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TERMS OF USE

MithiFlix OTT Viewer Terms Of Use Agreement

 

This terms of use agreement is between you and MithiFlix. The agreement governs your use of the “MithiFlix OTT Service,” an online platform that allows consumers like you to view video programs from content owners and licensors through websites and applications that we power.

By using the MithiFlix OTT Service, you agree that any claims you may have against MithiFlix relating to the OTT Service must be settled, and you waive the right to (1) assert claims against MithiFlix in court, (2) participate in a class action, and (3) have a jury hear your case.

1. Acceptance

By creating an account, viewing videos, making a purchase, downloading applications that we power, or otherwise visiting or using the MithiFlix OTT Service, you accept this agreement and consent to contract with us electronically.

If you are an entity other than a natural person, the person who registers the account or otherwise uses the MithiFlix OTT Service must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.

By continuing to use the MithiFlix OTT Service, you accept any revised Agreement.

You may terminate the agreement at any time by deleting your account. We reserve the right to suspend or terminate your account for the violation of contract. If MithiFlix deletes your account for violation of contract, you may not re-register.

 

2. Accounts

Registration: You must create an account to use certain features we offer (e.g., to view a Program). To do so, you must provide an email address. By creating an account, you agree to receive notices from MithiFlix and the Producers of the Programs you purchase at this email address.

Age Requirements: You may not create an account if you are younger than 16 years of age. By creating an account, you represent that you are at least 16 years of age, and, to the extent required by law, you have the permission of a parent or guardian to create an account and use the MithiFlix OTT Service.

Parents and Guardians: By granting your child permission to use the MithiFlix OTT Service through your account, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.

Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.

3. Privacy

Please review our Privacy policy to learn about the information we collect from you when you use the MithiFlix OTT Service, how we use it, and with whom we share it.

4. Program Viewing Options

To view the content, you must pay a nominal amount for it. The contents are accessed on pay per view condition. We may apply taxes, including VAT (value-added tax), to any charges. Prices and other terms of purchase are subject to change.

We may start the subscription method also in future. Till then pay per view method will continue.

5. Licenses and Intellectual Property

License to Programs: Subject to the terms hereof, you have the right to stream and/or (if offered) download for your personal entertainment purposes: (i) Programs that you have purchased and (ii) Programs made available within a channel that you have paid for during your paid period.

Restrictions: You may not resell streams or downloads, use any Program for any commercial purpose, redistribute or retransmit any Program, publicly perform or display any Program, or make derivative works from any Program. All rights not expressly granted herein are reserved by the applicable Producer.

MithiFlix OTT Service: Subject to the terms hereof, MithiFlix grants you permission to use the MithiFlix OTT Service for the sole purpose of viewing Programs for your personal entertainment. All rights granted by MithiFlix are reserved.

Your Content Feedback: To the extent that you submit any content to MithiFlix (i.e. in your profile, a comment, or forum), you grant MithiFlix an irrevocable, worldwide, non-exclusive, royalty-free, perpetual right and license to use, copy, adapt, transmit, distribute, license, and publicly perform and display such content in all media for any purpose whatsoever. Any content submitted must comply with the Acceptable Use Policy. If you make suggestions to MithiFlix on improving our products or services, MithiFlix may use your suggestions without any compensation to you.

6. Acceptable Use Policy

We may allow you to upload, submit, or publish content such as images and text. You must ensure that your content, and your conduct, complies with the Acceptable Use Policy. MithiFlix may monitor your account, content, and conduct, regardless of your privacy settings. MithiFlix may remove or limit access or availability to any content or account that it considers in good faith to violate this Acceptable Use Policy.

6.1 Copyright Policy

You may only upload content that you have the right to upload and share. Copyright owners may send MithiFilx a takedown notice as stated in our copyright policy if they believe MithiFlix is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.

6.2 Content Restrictions

You may not submit any content that:

  • Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.)

  • Is sexually explicit or promotes a sexual service;

  • Is defamatory

  • Is harassing or abusive

  • Contains hateful or discriminatory speech

  • Promotes or supports terror or hate groups

  • Contains instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms

  • Exploits or endangers minors

  • Depicts or encourages self-harm or suicide

  • Depicts (1) unlawful real-world acts of extreme violence, or (2) animal cruelty or extreme violence towards animals

  • Promotes fraudulent or dubious money-making schemes, proposes an unlawful transaction, or uses deceptive marketing practices

  • Contains false or misleading claims about (1) vaccination safety, or (2) health-related information that has a serious potential to cause public harm

  • Contains false or misleading information about voting

  • Contains conspiracy-related content where the underlying conspiracy theory makes claims that (1) suggest that a real-world tragedy did not occur, or (2) violate other content restrictions or

  • Violates any applicable law.

 

6.3 Code of Conduct

In using the MithiFlix OTT Service, you may not:

  • Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity)

  • Act in a deceptive manner or impersonate any person or organization

  • Harass or stalk any person

  • Harm or exploit minors

  • Distribute “spam” in any form or use misleading metadata

  • Collect personal information about others

  • Access another’s account without permission

  • Use or export any of our services in violation of any Indian export control laws

  • Engage in any unlawful activity or

  • Cause or encourage others to do any of the above.

 

6.4 Prohibited Technical Measures

You will not:

  • Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of the MithiFlix OTT Service or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures.

  • Submit any malicious program, script, or code;

  • Submit an unreasonable number of requests to our servers or

  • Take any other actions to manipulate, interfere with, or damage the Mithiflix OTT Service.

 

6.5 Restricted Users

You may not create or maintain an account if you are a member of a terror or hate group. You may not purchase any services from us if you are a terrorist supported organization/anti-social element(s).

 

7. Disclaimers

YOUR USE OF THE MITHIFLIX OTT SERVICE AND ANY PROGRAM IS AT YOUR OWN RISK. WE PROVIDE THE MITHIFLIX OTT SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PRODUCERS PROVIDE PROGRAMS ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MITHIFLIX AND EACH PRODUCER DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Without limiting the above, MithiFlix makes no representations or warranties concerning:

  • The availability of the MithiFlix OTT Service in a particular jurisdiction.

  • The availability of the MithiFlix OTT Service for any particular device, operating system, or browser.

  • The continued support for a particular feature of the MithiFlix OTT Service.

  • The viewing quality of any Program. MithiFlix does not guarantee that you will be able to use the MithiFlix OTT Service at all times, or view any Program uninterrupted, error-free or displayed at any particular resolution. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your Internet connection.

  • The content of any Program or the suitability of any Program for any audience. All opinions and statements expressed by or in Programs (or related materials) are those of the Producer and/or persons involved in the production of the Program, not MithiFlix.

  • The continued availability of any Program or the availability of particular Program within a subscription channel. Programs may be withdrawn at any time without notice.

  • Any Producer’s actions or omissions with respect to your personal information.

 

Producers may provide links to other Producer websites or third-party websites. MithiFlix is not responsible for the content of, or any interactions or transactions that may take place on or through, any such website.

 

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MITHIFLIX, ITS PARENT, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND PARTNERS (INCLUDING PRODUCERS) WILL NOT BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES; (II) DAMAGES RELATING TO ANY DISPUTE BETWEEN YOU AND A PRODUCER OR OTHER MITHIFLIX USER OR (III) DAMAGES EXCEEDING THE GREATER OF THE AMOUNTS PAID BY YOU TO MITHIFLIX OVER THE 12 MONTHS PRECEDING THE FILING OF YOUR CLAIM.

The foregoing limitations apply to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not MithiFlix has been informed of the possibility of such damage, and whether a remedy set forth herein is found to have failed its essential purpose. Some jurisdictions may not allow the exclusion of certain warranties or the exclusion or limitation of liability as set forth above, so these limitations above may not apply to you.

9. Indemnification

You would have to indemnify, defend, and hold harmless MithiFlix and its parent, directors, officers, employees, representatives, consultants, agents, suppliers, and partners (including Producers) from any liability, claim, demand, damages, losses, and costs (including attorneys’ fees) arising from: (i) your unauthorized use of any Program (ii) your breach of this Agreement or violation of any law or third-party right or (iii) any content that you upload or submit to us.

10. Arbitration Agreement - Jury Waiver, Class Action Waiver

This Section sets forth a binding arbitration agreement between you and MithiFlix. In this Arbitration Agreement, you agree:

  • To arbitrate all claims relating to the MithiFlix OTT Service

  • To waive your right to a trial by jury and

  • To waive any right to proceed on a class basis in arbitration or otherwise.

 

10.1 Arbitration Agreement

The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), or your use of the MithiFlix OTT Service will be BINDING ARBITRATION administered by INDIAN COUNCIL OF ARBITRATION (ICA).

10.2 Overview

Arbitration provides a private dispute resolution process that is usually more streamlined and less formal than litigation. In an arbitration, your rights will be determined by a neutral third party called an arbitrator, and not a judge or jury. Both you and MithiFlix are entitled to fundamentally fair proceedings at every stage of the arbitration, including the hearing (if any). The arbitrator will decide all issues relating to the dispute, including the question of arbitrability, and can grant any relief that a court could grant. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

10.3 Location of Hearing

If you are a consumer, as defined by ICA in its “The Arbitration and Conciliation Act”, you may request that the arbitration hearing be conducted in the area in which you reside. Otherwise, the hearing (if any) will take place in the County or outside the country.

10.4 Class-Action Waiver

EACH PARTY WAIVES ITS RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION.

10.5 Exception for Small Claims Court Matters

Notwithstanding the above, each party has the right to bring an individual claim against the other in a small claims court of competent jurisdiction. If one party files an arbitration that could be litigated in such a small claims court, the responding party may request that the dispute proceed in small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration will be administratively closed. If requested after the appointment of the arbitrator, the arbitrator will administratively close the arbitration so long as the proceedings are at an early stage and no hearing has occurred.

10.6 Jurisdiction and Venue

The Indian Council of Arbitration (“ICA”) shall govern this Arbitration Agreement. To the extent not preempted or inconsistent with the ICA, the choice of law provisions are incorporated and are applicable to this Arbitration Agreement. Any arbitration award may be entered in a court of competent jurisdiction.

10.7 Binding Arbitration with Producers

To the extent that the Producer has agreed to resolve disputes with consumers through arbitration in its agreements with MithiFlix, you agree that any dispute with a Producer arising out of or relating to your purchase or viewing of a Producer’s Program or subscription channel shall be resolved by BINDING ARBITRATION administered by ICA in accordance with this Section.

11. General Provisions

Choice of Law: Any disputes relating to this Agreement or your use of the MithiFlix OTT Service will be governed by the laws of India, without regard to principles of conflicts of law.

Choice of Venue for Litigation - Jury Trial Waiver: Any proceeding to enforce the Arbitration Agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that the Arbitration Agreement is for any reason held to be unenforceable, any litigation (except for small-claims court actions) will be commenced only in the state courts located in India. You hereby irrevocably consent to the exclusive jurisdiction of those courts for such purposes and, to the extent permitted by law, both MithiFlix and you WAIVE ANY RIGHT TO A TRIAL BY JURY in such an action.

No Waiver: The failure of MithiFlix to exercise or enforce any term of this Agreement will not constitute a waiver of such term.

Provisions Severable: If any term of this Agreement is held invalid or unenforceable, that term will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining terms will remain in full force and effect.

No Third Parties: No third parties would have any rights under this Agreement, except that Producers may enforce the terms herein against you, and indemnified parties may enforce indemnification rights.

Force Majeure: Neither MithiFlix nor any Producer would be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God, natural disasters, wars, civil or military disturbances, sabotage, strikes, epidemics, riots, power failures, computer failure, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service, accidents, labor disputes, acts of civil or military authority, governmental actions, or inability to obtain labor, material, equipment or transportation.

Entire Agreement: 

This Agreement sets forth the entire understanding between you and MithiFlix concerning your use of the MithiFlix OTT Service and supersedes all prior agreements regarding the same. This Agreement may only be modified by us. Any changes will be posted to the MithiFlix website and will apply prospectively.

Contact Us: If you have any support questions, please contact us at mithiflix@gmail.com

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