YOUR USE OF THIS SITE IS SUBJECT TO THE BELOW TERMS OF SERVICE.
This Web site (the "Site") is owned and
operated by Moserbaer Entertainment Ltd. ("MBEL"). These
Terms of Service (the "Terms of Service" or "TOS")
act as a binding contract between MBEL and You, the user and shall thus apply to
and govern your use, and any use by another person, of your User Account, as
well as your use of this Site and the Services (as defined below). Your use of
the Site and/or any Service signifies your agreement to be bound by these Terms
of Service and the MBEL Privacy Policy (the "Privacy Policy"),
which is hereby incorporated by reference.
For purposes of the TOS, the following defined terms shall have these meanings:
(A) "Affiliates" shall mean licensors and content
providers, MBEL authorised content distributors;
(B) "Products" shall mean the DVDs/VCDs and any other such
products available for sale through MBEL's Services on this Site;
(C) "Service(s)" shall mean any and all services on,
or provided by, the Site, whether or not such services are also provided or
delivered by other means or media such as software or wireless devices;
(D) "Site" shall mean this site;
(E) "Site Content" shall mean any and all human
readable audio, visual or audiovisual elements of this Site, created or owned by
MBEL, or third parties, including, without limitation, any text, graphics,
images, illustrations, photographs, animations, video, audio or audiovisual
works (including, for example, without limitation, movie trailers or episodic
works), designs, logos, information, and other content made available through
the Site;
(F) "Site Code" means any and all underlying elements
of the Site, including without limitation, source code, script, object code,
software, computer programs, and other sets of statements and instructions
contained in the underlying Site;
(G) "User Account" means any account created by you,
through a registration process for the purpose of accessing or using certain
Services on this Site.
LICENSE TO USE THE SITE
MBEL grants you a non-exclusive, non-transferable, limited right and license to
access, use and privately display the Site and the Site Content as described
herein for your personal use only, by way of one (1) computer connected to the
Site over the Internet, provided that you comply fully with these TOS. You may
"cache" pages of the Site for the sole purpose of increasing the speed
and efficiency at which you access the Site. Any other copy or use of a portion
of the Site is not authorized, and will be a violation of these TOS and will
constitute a violation of copyright and other such rights which MBEL and/or its
Affiliates may have in and with respect to this Site and the Contents on this
Site. You shall not interfere, or attempt to interfere, with the operation of
the Site in any way through any means or device, including, but not limited to,
spamming, hacking, uploading computer viruses or time bombs, or any other means
expressly prohibited by any provision of these TOS or by law.
USE OF INFORMATION
Anything you transmit or post may be used by MBEL or its Affiliates for any
purpose, including, but not limited to, reproduction, disclosure, transmission,
publication, broadcast and posting. Furthermore, MBEL is free to use any ideas,
concepts, know-how, or techniques contained in any communication you send to the
Site for any purpose whatsoever including, but not limited to, developing,
manufacturing and marketing products using such information.
You will be deemed to have consented to the disclosure to, and use by, a
subsequent owner or operator of the Site, of any information about you contained
in the applicable MBEL database, to the extent MBEL assigns its rights and
obligations regarding such information in connection with a merger, acquisition,
or sale of all or substantially all of MBEL's assets, or in connection with a
merger, acquisition or sale of all or substantially all of the assets related to
this particular Site to a subsequent owner or operator. In the event of such a
merger, acquisition, or sale, your continued use of the Site signifies your
agreement to be bound by the Terms of Service and Privacy Policy of the Site's
subsequent owner or operator.
OWNERSHIP OF TRADEMARKS, COPRIGHTS AND OTHER
INTELLECTUAL PROPERTY
The Site, Site Content, Site Code, content available through this site and all
copyrights, site design, graphics, text selections, arrangements, software,
photographs, illustrations, artwork, names, logos, trademarks, service marks,
trade names and all other intellectual property or property rights therein are
proprietary to MBEL and are owned by MBEL and/or its Affiliates and are
protected by applicable copyright, trademark and other intellectual property
laws. This site is the property of MBEL. Unless expressly permitted in writing
by MBEL, you shall not copy, capture, reproduce, perform, transfer, sell,
license or otherwise redistribute for any commercial purpose, or modify,
manipulate, create derivative works from or based upon, republish, upload, edit,
post, transmit, publicly display, frame, link, distribute, or exploit in whole
or in part the Site, the Site Content or Site Code, or otherwise use the Site,
Site Content or Site Code on any other web site, other networked computer
environment, or in any medium now known or hereafter developed (each, an "Unauthorized
Use").
Any Unauthorized Use constitutes an infringement of the copyrights and other
proprietary rights of MBEL and/or its licensors and content providers and
constitutes a violation of these TOS. Breach of contract and violation of
copyright and other intellectual Property laws are subject to severe civil and
criminal penalties.
SOFTWARE
From time to time, and at its sole discretion, MBEL may make available to users
certain software that may be accessible or downloaded from this Site. In the
event that you access or download software from this Site, the software,
including any files, images incorporated in or generated by the software, and
data accompanying the software (collectively, the "Software") are
licensed to you by MBEL or a MBEL -approved third party software provider
("Third Party Provider"). MBEL does not transfer
title to the Software to you. You own/operate the medium on which the Software
is recorded, but MBEL and/or the Third Party Provider retain full and complete
title to their respective Software, and all intellectual property rights
therein. You may not redistribute, sell, decompile, reverse engineer,
disassemble, or otherwise reduce the Software to a human-perceivable form.
Furthermore, your use of any Software of a Third Party Provider shall be subject
to the terms and conditions set forth by such Third Party Provider and any
applicable license agreement for its Software.
MBEL SERVICES AND RULES FOR USE
As a convenience to its visitors, MBEL may provide, from time to time and at its
sole discretion, its Products through one or more Services, such as Online
Purchase, Renting DVD/VCD, message boards, e-mail functions, and other services.
These Products/ Services are provided by MBEL to you and others subject to the
TOS, the Guidelines set forth below, the Privacy Policy and other rules that may
be published from time to time (collectively, the "Rules") by MBEL.
MBEL currently provides the Services free of charge to users who agree to be
bound and abide by the Rules.
In the event a MBEL product or service is listed at an incorrect price due to
typographical error or error in pricing information received from our suppliers,
MBEL shall have the right to refuse or cancel any orders placed for product or
service listed at the incorrect price. MBEL shall also have the right to refuse
or cancel any such orders whether or not the order has been confirmed and credit
card charged.
TERMINATION
These terms and conditions are applicable to you upon your accessing the Site
and/or completing the registration or shopping process. These TOS, or any of
them, may be modified or terminated by MBEL without notice at any time for any
reason. The provisions relating to Ownership of IPR, Disclaimer, Claims,
Limitation of Liability, Indemnification, Applicable Laws, Arbitration and
General, shall survive any termination.
SEVERABILITY
If any provision of this TOS shall be held unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these Terms of
Service and shall not affect the validity and enforceability of any remaining
provisions.
ARBITRATION
You agree that any and all disputes or controversies of any nature between them
arising at any time shall be determined by binding arbitration in accordance
with the Arbitration & Conciliation Act, 1996. The arbitration panel shall
comprise three arbitrators, one appointed by each party and the third appointed
by the two so appointed arbitrators.
GOVERNING LAW & JURISDICTION
Any claim relating to this site, the use thereof and/or the materials contained
herein is governed by the laws of India. By accessing or using this site, you
hereby consent to the exclusive jurisdiction of the courts located in Mumbai,
India for resolution of any dispute you have with or relating to this site, or
the goods and services offered and/or purchased herein.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
While MBEL uses reasonable efforts to include accurate and up to date
information in the Site, MBEL makes no warranties or representations as to its
accuracy. By accessing this site, you agree that the use of this site is at your
sole risk. Neither MBEL, its Affiliates, nor any of their respective associates,
agents, third party content providers, or licensors warrant that this site will
be un-interrupted, virus-free, or error-free; nor do they make any warranty as
to the accuracy, reliability, copyright compliance, results of the use of this
site, or content of any information (including those posted by any
user/affiliate of MBEL), service, or merchandise provided through MBEL. This
site is provided on an "as is" and "as
available" basis without warranties of any kind, either express or
implied, including (but not limited to) warranties of merchantability or fitness
for a particular purpose.
This site may contain links to other web sites, including to various payment
enabling sites (such as those of banks/ credit card companies, etc.). You hereby
agree that MBEL shall not be held responsible for the accuracy, copyright
compliance, legality, or decency of material contained in such sites, and you
hereby irrevocably waive any claim against MBEL with respect to such sites.
This disclaimer and limitation of liability applies to any damages or injury
caused by any failure of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, computer virus, communication line
failure, theft, 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. By accessing this site, you agree that in no event
shall MBEL, or any Affiliates thereof, be liable for any damages (including
without limitation) direct, indirect, incidental, special, consequential, or
punitive damages arising out of the use of, or inability to use, this site. You
specifically acknowledge and agree that MBEL is not liable for the defamatory,
offensive, or illegal conduct of its visitors or customers, and the liability
and risk of injury for the foregoing rests entirely with the visitor or
customer.
CHANGES TO SITE AND/OR TERMS OF SERVICE
MBEL reserves the right, at its sole discretion, to change, modify, add or
remove any portion of the Site, the Site Content, the TOS, and/or the Privacy
Policy, in whole or in part, at any time. Changes to the TOS and Privacy Policy
will be effective when posted. You agree to review the TOS and Privacy Policy
periodically to become aware of any changes. Your use of the Site after any
changes to the TOS and/or Privacy Policy are posted will be considered
acceptance of those changes and will constitute your agreement to be bound
thereby.