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General
Restrictions on use
Changed Terms
Equipment
Subscriber Conduct
Disclaimer of Warranty: Limitation of Liability
Monitoring
Indemnification
Termination
Trademarks
Third Party Content
Miscellaneous
Disclaimer
Bulletin Boards / Message Boards
1. General
This Agreement, sets forth the terms and conditions that apply to use of this
site www.ufomoviez.com, by a Subscriber. "Subscriber" means each person who
establishes or accesses a connection ("Account") for access to and use of the
UFO Site.
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2. Restrictions on use
This UFO Site is owned and operated by UFO - A Division of UFO
Moviez India Limited ("the Company") and contains material which is derived in whole or in part
from material supplied by the Company, various new agencies and other sources,
and is protected by international copyright and trademark laws. The
restrictions on use of the material and content on this UFO Site by the
Subscriber are specified below. Except where specifically authorised, the
Subscriber may not modify, copy, reproduce, republish, upload, post, transmit
or distribute in any way any material from this site including code and
software.
By using the UFO Site (other than to read this Agreement for the
first time), Subscriber agrees to comply with all of the terms and conditions
hereof. The right to use the UFO Site is personal to Subscriber and is not
transferable to any other person or entity. Subscriber is responsible for all
use of Subscriber's Account (under any screen name or password) and for
ensuring that all use of Subscriber's Account complies fully with the
provisions of this Agreement. Subscriber shall be responsible for protecting
the confidentiality of Subscriber's password(s), if any. The Company shall have
the right at any time to change or discontinue any aspect or feature of UFO
Site, including, but not limited to, content, hours of availability and
equipment needed for access or use.
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3. Changed Terms
The Company shall have the right at any time to change or modify the
terms and conditions applicable to Subscriber's use of the UFO Site, or any
part thereof, or to impose new conditions, including but not limited to, adding
fees and charges for use. Such changes, modifications, additions or deletions
shall be effective immediately upon notice thereof, which may be given by means
including but not limited to, posting on the UFO Site, or by electronic or
conventional mail, or by any other means by which Subscriber obtains notice
thereof. Any use of the UFO Site by Subscriber after such notice shall be
deemed to constitute acceptance by Subscriber of such changes, modifications or
additions.
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4. Equipment
Subscriber shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and use of the UFO
Site and all charges related thereto.
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5. Subscriber
Conduct
Subscriber shall use the UFO Site for lawful purposes only. Subscriber shall
not post or transmit through the UFO Site any material which violates or
infringes in any way upon the rights of others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene,
profane or otherwise objectionable, which encourages conduct that would
constitute a criminal offence, give right to civil liability or otherwise
violate any law, or which, without the Company's express prior approval,
contains advertising or any solicitation with respect to products or services.
Any conduct by a Subscriber that in the Company's discretion restricts or
inhibits any other Subscriber from using or enjoying UFO Site will not be
permitted. Subscriber shall not use UFO Site to advertise or perform any
commercial solicitation, including, but not limited to, the solicitation of
users to become subscribers of other on-line information services competitive
with the UFO Site. UFO Site contains copyrighted material, trademarks and other
proprietary information, including, but not limited to, text, software, photos,
video, graphics, music or sound, and the entire contents of UFO Site are
copyrighted as a collective or severable work under applicable copyright laws.
The Company and/or its affiliates own or have acquired a copyright in the
selection, coordination, arrangement and enhancement of such content, as well
as in the content original to it. Subscriber may not modify, publish, transmit,
participate in the transfer or sale, create derivative works, or in any way
exploit, any of the content, in whole or in part. Subscriber may download
copyrighted material for Subscriber's personal use only. Except as otherwise
expressly permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of downloaded material
will be permitted without the express permission of the Company and the
copyright owner. In the event of any permitted copying, redistribution or
publication of copyrighted material, no changes in or deletion of author
attribution, trademark legend or copyright notice shall be made. Subscriber
acknowledges that it does not acquire any ownership rights by downloading
copyrighted material.
Subscriber shall not upload, post or otherwise make available on
the UFO Site any material protected by copyright, trademark or other
proprietary right without the express permission of the owner of the copyright,
trademark or other proprietary right and the burden of determining that any
material is not protected by copyright rests with Subscriber. Subscriber shall
be solely liable for any damage resulting from any infringement of copyrights,
proprietary rights, or any other harm resulting from such a submission. By
submitting material to any public area of UFO Site, Subscriber automatically
grants, or warrants that the owner of such material has expressly granted the
Company the royalty fee, perpetual, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt, publish, translate and distribute
such material (in whole or in part) worldwide and/or to incorporate it in other
works in any form, media or technology now known or hereafter developed for the
full term of any copyright that may exist in such material. Subscriber also
permits any other Subscriber to access, view, store or reproduce the material
for that Subscriber's personal use. Subscriber hereby grants the Company the
right to edit, copy, publish and distribute any material made available on UFO
Site by Subscriber.
The foregoing provisions are for the benefit of the Company, its
subsidiaries, affiliates and its third party content providers and licensors
and each shall have the right to assert and enforce such provisions directly or
on its own behalf.
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6. Disclaimer of
Warranty: Limitation of Liability
Subscriber expressly agrees that use of UFO Site is at Subscriber's
sole risk. Neither the Company, its affiliates nor any of their respective
employees, agents, third party content providers or licensors warrant that UFO
Site will be uninterrupted or error free; nor do they make any warranty as to
the results that may be obtained from use of UFO Site, or as to the accuracy,
reliability or content of any information, service, or merchandise provided
through UFO Site.
UFO Site is provided on an "As Is" basis without warranties of
any kind, either express or implied, including, but not limited to, warranties
of title or implied warranties of merchantability or fitness for a particular
purpose, other than those warranties which are implied by and incapable of
exclusion, restriction or modification under the laws applicable to this
agreement.
This disclaimer of liability applies to any damages or injury,
caused by any failure of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, computer virus, communication line
failure, theft or destruction or unauthorized access to, alteration of, or use
of record, whether for breach of contract, tortious behavior, negligence, or
under any other cause of action. Subscriber specifically acknowledges that the
Company is not liable for the defamatory, offensive or illegal conduct of other
subscribers or third-parties in cases including but not limited to any
interactive communication on or through the site and that the risk of injury
from the foregoing rests entirely with subscriber(s).
In no event will the Company, or any person or entity involved
in creating, producing or distributing UFO Site or the UFO Site software, be
liable for any damages, including, without limitation, direct, indirect,
incidental, special, consequential or punitive damages arising out of the use
of or inability to use UFO Site. Subscriber hereby acknowledges that the
provisions of this section shall apply to all content on UFO Site.
In addition to the terms set forth above neither, the Company,
not its affiliates, information providers or content partners shall be liable
regardless of the cause or duration, for any errors, inaccuracies, omissions,
or other defects in, or untimeliness or unauthenticity of, the information
contained within UFO Site, or for any delay or interruption in the transmission
thereof to the user, or for any claims or losses arising therefrom or
occasioned thereby. None of the foregoing parties shall be liable for any
third-party claims or losses of any nature, including, but not limited to, lost
profits, punitive or consequential damages. Prior to the execution of a stock
trade, subscribers are advised to consult with your broker or other financial
representative to verify pricing or other information. The Company, its
affiliates, information providers or content partners shall have no liability
for investment decisions based on the information provided. Neither, the
Company, nor its affiliates, information providers or content partners warrant
or guarantee the timeliness, sequence, accuracy or completeness of this
information. Additionally, there are no warranties as to the results obtained
from the use of the information
TOP 7. Monitoring
The Company shall have the right, but not the obligation, to monitor the
content of UFO Site, all interactive communication including but not limited to
chat rooms and forums, to determine compliance with this Agreement and any
operating rules established by the Company and to satisfy any law, regulation
or authorized government request. The Company shall have the right in its sole
discretion to edit, refuse to post or remove any material submitted to or
posted on UFO Site. Without limiting the foregoing, the Company shall have the
right to remove any material that the Company, in its sole discretion, finds to
be in violation of the provisions hereof or otherwise objectionable.
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8. Indemnification
Subscriber agrees to defend, indemnify and hold harmless the Company, its
affiliates and their respective directors, officers, employees and agents from
and against all claims and expenses, including attorney's fees, arising out of
the use of UFO Site by Subscriber or Subscriber's Account.
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9. Termination
Either the Company or Subscriber may terminate this Agreement at any time.
Without limiting the foregoing, the Company shall have the right to immediately
terminate Subscriber's Account in the event of any conduct by Subscriber which
the Company, in its sole discretion, considers to be unacceptable, or in the
event of any breach by Subscriber of this Agreement.
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10. Trademarks
UFO AND VMPL and/or any other trademarks and trade names being shown or used on
the site are the property of their respective owners.
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11. Third Party Content
The Company is a distributor (and not a publisher) of content supplied by third
parties and Subscribers. Accordingly, the Company has no more editorial control
over such content than does a public library, bookstore, or newsstand. Any
opinions, advice, statements, services, offers, or other information or content
expressed or made available by third parties, including information providers,
Subscribers or any other user of UFO Site, are those of the respective
author(s) or distributor(s) and not of the Company. Neither the Company nor any
third-party provider of information guarantees the accuracy, completeness, or
usefulness of any content, nor its merchantability or fitness for any
particular purpose.
In many instances, the content available through UFO Site represents the
opinions and judgements of the respective information provider, Subscriber, or
other user not under contract with the Company. The Company neither endorses
nor is responsible for the accuracy or reliability of any opinion, advice or
statement made on UFO Site by anyone other than authorized the Company employee
spokespersons while acting in their official capacities. Under no circumstances
will the Company be liable for any loss or damage caused by a Subscriber's
reliance on information obtained through the UFO Site. It is the responsibility
of Subscriber to evaluate the accuracy, completeness or usefulness of any
information, opinion, advice or other content available through UFO Site.
Please seek the advice of professionals, as appropriate, regarding the
evaluation of any specific information, opinion, advice or other content.
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12. Miscellaneous
This Agreement and any operating rules for UFO Site established by the Company
constitute the entire agreement of the parties with respect to the subject
matter hereof, and supersede all previous written or oral agreements between
the parties with respect to such subject matter. This Agreement shall be
construed in accordance with the laws of India and courts in Delhi shall have
the exclusive jurisdiction to entertain and try any dispute arising out of or
in relation to this Contract. No waiver by either party of any breach or
default hereunder shall be deemed to be a waiver of any preceding or subsequent
breach or default. The section headings used herein are for convenience only
and shall not be given any legal import.
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13. Disclaimer
The Company has provided or may provide links and pointers to Internet sites
maintained by third parties. Neither the Company, its parent or subsidiary
companies nor their affiliates operate or control in any respect any
information, products or services on these third-party sites. The materials in
this UFO Site and the third-party sites are provided "as is" and without
warranties of any kind, either express or implied. To the fullest extent
permissible pursuant to applicable law, the Company disclaims all warranties,
express or implied, including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose. The Company does not
warrant that the functions contained in the materials will be uninterrupted or
error-free, that defects will be corrected, or that this site, including
Bulletin Boards, or the server that makes it available, are free of viruses or
other harmful components. The Company does not warrant or make any
representations regarding the use or the results of the use of the materials in
this site or in third-party sites in terms of their correctness, accuracy,
timeliness, reliability or otherwise. Subscriber (and not the Company) assume
the entire cost of all necessary maintenance, repair or correction.
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14. Bulletin Boards / Message Boards
This service may include bulletin boards and chat rooms ("bulletin boards")
which allow feedback to the Company and real-time interaction between users.
The Company does not control the messages, information or files delivered to
bulletin boards. It is a condition of your use of the bulletin boards and this
UFO site that you do not: restrict or inhibit any other user from using and
enjoying the bulletin boards. post or transmit any unlawful, threatening,
abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or
indecent information of any kind, including without limitation any
transmissions constituting or encouraging conduct that would constitute a
criminal offence, give rise to civil liability or otherwise violate any local,
state, national or international law. post or transmit any information,
software or other material which violates or infringes upon the rights of
others, including material which is an invasion of privacy or publicity rights
or which is protected by copyright, trademark or other proprietary right, or
derivative works with respect thereto, without first obtaining permission from
the owner or right holder. post or transmit any information, software or other
material which contains a virus or other harmful component. post, transmit or
in any way exploit any information, software or other material for commercial
purposes, or which contains advertising.
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