TERMS OF USE

Cinebook Entertainment Private Ltd., having its registered office at 3-222/F/32, Flat no 201, Sai Balaji Nilayam, Madhuranagar, SR Nagar Hyderabad, Telangana  500038 (hereinafter “Cinebook”, “provide the brand /trademark name under which the platform will operate” (hereinafter “We”, “Us” or “Our”) owns and operates an digital application/services under the brand name CINEBOOKthrough the website www.cinebook.in and by mobile application on android and IoS mobile devices, [“Service(s)]. “Services” shall also mean and include the subscription service where the same is opted by the User.

 

These Terms of Use along with the Privacy Policy and other documents referred to herein is a legally binding agreement (“Agreement”) between Cinebook Entertainment Private Limited and the User (hereinafter “You” and “Your”) and governs the terms of usage of the Service(s). By accessing our Website or mobile application (App) You hereby agree and consent to the terms hereof. We request you not to access our Service if You do not agree to these terms of use/Agreement. Your continued access to the Services signifies Your consent to the acceptance and also changes and modifications of the terms of use.

 

All/any information that You provide is subject to and governed by the terms of our Privacy Policy. We request you to read and understand Our Privacy Policy to know about the information that We collect and process for the purpose of providing the Service to You.

 

2. USAGE TERMS 

 

2.1          Categories

 

We may provide Services under the following categories:

 

(a)           Services provided free of charge which may include advertisement or commercials;

 

(b)          Services provided on payment of a Subscription Fee via subscription (“Subscription Services”); and

 

(c)           a pay-per-view model with or without advertisements/commercials.

 

Other categories

 

For our music Services, please refer to the Terms of Use and Privacy Policy applicable thereto.

 

For Our video & bits Services, please refer to the Terms of Use and Privacy Policy applicable thereto.

 

Your access of the Services and any features, data, message, text, image, photographs, graphics, audio, sound, voice, software, database, service information, any form of content (series, movies, sports, games etc.) as well as the interactive elements/features etc. that You utilize and host, publish, share, transact, display, upload and/or engage with in course of accessing and using the Services is governed by this Agreement.

 

2.2          To use and access the Service You will need to create a User account with Us. It is your responsibility to protect your account details from unauthorized disclosure and We donot hold any responsibility to protect your account from unauthorized disclosure and third party hacking, viruses etc.

 

2.3          You can register for a User account if You have completed the age of 18 years and are not otherwise disqualified to enter into a binding agreement with Us. Your access or the use of the Services is conditioned on your acceptance of and compliance with the condition that You have completed at-least the age of 18 years and that You are competent to enter into a binding contract with Us. If at any point of time, We suspect a violation of this condition, We reserve the right to immediately suspend the services/user account and to terminate the use of the Services, including but not limited to permanent blocking of the user account/service and the device on which the Service was accessed and/or take such other action as We deem fit. Service may be used only in accordance with this Agreement and local, state, national, and international laws, rules and regulations. If You are accepting these terms of Agreement and using the Services on behalf of a company, organization, government, or other legal entity, You represent and warrant that You are authorized to do so. We retain the right at any time to deny or suspend access to all or part of the Services to anyone who We believe will violate or has violated any of the terms of the Agreement.

 

2.4          The continuation of the Services is at Our absolute discretion and We retain Our discretion to keep the Services on hold or terminate the Services (or any features within the Services) to You without any prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to You.

 

2.5          Service can be availed through platforms, software and devices as approved by Us from time to time (“Compatible Source”). You are required to ensure that You are using a Compatible Source to avail Our Services and We do not undertake any liability to ensure that Your device is compatible with Our Services.

 

2.6          We may permit third party providers and partners to advertise or use online/internet ads on the Services or in connection with the display of any Content or information from the Services whether submitted by You, us or third parties. These online ads are tailored to Your likely interests and We may use cookies and web beacons to collect information to help determine Your likely interests. If You are using a mobile device, tablet, or streaming media device that includes an advertising identifier, then that identifier can be used to help determine Your interests.

 

2.7          You shall not be permitted to at any time amend or change the mobile number registered with Us for the purpose of the Services and/or Subscription Plan.

 

3. CONTENT

 

3.1          The content which We may make available to Our Users are:

 

3.1.1     Content which is absolutely owned by Us (“Service Content”); and

 

3.1.2     Third party content as provided by content owner/licensor/ producer/aggregator/ distributor on “AS IS” basis without any modification or involvement in creation thereof (“Third Party Content”). In this Agreement, the term “Content” shall mean “Service Content” and “Third Party Content” collectively.

 

3.2          We do not undertake any liability with respect to the Third Party Content, including but not limited to infringement of intellectual property rights, defamation, illegal content or violation of applicable laws. We do not undertake any liability to monitor any Third Party Content. We reserve the right to either review or suspend or withhold the viewing or remove any Third party Content at Our discretion, where the right to complain against such Third Party Content is expressly recognized by law. 

 

3.3          The making available of Third Party Content through the Services by Us is not an endorsement, representation or guarantee that the Third Party Content is complete, truthful, accurate, or reliable in any aspects. By accessing Our Services, You understand that You may be exposed to Third Party Content that might be offensive, harmful, inaccurate or otherwise inappropriate. We do not undertake liability for any errors or omissions in any Third-Party Content, or any loss or damage of any kind incurred as a result of the use of any Third- Party Content.

 

3.4          We reserve the discretion to classify certain Content on the basis of age preferences and such other criteria and applicable laws. Disclaimers may be provided in respect of such Content. We request parents and/or legal guardians to supervise the Content being viewed through their Subscription Plan. At any point of time, We do not undertake any liability for any access of Our Service and the viewing of the Content in violation of the age restrictions herein, by children and for any harm or injury caused thereby.

 

3.5          We may make available to You the Content through different modes, at Our discretion including via video on demand basis and permit You to download the Content for offline viewing by You. We may restrict the downloading of certain Content and may enable it for viewing within a stipulated period of time. You shall not attempt to or actually make a permanent copy thereof in any manner whatsoever. We may at any time and at our sole discretion delete or remove any Content and/or Third Party Content on any Compatible Source.

 

3.6          Access to Our Content may be dependent on the geographical location and the nature of the internet and not all Content may be available for all Users. You assume all possible risks including risks arising under the applicable laws while you are accessing Our Services from a particular jurisdiction and by accessing the Service You represent that You are complying with the applicable laws in such jurisdiction. The Services and Content may differ in place, time and are subject to parameters such as specifications, device, internet availability and speed, bandwidth, etc. We may use technologies/cookies to monitor Your internet behaviour for the purpose of giving You better user experience in accordance with Our Privacy Policy.

 

3.7       We donot permit Users to post or upload any ads, commercials as a part of the User Content and We reserve the right to block such Content, or the User or take such action as We deem fit.

 

3.8       We reserve the right to remove any Content which is abusive or is reported under the Community Guidelines. We reserve our absolute discretion to decide if the post/content is abusive or is in violation of the Community Guidelines.  We reserve our absolute discretion to block access to any User who posts abusive Content or violates Community Guidelines, either temporarily or permanently or terminate such User account/User at Our sole discretion.

 

3.9       Content such as posts, movies, songs, news, and ads may not be available after some duration. We donot undertake any obligation to preserve or store any Content which is uploaded by the User. 

 

 

4. PAID SERVICE/SUBSCRIPTION SERVICES

 

4.1          We may provide certain Content upon payment of a subscription fee which can be availed and accessed only by Users who have created a User account and opted for any of the specific subscription plan as offered on the Service, from time to time. The subscription plan can be either monthly, quarterly, half yearly, yearly or any other period and will be subject to different restrictions with different costs and subscription periods (“Subscription Plan”). We retain our discretion to decide the Content that will be made available through the Subscription Plan.

 

4.2          Subscription Plan can be accessed through the user account created in accordance with these terms upon payment of Subscription Fee. Subscription Plan/payments can only be cancelled up until provision of Services has commenced.

 

4.3          Subscription Fee may differ basing on the territory where You reside and the Subscription Plan availed by You. Subscription Fee is non-refundable. Upon successful payment of Subscription Fee, You will be able to access the Service for the duration/period as per the Subscription Plan selected by You (“Subscription Term”).

 

4.4          Your subscription plan will continue to remain active till the end of the Subscription Term, irrespective of when You cancel the Service. Post cancellation of Your subscription, if You wish to re-subscribe to the Service, You may do so from Your “Account” page.

 

4.5          You may select a payment method for the payment of Subscription Fee at the beginning of Your Subscription Term (as per the subscription plan chosen by You).

 

4.6          We do not undertake any liability for the accuracy and authenticity of the payment information provided by You, requested by the payment gateway service provider during the subscription process. We do not collect any of Your financial information and neither We undertake any liability for any misuse thereof. We do not undertake any liability for any losses whatsoever, whether direct, indirect, incidental or consequential, any losses due to delay in processing of payment instruction or any credit card/debit card/banking fraud and You shall be governed by the terms of use and privacy policy of the third-party payment gateways / service providers involved in the payment of the Subscription Fee.

 

4.7          We reserve the right to change the Subscription Plans, Subscription Fee, Subscription Term from time to time, at our discretion. Any changes shall be effective/ applicable post completion of the ongoing Subscription Term already availed by the User. We will give advance notice of such changes and upon Your continuous usage of the Service, it is deemed that You agree to the changes so notified to You.

           

5. USER OBLIGATIONS

 

5.1          As a User You are given a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use and enjoy the benefit of the Services. No portion of the Services such as features, branding/trademarks/logos, may be used in any manner whatsoever.

 

5.2          Amongst others obligations, You shall not directly or indirectly, copy, reproduce, modify, edit, re-edit, amend, alter, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, publish, distribute, circulate, disseminate, broadcast, transmit, sell, rent, lease, lend, assign, license, sub-license, disassemble, decompile, reverse engineer, exploit, digitally alter or manipulate the Service and/or any parts thereof in any manner or any mode whatsoever. Services are provided for Your non-commercial personal use and only for such period as We deem fit, in our sole discretion.

 

5.3          While accessing the Services, You shall not:

 

(i)            access, tamper with Our software systems, or the technical delivery systems of Our service providers; or

 

(ii)          probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; or

 

(iii)        access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Us; or

 

(iv)        forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or

 

(v)          interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, transmitting viruses, overloading, spamming, mail-bombing the Services, or by scripting the creation of the Content in such a manner as to interfere with or create an undue burden on the Services; or

 

(vi)        access or use the Service or the Content therein by means of any mechanism or technology which conceals Your actual geo-location or provides incorrect details of Your location [for example, use a virtual private network (VPN)].

 

5.4          User Content

 

You may post and upload feedback and/or comments/ratings(“User Reviews”) through the Service in relation to the Content provided by Us. User reviews shall also include all materials, information, publications and any other content that is posted to the Service by Users. You hereby agree that you shall be solely responsible for all the User Reviews that You publish and post through the Service.

 

You hereby agree to ensure that any User Reviews you post on the Service does not violate this Agreement including any applicable law, or the intellectual property or other rights of any third party. You agree that We are not responsible for the User Reviews posted or shared on the Service and do not claim any responsibility and/or liability in relation to the User Reviews.

 

You may not post any commercials, advertisements and/or User Content to the Service which may be directly linked and/or affiliated to a Third Party without obtaining Our prior written consent.

 

5.5          Monitoring User Reviews

 

We may, but without any obligation to do so, monitor or edit or revise User Reviews at our sole discretion. We reserve all rights to remove or disable access to any User Reviews for any or no reason. We may take these actions without any prior notification to You.

 

6. INTELLECTUAL PROPERTY RIGHTS

           

6.1          The right, title and interest in and to the Services are and will remain Our exclusive property and/or that of its licensors/owners. The Services are protected by copyright, trademark, and other applicable laws.

 

6.2          The rights, title and interest in the Intellectual Property Rights in the Service including its constituents, content, features, functions, text, images, audios, audio-visuals, literary work, artistic work, musical work, computer programme, dramatic work, sound recording, cinematograph film, artistic work, literary work, musical work, video recording, content performance as defined under the applicable laws, specifications, instructions, abstracts, summaries, audio commentaries/content, copy sketches, drawings, artwork, software, source code, object code, domain names, application names, designs, database, tools, icons, layout, programs, titles, names, manuals, graphics, animation, games, applications, user interface instructions, photographs, artist profiles, illustrations, memes, contests, interactive elements and all other elements, data, information and any other content/materials are Our property and/or its licensors and/or other respective owners. We retain complete and absolute title to the Service and all Intellectual Property Rights therein.

 

6.3          For the purposes hereof, “Intellectual Property Rights” shall mean all patents, trademarks, service marks, copyrights, database right, trade names, brand names, trade secrets, design rights and similar proprietary rights of Cinebook and/or its licensors and/or other respective owners, whether registered or unregistered and all renewals and extensions.

 

6.4          You can Contact Us if you detect or perceive any cases of copyright infringement and We will respond to such complaints, in the manner as mandated by the applicable laws.

 

7. RESERVATION OF RIGHTS

           

7.1          Without prejudice to anything contained herein, We reserve the following rights:

 

(a)           To remove or withdraw any Content on the Services and to suspend or terminate User(s), and to reclaim profile URLs without liability to You.

           

(b)          To remove any Third Party alleged to be infringing without prior notice and at our sole discretion.

 

7.2          We reserve the right to access, preserve, and disclose any information (if and only to the extent permitted under the applicable laws) as We reasonably believe is necessary to (i) enforce the terms of this Agreement, including investigation of potential violations hereof; (ii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to User support requests, or (v) protect Our rights, property or safety, its users and the public.

 

7.3          We reserve Our rights to use any feedback, comments, or suggestions that You may provide through the Services and do not undertake any obligation to act thereupon.

 

 

 

 

7.4       You shall not host, display, upload, modify, publish, transmit, store, update or share any information or content or post or make user submissions that:

(i)    belongs to another person and to which the user does not have any right;

(ii)  is harmful to child;

(iii)             is defamatory, obscene, pornographic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender libelous racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force.

(iv)             infringes any patent, trademark, copyright or other proprietary rights;

(v)  violates any law for the time being in force;

(vi)             deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

(vii)           impersonates another person;

(viii)         threatens the unity, integrity, defence, 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 other nation;

(ix)             contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

(x)   is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;

 

7.5          You understand that if Your submissions/any content uploaded by You is subject to the applicable laws and We reserve the right to disable such submission/user content at any point of time without assigning any reason.  We reserve the right to remove any submission/content/reviews or any comment uploaded by You which is not in accordance with these terms and is not in compliance with these Terms of Use, privacy Policy or the applicable laws and We still reserve the right to terminate your account/block your access to the Services/Platform/music section/account. We reserve these rights without prejudice to the right to take recourse to such remedies as would be available to Us under the applicable laws.

7.6       You understand and agree that We are not under an obligation to review the User submissions/User Reviews and may delete or remove it (without notice) in its sole and absolute discretion, for any reason or without assigning any reason.  We reserve the express right and You unconditionally give Us the consent to display the rating/review of the Content/music/video by You and make it visible to other Users, whenever You make such submissions/comments and ratings on the content/music/service/Content.  We request You not to use such features of rating/review if You donot want Your reviews/comments/submissions to be made public.  Please note that such features and their functionalities may change from time to time.

For information about the Company´s policies and practices regarding the collection and use of your personally identifiable information, You shall refer to the Cinebook Privacy Policy.

 

7.7       We reserve the rights to

(i) We reserve the right to change, suspend, or discontinue temporarily or permanently, some or all of the Services/Platform/music section/account (including the Content) for all/any Users with or without notice, at Our absolute discretion. 

(ii) We reserve the right to modify, suspend, discontinue or terminate the Service or terminate any User account for the violation of the Terms for any paid subscription, with or without any refund or credit, at Our absolute discretion. or in any manner as We deem fit.

 

7.8       We reserve Our rights to use any feedback, comments, reviews, concepts, information or material in the information submitted by You or suggestions that You may provide through the Services and donot undertake any obligation to act thereupon. We reserve the right to use any User submissions, without further compensation, acknowledgement or payment to You for any purpose whatsoever.

 

In any event, We reserve all rights not expressly granted in these terms of use.

 

8. INDEMNITY

           

You agree to indemnify, defend and hold harmless Us, Our affiliates, and their directors, key managerial personnel, employees, officers, and third party providers from and against all losses, claims and damages including legal expenses, resulting from: (i) any violation of any terms of this Agreement and applicable laws; (iii) Your violation of any third party rights, including but not limited to any publicity, privacy, or intellectual property rights; (iv) breach of any representation, warranty, covenant or undertaking under the Agreement or applicable law. The indemnification obligation will survive the expiry or termination of this Agreement and Your use of the Services.

 

9. DISCLAIMER

 

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE LIMITATION OF LIABILITY IN CONTRACTS, AND AS A RESULT, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. THE SERVICES ARE AVAILABLE “AS-IS” AND “AS AVAILABLE” BASIS. THE ACCESS TO AND USE OF THE SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT; (II) ANY HARM TO YOUR COMPUTER ,DEVICE, COMPATIBLE SOURCE OR LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, OR ANY CONTENT; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT MAINTAINED BY THE SERVICES; (IV) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE DISCLAIM ALL WARRANTIES IN RESPECT OF THE FOREGOING AND NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 

 

10.          LIMITATION OF LIABILITY

 

To the maximum extent permitted by applicable laws, We shall not be liable for any indirect, incidental, special, consequential or punitive damages or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from (i) Your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services, including but not limited to any defamatory, offensive or illegal conduct of other users or third parties; (iii) any Content obtained from the Services; or (iv) unauthorized access, use or alteration of Your transmissions or Content. The limitation of liability shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not We have been informed of the possibility of any such damages.

 

11.          ASSUMPTION OF RISK / THIRD PARTY WEBSITE LINKS

           

11.1      Our Services may contain links to third-party websites or resources. We do not undertake any liability for (i) the availability or accuracy of such websites or resources; or (ii) the content, products, advertisements, or services available on/from such websites or resources. We do not endorse such websites or the content, products, or services available from such websites or resources. You undertake sole responsibility for visiting such websites resources and assume all risk arising therefrom.

 

12.          GENERAL

  

12.1      Notices

 

All/any notices or demands or communications which may be required to be given under or in relation to this Agreement shall be in given in writing and shall be given by registered mail/certified post, or by email communication addressed to:

 

(i)            To the User at the mail address or the email address provided at the time of registration of service; and

 

(ii)          To Us at info@cinebook.in or at 3-222/F/32, Flat no 201, Sai Balaji Nilayam, Madhuranagar, SR Nagar Hyderabad, Telangana  500038.

 

12.2      Force Majeure

 

          We shall not be responsible either to You or to any other person for its delay or failure to provide the Service or perform the obligations under this Agreement or for any loss or damage caused to any person whatsoever, due to reasons beyond Our control including but not limiting to Act of God, lightening, floods, or natural disasters, disruption or unavailability of communication facilities, failure of internet, war, terrorism, cyber attack, vandalism and for any other reasons connected therewith or thereby.

 

12.3      Entirety

 

This Agreement along with the documents, records, policies referred to or incorporated in it shall constitute the entire agreement between Us and the User and shall supersede all such former communications, arrangements, understandings or agreements, written or oral between Us and the User.

 

12.4      Dispute Resolution

 

Any dispute or difference in respect of disputes arising between Us and the User except with respect to the disputes/differences herein including the breach of Intellectual Property Rights which shall be exclusively subject to the exclusive jurisdiction of the courts at Hyderabad, India, the applicable law being Indian laws, all such other disputes or differences in respect of this Agreement which cannot be settled amicably, such dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 with its amendments. The seat of arbitration shall be Hyderabad, Telangana, India and the proceedings shall be in English language. The award of the arbitrator shall be binding on both the parties to the arbitration proceedings.

 

12.5      Waiver and Severability

 

Our failure to enforce any right or provision of these terms shall not be deemed a waiver of such right or provision and in the event, any provision of this Agreement is held to be invalid or unenforceable, then such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these terms of this Agreement will remain in full force and effect.

 

12.6      Entire Agreement

 

This Agreement forms the entire and exclusive agreement between You and Us regarding the Services supersedes and replaces any prior agreements between You and Us regarding the Services.

 

12.7      Changes

 

We may revise, supplement, update and otherwise modify these terms from time to time without any further notification. Any updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be posted on the Service/website/mobile application and will be effective immediately after such posting. We recommend that you periodically check the Service/website/mobile/application for the revised terms. Your continued use of the Services will be deemed to constitute Your acceptance of any and all such revised terms.

 

12.8      Survival

 

Your representations, undertaking and warranties and the clauses related to indemnity, limitation of liability, grant of license, governing law, shall survive the efflux of time and termination of the terms of use conditions/ Agreement.

 

13.          SUPPORT

 

If you have any queries, suggestions, or operational/ technical issues, please reach out to Us at info@cinebook.in.

 

14.          OTHER SECTIONS

 

Our sections pertaining to video and bits Services are governed by their terms of use and privacy policies. We request you to read, understand and acknowledge the respective terms, privacy policies before accessing Our Services in these sections.

 

15.          GRIEVANCE OFFICER

 

If You have any complaints regarding any Content made available through Our Service or have any grievance in relation to our Services including use of the personal information under Terms of Use and or Privacy Policy, You may raise Your grievance with Us at the following contact details:

 

Name: SURESH BHEEMINENI

Designation: Grievance Officer

Contact address: 3-222/F/32, Flat no 201,

  Sai Balaji Nilayam, Madhuranagar,

 SR Nagar Hyderabad, Telangana  500038

Contact email: Info@cinebook.in                    

Contact Phone number: +91 8333801515