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THIS IS A LEGAL AGREEMENT BETWEEN YOU AND VIACOM18 MEDIA PRIVATE LIMITED (THE "COMPANY") STATING THE TERMS THAT GOVERN YOUR USE OF www.aapkacolors.com(“Website”) DIGITAL SERVICE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF WEBSITE\'S POLICIES (INCLUDING WITHOUT LIMITATION WEBSITE\'S PRIVACY POLICY) - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND THE COMPANY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND THE COMPANY MAY REFUSE ACCESS TO THE WEBSITE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.

1. Definition of the www.aapkacolors.com Digital Service. The Company is the provider of the www.aapkacolors.com digital service (the "Service") that permits you to browse the Website and allows streaming or download of digital content-such as televised entertainment, filmed entertainment, music videos, related artwork and sound recordings (the "Products") and also to utilise other services provided by the Company. Your use of the Website andor the Service shall be governed by the terms and conditions as set forth in this Agreement.
2. Age requirements for use of the Service. This Service is available for individuals aged 13 years or older. If you are 13 years or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.

3. Objectionable Material. The Company has used all reasonable efforts to ensure that no objectionable materials are displayed. However, you understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that neither the Company nor any of its affiliated companies shall have any liability to you for content that may be found to be offensive, indecent, or objectionable.

4. System Requirements. Use of the Service requires a compatible computer, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.

5. Policies. Your use of the Service and purchases made through it are subject to the Company\'s Policies:

Refund Policy
Refunds will not be issued based on technical failure of any download or streaming, not meeting the minimum requirements to run any Product or other service on your computer or for lack of enjoyment whilst viewing or playing the Product or other service. Please examine the "Support" page to make sure your computer meets what is required.
We do not offer a CD Rom or any other storage media in place of downloadingstreaming. If the issue is a firewall or router, the support for those items may be your best option.

6. The Service\'s Privacy Policy. The Service is subject to the Privacy Policy, the terms of which are expressly made a part of this Agreement. If you have not already read the Privacy Policy, you should do so NOW.

7. Your Information. You agree to provide accurate, current, true and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, true and complete. The Company may independently verify your Registration Data. The Company may terminate your access to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that the Company may (or through third parties, may) store and use the Registration Data you provide (including credit card information) for use in maintaining your accounts and billing fees to your credit card.

You further agree that the Company may forward the Registration Data to its employees, officers, affiliates, group companies and to third parties providing billing, support and other services for the purposes of providing the Service to you.

8. User Account and Security.

a. Account and Password. As a registered user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else\'s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify the Company of any unauthorized use of your Account or any other breach of security. Please e-mail the Support Centre at help@aapkacolors.com to notify the Company in such event. The Company shall not be responsible for any losses arising out of the unauthorized use of your Account.

b. Security. You understand that the Service, and Products utilized through the Service, includes a security framework using technology that protects digital information and limits your usage of Products to certain usage rules established by the Company andor its licensors ("Usage Rules"). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by the Company for compliance purposes, and the Company reserves the right to enforce the Usage Rules with or without notice to you. You shall not access or attempt to access an Account that you are not authorized to access. Violations of system or network security may result in civil andor criminal liability.

9. ProductsServices Requirements and Use

a. You acknowledge that use of ProductsServices may require the use of other hardware and software products, and that such hardware and software is your responsibility and will not form part of the Products nor will it be provided by the Company.

b. You agree to use Products in compliance with the following Usage Rules:

Usage Rules

Your usage of the Products is conditional upon your prior acceptance of the terms of this Agreement.

You shall be authorized to use the Products only for personal, noncommercial use only.

You agree that you are not permitted to transfer any Product purchased and downloaded by you to any other computers or devices unless expressly provided pursuant to any "End User Licensing Agreement" that may be included within the Product, in which case transfers are permitted only pursuant to such End User Licensing Agreement.


You shall not be entitled to capture, store or record any Product that has been streamed to you for real-time consumption, except as expressly permitted pursuant to any End User Licensing Agreement that may be included within the Product, in which case any such capture, storage or recording is permitted only pursuant to such End User Licensing Agreement.

The delivery of Products does not transfer to you any commercial or promotional use rights or intellectual property rights in the Products or the Service.

c. You agree that your purchase of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules and any End User Licensing Agreement that maybe included within the Product or presented to you at the time of registration or purchase, and that any other use of the Products may constitute a violation of copyrighttrademarkpatent laws or other intellectual property laws. The security technology is an inseparable part of the Products. The Usage Rules and any End User Licensing Agreement applicable to the Product shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party, except that in any conflict between the Usage Rules and any End User Licensing Agreement, the provisions of the End User Licensing Agreement shall prevail. The Company reserves the right to modify the Usage Rules at any time.

d. You acknowledge that some aspects of the Service, Products, and administering of the Usage Rules entails the ongoing involvement of the Company. Accordingly, in the event that the Company changes any part of the Service or discontinues the Service, which the Company may do at its election, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that neither the Company nor any of its affiliated companies shall have any liability to you in such case.

10. Usage of ProductsServices. On occasion, technical problems may delay or prevent unhindered usage of the ProductServices.

11. Intellectual Property.

a. Acknowledgement of Ownership. You agree that the Service, including but not limited to graphics, screen shots, video clips, demos, music and editorial content, contains proprietary information and material that is owned by the Company andor its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. You shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

b. Removal of Content or Other Materials. Notwithstanding any other provision of this Agreement, the Company and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of or sold through the Service at any time without notice. In no event will the Company or any of its affiliated companies be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. The Company may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.

c. Copyrights. All copyrights in and to the Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by the Company andor its licensors. THE USE OF ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

d. Trademarks. The Company, the Website logo and other trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of the Company andor its affiliated companies. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

12. Content posted on Website

a. No Endorsement of User Content. You are solely responsible for all User Content (as defined in the next sentence) that you upload, post, email, transmit or otherwise make available on or through the Service (collectively, "Post"). "User Content" means content or information of any type or medium, including but not limited to: letters, emails or other messages; other forms of communication through the Services; personal User information; cheat codes; board posts; reader reviews; blogs, ratings, data, notes and testimonials; poll votes; images; audio or video files; and software that you Post. You may Post only User Content which you own, have created or which you have clear permission to Post. You acknowledge and agree that the Company does not endorse any User Content and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another. You acknowledge that the Company does not pre-screen User Content, and has no obligation to do so, but that the Company and its affiliated companies and designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any User Content that is posted on or through the Service.

b. Proprietary Rights in User Content Posted. You hereby grant to the Company the non-exclusive, perpetual, fully paid and royalty-free, worldwide license to use, copy, sublicense, adapt, transmit, translate, distribute, publicly perform, publicly display, modify, and translate such User Content. You represent and warrant that: (i) you own the User Content Posted by you on Website, (ii) your User Content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your User Content on Website does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any User Content you post on Website.

c. Prohibited User Content. The following is a partial list of the kind of User Content that is illegal or prohibited on Website. The Company reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending User Content from the Website and terminating the Accounts of such violators. Prohibited User Content includes content that:

1. is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. contains nudity, porn, violence, or offensive subject matter;
4. involves the transmission of "junk mail" or "chain letters" or unsolicited mass mailing;
5. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
6. exploits people in a sexual or violent manner;
7. solicits personal information from anyone under 18;
8. provides any telephone numbers, street addresses, last names, URLs or email addresses, including in your Account profile;
9. violates the copyright, trademark or other intellectual property rights of any other person;
10. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities such as making or buying illegal weapons, violating someone\'s privacy, or providing or creating computer viruses;
11. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; or
12. involves commercial activities andor sales without our prior written consent such as contests, sweepstakes, solicitation of donations, barter, advertising, or pyramid schemes.

13. Prohibited User Activities.

You must use Website in a manner consistent with any and all applicable laws and regulations.

The following is a partial list of the kind of activity that is illegal or prohibited on Website. The Company reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

 

1. advertising to, or solicitation of, any person to buy or sell any products or services through Website. You may not transmit any chain letters or junk email to any other person. It is also a violation of these rules to use any information obtained from Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any person;
2. any automated use of the system;
3. attempting to impersonate another user or person;
4. using the account, username, or password of another user or person at any time or disclosing your password to any third party or permitting any third party to access your account;
5. selling or otherwise transferring your profile;
6. covering or obscuring the banner advertisements on forums, or any page of the Website via HTMLCSS or any other means; or
7. interfering with, disrupting, or creating an undue burden on the site or the networks or services connected to the Service.

14. Third Party Sites; Advertisers. The Service may provide you with opportunities links or other opportunities to use certain sites, services, products, applications or content offered by or through the Company\'s third-party providers, including but not limited to advertisers, content and ecommerce providers (collectively "Third-Party Services"). Your use of any Third-Party Services is subject to any terms of service or conditions of use associated with the Third-Party Services. The Company does not control Third-Party Services and is not responsible for any Third-Party Services or for the contents thereof, including, without limitation, any links that may be contained in or accessible through Third-Party Services. The Company does not endorse any Third-Party Services or any products, content or communications linked to or accessible from the Services. You agree you are wholly responsible for making your own independent judgment regarding your user or interaction with Third-Party Services.

15. Monitoring. The Company and its affiliated companies have no obligation to pre-screen or monitor any User Content Posted. However, the Company and its affiliated companies reserve the right at all times to edit or remove any content or communications, in whole or in part, in Company andor its affiliated companies\' sole discretion and to disclose any information or take any action as necessary to satisfy any applicable law, regulation, legal process or governmental request.

16. Termination.

a. Termination by the Company. If you fail, or the Company suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to provide accurate and complete Registration Data, failure to safeguard your Account information, or violation of the Usage Rules or any license to the software, the Company, at its sole discretion and without prejudice to any other remedies available to it, without notice to you may: (i) terminate this Agreement andor your Account; andor (ii) terminate the license to the software; andor (iii) preclude access to the Service (or any part thereof).

b. Termination of the Service. The Company reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and neither the Company nor its directors, officers, employees, affiliates, agents, contractors or licensors will be liable to you or to any third party should it exercise such rights.

17. General Compliance with Laws. You agree to comply with all local, state, federal, and national and international laws, statutes, ordinances, and regulations that apply to your use of the Service.

18. Enforcement of These Terms. The Company reserves the right to takes such steps it believes are reasonably necessary or appropriate to enforce andor verify compliance with any part of this Agreement (including but not limited to the Company\'s right to cooperate with any legal process relating to your use of the Service andor Products, andor a third party claim that your use of the Service andor Products is unlawful andor infringes such third party\'s rights). You agree that the Company has the right, without liability to you, to disclose any Registration Data andor Account information to law enforcement authorities, government officials, andor a third party, as the Company believes is reasonably necessary or appropriate to enforce andor verify compliance with any part of this Agreement (including but not limited to the Company\'s right to cooperate with any legal process relating to your use of the Service andor Products, andor a third party claim that your use of the Service andor Products is unlawful andor infringes such third party\'s rights).

19. Disclaimer of Warranties; Liability Limitations.

a. THE COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE INTERNET OR YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME THE COMPANY MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY THE COMPANY) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

c. IN NO CASE SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANY\'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

d. THE COMPANY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND THE COMPANY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

e. THE COMPANY DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND THE COMPANY DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.

20. Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY THE COMPANY AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF THE COMPANY\'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

21. Changes. The Company reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Any material updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will posted on the Website and will be effective immediately after such posting and thereafter incorporated into this Agreement. Your continued use of the Service will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

22. Notices. The Company may send you notice with respect to the Service by sending an email message to the email address listed in your Account contact information, by sending a letter via postal mail to the contact address listed in your Account contact information. Notices shall become effective immediately.

23. Governing LawDispute Resolution. The rights and obligations of the Parties under the Agreement shall be governed by the laws of India. All disputes between the Parties relating to issues arising under this Agreement or the Service shall be resolved solely through proceedings instituted before the Court in Mumbai, India.

24. Miscellaneous. These Terms of Service constitute the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The Company\'s failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. The Company will not be responsible for failures to fulfill any obligations due to causes beyond its control.

 
 
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