UFO Site User Agreement-Terms of Use and Disclaimer:
This Agreement, sets forth the terms and conditions that apply to use of this site www.ufomoviez.com, by a visitor and / or Subscriber. "Subscriber" means each person who establishes an account ("Account") for access to and use of the services of UFO Site. As visitor or Subscriber, you shall be referred to as “user or users”.
By visiting the website www.ufomoviez.com and / or using the services (“UFO Site”) provided through the website, you grant your implicit consent to acceptance of these terms and conditions.
This website is owned and operated by UFO Moviez India Limited ("the Company"/UFO) and contains material which is derived in whole or in part from material supplied by the Company, third parties, various new agencies and other sources, and is protected by copyright and trademark laws. The restrictions on use of the material, information and content on the UFO Site by the users shall be as per these terms and conditions. Except where specifically authorised, the users shall not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, information or content from the UFO Site including any code, algorithm, software etc.
By using the UFO Site (other than to read this Agreement for the first time), users agrees to comply with all of the terms and conditions hereof. The right to use the UFO Site is personal to user and is not transferable to any other person or entity. User is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Users shall be responsible for protecting the confidentiality of password(s) and any information which is confidential in nature. The Company shall have the right at any time to change, discontinue, alter, amend, modify, remove or terminate any aspect or feature of the UFO Site, including, but not limited to, material, information, content, including application of any restriction including but not limited to the hours of availability, at any time with or without cause, without notice or prior approval, and at its sole and exclusive discretion.
You agree that UFO has the sole right and discretion to restrict access to the UFO Site at any time.
UFO shall have the right at any time to change or modify the terms and conditions applicable to the users of the UFO Site, or any part thereof, or to impose new terms and/or conditions, including but not limited to, adding fees and charges for use or access or otherwise. Such changes, modifications, additions or deletions etc. shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on the UFO Site, or by any other means by which users obtains notice thereof or without notice (and the users are advised to read the terms and conditions on the UFO Site whenever the users accesses the UFO Site). Users can access the latest version of terms and conditions here at any given time and shall regularly review the same whenever the users accesses the UFO Site. In the event the modified terms and conditions are not acceptable to the user, the user shall cease accessing or using the service on the UFO Site, however in case the user continues accessing or using the service on the UFO Site, the user shall be deemed to have agreed and accepted to abide by the modified terms and conditions. Any use of the UFO Site by users after such notice shall be deemed to constitute acceptance by the users of such changes, amendments, modifications or additions.
Users shall be responsible for obtaining and maintaining all telephone, computer software, computer hardware, router and other equipment including internet connection needed for access to and use of the UFO Site and for all charges, expenses and costs etc. related thereto.
User shall use the UFO Site for lawful purposes only. User agrees that it shall not post, upload, display, modify, publish, transmit, update or share through the UFO site any information /content/material:
Any conduct by a user that in the Company's discretion restricts or inhibits any other user from using or enjoying UFO Site will not be permitted. User shall not use the UFO Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with the UFO Site. UFO Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music or sound, and the entire contents of UFO Site are copyrighted as a collective or severable work under applicable copyright laws. The Company, its subsidiaries and/or its affiliates own or have acquired a copyright or right in the use, display, placement, selection, coordination, arrangement and enhancement of such material, information and/or content, as well as may be in the content etc. original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download free copyrighted material for User’s personal use only as permitted under the law. Except otherwise expressly permitted under the copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the Company and the copyright owner or licensor. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice including watermark etc. shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material, information or content.
User shall be solely liable for any damages, compensation, liabilities, expenses, costs and charges, legal proceedings including attorney fees resulting from any infringement of copyrights, proprietary rights, or any other harm resulting due to the act or omission of the user. By submitting or permitting any material, information or content on the UFO Site, the user automatically grants, or warrants that the owner of such material has expressly granted the Company, a royalty free, perpetual, irrevocable, non-exclusive right and license to display, use, reproduce, modify, adapt, publish, translate, commercial exploit and/or distribute such material, information or content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material, information or content. User also permits UFO or any other user to access, view, store or reproduce the material, information or content for UFO or that user’s personal use. User hereby grants the Company the right to edit, copy, commercially use, publish and/or distribute any material, information or content made available on the UFO Site by the user.
The foregoing provisions are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf, and user specifically agrees and acknowledges the same.
The Company reserves the right of admission towards access of the UFO Site by any user, which may be denied by the Company at its sole and exclusive discretion without any notice or intimation to the user.
User expressly agrees that use of the UFO Site is at user’s sole risk and consequences. Neither the Company, its subsidiaries, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the UFO Site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the UFO Site, or as to the accuracy or reliability of the content, material, information, service or merchandise provided through the UFO Site.
UFO Site is provided on an "As Is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
This disclaimer of liability applies to any damages, liabilities, compensation, costs, expenses, charges, legal proceedings, attorney fees or injury, caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action and the user specifically acknowledges that the Company is not liable for any of the above including the defamatory, offensive materials or illegal conduct of other users or third-parties in cases including but not limited to any interactive communication on or through the UFO Site and that the risk of injury from the foregoing rests entirely with user.
In no event will the Company, its subsidiaries, its affiliates or any of their respective employees, agents, third party content providers or licensors or any person or entity involved in creating, producing or distributing the UFO Site or the UFO Site software etc., be liable for any damages etc., including, without limitation, direct, indirect, incidental, special, consequential or punitive damages etc. arising out of the use of or inability to use the UFO Site. User hereby acknowledges that the provisions of this section shall apply to all material, information or content on the UFO Site. User states that where the liability of UFO cannot be excluded under the law, the maximum amount payable by UFO towards one time full and final settlement shall be Rs. 100/- all inclusive. User undertakes to comply with all laws including tax laws applicable for use of the UFO Site.
In addition to the terms set forth above neither, the Company, nor its affiliates or any of their respective employees, agents, third party content providers or licensors, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the material, content or information contained on the UFO Site, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses of any nature whatsoever arising therefrom or occasioned thereby. User shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive, direct, indirect, special or consequential damages etc. The user shall be solely liable for investment decisions and losses based on the information provided and should undertake independent and professional judgment from a professional before making any investment decision. Neither, the Company, nor its affiliates or any of their respective employees, agents, third party content providers or licensors, information providers or content partners warrants or guarantees the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results or outcome obtained from the use of the information.
The Company has provided or may provide links and pointers to Internet sites maintained by third parties. Neither the Company, its parent or subsidiary companies nor their affiliates operate or control in any respect any information, products or services on these third-party sites. The materials, information and contents on the UFO Site and the third-party sites are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose including commercial use. The Company does not warrant that the functions contained in the materials, information and contents will be uninterrupted or error-free, that defects will be corrected, or that the UFO Site, including Bulletin Boards, or the server that makes it available, are free of viruses or other harmful components. The Company does not warrant or make any representations regarding the use or the results of the use of the materials, information or content on the UFO Site or on third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. User (and not the Company) assume the entire cost of all necessary maintenance, repair or correction.
User disclaims all rights against the Company, its parent or subsidiary companies nor their affiliates, except which cannot be excluded by law, and the maximum claim, irrespective of actual claim and expenses etc. against the Company, its parent or subsidiary companies nor their affiliates shall be Rs. 100/- all-inclusive one time full and final settlement for any and all claims under the agreement.
UFO Site may include bulletin boards and chat rooms ("bulletin boards") which allow feedback to the Company and real-time interaction between users. The Company does not control the messages, information or files delivered to bulletin boards. It is a condition of your use of the bulletin boards and this UFO site that you do not: restrict or inhibit any other user from using and enjoying the bulletin boards. post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law. post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder. post or transmit any information, software or other material which contains a virus or other harmful component. post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising. If you violate any of the conditions of this clause, UFO shall be entitled to terminate your access to the UFO Site, delete your account and initiate legal action against you.
UFO shall have the right, but not the obligation, to monitor the content of the UFO Site, all interactive communications, contents, materials and information including but not limited to chat rooms and forums, to determine compliance with this Agreement and any operating rules established by the Company including those incorporated from time to time without any notice and to satisfy any law, regulation, rule, bye-laws, notifications or authorized government request. The Company shall have the right in its sole discretion to edit or refuse to post or remove any information, content or material submitted to or posted on the UFO Site. Without limiting the foregoing, the Company shall have the right at its sole discretion to remove any information, content or material that the Company, in its sole discretion, finds objectionable or to be in violation of the provisions hereof or otherwise.
User agrees to defend, indemnify, keep indemnified and hold harmless the Company, its subsidiaries, its affiliates and their respective directors, officers, employees and agents, third party content owners, authorised providers or licensors from and against all claims, expenses, losses, liabilities, compensation, damages, legal proceedings, costs, charges including attorney's fees, and including third party claims etc., arising out of the use of the UFO Site by the user.
Either the Company or user may terminate this Agreement at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate user’s account / access in the event of any conduct by the user which the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by the user of any terms of this Agreement.
In the event, user would like to report any issue to the Company, user will inform the Company in writing and the user agrees that the Company would endeavour to resolve the issue within 90 days without any demur or claim from user. User agrees and undertakes that the maximum claim for any breach by terms and conditions by the Company, its subsidiaries and/or its affiliates shall be Rs. 100/- all-inclusive one time full and final settlement for any and all claims under the agreement irrespective of the actual claims and expenses etc. All written communication shall be sent by Registered AD, Courier, fax and email - details of which are as under:
Unit 902, 9th Floor, Ackruti Star, Marol MIDC, Andheri (East), Mumbai 400 093
UFO and/or any other trademarks and trade names or intellectual property rights being shown or used on the UFO Site are the property of their respective owners or licensors.User agrees that it shall not use the trademarks or trade names or deceptively similar marks or derivatives created from such trademarks, trade names or intellectual property rights to pass off products and services as those of UFO, its subsidiaries and its affiliates etc. All cease and desist notice shall be provided to UFO in accordance with the terms mentioned hereunder.
The Company is a distributor (and not a publisher) of material, content or information supplied by third parties and users. Accordingly, the Company has no more editorial control over such material, content or information than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, views, or other information or content expressed or made available by the third parties, including information providers etc., is personal to that users or any other user of the UFO Site or are those of the respective author(s) or distributor(s) and not of the Company. Neither the Company nor its subsidiaries, affiliates or any third-party provider of information guarantees the accuracy, reliability, completeness, or usefulness of any material, information or content, nor its merchantability or fitness for any particular purpose.
In many instances, the material, information and/or content available on the UFO Site represents the opinions, views and/or judgements of the respective information provider, user, or other user not under contract with the Company. The Company neither endorses nor is responsible for the accuracy, success, completeness, usefulness or reliability of any opinion, advice, views, material, information, content or statement on the UFO Site by anyone other than the authorized Company employee spokespersons while acting in their official capacities. Under no circumstances will the Company be liable for any claims, losses or damages etc. caused by a user’s reliance on information obtained through the UFO Site. It is the responsibility of the user to evaluate the accuracy, completeness, success, reliability or usefulness of any information, opinion, advice, views, material, information or other content available on the UFO Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, material, information or other content before making any decision.
This Agreement and any operating rules for the UFO Site established by the Company constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of India and courts in Mumbai, India shall have the exclusive jurisdiction to entertain and try any dispute arising out of or in relation to this Agreement, in exclusion to all other courts. No waiver by UFO of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
The section headings used herein are for convenience only and shall restrict interpretation of the clause written therein.
This Agreement is governed and construed in accordance with the Laws of Union of India. The user hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mumbai, Maharashtra, India, in all disputes arising out of or relating to the use of the UFO Site or under this agreement. Use of the UFO Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation to this paragraph. You agree to indemnify, keep indemnified and hold harmless UFO i.e.: UFO Moviez (India) Limited, its subsidiaries, affiliates, officers, directors, employees, agents and representatives from and against any claims, losses, expenses, liabilities, damages, compensation, costs, charges, attorneys' fees etc., asserted by user or any third party due to or arising out of your use of or conduct on the UFO Site or by virtue of this agreement.