Welcome, and thank you for your interest in Box Office India (“BOI”), which operates the website located at www.boxofficeindia.co.in and related mobile applications and services (the “Website”). The following Terms of Service are a legal contract between you (“Agreement”), an individual subscriber, customer, member, or user (“you”), and BOI regarding your use of the Website. Visitors and users of the Website are referred to individually as “User” and collectively as “Users”. The words “you” or “your” shall also mean and include heirs, executors, administrators, successors and legal representatives.
1. Eligibility and Accounts: The Website is not available to (a) any Users previously suspended or removed from the Website (b) any persons under the age of 18. By clicking the “I Agree” button or by otherwise using or registering for the Website, you represent (a) that you have not been previously suspended or removed from the Website or BOI, (b) that you are at least 18 years of age; and (c) that your registration and your use of the Website is in compliance with any and all applicable laws, rules and regulations.
We have no obligation to monitor the Website or any materials that you transmit to the Website (including, without limitation, any submission or other material) and we expressly reserve the right to remove any materials from the Website at any time for any reason without notice. You acknowledge and agree that we have the right to monitor the Website and the materials you transmit, from time to time, and to disclose any information (including your personally identifiable information) to any third party in order to operate the Website properly; to protect BOI, the Website, the services, our sponsors, partners, affiliates, and our Users, members and visitors; and to comply with any legal obligations, regulations, or governmental requests. BOI may condition your right to use or participate on the Website or in the services on your furnishing to BOI and keeping updated at all times such personal identifying information as BOI may require.
3. Other Guidelines: When using or registering with the Website, you will be subject to any additional guidelines or rules applicable to specific services and features which may be posted on the Website from time to time or provided to you via your registered email or otherwise made available to you (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms.
4. Modification of the Terms: BOI reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms and any Guidelines periodically for changes. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, BOI will make reasonable effort to provide notice to you of such amended Terms, such as by an email notification to your registered email address with BOI or by posting a notice on the Website or otherwise making available to you, and such amended terms will be effective immediately against you.
5. Content; Copyright Infringement
5.1 User Content: Any material that you transmit to us or post anywhere on the Website may be used by BOI throughout the world in perpetuity for any purpose whatsoever, including but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and sublicensing, and may be modified to enable or complement any such use. You shall not post, send or otherwise make us aware of any materials which belongs to a third party and the rights of which have not been acquried by you lawfully for the purpose or use by BOI of such materials as mentioned above (collectively, “unsolicited materials”), unless you agree to our use thereof as described hereinabove. If you send us any unsolicited materials despite your foregoing obligation not to do so, we take no responsibility and will have no liability with respect to the use by BOI or any third party of such unsolicited materials or any portion thereof. BOI shall not be liable for any use or disclosure of any unsolicited materials. By sending us unsolicited materials you release, waive any claims with regard to, and hold harmless BOI from and against any and all claims of any kind that are or could be asserted with respect to any use, license, sublicense, assignment, reproduction, distribution, creation of derivative works of, public performances, public display, digital performances, sales, offers, distribution, and other uses of any kind of such unsolicited materials in any media now known or hereafter developed, for any purpose whatsoever. BOI expressly reserves the right to remove any submissions or postings on the Website at any time for any reason.
5.2 License Grant to BOI: By submitting or distributing User Content through the Website, you hereby grant to BOI a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute and re-distribute, adapt, prepare derivative works of, use, make, have made, sell, offer for sale, import, and otherwise exploit your User Content, under all intellectual property rights therein, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).
5.3 License Grant to Users: By submitting or distributing User Content through the Website, You hereby grant to each User of the Website a non-exclusive license to access and use your User Content. The foregoing license granted by You terminates as to specific User Content once You remove or delete such User Content from the Website; provided, however, that Users’ rights to such User Content arising out of distributions occurring on or prior to deletion of such User Content from the Website survive any termination or expiration of the license granted in this Clause 5.3.
5.4 Representations and Warranties: You are solely responsible for your content and unsolicited materials and the consequences of posting or publishing them. By uploading, submitting, creating, or publishing your User content to BOI or through the Website, you affirm, represent, and warrant that: (1) you are the creator and owner of or have the exclusive or absolute licenses, rights, consents, and permissions to use and to authorize BOI to use in the manner contemplated by BOI and these Terms; (2) your content does not and will not: (a) infringe, violate, or misappropriate any third-party rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (3) your content does not contain any viruses, adware, spyware, worms, or other malicious code. Violators of these third-party rights may be subject to criminal and civil liability. BOI reserves all rights and remedies against any User who violates these Terms of Service.
5.5 Procedure for Making Claims of Copyright Infringement: If you believe that your content has been copied and is accessible on the Website in a way that constitutes copyright infringement, you may notify BOI at Komal Sharma: [email protected] by providing our representative with the following information and any other information that may be required by our representative:
* Proof of submission of your content to BOI in the manner as provided on the Website;
* The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
* A description of the copyrighted work that you claim has been infringed and a description of the infringing activity;
* Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted;
* Identification of the URL or other specific location on the Website where the material that you claim is infringing is located; you must include enough information to allow us to locate the material;
* Your name, address, telephone number, and email address; and
* A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
* A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
5.6 Content Disclaimer: You understand that when using or registering with the Website, you may be exposed to content from a variety of sources, including Webiste Content (defined below) and that BOI is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content, including Webiste Content, that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BOI with respect thereto. BOI does not endorse any content, including Webiste Content, or any opinion, recommendation or advice expressed therein, and BOI expressly disclaims any and all liability in connection with any and all content available on the Website, including Webiste Content. If you are a content owner or User with concerns regarding your trademarks, copyrights, or other intellectual property rights, please contact BOI at komal Sharma: [email protected]. If notified by a User or a content owner of content that allegedly does not conform to the Terms, including without limitation allegations of infringement of third-party intellectual property or proprietary rights, BOI may investigate the allegation and determine in its sole discretion whether to remove such content, which it reserves the right to do at any time and without notice or liability to you. For clarity, BOI does not permit copyright, trademark, or other intellectual property infringing activities on the Website. BOI respects the intellectual property of others and takes the protection of copyrights, trademarks, and all other intellectual property very seriously, and asks that Users do the same.
6. Information Technology Act, Indian Copyright Act: It is BOI’s policy to respond to notices of alleged copyright infringement that comply with the Information Technology Act, 2000 and Indian Copyright Act, 1957. BOI will promptly terminate without notice your access to the Website and your registration with and participation at BOI if you are determined by BOI to be a “repeat infringer”. A repeat infringer is a User who has been notified by BOI of infringing activity violations more than once and/or who has had User content or any other user-submitted content removed from the Website more than once due to any allegation of infringement of third-party rights.
7. Prohibited Conduct: By using the Website you agree not to:
7.1 use the Website or any related services for any commercial use or purpose unless expressly permitted by BOI in writing, it being understood that the Website and related services are intended for personal, non-commercial use only;
7.2 restrict or inhibit any other User from using the Website;
7.3 post or communicate any of the Users’, including any other persons that you may come across through the Website, real world information (name, address, account name, etc.) through the Website;
7.4 post, upload, or distribute any User content or other content that is unlawful or that is objectionable, defamatory, libellous, inaccurate, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or infringes on our or any third party’s intellectual property or other rights or otherwise inappropriate;
7.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Website, or perform any other similar fraudulent activity;
7.6 delete the copyright or other proprietary rights notices on the Website, Website Content (defined below), other materials and content, including any User content;
7.7 assert, or authorize, assist, or encourage any third party to assert, against BOI or any of its affiliates or licensors, any intellectual property infringement claim regarding any Website Content, or User content you have used, submitted, or otherwise made available on or through the Website;
7.8 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Website. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
7.9 use the Website for any illegal purpose, or in violation of any municipal, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
7.10 defame, harass, abuse, threaten or defraud Users of the Website, or collect, or attempt to collect, personal information about Users or third parties without their consent;
7.11 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, Website Content, other materials and content, including User content, features that prevent or restrict use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Website, Website Content, other materials and content, including User content;
7.12 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law;
7.13 modify, adapt, translate or create derivative works based upon the Website or Website Content or any part thereof; or
7.14 intentionally interfere with or damage operation of the Website or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
8. Fees and Payments
8.1 Fees: BOI may now, or in the future, charge fees for access to and use of the Website, or certain features thereof (“Fees”). You agree to pay all Fees and charges specified for such features. All Fees are exclusive of applicable taxes (e.g. sales, services, or value-added tax), unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of the Website.
8.2 Payment Methods: BOI will charge the Fees, if any, and other additional fees or donations you authorize, vide cheque, demand draft or to the PayPal or other online payment system account or debit/credit card you designate. You authorize the cheque, demand draft, debit/credit card or PayPal or other online payment system account you designate to pay any amounts described herein and authorize BOI, or any other company that acts as a billing agent for BOI, to continue to attempt to charge all sums described herein to your debit/credit card or PayPal or other online payment system account until such Fees are paid in full. You agree to provide BOI updated information regarding your debit/credit card and PayPal or other online payment system account upon BOI’s request, and any time the information earlier provided is no longer valid. If payment is not received by BOI from your cheque, demand draft, debit/credit card issuer or PayPal or other online payment system, you agree to pay all amounts due upon demand by BOI. BOI may seek pre-authorization of your debit/credit card account or PayPal or other online payment system account prior to a purchase to verify the debit/credit card or PayPal or other online payment system account is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your debit/credit card issuer or PayPal or other online payment system account issuer if you have additional questions regarding when an authorization amount will be removed from your statement.
8.3 Changes in Price; No Refunds: BOI may at any time, upon notice required by applicable law, change the price of the Website or any features thereof, institute new charges or fees, or charge a fee for the Website or any part thereof where a fee was not previously charged. All Fees relating to the Website, including any Fees charged for access to the Website, are final and non-refundable, unless otherwise mentioned on the Website.
9. Third-Party Sites, Products and Services; Links: The Website may include links or references to other websites or services (“Reference Sites”). BOI does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
10. Ownership; Proprietary Rights: The Website is owned and operated by BOI. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Website provided by BOI, including all content and materials available on the Website (the “Website Content”) are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any materials that are provided and owned by Users, all Website Content and other materials contained on the Website are the property of BOI or its subsidiaries or affiliated companies and/or relevant third-party licensors. All trademarks, service marks, and trade names are proprietary to BOI or its affiliates and/or relevant third-party licensors. You agree not to sell, license, rent, distribute, copy, modify, reproduce, upload, post, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Website Content. Modification or use of any materials contained on the Website, including Website Content is a violation of BOI’s copyright and other proprietary rights, and is strictly prohibited. You acknowledge and agree that you do not acquire any ownership rights by using the Website.
11.1 Termination by BOI: You agree that BOI, in its sole discretion, for any or no reason, and with or without penalty, may terminate your registration and/or any account (or any part thereof) you may have with BOI or your use of the Website and remove and discard all or any part of your registration, account, User profile, and any material and content, including User content at any time. BOI may also in its sole discretion and at any time discontinue providing access to the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website or registration or any account you may have, or portion thereof, may be affected without prior notice, and you agree that BOI will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies BOI may have at law or in equity. As discussed herein, BOI does not permit copyright, trademarks, or other intellectual property infringing activities on the Website, and will terminate access to the Website, and remove all materials, including User content or other content submitted, by any Users who are found to be repeat infringers.
11.2 Termination by You: Your only remedy with respect to any dissatisfaction with (i) the Website, (ii) any term of these Terms of Service, (iii) Guidelines, (iv) any policy or practice of BOI in operating the Website, or (v) any content or information transmitted through the Website, is to withdraw your registration and/ or terminate your account and discontinue the use of any and all parts of the Website.
12. Indemnification: You agree to indemnify, defend, and hold harmless BOI, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (“BOI Indemnitees”) from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of any use or misuse of the Website, any violation of the Terms, or any breach by you of the representations, warranties, and covenants undertaken by you pursuant to the use or registration on our Website. BOI reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify BOI, and you agree to cooperate with BOI’s defence of these claims and directly assume the costs and expenses related to such matter. BOI will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
13. Disclaimers and No Warranties
13.1 No Warranties: To the fullest extent permissible pursuant to applicable law, BOI, and its affiliates, partners, licensors and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, all with regards to the Website and the services and products offered through the Website, including Website Content. No advice or information, whether oral or written, obtained by you from BOI or through the Website will create any warranty or representation unless specifically expressly stated herein. You expressly acknowledge and agree that you have not relied on the information available on the Website or otherwise procured from BOI, including Webiste Content. You expressly acknowledge that, as used in this Clause 13, the term BOI includes BOI’s affiliates, officers, directors, employees, shareholders, agents, licensors and subcontractors.
13.2 “As is” and “As available” and “With All Faults”. You expressly agree that use of the Website is at your sole risk. The Website and any data, information, third-party software, materials, content, including User content and Website Content, Reference Sites, services, or applications made available in conjunction with or through the Website are provided on an “as is,” “as available” and “with all faults” basis and without warranties or representations of any kind either express or implied.
13.3 Content: BOI, its suppliers, shareholders, directors, agents, licensors, affiliates, and partners do not warrant that the data, content, including User content and Website Content, functions, or any other information offered on or through the Website or any Reference Sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.
13.4 Accuracy: BOI, its suppliers, shareholders, directors, agents, licensors, affiliates, and partners do not warrant or make any representations regarding the use or the results of the use of the Website or any Reference Sites in terms of correctness, accuracy, reliability, or otherwise.
13.5 Harm to Your Computer: You understand and agree that your use, access, download, or otherwise obtaining information, materials, or data through the Website (including RSS feeds) or any Reference Sites is at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data.
14. Limitation of Liability; No Guarantee of Success and Damages
14.1 Limitation of Liability: Under no circumstances, including, but not limited to, negligence, will BOI or its affiliates, shareholders, directors, contractors, employees, agents, or third-party partners, licensors, or suppliers be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost opportunity or to enhance one’s reputation, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to the Terms or that result from your use of or your inability to use the Website or any Reference Sites, or any other interactions with BOI, even if BOI or a BOI authorized representative has been advised of the possibility of such damages. In the event applicable law does not allow the limitation or exclusion of liability or incidental or consequential damages, BOI’s liability will be limited to the fullest extent permitted by applicable law.
14.2 No Guarantee of Success: The content, services and materials on the Website or otherwise made available by BOI do not in any way guarantee success, derived benefits, reward, compensation or any other tangible or intangible payback or benefits of any sort whatsoever and BOI does not in any way warrant such success, derived benefits, reward, compensation or any tangible or intangible payback or rewards in any manner whatsoever. BOI shall in no event be held responsible if any User is dissatisfied with the content, services and materials contained or provided on the Website or otherwise made available by BOI and the only remedy against BOI due to such dissatisfaction shall be that as mentioned in these Terms.
14.3 Limitation of Damages: In no event will BOI’s or its affiliates’, shareholders’, directors’, contractors’, employees’, agents’, or third-party partners’, licensors’, or suppliers’ total liability to you for all damages, losses, and causes of action arising out of or relating to the Terms or your use of the Website or your interaction with other website Users (whether in contract, tort including negligence, warranty, or otherwise), exceed the amount paid by you, if any, for accessing the Website or registering with BOI during the twelve months immediately preceding the date of the claim.
14.4 Reference Sites: These limitations of liability also apply with respect to damages incurred by you by reason of any products or services sold or provided on any Reference Sites or otherwise by third parties other than BOI and received through or advertised on the Website or received through any Reference Sites.
14.5 Basis of the Bargain: You acknowledge and agree that BOI has offered its products and services, set its prices, and entered into the Terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and BOI, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain and relationship between you and BOI. BOI would not be able to provide the Website to you on an economically reasonable basis without these limitations.
15.1 Notice: BOI may provide you with notices, including those regarding changes to the Terms, by email, regular mail or postings on the Website. Notice will be deemed given twenty-four hours after email is sent, unless BOI is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Website. In such case, notice will be deemed given two days after the date of mailing. Notice posted on the Website is deemed given immediately upon initial posting.
15.2 Waiver: No exercise, failure to exercise, or delay in exercising any right, power, or remedy vested in BOI under or pursuant to this Terms shall constitute a waiver by BOI of that or any other right, power, or remedy. Any waiver of any provision of the Terms will be effective only if in writing and signed by BOI.
15.3 Governing Law and Jurisdiction:
(a) Governing Law. The Terms will be exclusively governed by and construed in accordance with the laws of India, without giving effect to any principles of conflicts of law.
(b) Jurisdiction. You agree that any action at law or in equity arising out of or relating to the Terms or BOI will be filed only in the competent courts of Mumbai, India and each of you and BOI hereby consent and submit to the personal and exclusive jurisdiction of such courts.
15.4 Severability: If any provision of the Terms is adjudged by a court to be unlawful, void, or for any reason unenforceable, the same shall in no way affect any other provision of this Terms, or its validity or enforceability, and the unenforceable provision shall be performed to the extent valid and enforceable.
15.5 Assignment: The Terms, and any rights and licenses granted hereunder, shall not be transferred or assigned by you, but may be assigned by BOI without restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.
15.6 Survival: Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including but not limited to, Clause 5 through 15.
15.7 Headings: The heading references herein are for convenience purposes only and do not constitute a part of the Terms and will not be deemed to limit or affect any of the provisions hereof.
15.9 Claims: You and BOI agree that any cause of action arising out of or related to the Website must commence within 15 (fifteen) days after the cause of action first accrues. Otherwise, such cause of action is permanently barred.
15.10 Disclosures: The Website is hosted in India, and the services provided hereunder are offered by BOI:
Address: 303, Morya Classic, Off New Link Road, Andheri West Mumbai – 4000 053
Tele: +91 22 421 29129.
15.11 General: Any notifications or other communications that we undertake to send to you hereunder will be deemed conclusively given if sent to the email address submitted as part of your registration with BOI. If such email address does not function, BOI will have no obligation to send you notifications or other communications by other means, notwithstanding that other contact information for you may be available to us. Your electronic consent to this Agreement (or to any other agreement between you and BOI), whether by clicking “I AGREE” or similar buttons provided in conjunction with any such agreement, your submission of any agreement with your initials and/or name entered into a box provided for that purpose together with the agreement, and/or your registration to use the Website governed by this Agreement, shall constitute your electronic signature and, according to the provisions of the applicable law (including, without limitation, information technology laws and copyright law), shall be of the same effect as if you had signed such agreement manually. Your access to and use of the Website also constitutes your acceptance of this Agreement. Upon our request, you agree to sign a non-electronic version of this Agreement. A printed version of this Agreement and/or of any notice given in electronic form shall be admissible in judicial, administrative, or arbitration proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.