT. LTD. does not control the terms of service or the privacy
policies of these sites, and their terms and policies will govern
your use of those sites and their use of any information you provide
to them through those sites. AKG ENTERTAINMENT PVT. LTD. is not
responsible for the availability of any of these external sites or
resources, and does not endorse any advertising, products or other
materials on or available from these Websites or resources. AKG
ENTERTAINMENT PVT. LTD. is not liable for any loss or damage which
may be incurred by you as a result of the availability of those
external sites or resources, or as a result of any reliance placed by
you on the completeness, accuracy or existence of any advertising,
products or other materials on, or available from, these Websites or
resources.
- Changes to the Terms
AKG ENTERTAINMENT PVT. LTD. reserves the right to change these Terms
from time to time consistent with applicable contract laws and
principles. When these changes are made, AKG ENTERTAINMENT PVT. LTD.
will make a copy of the updated Terms available at this web page and
will also make any updated Terms available to you by e-mail, direct
mail, or other reasonable means as selected by AKG ENTERTAINMENT PVT.
LTD.
AKG ENTERTAINMENT PVT. LTD. will make the updated Terms available to
you before they take effect.
- TM
AKG ENTERTAINMENT PVT. LTD. (TM), the AKG ENTERTAINMENT PVT. LTD.
design logo and the NyooTV design logo are all service marks of AKG
ENTERTAINMENT PVT. LTD. Corporation or its subsidiaries. All other
service marks appearing on the AKG ENTERTAINMENT PVT. LTD. Web
Services are the properties of their respective owners.
- General Legal Terms
The Terms constitute the whole legal agreement between you and AKG
ENTERTAINMENT PVT. LTD. and govern your use of the services and
completely replace any prior agreements between you and AKG
ENTERTAINMENT PVT. LTD. in relation to the AKG ENTERTAINMENT PVT.
LTD. Web Services You agree that if AKG ENTERTAINMENT PVT. LTD. does
not exercise or enforce any legal right or remedy which is contained
in the Terms (or which AKG ENTERTAINMENT PVT. LTD. has the benefit of
under any applicable law), this will not be taken to be a formal
waiver of AKG ENTERTAINMENT PVT. LTD.'s rights and that those rights
or remedies will still be available to AKG ENTERTAINMENT PVT. LTD.
If any court of law, having the jurisdiction to decide on this
matter, rules that any provision of these Terms is invalid, then that
provision will be removed from the Terms without affecting the rest
of the Terms. The remaining provisions of the Terms will continue to
be valid and enforceable.
You acknowledge and agree that each member of the group of companies
of which AKG ENTERTAINMENT PVT. LTD. Corporation is the parent shall
be third party beneficiaries to the Terms and that these other
companies shall be entitled to directly enforce, and rely upon, any
provision of the Terms which confers a benefit on (or rights in favor
of) them. Other than this, no other person or entity shall be third
party beneficiaries to the Terms.
The Terms, and your relationship with AKG ENTERTAINMENT PVT. LTD.
under the Terms, shall be governed by the Indian laws, without regard
to its conflict of laws provisions. By using the AKG ENTERTAINMENT
PVT. LTD. Web Services, you consent to the exclusive jurisdiction of
Bhopal, in all disputes arising out of or relating to the Terms or
AKG ENTERTAINMENT PVT. LTD. Web Services.
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