ACCEPTANCE OF TERMS
Welcome to www.novacinemaz.com (the "Website"). The Website is owned and operated by Valuable Digital Screens Private Limited (herein for brevity referred to as "VDSPL"). By using or registering for the Website, users and the entities or persons they represent ("User" or "Users") agree to be legally bound and abide by the terms, conditions and notices set forth or referenced herein and any other condition displayed on any of the pages of the Website (collectively, the "Terms"). VDSPL reserves the right to change, alter, modify, amend these Terms, from time to time, at its sole discretion without serving any notice to you ("Modifications"). The amended terms and conditions shall override the Terms to extent any such amended term is inconsistent or repugnant to these Terms and all Users shall be bound by such amended Terms. You can review the most current version of these Terms at any time on the Website. Your continued use of the Website following the posting of any Modifications constitutes acceptance of the same. If you do not agree to all Terms and conditions mentioned herein, as amended from time to time, you are requested not to access or avail of the services provided or use the Website. The use of the term ‘Representatives’ shall include VDSPL's employees, sponsors, directors, officers, promoters, agents, representatives, affiliates, subsidiaries, advertising, promotion, agencies, consultants and advisors.
You can direct any questions concerning these Terms to:
Valuable Digital Screens Private Limited
Valuable Techno Park, Plot No. 53/1, Road No. 7, MIDC, Andheri (East),
Mumbai - 400 093, Maharashtra.
Send an e-mail to: firstname.lastname@example.org
You agree that you are only authorized to visit, view and to retain a copy of sections/pages of the Website for your own personal use, and that you shall not duplicate, download, publish, modify, hack, tamper with, damage the contents in any manner or otherwise distribute the information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on the Website (collectively "Content") for your personal use, unless otherwise specifically authorized by VDSPL to do so. You also agree not to deep-link (linking through any other page other than through the Website homepage) to the Website for any purpose, unless specifically authorized by the system administrator of the Website to do so. Except as expressly authorized by the Website, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such Content. Notwithstanding the above, if no specific restrictions are displayed, you may make copies of selected portions of the Content, provided that the copies are made only for your personal, non-commercial use and provided you keep intact all copyright and other proprietary notices relating to the same. Systematic retrieval of data or other Content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Website is prohibited. In addition, use of the Content or materials for any purpose not expressly permitted in these Terms is prohibited. You agree that you shall not upload, post, reproduce, or distribute for commercial purposes any materials or design, text or graphics or Content on the Website and further you agree that you shall not reproduce or transmit the same, in any form or by any means, electronic or mechanical or otherwise, including by photocopying, facsimile transmission, recording, re-keying or using any information storage and retrieval system without the express written permission of VDSPL. Written Permission may be granted only at the sole discretion of VDSPL.
In consideration of your use of online information resources, services, products, web directory(ies), index(es), general materials and data, including, but not limited to, search services, suggestions and other content (including third party information, products, materials and content) (collectively, all the services provided to you the User, from time to time whether online or offline referred to as the "Services"), you represent that you are a holder of credit card/debit card or such facilities provided by banks and undertake and agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Website's registration form (such information being the "Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or VDSPL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, VDSPL has the right to suspend or terminate your account and refuse any and all current or future use of the Services or any portion thereof.
You will receive a password and account designation upon completing the registration process and you agree that with respect to your account and password: (1) You are responsible for maintaining the confidentiality of your password and account are fully responsible for all activities that occur under your password or account. (2) You will immediately notify the Website of any unauthorized use of your password or account or any other breach of security; and shall be fully liable for all use of your account, including any unauthorized use of your account by any third party. (3) You agree that you are entirely responsible for any and all activities that occur under your account. (4) You will ensure that you diligently exit from your account at the end of each session. (5) VDSPL will not be liable for any loss or damage arising from any misuse of your password by any person due to any reason whatsoever. (6) You understand and acknowledge that VDSPL cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
Access and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website shall be liable to criminal action and/or such other action as per applicable laws.
RULES OF USER CONDUCT
By posting information in or otherwise using any communications service, message board, newsgroup, or other interactive services that may be available to you on or through the Website, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any Content including text, communications, software, images, sounds, data, or other information that is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy.
THIRD PARTY SITES
The Website may contain links to other Websites ("linked sites"). The linked sites are not under the control of VDSPL and VDSPL shall not be responsible for the contents of any such linked site. These links are provided to you as part your convenience. Linked sites may contain information or material that you may find inappropriate or offensive. Should you, via linked sites contained on the Website, view content that is not provided by the Website, you do so at your own risk, as such content will not have been developed, checked for accuracy, or otherwise reviewed by the Website. You understand and acknowledge that the Website is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such third party/ Linked sites, nor for any damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such third party site, whether actual, alleged, consequential or punitive nor does VDSPL assume the responsibility of provision of content on or links to such third party/ Linked sites. The inclusion of such a link does not imply endorsement of third party/ Linked sites by VDSPL or its Representatives.
You understand, acknowledge and agree that the Website is the copyrighted property of VDSPL. You understand and acknowledge that the Website and its Content is protected by copyrights, trademarks, patents, trade secrets, or other proprietary rights and laws, and that these rights are valid and protected in all forms, media, modes of distribution, and technologies existing now or hereinafter developed. All Content and source codes is copyrighted individually or as a collective work under applicable copyright laws and treaties, and VDSPL owns all copyrights in the selection, coordination, arrangement, style of presentation, as now presented or as presented in the future, and enhancement of such Content and as databases pursuant to applicable laws and treaties.
In preparing the Website, we have endeavoured to offer current, correct and clearly expressed information. However, since inadvertent errors of omission and commission can and do occur and since relevant laws and regulations often change, the Content and provision of Services may be neither current nor accurate. Further, the Content and information contained on the Website is intended to provide general guidance on matters of interest. Nothing on the Website constitutes professional advice, nor does any information on this Website constitute a comprehensive or complete statement of the issues discussed.
All Content and the services are provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. VDSPL, does not warrant that the Content or any Service is accurate, reliable or correct; that the Website will be available at any particular time or location; that any defects or errors will be corrected; or that the Content is free of viruses or other harmful components. Your use of the site is solely at your risk.
The User agrees that he / she must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. VDSPL shall not be liable for any decision made or action taken by the User or others based upon reliance on information or materials obtained through the Website or use of the Services. We take cognizance of the fact that the User is acting in his or her own best interest and transacting at his or her own risk. Prior to the execution of any transactions the User should make himself / herself aware of all the terms and conditions governing the transaction.
LIMITATION OF LIABILITY
Under no circumstances shall VDSPL or its Representatives be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, the Website. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis. In any event, VDSPL's liability shall be limited to and shall not exceed Rs.100/- (all inclusive).
VDSPL, its Representatives shall not be liable for any errors in the Content, or for any actions taken in reliance thereon. In the event of the User suffering any loss or damage pursuant to reliance on such information and/or Content on the Website or any third party website or due to the use of services, VDSPL or its Representatives shall not be liable in any manner and the User shall use such information at its sole risk. This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis. VDSPL, or its Representatives, including content providers assume no responsibility for the timeliness, deletion, mis or non-delivery or failure to store any User communications or personalization settings or deliveries. No action should be taken or omitted to be taken in reliance upon information on the Website. Users should obtain specific professional advice concerning specific matters and VDSPL or its Representatives accepts no responsibility for any loss resulting from reliance on any information or Content contained on the Website or in respect of any information on any other sites to which the Website may be linked. You expressly agree that VDSPL or its Representatives are not responsible or liable for, and shall be released and held harmless from telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind; any conditions or events of force majeure or beyond the reasonable control of VDSPL or the Website that may cause any or all of the Services to be disrupted or corrupted; "Force Majeure" shall mean and includes without limitation riots, floods, earthquake, storm, terrorist activities or actions, war, act of God, pandemic, epidemic, civil disturbance of any nature whatsoever, any governmental or municipal action or the failure of any telephonic or electronic equipment hardware or software programs, network, Internet, virus corruption or other failure or malfunctions of any kind or any other event analogous to the foregoing; any printing or typographical errors in any materials or Content associated with or with respect to any or all of the Services; any and all losses, damages, rights, claims and actions of any kind in connection with or resulting from participation in any or all of the Services including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy.
In consideration of your use of the Website you agree and undertake to defend, indemnify, and hold harmless VDSPL and its Representatives from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the Website. VDSPL or its Representatives reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with VDSPL in asserting any available defences.
The Website reserve the right, in its sole discretion, to terminate, suspend or cancel any or all of the Services or your account at any time if a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of any or all of the Services or if your conduct fails to conform with these Terms or for any other reason whatsoever.
Clauses in these Terms with respect to representations, warranties, disclaimers, covenants, jurisdiction shall all survive the termination of these Terms.
These Terms shall be governed by laws of India without reference to any conflict of laws. All disputes shall be resolved by arbitrator before an arbitrator solely appointed by VDSPL. Both parties shall bear its own costs and expenses of arbitration and court proceedings. The place of arbitration shall be Mumbai, India and language of arbitration shall be English. Subject to arbitration, the courts in Mumbai shall have exclusive jurisdiction in exclusion to any other courts.
The failure of VDSPL to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, then you agree with us that the court should endeavour to give effect to the intentions as reflected in these Terms, and all the provisions of these Terms shall remain in full force and effect.
This Agreement represents the entire understanding between you and VDSPL regarding your use of the Website and Services provided. VDSPL reserves the right to change any information on the Website including but not limited to revising and/or deleting Services, features, Content, or other information without any prior notice to you.
We remind you again that you have expressly agreed that your use of the Website and Services provided by VDSPL and on the Website are at your sole risk. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within 6 months after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect.
You acknowledge that the internet is not entirely secure and VDSPL shall take all required steps to safeguard the security of any credit/ debit card and any similar card information you impart through encryption methods, VDSPL shall not be responsible / liable for any damage that you may suffer as a result of the loss of confidentiality of any such information.
VDSPL makes no representation that materials on this site are appropriate or available for use in locations outside India. This site is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use is contrary to local law or regulation. Those who choose to access this site from other locations do so on their own initiative and should inform themselves about and observe any such laws or regulations and consult a professional if in doubt as to the meaning of any part of the content of this site.
These Terms represent the entire understanding between you and VDSPL regarding your relationship with VDSPL and supersedes any prior statements or representations. Your access to, and use of, this Website and any transactions made on this Website will be governed by these Terms. By using this Website, you represent that you have read, understood and have accepted these Terms and agree to be bound by them.