Mobile TV

1. Purpose
2. Registration for use of Services
3. Subscription Charges
4. Ownership of content used in service
5. Agreement to changes or updates
6. Restrictions on use of content
7. Privacy
8. Wireless Services
9. Exclusion from warranties and Liability
10. Termination
11. Applicable Law and Jurisdiction

This Agreement regulates the use of the Mobile TV services that TATA Teleservices Limited places at the disposal of users via the mobile TV platform of Apalya Technologies (hereinafter, Apalya), in order to provide them with LIVE and On Demand streaming video , and other services (hereinafter, “Services")
TATA Teleservices Limited (hereinafter referred to as , “TTSL " ), has its registered offices at Jeevan Bharti Building,10th Floor, Connaught Circus, New Delhi- 110001. TTSL has been issued license to maintain, operate under licensce issued by Departmet of Telecom, Govt of India for providing telecommunication services in various Telecom circles in India.
The access to given Services may be subject to certain conditions that TTSL and its partner for providing such Services APALYA TECHNOLOGIES (hereinafter “Apalya" “Partner") may impose. Therefore, prior to the access and/or use of such Services, the user should likewise carefully read the corresponding conditions. Your access or use of this Service constitutes your agreement to be bound to these Terms, which includes any restrictions posted or any changes that may exist when you re-access our application. If you do not agree with these Terms, do not use this Service. Discontinuing use of this Service shall not modify any conditions that apply to prior uses of the Service.

 

The access to given Services may require prior registration by the user. The use of the Service is personal and nontransferable, and its assignment, albeit temporary, to third parties is prohibited. Participation on this Application/Service is voluntary. You must be eighteen (18) years of age or older to participate in this offerings and registrations. You may also be required to meet an older minimum age requirement and agree to additional rules and terms posted on our Application/Service for participation in certain contests, sweepstakes, special events, or additional service offerings. You may discontinue registrations by calling us or unsubscribing through application.

 

User of Services shall pay consideration for use of Services. Such consideration shall be via monthly subscription charges or pay per use charges on a daily basis. User shall verify to his satisfaction the consideration option he chooses and represents and will thereafter be registered for use of this Service.

 

The content used in and for the Services, is owned and operated by certain third party content providers (“Content Provider"). Content Provider, its parent company (ies), entities under common ownership or control ("Affiliate") have granted the Partner ("Licensee") specific usage authorizations for use of Content. Content shall include the logos, images, text, tools, graphics, marks, names, photographs, sound, illustrations, design elements, materials; videos displayed or delivered for the Service.

 

The Company reserves the right to make changes by way of updates to the information it has provided users or to Content made available to users without prior notice. Any changes to these provisions will be incorporated into revised Terms that will be made available to users. Users shall have the obligation to review changes to these Terms and Conditions as and when they access the Services.

 

The user undertakes to use the Services in a diligent, correct and lawful manner and, in particular, for illustrative purposes and without being limited thereto, undertakes to refrain from:

• Utilizing the Services in a manner, for purposes and effects contrary to the Law, decency and generally accepted good conduct or public order.
• Reproducing or copying, distributing, allowing public access by any form of public communication, transforming or modifying the Services, without the authorization of the holder of the corresponding rights or unless this is legally permitted
• Infringing the intellectual or industrial property rights belonging to Company, Partner or to third parties.
• Using the Services and, in particular, information of any type obtained via the Service for any other commercial purpose.
• Interrupts, destroys, alters, damages, delays, floods or limits the functionality or integrity of this application, Content or any service, including any associated software, hardware, or telecommunications or wireless equipment;
• Manipulates identifiers or numeric information to disguise the origin of any user, device, material or other information;
• Infringes on any patent, trademark, trade name, service mark or name, copyright, trade secret, or other proprietary right of any Content;
• Contains unauthorized advertising, advertises Content as user’s own;
• Otherwise violates the Terms of this Agreement.

Use of Content for any purpose not expressly permitted herein is prohibited. Users may not copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, store, re-use, adapt, incorporate or create a derivative work of, in any manner, any Content obtained from this Application other than as provided herein.
The user will be liable for damages of any type that Company or Partner may directly or indirectly sustain as a result of the breach of any of the obligations deriving from this Agreement, the corresponding general conditions or the Law in relation to the use of the Services.
Company will at all times monitor the respect for the legal system in force, and will be legitimated at its entire discretion to interrupt the Services or exclude the user from the use of Service in case of the complete or incomplete commission of any of the offenses or faults typified by the Criminal Code in force, or in the event of the observance of any conducts that, in the opinion of Company, are contrary to decency, order, good conduct or the internal rules of Company or its Partner or that may disrupt the proper operation, image, credibility and/or prestige of Company or its Partner.

 

Company and Partner, fully conscious of the use and handling that should be given to personal data and by virtue of legislation in existence to this respect, has implemented a system in its organization to preserve the security, integrity and confidentiality of any data considered personal. Company informs the users that the data furnished to us by means of any of our Services will be included in an automated file property of this Company. Such data will be utilized for managing the relationship with users, to expand and improve the Services, to manage their contact with us, to attend to their requests, and for future deliveries. By furnishing information to the Company and owing to the contracting and rendering of any Service, the user is authorizing the use of information provided.
The user may access his/her personal data, rectify, cancel or oppose the processing thereof by communicating with the Company. The failure to provide such data may prevent Company from rendering all those Services associated with such data, releasing it from any liability for the non-rendering or incomplete rendering of these Services.

 

The Services are provided through wireless carrier networks. Also certain Services available through wireless or other electronic devices may involve

• communications over various networks, servers or devices prior to reaching its intended recipient;
• changes to adapt to multiple security requirements; and
• changes to adapt to technology requirements of various networks.

Users understand that such automated communications and changes are beyond the control of Company once Content or other information leaves the Company network or servers. Company and its Affiliates are not liable or responsible for any consequence or damage resulting, directly or indirectly, from such automated communications or changes. Users must comply with any additional end user licensing restrictions in connection with wireless services. Users understand and agree that Company, at its sole discretion, may discontinue or terminate any wireless or other services at any time and without notice.

 

Partner reserves the right to interrupt access to the Services without prior notice, whether for technical, security, control or maintenance reasons, failures in the power supply or for any other reason. Partner uses reasonable efforts to ensure the correctness of Content appearing while using the Service; however, the Application and service offerings may occasionally contain Content, that maybe inaccurate or incomplete. Partner makes no representations and extends no warranties regarding Content or Service accuracy, validity, timeliness or that usage will be error-free. Application information or Content may not be updated on a daily basis and may not be the most current information available. Although Partner may post updated content and Information it may continue to allow access to the original Content or may change the original information to reflect new developments.
Company will not be liable in the event of interruptions to the Services, delays, errors, malfunctioning thereof and, in general, any other inconveniences arising from causes beyond the control of Company , and/or due to a fraudulent or negligent act of the user and/or due to causes of Force Majeure. The concept of Force Majeure shall furthermore include all those events occurring beyond the control of Company, such as: failures of third parties, operators or service companies, Government acts, lack of access to third party networks, acts or omissions of public authorities, any others occurring as a result of natural phenomena, blackouts, etc. and the attack of hackers or third parties specialized in the security or integrity of the computer system, providing that Company and/or Partner has adopted reasonable security measures in accordance with the state of the art. In any event, regardless of the cause thereof, Company and/or will assume no liability whatsoever for direct or indirect damages, consequential damages and/or loss of profit.
Company and Partner exclude any liability for damages of any type that may be due to the lack of veracity, accuracy, thoroughness and/or currency of the Services transmitted, stored, placed at disposal or received, obtained or that may have been accessed for Services rendered or offered by third persons or entities. To this regard, Partner and Company have no obligation to control and does not control the Content transmitted, disclosed or placed at the disposal of third parties by users or collaborators, except in those cases in which legislation in force so requires or when required by a competent legal authority.

 

Any conduct that in any way violates these Terms or any posted restrictions or guidelines may result, in our sole discretion, in the termination of user participation, registrations and/or our pursuit of any legal damages or remedies. If necessary, or as authorized under applicable law, we may cooperate with local, state and/or central authorities to protect our application/service, the Content, the Company, its parents, Affiliates, Licensors and/or Users; to comply with applicable laws; or to prevent unauthorized access or use of this Application/Service or Content. We retain the right to deny access to our Application/Service, in our sole discretion, to any Users for any reason, including for any violation of these Terms.

 

India law will be applicable. For those cases in which legislation envisages the possibility of the parties to submit to jurisdiction, both parties submit to the Courts and Tribunals of the city of Mumbai (India), expressly waiving any other that may be available to them.