This document is an electronic record in terms of
Information Technology Act, 2000 and rules there under as applicable and
the amended provisions pertaining to electronic records in various statutes as amended
by the Information Technology Act, 2000. This electronic record is generated by
a computer system and does not require any physical or digital signatures. This
is a legal agreement between you, the user (‘You’) of the Services, as defined
below, and Star India Private Limited stating the terms that govern Your use of
the Site, as defined below. If You do not agree to these Terms and Conditions,
you are not entitled to use the Services and any use thereafter shall be
unauthorized.
Description of Service and
Acceptance of Terms of Use
Star India
Private Limitedis a company incorporated under Companies Act, 1956, having its
registered office at STAR House, Off. Dr E. Moses Road, Mahalaxmi, Mumbai-
400011, India (“Star”). Star
provides an online website of its channel ‘STAR GOLD’ www.stargold.in (“Site”) as an
interactive platform for its viewers to interalia
view schedules of the serials and programs, trailers of upcoming serials,view
videos and/or photos of their favorite characters on serials, read recaps of
serials, etc. on the Site and any other features, tools, applications,
materials, or other services offered from time to time by Star in connection
with its business, provided on the Site (“Content”)
and post comments, participate in contests (collectively with Content, referred
to as “Services”)
Use of the
Services is subject to compliance with these Terms of Use ("Terms of
Use" or "Terms" or “Terms
and Conditions”).
By
visiting the Site or using any of the Services You are agreeing to these Terms
and Conditions. Unless otherwise specified, the Service is available for
individuals aged 18 years or older. If You are under the age of 18, You should
review these Terms and Conditions with Your parent or legal guardian to make
sure that You and Your parent or legal guardian understands and agrees to it on
Your behalf and further if required, You shall perform or undertake such
activities which will entitle You to enter into a legally binding agreement
with STAR. Your access to and use of the Services is subject to these Terms and
Conditions, Privacy Policy and all applicable laws. Star may at any time revise
these Terms and Conditions and Privacy Policy by updating this posting which
will be communicated to You. You shall be bound by any such revisions.
Participation
in any contest and or game on the Site conducted by Star shall be subject to
such further terms and conditions as may be notified by Star from time to time
on the Site or otherwise.
Electronic Communications
When You
use/avail the Services or send any data, information or communication to Star,
You agree and understand that You are communicating with Star through
electronic records and You consent to receive communications via electronic
records from Star periodically and as and when required. Star will communicate
with You by email or any push or other message or electronic records on the
email address and or mobile number available with Star which will be deemed
adequate service of notice / electronic record.
The
Content which is viewed on the Site is copyrighted material of Starand/or
Star’s licensors, and shall not be used except as provided in these Terms and
Conditions, without the written permission of Star.
Access and Use of the Services
Star grantsYou
a non-exclusive limited license to use the Services on the Sitefor personal,
non-commercial purposes as set forth in these Terms and Conditions.
By
agreeing to use/avail the Services:then please contact
Termination
of Service
Star
reserves the right to immediately terminate or restrict Your account or Your
use of the Services or access to Content at any time, without notice or
liability, if Star determines in its sole discretion that You have breached
these Terms and Conditions, violated any law, rule, or regulation, engaged in
other inappropriate conduct, or for any other business reason.
User
Reviews, Comments and Other Material
You may have
an opportunity to publish, transmit, submit, or otherwise post (collectively,
"Post") only reviews or comments (collectively, "User Material"). You agree that
Star shall have the rightbut have no obligation, to monitor User Material and
to restrict or remove User Material that Star may determine, in its sole
discretion, is inappropriate or for any other business reason. You must adhere
to the below terms and conditions and not host, display, upload, modify,
publish, transmit, update or share any information that:
(a)
belongs to another person and to which You do not have any right to;
(b) is
grossly harmful, harassing, blasphemous defamatory, obscene, pornographic,
pedophilic, libellous, invasive of another's privacy, hateful, or racially,
ethnically objectionable, disparaging, relating or encouraging money laundering
or gambling, or otherwise unlawful in any manner whatever;
(c) harm
minors in any way;
(d)
infringes any patent, trademark, copyright or other proprietary rights;
(e)
violates any law for the time being in force;
(f)
deceives or misleads the addressee about the origin of such messages or
communicates any information which is grossly offensive or menacing in nature;
(g)
impersonate another person;
(h)
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
resource;
(i)
threatens the unity, integrity, defense, security or sovereignty of India,
friendly relations with foreign states, or public order or causes incitement to
the commission of any cognizable offence or prevents investigation of any
offence or is insulting any other nation. You also represent and warrant that
the Posting of your User Material does not violate any right of any party,
including privacy rights, publicity rights, and intellectual property rights.
You
acknowledge that Star does not guarantee any confidentiality with respect to
any User Material.
By Posting
the User Material, You hereby grant Star a license to use, display, reproduce,
distribute, modify, delete from, add to, prepare derivative works of, publicly
perform, and publish such User Material worldwide, including on or through any
Property, in perpetuity, in any media formats and any media channels now known
or hereinafter created. The license You grant to Star is non-exclusive,
royalty-free, and sub licensable.
In no
event does Star assume any responsibility or liability whatsoever for any User
Material, and You agree to waive any legal or equitable rights or remedies You
may have against Star with respect to such User Material.
If you
have any complaints relating to any User Material uploaded on the site, then please contact: hello@startv.com
Your email, which must bear your digital
signature or a signed written complaint should include
the following information:
Star shall take all reasonable measures, including
taking down the objectionable Post expeditiously. You agree and acknowledge
that Star’s responsibility in relation to objectionable Posts is limited to
removing them post receipt of Your objections in accordance with this Terms of
Use and Star shall not be responsible or liable for any other damages or losses
incurred by You of any nature whatsoever.
Linked Destinations and Advertising
Part of this Site contains advertising and other
material submitted to us by third parties. Although acceptance of
advertisements on the Site on request is subject to our terms and conditions,
we expressly disclaim any liability arising out of the usage of these products
or services advertised on our Site. This Site may contain articles contributed
by several individuals. The views are exclusively their own and do not
represent the views of Star or its management. All liability is excluded to the
extent permitted by law including any implied terms. Indian law and
jurisdiction applies with respect to contents of this Site. While using this
website for information purposes or otherwise, users acknowledge and accept the
above disclaimer.
If Star
provideslinks or pointers to other websites or destinations, You should not
infer or assume that Star operates, controls, or is otherwise connected with
these other websites or destinations. When Youclick on a link within the
Services, Star will not warn You that You have left the Services and are
subject to the Terms and Conditions (including privacy policies) of another
website or destination. In some cases, it may be less obvious than others that
you have left the Services and reached another website or destination. Please
be careful to read the terms of use and privacy policy of any other website or
destination before you provide any confidential information or engage in any
transactions. You should not rely on these Terms and Conditions to govern your
use of another website or destination.
Star is
not responsible for the content or practices of any website or destination
other than the Site, even if it links to the Site and even if the website or
destination is operated by a company affiliated or otherwise connected with
Star. By using the Services, You acknowledge and agree that Star is not
responsible or liable to You for any content or other materials hosted and
served from any website or destination other than the Site.
Star takes
no responsibility for advertisements or any third party material Posted on any
of the Properties, nor does it take any responsibility for the products or
services provided by advertisers. Any dealings You have with advertisers found
while using the Services are between You and the advertiser, and You agree that
Star is not liable for any loss or claim that You may have against an
advertiser.
Support
If You
have any questions, complaints or claims with respect to the STAR App, then
such correspondence should be directed to the address as given below.
STAR India
Private Limited
The
contact information – hello@startv.com
Disclaimer
of Warranties
You agree
that use of the Services is at Your own risk. The Services including the Site, the
Content, the Video Player, user material and any other materials contained on
or provided through the Properties are provided “AS IS” and, to the fullest
extent permitted by law, are provided without warranties of any kind, either
express or implied.Without limiting the foregoing, Star does not make any
warranties of fitness for a particular purpose, title, merchantability,
completeness, availability, security, compatibility or non-infringement; or
that the Services will be uninterrupted,
free of viruses and other harmful components, accurate, error free or reliable.
Limitation of Liability
IN NO CASE
SHALL STAR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS,
CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE
OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF OR FOR ANY OTHER CLAIM
RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL
THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIAL, OR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR
MATERIAL THEREOF, EVEN IF ADVISED OF THEIR POSSIBILITY. WHERE THE LAWS DO NOT
ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, STAR'S LIABILITY SHALL BE LIMITED TO
THE EXTENT PERMITTED BY LAW.
Indemnity
You agree
to defend, indemnify and hold harmless Star, its affiliates, officers,
directors, employees and agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but
not limited to attorney's fees) arising from: (i) Your use of and access to the
Services; (ii) Your violation of any term of these Terms and Conditions; (iii)
Your violation of any third party right, including without limitation any
copyright, property, or privacy right; and (iv) Your breach of any applicable
laws. This indemnification obligation will survive the expiry or termination of
Terms and Conditions and Your use of the Service.
Governing
Law
The
relationship between You and Star shall be governed by the laws of India
without regard to its conflict of law provisions and for resolution of any
dispute arising out of Your use of the Services. Notwithstanding the foregoing,
You agree that Star has the right to bring any proceedings before any
court/forum of competent jurisdiction and You irrevocably submit to the
jurisdiction of such courts or forum.
Severability
If any
provision of these Terms and Conditions is held invalid, void, or
unenforceable, then that provision shall be considered severable from the
remaining provisions, and the remaining provisions given full force and effect.
Changes
Star
reserves the right, at any time and from time to time, to update, revise,
supplement, and otherwise modify this Terms of Use 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 be posted on the Website and will be effective immediately after such
posting and thereafter incorporated into this Terms and Conditions . Your
continued use of the Services will be deemed to constitute your acceptance of
any and all such Additional Terms.
Entire
Agreement
These
Terms and Conditions and Privacy Policy constitute the entire agreement between
You and Star governing Your use of the Services, superseding any prior
agreements between You and Star regarding such use.