NyooTV : Terms Of Use

Please read these terms of use carefully before using the Website. This agreement is made between AKG Media Private Limited (“We/Us”) and you as a site visitor and /or member ("You"). In these terms Website means the website www.Nyootv.com, the services and the content provided on and by the Website. This agreement sets forth the legally binding terms of your use of our Website and its services/content located at the URL www.Nyootv.com (also referred to as “Services”). By using or accessing the Website, or availing the Services you agree to our terms of use. These terms will also allow you to use those services that are made available through any software application using the Website or the Services.

Contents, any software, products, and Services offered or contained through the Website are provided on an "as is" basis and on an "as available" basis. We make no representations or warranties of any kind with respect to its contents, software or such products and services, and disclaims all such representation and warranties, including, without limitation, warranties of merchantability and fitness for a particular purpose, non-infringement of third party rights, error-free or uninterrupted service, accuracy, availability, reliability, security, currency and completeness arising from or relating to its content, software, tools, tips, product or services.

By using and/or visiting the Website (collectively, including all content available through the Nyootv.com domain name, and the Website, you signify your assent to both these terms and conditions ("Terms of Use") and the terms and conditions of Website's Privacy Policy, which are published, and which are incorporated in this Website for reference. In addition, when using particular services provided by us such as viewing any clips, or participating in any contests, or you may be subject to any additional guidelines or rules applicable to such services. Kindly print these terms of use or save a copy of these Terms of Service for your records. If you do not agree to any of these terms, then please do not use the Website. You are only authorized to use the Website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Use and the Privacy Policy. We reserve the right at any time to: change these terms of this Agreement; change the Services, including eliminating or modifying any content on or feature of the Website; or change/charge any fees or charges for use of the Services. Any changes we make will be effective immediately on notice, which we may give either by posting the new Agreement on the Website or via electronic mail. Your use of the Services after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure your familiarity with the most current version. You will always be able to understand when the version was last updated by checking the "Last Revised" date in the bottom of this Agreement.

Please note that these Terms of Use apply to all users of the Website

• Third-Party Sites, Products and Services, Links

The Website includes links or references to other third party websites or services. No inference or assumption should be made that we operate, control, or we are otherwise in any manner connected with such third party websites. When you click on a link within the Wesbite, we will not warn you that you have left the Website and you are subject to the terms and conditions (including privacy policies) of the destination website. In some cases it may be less obvious than others that you have left the Website and reached another website. Please be careful and read the terms of use and privacy policy of any website before you provide any confidential information or engage in any transactions. You should not rely on these Terms and Conditions for another website. We has no control over, and we assume no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you assume all responsibility for and assume all risk arising from your use of any such third party websites, and you expressly relieve us from any and all liability arising from your use of such websites.

• Privacy Policy

See Website’s Privacy Policy for information and notices concerning Website’s collection and use of your personal information.

• Permitted Use
  We hereby grant you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website or the Services as permitted is solely for your personal, non-commercial, legal, ethical and non-vindictive, non-discriminatory and non-racial use; (ii) you will not copy or distribute any part of the Website or the Services in any medium without prior written authorization from us; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose, subject to restrictions by us at any time either prior to or after the use, without assigning any reasons whatsoever; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service. In case you wish to make any other use of the Website or the content therein you need to take prior written permission by e-mail to [insert e-mail address]

• Prohibited Uses
  Besides other activities and use of the Website, Services and the content following uses are expressly prohibited, the list below is not exhaustive and is only indicative:

• Any commercial use of the Website, Services and the content therein without prior written permission.
• Send or otherwise post unauthorized commercial communications (such as spam) on or through the Website.
• Collect users' content or information, or otherwise access the Website, 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 Website.
• Upload viruses or other malicious code.
• Solicit login information or access an account belonging to someone else.
• Bully, intimidate, or harass any other user in any manner whatsoever.
• 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 the Website.
• 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 the Website without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our guidelines and all applicable laws.
• You will not use the Website to do anything unlawful, misleading, malicious, or discriminatory.
• You will not do anything that could disable, overburden, or impair the proper working of the Website, such as a denial of service attack.
• You will not facilitate or encourage any violations of these Terms of Use
• You will not participate in the collection of very large numbers of e-mail addresses, screen names, or other identifiers of others (without their prior consent) from the Website, a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;
• You will not collect responses from unsolicited bulk messages posted on the Website.
• You will not 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 the Website.
  
  


• Creation of Account


In order to access some features of the Website, you will have to create an account (Registered User Account). You may never use another's account without permission. When creating your account, you must provide accurate and complete information. The data you provide is deemed to be considered as true and correct. You are solely responsible for the activity that occurs on your account, and you are solely responsible for keeping your account's password secure. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses and claims of the Website or others due to such unauthorized use.






You agree not to use or launch any automated system, including without limitation, "robots", "spiders", "offline readers" etc., that accesses the Website in a manner that sends automated requests to our servers in a given period of time than a human can reasonably produce in the same period by using a convention web browsing application or tool(s) for similar purposes. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to its user's Submissions.

• Intellectual Property Rights
  The content on Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to us, subject to copyright and other intellectual property rights under the laws of India and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of the User Content of third-parties obtained through the Website for any commercial purposes or as provided herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of our site or the Content therein.
  
  Any feedback, comments, requests for technical support, and other communications should be directed to us at www.nyootv.com customer service through [insert e-mail address]
  
  We permit you to link to materials on the Website for personal, non-commercial purposes only. In addition, the Website also provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial website(s) for use in accessing the materials on the Website, provided that you include a prominent link back to our website on the pages containing the "Embeddable Player". We reserve the right to discontinue any aspect of our Website at any time.
  
  Unless you have agreed otherwise in writing with, nothing in the Terms gives you a right to use any of our trade names, trade marks, service marks, logos, domain names, and other distinctive brand features except as permitted by law.
  
  We are committed to complying with Indian copyright laws, and require all users to comply with these laws. Accordingly, you may not use the Website 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.
  


• User Content
  Users may post, upload, publish, submit or transmit text, graphics, images, information or other materials to be made available through the Website and its related services (“User Content”). By making available any User Content through the Website and its related services, you hereby grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content. We do not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. You also hereby grant each user of the Website a non-exclusive license to access User Content through the Website or any Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Website or the Service and under these Terms of Service. You understand and agree, however, that NyooTV.com may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
  
  You acknowledge and agree that you are solely responsible for all User Content that you make available through the Website and its related services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Website or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or our use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
  
  You acknowledge that we have no obligation to monitor your access to or use of the Website or to review or edit any User Content, but has the right to do so for the purpose of operating the Website, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any content, including, any User Content, that in our, in its sole discretion, is considered to be in violation of these Terms or otherwise harmful to the Website or its related services. We may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms.
  
  You agree to following terms which may be in addition to the terms mentioned above
  


• A. You agree not to use the Website or any Services thereon for any of the following commercial uses unless you obtain NyooTV's prior written approval:
   • the sale of access to the Website;
   • the sale of advertising, sponsorships, or promotions placed on or within the Website or any content that you upload; or
   • the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing content delivered via the Website or any service on the Website, unless other material not obtained from the Website appears on the same page and is of sufficient value to be the basis for such sales.


• B. Prohibited commercial uses do not include:
   • uploading an original video to Website, or maintaining an original channel on NyooTV.com, to promote your business or artistic enterprise;
   • showing the Website videos through the Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictions
   • any use that NyooTV.com expressly authorizes in writing.


• C. If you use the Website Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the embeddable player, including but not limited to links back to the NyooTV.com website.


• D. If you use the NyooTV.com services to upload content, you agree that it may automatically download and install updates from time to time from NyooTV.com. These updates are designed to improve, enhance and further develop the uploading functionality and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit NyooTV.com to deliver these to you) as part of your use of the Website to upload content.


• E. As a NyooTV.com account holder you may submit Content to the Website, including videos and user comments. You understand that NyooTV.com does not guarantee any confidentiality with respect to any content you submit.


• F. You shall be solely responsible for your own content and the consequences of submitting and publishing your content on the Website. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you submit; and you license to NyooTV.com all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on the Website or through any Services pursuant to these Terms of Service.


• G. You further agree that the User Content you submit to the Website will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant to Nyootv.com all of the license rights granted herein.


• H. You further agree that you will not submit to the Website any User Content or other material that is contrary to the these terms, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.


• I. NyooTV.com does not endorse any User Content submitted to the Website by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and NyooTV.com expressly disclaims any and all liability in connection with Content. NyooTV.com does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and NyooTV.com will remove all Content if properly notified that such Content infringes on another's intellectual property rights. NyooTV.com reserves the right to remove Content without prior notice.


• WARRANTY DISCLAIMER
  You agree that your use of our Website shall be at your sole risk. To the fullest extent permitted by law, our officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof. We make no warranties or representations about the accuracy or completeness of this Website, Services, Content, User Content or the content of any sites linked to this Website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Website by any third-party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via our Website. We do not warrant, endorse, guarantee, or assume responsibility for any content, display, product or service advertised or offered by a third-party through our Website or any hyperlinked website or featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of content, display, products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.
  
  
• Limitation of Liability
  In no event shall we or our officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via our Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company/owner of our Website is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
  
  You specifically acknowledge that we shall not be liable for user submissions, content or the defamatory, offensive, or illegal conduct of any third-party and that the risk of harm or damage from the foregoing rests entirely with you.
  
  The Website is controlled and offered by us from its facilities in India. We make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
  
  TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE REMAINS WITH YOU. IN NO EVENT SHALL WE OR OUR AFFILIATES, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE SITE) OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY (INCLUDING NEGLIGENCE), EVEN IF THE WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  
  
• Indemnity
  You agree to defend, indemnify and hold harmless www.Nyootv.com, its parent company, subsidiary company, associate, affiliates, partners, corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to us (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of our Website.
  
  
• Ability to accept these Terms
  You affirm that you are 18 years of age and above and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are above 18 years, as our website is not intended for individuals under 18. If you are below 18 years of age, then please do not use our Website.
  
  
• Assignment
  These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

• General Terms
  You agree that: (i) www.nyootv.com shall be deemed solely based in India; and (ii) www.nyootv.com shall be deemed a passive website that does not give rise to personal jurisdiction over www.nyootv.com, either specific or general, in jurisdictions other than Mumbai, India. These Terms of Service shall be governed by the internal substantive laws of India, without respect to its conflict of laws and principles. Any claim or dispute between you and us that arises in whole or in part from the Website shall be decided under the laws on India and the Courts located in Mumbai, India will have exclusive jurisdiction over any matter. These Terms of Service, together with the Privacy Policy at and any other legal notices published by us on the Website, shall constitute the entire agreement between you and us concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. We reserve the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. otherwise, such cause of action is permanently barred.
  
  
• Copyright Infringement Notification
  In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification of the same to [support@akgtechnologies.net] with the following information in writing:
  
  
• • A physical or digital signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith in belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  


• In case of a conflict in Terms, the decision of AKG Media Private Limited shall be final and concluding, and you irrevocably withdraw your right to make any claim or demur on this ground.