IF YOU ARE ACCESSING THE SITE(S)/ APP(S), BY SUBMITTING YOUR PERSONALLY IDENTIFIABLE INFORMATION ON THE SITE(S)/ APP(S), YOU EXPRESSLY CONSENT TO THE TRANSFER OF SUCH DATA TO INDIA, AND TO THE PROCESSING OF SUCH DATA ON MOOD X’ (OR ITS DESIGNATED VENDORS’) SERVERS, WHERE YOUR DATA WILL BE GOVERNED BY RESPECTIVE LAWS THAT MAY PROVIDE A LOWER (OR DIFFERENT) LEVEL OF DATA PROTECTION THAN YOUR COUNTRY.
OWNERSHIP; RESTRICTIONS ON USE
The content of the Site(s)/ App(s) and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by MOOD X and/or its licensors or group companies and are protected by applicable Indian and international copyright and other intellectual property laws. You acknowledge, understand and agree that you shall not have, nor be entitled to claim, any rights in and to the Site(s)/ App(s) content/ Services and/or any portion thereof. You agree not to copy, reproduce, duplicate, stream, capture, access through technology or means other than those provided on the Site(s)/ App(s), perform, transfer, sell, resell, download, upload, archive, license to others, edit, modify, manipulate, create derivative works from or based upon (including, without limitation, mash-ups, montages, wallpapers, ringtones, greeting cards, T-shirts or other merchandise), publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the Site(s)/ App(s) or any component part thereof. Any of the unauthorized uses referred to above would constitute an infringement of the copyrights and other proprietary rights of MOOD X and/or its licensors and a violation of these Terms and may subject you to civil and/or criminal liability under applicable laws.
LICENSES GRANTED TO YOU
Subject to these Terms (including, without limitation, the YOUR RESPONSIBILITIES section set forth below), we hereby grant you, if and only to the extent the necessary functionality is provided to you on or through the Site(s)/ App(s), the following limited, revocable, non-exclusive, non-transferable, non-assignable, worldwide, royalty-free rights and licenses (“License”):
1 The License to access, view and otherwise use the Site(s)/ App(s) (including, without limitation any Services provided on or through the Site(s)/ App(s)) for your personal (non-commercial), lawful use only, as intended through the customary and authorized functionality of the Site(s)/ App(s);
2 The License to stream Site(s)/ App(s) content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Site(s)/ App(s) (any such widget or other digital streaming internet video player referred to as a “Site Widget/ Video Player”) for your personal, lawful use only;
3 The License to cut and paste certain code expressly made available to you through the Site(s)/ App(s) (whether such functionality is designated as “sharing” functionality or not) in order to embed, re-publish, maintain, and/or display the specific Site(s)/ App(s) content to which such code relates on your own personal, customized social networking web page(s), web blog(s), or microblog(s) (collectively, your “Personal Social Media”), and/or, if the Site(s)/ App(s) provides “widget grabbing and embedding” functionality, to “grab” a Site Widget and embed, re-publish, maintain, and/or display such Site Widget on your Personal Social Media;
4 If the Site(s)/ App(s) enables you to download Software, the License to install and use one copy of the Software on your personal computer system, mobile or other permitted device; provided, however, that you understand and agree that (i) by allowing you to download the Software, MOOD X does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software’s owner (which may be MOOD X and/or its third party Software licensor) will retain full and complete title to such Software; (ii) you shall not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software without the prior written consent of MOOD X; (iii) you shall not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; (iv) you shall not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law.
Your rights under any one or more of the Licenses set forth above are conditioned upon your compliance with each of the following:
1 Subject to availability of these functionalities you will not create or Submit (as defined below) a User Submission that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, rules, regulations or (“Applicable Laws”), or that infringes or violates other parties’ intellectual property, publicity, or privacy rights or links to infringing or unauthorized content;
2 You will not embed, re-publish, maintain and/or display any Site(s)/ App(s) content (including, without limitation, any of your own User Submissions) on any Personal Social Media or other web site or other internet location that ordinarily contains or hosts content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any Applicable Laws, or that infringes or violates other parties’ intellectual property rights or links to infringing or unauthorized content;
3 You will not send spam, chain letters, pyramid schemes or any other unsolicited or unauthorized advertising or promotional materials, or harass, bully, stalk, harm, or otherwise cause mental or physical distress or injury to anyone, or defame or disparage someone, or engage in any other unlawful or objectionable conduct while using the Site;
4 You will not use any one or more of the Licenses granted to you (and any associated functionality) to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material or information, whether personally identifiable or not, posted by or concerning any other user of the Site, unless you have obtained prior permission from such user to do so;
5 You will not remove, alter, interfere with or circumvent any copyright, trademark, watermark, or other proprietary notices marked/displayed on Site(s)/ App(s) content, Software or Services;
9 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, etc.) associated with Site content;
10 You will not use any of the rights granted to you or any of the Site(s)/ App(s) content or Services in a manner that suggests an association with any of MOOD X ‘s products, services or brands, unless otherwise specifically permitted by MOOD X;
11 You will not use bots, spiders, offline readers or other automated systems to access or use the Site(s)/ App(s) in a manner that sends more request messages to the Site(s)/ App(s)’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser, unless you are a lawfully operating a public search engine, in which case (subject to MOOD X ‘s full discretion to revoke this exception at any time), you may use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices (but not caches or archives) of such materials;
12 You will not knowingly transmit any material that contains adware, malware, spyware, software viruses, time-bombs, cancel-bots, worms, trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
13 You will not do anything that is likely to adversely affect or reflect negatively upon or harm the goodwill or reputation of MOOD X or any of its affiliates or group companies, or the Site(s)/ App(s), or any of the content running or being promoted on the Site(s)/ App(s) (including, without limitation, any movie, television program or other initiative);
14 You will not do anything on the Site(s)/ App(s) that would prevent other users’ access to or use of the Site(s)/ App(s) or any part thereof;
15 You will be responsible for maintaining the confidentially of any username or password associated with access to the Site(s)/ App(s) (including, without limitation, in those instances in which the Site(s)/ App(s) 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 under your username and/or password; and
16 You will use the Site(s)/ App(s) and the Licenses always in compliance with these Terms and all Applicable Laws.
USER SUBMISSIONS; GRANT OF LICENSE TO MOOD X; YOUR WARRANTIES AND REPRESENTATIONS
Users hereby acknowledge that certain content on the Site(s)/ App(s) is for use solely by responsible adults over the age of 18 or the age of consent in the jurisdiction from which it is being accessed. There are various genres of content suitable for the consumption by the users below the age of 18 years and also for users above 18 years of age, who have attained the age of majority. Should the user choose to access such content intended for the consumption by the users above the age of 18 years then, , such user shall be making the following representations:
That the user has attained the age of majority, or at least 18 years of age, and has the legal right to access and / or possess content meant for adults;
That the user has voluntarily chosen to access such content, because he / she wants to view the same and does not find the said content to be offensive or objectionable;
That by viewing any part / portion of content intended for the consumption by the users above the age of 18 years available on the application/website, the user agrees that the user shall not hold the owners of the application/website MOOD X, its directors, or its employees responsible for any said materials;
That the user will exit this Site(s)/ App(s) immediately should he / she be in anyway offended by the adult nature of the content;
That the user understands and agrees to abide by the standards and laws of India or the jurisdiction from which it is being accessed.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE(S)/ APP(S) IS AT YOUR SOLE RISK. THE SITE(S)/ APP(S) (AND ANY PORTION OF THE SITE(S)/ APP(S)) IS PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE.” TO THE FULL EXTENT PERMITTED BY LAW, MOOD X AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). Neither MOOD X nor any of its affiliates make any warranties or representations about the accuracy or completeness of content available on or through the Site(s)/ App(s) or the content of any web sites, Personal Social Media or other internet or mobile resources linked to the Site(s)/ App(s) and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site(s)/ App(s) (or any parts thereof); (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site(s)/ App(s); (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site(s)/ App(s) (or any parts thereof) by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any User Submissions and/or other Site(s)/ App(s) content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or by means of the Site(s)/ App(s) and/or otherwise through your or any other Site(s)/ App(s) users’ exercise of any rights under any of the Licenses granted by MOOD X herein. MOOD X reserves the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access to any portion of the Site(s)/ App(s) (including, without limitation any of the Services).
You agree to indemnify and hold harmless MOOD X and its affiliates and its and their respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable outside attorneys’ fees and costs) that such parties may incur as a result of or arising from (i) any of your User Submissions; (ii) your exercise of any of your rights granted under the Licenses without your compliance with your responsibilities set forth in these Terms; (ii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these Terms; (iii) your violation of any person’s intellectual property, privacy, publicity or other right; (iv) the violation of any Applicable Laws and/or these Terms by you and/or anyone using your registered account to access and/or otherwise use the Site (in whole or in part); or (v) your willful misconduct or the willful misconduct of anyone accessing the Site through your registered account, in connection with your (and/or such other person’s) use of the Site (in whole or in part). MOOD X reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with MOOD X in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.
MOOD X respects the intellectual property rights of others. Upon proper notice, MOOD X will remove User Submissions (and any other Site(s)/ App(s) content) that violate copyright law. As per the provisions of Information Technology Act, 2000 and any amendments made thereto along with the rules framed there under and the provisions of the Copyright Act, 1957 along with all the amendments made thereto and rules framed there under, MOOD X shall remove upon receiving written notification of claimed copyright infringement on the Site(s)/ App(s) and for processing such claims in accordance with such law. If you believe a work has been copied in a way that constitutes copyright infringement, please send a notification of claimed infringement (an “Infringement Notification”) that contains all the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the claimed infringing material and information reasonably sufficient to permit MOOD X to locate the material on the Site(s)/ App(s); (iii) information reasonably sufficient to permit MOOD X to contact you, such as an address, telephone number, and, if available, an e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) your physical signature.
MOOD X Entertainment
004, Oshiwara, Andheri West, Mumbai-40005
By submitting an Infringement Notification, you acknowledge and agree that MOOD X may forward your Infringement Notification and any related communications to any users who posted the material identified in such notice.
GOVERNING LAW AND JURISDICTION
The relationship between you and MOOD X shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of your use of the Services. Notwithstanding the foregoing, you agree that (i) MOOD X has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum and (ii) any proceeding brought by you shall be exclusively before the courts at Mumbai, India.
If any provision of these Terms shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The failure of MOOD X to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site(s)/ App(s) or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site(s)/ App(s).
This Policy applies to MOOD X Site/ App platforms including without limitation www.MOODx.vip (https://www.MOODx.vip) and other related Site/s or App/s, mobile applications and other online features each a “Site/s or App/s”. We have provided extensive information for you to view the packages before choosing to subscribe to us. If you have any questions or reservations, please contact us at [email protected] prior to subscribing to our services.
We, being the service providers for contents available through SITE or APP, where you are expected to view packages of your choice after being paid for subscription; unfortunately, all fees to MOOD X for such services are non-refundable.
However, in a case where a transaction has been completed by you on the Site, and money has been charged to your card or bank account but a Subscription has not delivered within 24 hours of your completion of the transaction then you may inform us by sending us an email on [email protected] or posting us a message on the Contact US page (optional). In such a scenario you will be entitled to a full refund. We request you to include in the email the following details – the mobile number or email id from which registration has been made and Order Number (company Name) shall investigate the incident and if it is found that money was indeed charged to your card or bank account without delivery of the subscription then you will be refunded the money within 7 working days from the date of the receipt of your email.
PLEASE READ AND MAKE SURE YOU FULLY UNDERSTAND OUR REFUND POLICY PRIOR TO MAKING A PAYMENT.
To be able to view certain premium content (“Premium Content”), you will be required to subscribe to any one subscription plan (“Plan”) of the MOOD X Site(s)/ App(s) Service viz., the plans available on the Site(s)/ App(s) to be able to access the services which shall be entitled to full fee flexibility, solely at the discretion of MOOD X.
You may be required to subscribe to the MOOD X Site(s)/ App(s) Service and such subscription in a particular geographical territory that shall be valid for that territory only and shall not automatically entitle you to access your account from a different geographical territory, unless specifically permitted by MOOD X. You will be required to re-subscribe to the MOOD X Site(s)/ App(s) Services in the event that you wish to use the services from a different territory other than the one from where you originally subscribed to the MOOD X Site(s)/ App(s) Service.
The availability of content(s) to view through MOOD X Site(s)/ App(s) Service will change from time to time at the sole discretion of MOOD X. The quality of the display of the streaming video may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection, and/ or quality of user’s hardware. You are responsible for all internet access charges. Please check with your internet provider for information on possible internet data usage charges.
Geographic Limitation: You may watch a video through the MOOD X Site(s)/ App(s) Service only in geographic locations where MOOD X offers the MOOD X Site(s)/ App(s) Service. The content that may be available to view will vary by geographic location. MOOD X may use technologies to verify your geographic location.
To facilitate your viewership and access of the content on the Site/App, the content may have been packaged by MOOD X differently, wherein the Content or Services may be accessible, which may include advertisements or commercials or via a subscription model or a pay-per-view model with or without advertisements / commercials or with a combination of the foregoing.
Type of Information
1 Information You Provide
In order to use the Site/App and the services offered, Users (“User” / “You”) must create an account with MOOD X (“MOOD X Account”). Creating the MOOD X Account may require the User to provide inter alia the following personal information associated with the User, including but not limited to his / her name; gender; residential address, including city / state / province (if applicable), postal code, country, and region; phone and mobile number, e-mail address; preferred language; and login name and password (“Personal Information”).
Automatic Information Collection
2.1 MOOD X may use a variety of technologies that automatically or passively collect information about how the Site/App is accessed and used (“Usage Information”). Usage Information may consist inter alia of the following data about your visit to the Site/App: content viewed, date and time of view, content listed on watch-later-list; followed content; favoured content; access type depending on the model of services described hereinabove, number of website/App hits, type of computer operating system including the type of internet browser and internet service provider. Usage Information is generally non-identifying in nature, but MOOD X may associate the same with other information collected and hence treats it as Personal Information.
3.2.2 MOOD X also may automatically collect your IP address or other unique identifier for the computer, mobile device, technology or other device (collectively, “Device”) which you use to access the Site/App. A unique identifier is a number that is automatically assigned to your Device when you access a web Site/App or its servers, and our computers identify your Device by this number (“Device Identifier”). Some mobile service providers may also provide us with the physical location of the Device used to access the Site/App.
3.3 Cookies and Web Beacons
3.3.2 MOOD X may also use Web Beacons in combination with cookies to understand how you interact with Site/App. Web Beacons are typically transparent graphic images that are placed on the Site/App or in an email and allows the Site/App to measure your actions in opening the page that contains the Web Beacon.
3.3.3 MOOD X may also use other asynchronous methods and / or technology in combination with / without other tracking technologies to understand a User’s interaction with Site/App and content residing therein.
3.4 Third Party Payment Gateway – Financial Information
3.4.2 MOOD X advises you to be careful about phishing emails and advises you to be cognizant of the fact that identity theft can be committed through e-mail or other means, such as regular mail, fax or telephone by phishing. Phishing is when you receive authentic-looking messages, but in reality it is sent by imposters using similar looking email addresses to obtain Personal Information especially personally sensitive data such as financial information. Please remember that none of the payment gateways on the Site/App send e-mails that ask for unsolicited confidential information such as personally sensitive financial information by email and do not conduct or approve financial transactions over email.
1 When You Agree To Have Your Personal Information Shared
4.2 Third Parties Providing Services on Our Behalf
We may from time to time employ third party service providers to perform functions on our behalf, such as hosting or operating our Site/App, hosting the Personal Information, executing interactive voice response programs, sending e-mail message communications, and providing data analysis services, within or outside India.
4.3 Affiliate Sharing and Business Transfers
We may share your Personal Information with other entities affiliated with us for internal reasons, primarily for business and operational purposes. Subject to your explicit consent to receiving marketing materials from MOOD X affiliated companies, we may share your e-mail address and information on your preferences and interests with such affiliated companies in order for them to provide you with certain marketing and promotional communication. MOOD X or any of its assets, including the Site/App, may be acquired/merged/de-merged/spun-off and/ or any other transactions may occur in which your Personal Information is one of the business assets of the transaction, your Personal Information may be transferred.
4.4 Legal Protections and Other Disclosures
1 MOOD X respects your privacy and is committed to protecting the personally identifiable information that you provide, in connection with your use of its Site/App. MOOD X takes reasonable and appropriate precautions to protect your personally identifiable information from unauthorized disclosure and to prevent possible security breaches. MOOD X has implemented a code of best practices for data protection which is compliant with the IS / ISO / IEC 27001 standard and hence in compliance with the standards set out under the provisions of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.
5.2 You understand that part of the services offered via the Site/App is providing you with information about the content offered via the Site/App. By providing your email address in the registration process you consent to the receipt of such content information via email. You may opt out of receiving e-mail newsletters by following the opt-out instructions provided to you in the e-mail communication. Please note that we reserve the right to send you certain communications relating to your MOOD X Account or use of the Site/App in order to perform the requested services for you. These transactional account messages will not be stopped even after you choose to opt-out from marketing communications. In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the Site/App. MOOD X is under no obligation to store such Personal Information indefinitely and hereby expressly disclaim any liability arising out of, or related to, the destruction of such Personal Information. In addition, you should be aware that it may not be possible to completely remove or delete all of your Personal Information from our databases in order to effectuate any opt-out preferences you have made due to technical concerns with data backup and contingency support.
5.3 MOOD X incorporates commercially reasonable safeguards to help protect and secure your Personal Information. However, in light of the fact that electronic data can be intercepted, corrupted, lost or destroyed, please note that MOOD X cannot ensure or warrant the security of any data, and your use of the Site/App is at your own risk.
5.4 You may contact us with your questions or comments or if you want to object to the processing and use of your personal information at: [email protected]