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Please read these terms and conditions of use before using this Website. By continuing to access or use this Website or any service on this Website, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE.
User Acceptance and Consent to Terms and Conditions of Use.
Welcome to www.MovieTalkies.com (also referred to herein as the “Website”) which is owned and operated by Movie Talkies (India) Private Limited (“Movie Talkies”). By using or registering for the services offered on the Website (collectively, the “Service”), users and the entities or persons they represent (“User/Users” or “You”) agree to be legally bound and abide by the terms, conditions, and notices set forth or referenced herein (the “Terms of Use”). Movie Talkies reserves the right to suspend / cancel, or discontinue any or all Services(s) at any time without notice , make modifications and alterations in any or all of the content, products and services contained on the site without prior notice. Such changes will be posted on www.MovieTalkies.com/termsofuse for your reference and convenience so as to enable you to understand your responsibility as a user.
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS CONTAINED HEREIN, SO PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PROCEEDING
Please review our Privacy Policy, which also governs your visit to the Website, to understand our practices.
License; Permitted Use.
You agree that you are only authorized, in accordance with, and pursuant to these Terms of Use, to visit, view and to retain a copy of pages of the Website for your own personal, non-commercial use, and that you shall not sell, duplicate, publish, modify, display, publicly perform, distribute or otherwise use the Website or the Service for any purpose other than to review movie, post comments and promotional information, and/or for personal use, unless otherwise specifically authorized by Movie Talkies to do so. As an express condition of your use of the Website and the Service, you warrant to Movie Talkies that you will not use the Website or the Service for any unlawful purpose or purpose prohibited by these Terms of Use. You also agree not to link or deep-link to the Website for any purpose, unless specifically authorized by Movie Talkies to do so.
User Obligations.
In consideration of use of the Website, You represent and confirm that You are of legal age to enter into a binding contract and is not a person barred from using the Website and/or receiving the Services under the laws of India or other applicable law.
To avail a Service, You have and must continue to maintain at your sole cost: (a) all the necessary equipments including a computer and modem etc. to access the Website/avail Services; (b) own access to the World Wide Web. You shall be responsible for accessing the Services and that access may involve third party fees including, airtime charges or internet service provider’s charges which are to be exclusively borne by the You.
In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party’s use and/or enjoyment of the Website. You shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.
Rights Reserved.
All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Website and/or the Service (the “Intellectual Property Rights”) shall, as between you and Movie Talkies, at all times be and remain the sole and exclusive property of Movie Talkies or its content suppliers. All software used on this Website is the property of Movie Talkies or its software suppliers and protected by Indian and International copyright laws. All present and future rights in and title to the Website and/or the Service (including the right to exploit the Website and/or the Service and any portions of the Website and/or the Service over any present or future technology) are reserved to Movie Talkies for its exclusive use.
Copyright Claims.
Movie Talkies respects the intellectual property of others, and we ask our Users to do the same. All information related to films (story, synopsis, cast/crew details, movie stills, production stills, trailers, wallpapers, etc) and/or artiste available on Movie Talkies is for promotional purpose only. If you believe that content available on Movie Talkies in any way constitutes copyright infringement, please provide Movie Talkies the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) 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; (vi) a statement by you, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Movie Talkies’ Copyright Agent for Notice of claims of copyright infringement can be reached as follows: by mail: Movie Talkies (India) Pvt Ltd., Roop Mangal Building, 3rd Floor, 16th Road, Santacruz (West), Mumbai 400054. India. Email : update@MovieTalkies.com
Fees and Payments.
Movie Talkies reserves the right at any time to charge fees for access to all or portions of the Website and/or the Service. If at any time Movie Talkies requires a fee for all or portions of the Website and/or the Service, Movie Talkies will require you to register and create an account. In no event will you be charged for access to all or portions of the Website and/or the Service unless Movie Talkies obtains your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Website and/or the Service by Movie Talkies or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Website and/or the Service through your account, and the purchase of any other products or services.
Reviews and Comments
Except as otherwise provided elsewhere in these Terms of Use or on the Website, anything that you submit or post to the Website, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and Movie Talkies shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Movie Talkies and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Website, you also assign Movie Talkies the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on the Website and that use of your reviews, comments, or other Content by Movie Talkies will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead Movie Talkies or third parties as to the origin of any Submissions or Content. Movie Talkies may, but shall not be obligated to, in its sole discretion, remove or edit any Submissions (including comments or reviews) for any reason.
Links to Other Sites
All the contents of the Website are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Website is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Website. All warranties and conditions, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel, including without certain links on the Website lead to resources located on servers maintained by third parties, these sites of third party(s) may contain Movie Talkies’ logo, please understand that it is independent from Movie Talkies, over whom Movie Talkies has no control or connection, business or otherwise as these sites are external to Movie Talkies. You agree and understand that by visiting such sites you are beyond the Website. Movie Talkies, therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity, availability, suitability, reliability, accuracy of the information, software, products, services and related graphics contained, of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these site(s), as the same is provided on “as is” without warranty of any kind.
Advertising Material
Part of the Website contains advertising information or promotion material or other material submitted to Movie Talkies by third parties. Responsibility for ensuring that material submitted for inclusion on Website complies with applicable International and National law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Movie Talkies found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Movie Talkies will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
Content on the Movie Talkies Network/Website.
Content on the Website is meant for all audiences. You understand that you will be exposed to user material from a variety of publishers and that Movie Talkies is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user material. You further understand and acknowledge that you may be exposed to user material 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 Movie Talkies with respect thereto.
Disclaimer Of Warranties; Limitation of Liability.
THIS WEBSITE IS PROVIDED BY MOVIE TALKIES ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOVIE TALKIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. MOVIE TALKIES RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS SITE AT ANY TIME IN ITS DISCRETION.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MOVIE TALKIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOVIE TALKIES DOES NOT WARRANT THAT THIS SITE, ITS SERVERS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOVIE TALKIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR MATERIALS OR ANY LINKED SITE IS TO STOP USING THE WEBSITE, MATERIALS, OR LINKED SITE, AS APPLICABLE. THE MAXIMUM LIABILITY OF MOVIE TALKIES, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.
Representations and Warranties. You represent, warrant and covenant that:
a. you have the power and authority to enter into this agreement;
b. you shall not use any rights granted hereunder for any unlawful purpose; and
c. you shall use the Website and the Service only as set forth in these Terms of Use.
Indemnification.
You agree to defend, indemnify and hold harmless Movie Talkies, and its subsidiaries, affiliates, officers, directors, contractors, agents, suppliers, co-branders or other partners, and employees, from any and all liabilities, claims, expenses or demand, including reasonable attorneys’ fees, made by any third party due to or arising (i) from your use or misuse of or your connection to the Website and/or the Service (ii) out of Content you submit, post to or transmit through the Service, (iii) from your violation of the Terms of Use, or (iv) your violation of any rights of another. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. Movie Talkies reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Movie Talkies in asserting any available defenses.
Termination.
In accordance herewith, either you or Movie Talkies may terminate the Terms of Use with or without cause at any time and effective immediately. You may terminate the Terms of Use by discontinuing use of the Website and the Service and destroying all materials obtained therefrom. Your use of the Website and the Service will terminate immediately without notice from Movie Talkies if you, in Movie Talkies’ sole discretion, fail to comply with any provision of these Terms of Use. Upon termination by you or upon notice of termination by Movie Talkies, you must immediately cease all use of the Website and the Service and destroy all materials obtained from the Website and the Service and any copies thereof.
General Information.
The Terms of Use and the relationship between, You and Movie Talkies shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Mumbai.
The failure of Movie Talkies to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of the Terms of Use shall continue to be in full force and effect.
You accept that Movie Talkies has the right to change the content, service or technical specification of any aspect of the Website or the Service at any time in its sole discretion. You further accept that such changes may result in your being unable to access the Website and/or the Service.
These Terms of Use and any and all other terms and conditions of service on www.MovieTalkies.com/terms, and its successor, represent and constitute the entire agreement between you and Movie Talkies regarding your relationship with Movie Talkies supersedes any prior statements or representations and governs your use of the Website and the Service.
Notices
All notices and communications (including those related to Service, termination of Service etc.,) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address:
Movie Talkies (India) Pvt Ltd., Roop Mangal Building, 3rd Floor, 16th Road, Santracruz (West), Mumbai 400054, India.
If to a non registered User, at the communication and/or email address specified in the application form availing of a Movie talkies Service.
If to a registered User, at the communication and/or email address specified in the registration form.
Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.
