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These terms of use (“Terms of Use”) govern the use of an individual User’s (“User“, “You“, or “Your”) access to or use of application named SPNI ACE (collectively and individually referred to as “Application”) owned, controlled and operated by Sony Pictures Networks India Private Limited having its registered office at Interface Building 7, Floor 4-5, Malad (West), Mumbai – 400064, India (“SPN”).
The Application is available to only to the SPNI employees, SPNI contractors and associated partners of Multiple System Operators (MSOs) for DTH and Cable, Internet Protocol television (IPTV), Headend in the Sky (HITS) and Local Cable Operators (LCOs) associated with SPNI (“Users”). If you do not fall under any of the above category of Users and are accessing this Application, please note that this Application will not be available to you
To register for the Application, you shall be required to do the following:
Open an account by completing the registration process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form). You also will choose a password and a username.
You are entirely responsible for maintaining the confidentiality of your password and account. You expressly agree to absolve SPN and/or the Application of any responsibility / liability in this regard.
By registering on the Application, you agree to the Terms stated herein and in addition to any other specific terms which shall be posted at an appropriate location of the Application. Each registration is for a single individual user only.
To access the Application, You will be asked to enter your email ID or mobile number and enter the OTP number received on the email ID or mobile number as provided or log-in using the social media platform, as chosen by you during your registration.
Access through a single account and password being made available to multiple users on a network:
If SPN reasonably believes that an account and password is being used / misused in any manner, SPN reserves the right to cancel access rights immediately without notice, and block access to all users from that IP address. Furthermore, you shall be entirely responsible for any and all activities that occur under your account. You agree to notify SPN immediately of any unauthorized use of your account or any other breach of security. SPN will not be liable for any loss that you may incur as a result of someone else using your password or account, however, you could be held liable for losses incurred by SPN or another party due to someone else using your account or password.
Geographic Limitation: You may access this Application only in geographic locations where SPN offers the Application. The Application Services that may be available to view will vary by geographic location. SPN may use technologies to verify your geographic location.
During your use of this Application or the Application Services, you shall not host, display, upload, modify, publish, transmit, update or share any information and/or content which:
Is false, inaccurate or misleading.
infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address orphone number) or rights of publicity].
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, hateful, orracially, ethnically objectionable, disparaging, relates to or encourages money laundering or gambling, or otherwise unlawful in any manner whatever.
involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”.
promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computerprograms or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files.
contains restricted or password-only access pages, or hidden pages or images(those not linked to or from another accessible page).
tries to gain unauthorized access or exceeds the scope of authorized accessto the Application or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Application or solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
interferes with another user’s use and enjoyment of the Application.
harms minors in any way.
violates any law for the time being in force.
impersonate another person.
contains software viruses or any other computer code, files or programsdesigned to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.
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.
shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for thetime being in force.
shall not contain any negative, denigrating or defamatory statement(s) or comment(s) about SPN or the brand name or domain name used by us, or otherwise engage inany conduct or action that might tarnish the image or reputation of SPN or otherwise tarnish or dilute any SPN’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us.
maintain any link to the Application Services that we ask you to remove, in our sole discretion.
advertises or promote goods or services without our permission (including, without limitation, by sending unsolicited email).
disassemble, decompile or otherwise reverse engineer any software or other technology included in or used to provide the Application Services.
transmits, collects, or accesses personally identifiable information about other users without the consent of those users and SPN.
engages in unauthorized spidering, “scraping,” data mining or harvesting of the Application, or use any other unauthorized automated means to gather data from or about the Application Services.
Your access and use of Application shall be subject to Your compliance with the following:
You will abide by all copyright notices, information, and restrictions contained in the content of Application or associated with Application;
You will not remove, alter, interfere with or circumvent any copyright, trademark, watermark, or other proprietary notices marked/displayed on Application;
You will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geo-filtering and/or encryption) associated with Application;
You will be responsible for maintaining the confidentially of any username or password associated with access to Application (including, without limitation, in those instances in which Application uses the account creation mechanism and management of a third-party’s social network, website or device), and You are solely responsible for all activities that occur by use of Your username and/or password;
You will not access or use Application 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 instance, use a VPN); and
You will use Application at all times in compliance with these Terms of Use and all applicable laws.
Application may link to, integrate with, or incorporate third-party content, sites, services, or platforms, including advertisers, online merchants, and social networks (“Third-Party Services”). SPN does not necessarily endorse or evaluate Third-Party Services and does not assume responsibility for any such third-party’s actions or omissions. You should review terms of use and privacy policies of such Third-Party Services before use. Your dealings with Third-Party Services are solely between You and the applicable Third-Party Service. SPN remains an intermediary, as defined under the Information Technology Act, 2000 in the territory of India and/or under legislations in territories outside of India with regard to such Third-Party Services.
SPN makes no representation that every aspect of the Application Service is appropriate or available for use in any particular jurisdiction. When you choose to access and use the Application, you agree that:
If there is a conflict between any of the terms herein and your rights in your place of residence, your rights under applicable law will control as to those specific terms.
The Application is owned and controlled by SPN and the content, trademarks, logos, graphics, service marks etc. displayed on Application (“Marks“) are the property of SPN or, as the case may be, its vendors/seller or respective third parties.
You must not copy, reproduce, republish, upload, post, transmit or distribute the Marks in any way, including by e-mail or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of SPN, no element of Application (including the Marks) may be used or exploited in any way other than as part of Application. Through Your use of Application, by no means are any rights impliedly or expressly granted to You in respect of such Services and Marks. SPN reserves the right to change or modify the Services and Marks from time to time at its sole discretion.
You expressly agree that Your use of Application is at Your sole risk. Application, all the materials, content and services, included on or otherwise made available to You through Application are provided on “as is” and “as available” basis without any representation or warranty, express or implied.
Neither SPN nor any of its affiliates make any warranties or representations about the accuracy or completeness of content and services available on or through Application and assume no liability or responsibility for any:
errors, mistakes, or inaccuracies of content.
personal injury or property damage, of any nature whatsoever, resulting from Your access to or use of Application (or any parts thereof).
unauthorized access to or use of SPN’s secure servers and/or any and all personal information stored therein.
interruption or cessation of transmission to or from Application.
bugs, viruses, or the like which may be transmitted to or through Application (or any parts thereof) by any third-party.
information on Application being complete, true, accurate or non-misleading.
non-availability of Application during periodic maintenance operations or any unplanned suspension of access to Application that may occur due to technical reasons or for any reason beyond SPN’s control.
loss or damage of any kind incurred as a result of:
(a) any submissions made by You of or to Application; or
(b) any content being posted, shared, forwarded, e-mailed, transmitted, or
otherwise made available on or by means of Application and/or otherwise by You or any other user.
SPN will only be liable under these Terms of Use for losses which are a reasonably foreseeable consequence of our relevant breach of these Terms of Use or due to our negligence. Loss or damage is foreseeable if it is either obvious that it will happen or if, at the time the contract was made, both SPN and You knew it might be likely to happen.
SPN only supplies the Application services for private domestic and consumer use only. You agree not to use Application for any commercial or business purposes and accordingly, SPN does not accept liability for any loss of profit, loss of business, business interruption or loss of business opportunity.
If the Application services are defective and as a result, damage a device or digital content belonging to You, and this is caused by SPN’s failure to use reasonable care and skill, SPN will either repair the damage or pay You compensation. However, SPN will not be liable for damage which You could have avoided by following SPN’s advice to apply an update offered to You free of charge or for damage which was caused by You failing to correctly follow installation instructions or to have in place the minimum system requirements as advised by SPN.
SPN shall have no liability or responsibility for any failure to perform, or delay in performance of, any of SPN’s obligations under these Terms of Use that is caused by or due to any event outside SPN’s reasonable control, including but not limited to acts of God, war, flood, fire, epidemic, pandemic, natural disasters, labour disputes, strikes, lock-outs, riots, civil commotion, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, malicious damage, explosion, governmental actions and any other similar events.
SPN shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
These Terms of Use are governed by the laws of India. This means that any dispute or claim arising out of or in connection with these Terms of Use (including non-contractual disputes or claims), will be governed by Indian laws.
You can bring proceedings in respect of these Terms of Use in the courts of Mumbai.
All notices with respect to these Terms of Use from SPN will be served to You by e-mail or by general notification on Application. Any notice provided to SPN pursuant to these Terms of Use should be sent to our Legal Department at the address mentioned hereinabove.
You and SPN are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and SPN. As an abundant caution, it is clarified that SPN shall not have any right to conclude any contract for sale or purchase of Products for and / or on Your behalf and both You and SPN have entered this agreement on principal-to-principal basis.
No waiver of any provision of these terms by SPN shall be deemed a further or continuing waiver of such provision or any other provision, and SPN’s failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
This Terms of Use, including the Privacy Policy, is the entire agreement between the parties relating to the matters contained herein.
You are advised to read (and are responsible for reading) fully all information on Application.
Each of the clauses of these Terms of Use operates separately. If any provision of these Terms of Use shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms of Use and the remainder of the affected provision shall be unaffected.
You agree that e-mail can be used as a long-distance means of communication.
