This document is an electronic record in terms of Information Technology Act, 2000 and Rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Prism TV Private Limited is a company incorporated under Companies Act, 1956, having its registered office at 1-10-76, Fair Fields, Begumpet, Hyderabad-500 016 (“Prism”). Prism provides an online website of its channels ‘COLORS Bangla, COLORS Gujarati, COLORS Kannada, COLORS Marathi and COLORS Odia (“Website”) 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 Website and any other features, tools, applications, materials, or other services offered from time to time by Prism in connection with its business, provided on the Website and post comments, participate in contests.
In this terms and conditions of use (“Terms & Conditions”), “User” refers to you, the person visiting, accessing and/or using our Website and Prism all references to “You” and “Yours” shall mean the User. All references to the “Company”, “We”, “Us” and “Our” shall mean Prism.
By accessing and/or using the Website, You will be deemed to be the User of the Website having accepted all of the binding Terms & Conditions herein. If You do not agree with any or all of the following Terms & Conditions, please do not access and/or use the Website.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms & Conditions at any time without prior notice. Such changes and/or modifications shall become effective immediately upon being posted herein.
Please review the Terms & Conditions from time-to-time. Your continued use of the Website following the posting of changes and/or modifications will constitute Your acceptance of any revised Terms & Conditions.
(1) ACCESS TO THE WEBSITE
(2) OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
(i) For the purpose of this Clause 2, the following terms shall have the meaning as ascribed to them below:
“Intellectual Property Rights” shall mean all patents, trademarks, service marks, copyrights, database right, trade names, brand names, trade secrets and design rights and similar proprietary rights of Prism or its associated companies worldwide whether registered or unregistered and all renewals and extensions.
(ii) All rights, title and interest in the Intellectual Property Rights in the Website including without limitation all its constituents including without limitation concepts, ideas, specifications, instructions, abstracts, summaries, copy sketches, drawings, artwork, artistic elements, software, program, source code, object code, comments on the source code and object code, schematics, database, tools, icons, layout, name, title, names of segments/levels, descriptions, files, improvements, corrections, fixes, design, backend systems, end-user documentation, documentation relating to development, function, operation and use, build instructions, design manuals, codes, user manuals, background-story, graphics, animation, funny content, user interface instructions, project documentation, demos, screen text, images, photographs, artist profiles, illustrations, graphics, jokes, content, audio, videos, audio-clips, video-clips, narratives, listings, and all other elements and materials (“Materials”) are the property of Prism and/or its associated companies, and/or its licensors and/or other respective owners and are protected, without limitation, pursuant to Intellectual Property Rights laws of India and other countries. Prism retains full, complete and absolute title to the Material and all Intellectual Property Rights therein.
(iii) In the event You download any files, data, images incorporated in or generated by Website, the same are non-exclusively licensed to You by Us only for Your non-commercial personal use and only for such period as We may be solely deem appropriate. You shall not use, redistribute, sell, decompile, reverse engineer, disassemble or otherwise exploit the same in any manner whatsoever.
(iv) In the event the Prism makes available for download any software from this Website, the software, including any files, images, videos etc. incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are non-exclusively licensed to you by Prism only for your non-commercial personal use. You shall not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.
(v) We grant You a personal, non-exclusive, non-assignable, revocable, limited and non-transferable license to access and use the Website, for non-commercial use only. Nothing contained herein should be construed as granting, by implication, estoppels or otherwise, any license or right in and to the Website, any of the Materials and/or trademarks or service marks used in the Website.
(vi) You expressly confirm not to, directly or indirectly, copy, reproduce, modify, edit, re-edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, publish, distribute, circulate, communicate to the public, disseminate, broadcast, transmit, sell, rent, lease, lend, assign, license, sub-license, disassemble, decompile, reverse engineer, market, promote, circulate and exploit the Website (including any and all Materials thereto) (in whole or in part) in any manner, medium or mode now know or hereinafter developed.
(3) USER’S POSTS
(i) In the event the Website allows Users to post and exchange information, ideas, text, pictures, videos, audios, images, chats, contest entries, opinions. etc. (“Posts”/ “Submissions”), the Posts do not reflect the views of Prism. In no event shall Prism be held responsible for any Posts, nor does Prism represent or endorse the accuracy or reliability of any advice, opinion, statement, suggestion or other information on the Posts, nor shall Prism be liable for any loss or damages resulting from their use and/or appearance on the Website.
(ii) By providing a Post to the Website, You undertake, represent and warrant to Prism that the Post is original, does not infringe the rights of any third party including without limitation Intellectual Property Rights, is not defamatory and that you have all necessary rights in and to that Post and all information it contains and that no such Post shall infringe any rights, of third parties, including without limitation, Intellectual Property Rights or other rights of any third parties or be otherwise defamatory, slanderous or hurtful to any person, particular , entity, groups, caste, religion, race or community. If You make any Posts on the Website, You shall be deemed to have waived any rights, interest and ownership in the Post. You further agree to waive any moral rights and to assign any performance rights in any such Post in relation to its use by Prism and/or its Associated Companies.
(iii) By submitting a Post, You grant Prism and its Associated Companies, a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license to use, and authorize others to use the Post in whole or in part, in any and all media, now known or hereinafter developed, alone, or together or as part of any other type of material of any kind or nature. You agree that in such circumstances, You are not entitled to any intimation or compensation from Prism and/or its Associated Companies.
(iv) Prism will have the right but no obligation to monitor, remove, suspend, destroy, use and change any Post and/or content that is available on or via any chat area on our Website generally, if any, in any manner that Prism may its sole discretion determine, at any time. Although Prism may endeavour to periodically monitor the content posted on the Website, Prism will not be responsible for the views or opinions expressed by third-parties on the Website.
(v) In the event Prism hosts or puts up any reviews of any movies or programs, whether third party or own content (“Programs”) or other such views (“Comments”) then the Comments shall demonstrate only the author’s views and not the views of Prism. Any artwork, images, videos or audios hosted on the Website shall be merely for promotion of the Programs.
(vi) You agree that You will not use any part of our Website and/or Post and/or Submission to:
(a) collect, store and/or identify private/personal information of any user or person;
(b) facilitate personal attacks on other individuals, entity, groups, caste, religion, race or community;
(c) upload, post or e-mail any content that is defamatory, obscene, pornographic, threatening, harassing, unlawful, harmful, abusive, tortious, profane, hateful, or racially, ethnically or otherwise objectionable and/or other information that Prism in its sole discretion deems inappropriate;
(d) harm children in any way including without limitation any offences in relation to grooming children online under law;
(e) impersonate any person or entity, falsely state or otherwise misrepresent Your affiliation with a person or entity or disguise the origin of any content;
(f) stalk or otherwise harass another person or user;
(g) upload, post or e-mail any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships;
(h) upload, post or e-mail any content that infringes privacy rights, intellectual property rights or other third-party rights of any person or party;
(i) upload, post or e-mail any unsolicited or unauthorized advertising, promotional materials, junk- mail, spam, chain-letters or any other form of solicitation;
(j) upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, devices, platforms or telecommunications equipment and/or the Website;
(k) disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the chat areas are able to type, or otherwise act in a manner that adversely affects other users’ ability to engage in real time exchanges;
(l) promote and/or generate revenue for Yourself and/or any third-party business activity; and/or
(m) violate any applicable national or international laws, regulations, rules and/or guidelines.
(4) CONTESTS AND PROMOTIONS
Any and all contests, promotions and campaigns hosted or conducted on the Website are subject to the contest/campaign terms and conditions (“Contest T&Cs”) as set out on the Website and you are requested to read the Contest T&Cs as well as Website T&Cs before participating in the same and upon participation it shall be deemed that the participant has read and understood the Contest T&Cs. Website T&Cs are deemed incorporated by reference into Contest T&Cs provided in respect of a particular activity.
(5) DISCLAIMER AND LIMITATION OF LIABILITY
By accessing and/or using the Website, You have read, understood and agree to be legally bound by the terms of this disclaimer.
By accessing and/or using the Website, You have read, understood and agree to be legally bound by the terms of this disclaimer.
(a) disclaims any and all express or implied representations, warranties and/or conditions of any kind, including but not limited to warranties of completeness, accuracy, reliability, suitability, fitness, merchantability, availability, quality, fitness for any purpose, non-infringement, compatibility and/or security;
(b) is not responsible or liable for any infection or contamination of Your system arising out of or in connection with Your use of the Website or any connected Website and does not warrant that the Website, the server(s) that make the Website available or any connected Websites are free from viruses, trojan horses, worms, software bombs or similar items or processes or other harmful components;
(c) is not responsible or liable for interruptions, delays, inaccuracies, errors, or omissions arising out of Your use of the Website or any connected Website or with respect to the material, Posts or Submissions thereon; and
(d) does not warrant that the Website, or any connected Website, any materials, third-party content, goods and services offered will be uninterrupted or error free.
(ii) Every effort is made to keep the Website running smoothly. However, Prism takes no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond our control.
(iii) The entire risk as to the quality, accuracy, adequacy, completeness, fitness, correctness and validity of any material and use of and access to the Website or any connected Website rests solely with You.
(iv) The Website may contain links to other Websites which are not under the control of Prism. Any Website you visit by a link from the Website is solely the responsibility of the vendor, merchant, or other party providing the Website. The content of, including materials and information contained on, any Website to which You link from the Website is solely the responsibility of the provider of that Website. Any transactions that you enter into with a vendor, merchant or other party listed in this Website or linked from this Website are solely between You and that vendor, merchant or other party. We are not responsible for any such third-party content that may be accessed via the Website, nor the organizations publishing those Websites, and hereby disclaim any responsibility and liability for such content. The inclusion of any links does not constitute or imply an endorsement or recommendation by Us of the third-party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by You as a result of an advertisement or any other information or offer in or in connection with the Website.
(v) To the fullest extent permissible by law, Prism, its Associated Companies, and their respective directors, employees, officers, shareholders, agents, representatives, sub-contractors, consultants and third-party providers shall not be liable for any loss or damage and/or claims of any kind (whether in contract, tort or breach of statutory duty or otherwise) arising out of or in connection with the Website and/or Materials and/or Posts and/or Submissions and/or any connected Website including without limitation:
(a) indirect or consequential loss;
(b) loss of profits or revenue or savings or other economic loss;
(c) incidental, direct, or special loss or similar damages;
(d) loss of or damage to data;
(e) loss of business or goodwill; and/or
(f) wasted or lost management time, even if advised of the possibility of such loss or damage or if such loss or damage was foreseeable. Notwithstanding the foregoing, in no event shall Prism’s or its Associated Companies’ liability to you for any and all losses or damages (whether in contract, tort, breach of statutory duty or otherwise) exceed the amount paid by You, if any, for accessing the Website.
(vi) Notwithstanding the foregoing, in no event shall Prism’s or Associated Companies’ liability to You for any and all losses, damages or claims (whether in contract, tort, breach of statutory duty or otherwise) exceed the amount paid by You, if any, for accessing the Website.
(vii) If You are dissatisfied with the Website or with these Terms & Conditions, Your sole and exclusive remedy is to discontinue accessing or using the Website.
(6) INDEMNITY AND LIMITED LIABILITY
(i) You agree to fully indemnify, defend and hold harmless Prism, its Associated Companies, and their respective directors, employees, officers, shareholders, agents, representatives, sub-contractors, consultants and third-party providers from and against all losses, claims and damages including reasonable legal fees, resulting from any breach of these Terms & Conditions by You.
(ii) Prism reserves the right to assume, at its sole expense, the exclusive defence and control of any matter subject to full indemnity by You, in which event You agree to fully co-operate with Prism in defending any action or potential action.
(iii) To the fullest extent permitted by applicable law, Prism excludes all liability for any direct, indirect, incidental, special or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from:
(a) the use or the inability to use the Website;
(b) the cost of procurement of substitute goods and services resulting from any goods or services purchased or obtained or transactions entered into through or from the Website; or
(c) unauthorized access to or alteration of Your transmissions or data, even if Vaicom18 has been advised of the possibility of such damages.
(iv) You further agree that Prism is not responsible or liable to You for any threatening, defamatory, obscene, offensive or illegal conduct of other users or any infringement of another’s rights, including intellectual property rights, privacy rights, etc. occurring on or through the Website.
(7) THIRD PARTY HYPERLINKS
The appearance of external hyperlinks/banners/advertisements and/or other elements generated by third-parties on the Website does not constitute endorsement by Prism and/or its Associated Companies of the opinions or views expressed by such third-party Websites. Prism does not verify, endorse or take responsibility for the accuracy, currency, fitness, completeness or quality of the content contained on these third-party Websites. Furthermore, Prism is not responsible for the quality of or delivery of any products or services offered, accessed, obtained by or advertised at such third-party Websites. As such, neither Prism nor its Associated Companies will be responsible for content provided on any third-party Websites, and further Prism will under no circumstances be liable for any direct, indirect, incidental or special losses, claim or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party hyperlinked Websites. All such advertisings are of the relevant third-party advertiser and are not endorsements or recommendations by Prism and/or its Associated Companies. You should refer to the relevant advertiser for information on its products and/or services.
(8) NOTICE & TAKE DOWN PROCESS
Prism does not endorse any content submitted to the Website by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and Prism expressly disclaims any and all liability in connection with such content. Prism does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Prism will remove all content if properly notified that such content infringes on another’s intellectual property rights. Prism reserves the right to remove any content (including User content) without prior notice.
Prism further reserves the right to decide whether the content violates these Terms & Conditions for reasons other than copyright infringement, such as, but not limited to, defamation, pornography, obscenity, excessive length, etc. Prism may at any time, without prior notice and in its sole discretion, remove such content and/or terminate a User’s account for submitting such material in violation of these Terms & Conditions.
Prism operates a clear copyright policy in relation to any content alleged to infringe the copyright of a third party. As part of Prism’s copyright policy, Prism will terminate User access to the Website if a User has been determined to be an infringer.
If you believe your copyright-protected work was posted on the Website without authorization, you may submit a copyright infringement notification. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf.
The fastest and easiest way to notify Prism of alleged copyright infringement is by sending a notification to Mr. Sreedhar at firstname.lastname@example.org . If you choose to request removal of content by submitting an infringement notification, please remember that you are initiating a legal process. Do not make false claims. Misuse of this process may result in the suspension of your account or other legal consequences.
Prism reserves the right to terminate Your access to all or part of the Website, with or without notice.
(i) These Terms & Conditions contain the entire understanding between You and Prism and supersede all prior understanding of the User and Prism in respect of the User’s access and/or use of the Website.
(ii) If any provision of these Terms & Conditions is found to be illegal, invalid or unenforceable, then to the extent to which such provision is illegal, invalid or otherwise unenforceable, it shall be severed and deleted and the remaining provisions shall survive and remain in full force and effect and continue to be binding and enforceable.
(iii) Unless otherwise specified, the Website is presented solely for the purpose of entertainment and promoting programs and other products available in India. Prism makes no representation that the Website is appropriate or available for use in locations other than India. Those who choose to access the Website from locations other than in India, do so on their own initiative and risk, and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
(v) These Terms & Conditions shall be governed by and construed in accordance with the laws of the India and be subject to the exclusive jurisdiction of the Courts at Hyderabad, without giving effect to any principles of conflicts of law.