TERMS & CONDITIONS OF USE
[Last updated: DEC 2024]
Cinebazzar Nextlevel Private Limited (hereinafter “CNPL/We/Us/Our”) is a video-on-demand service.
These CNPL Terms and Conditions of Use create a contract between you and CMPL (“the Agreement/Terms"). Please read these Terms, along with the Privacy Policy, and all other rules and policies related to CNPL’s services. Your transactions and use of the Services (defined below) are subject to these Terms. Each time you visit, browse or use the Services, you accept these Terms. The Services can be used by any person under 18 years of age only with the guidance of a parent or guardian.
SERVICES
Cinebazzar allows you to view the audio-visual content (“Digital Content”) on its website and its application/s made available over various devices including but not limited to television, mobile phones, etc. (“Platform”) in exchange for either a one-time fee, enabling you to rent Digital Content (“Transaction Video-on-Demand/TVOD”)or for a recurring subscription to access the Digital Content(“Subscription Video-on-Demand/SVOD”), (each a “Paid Service” and collectively “Paid Services”). In addition to TVOD and SVOD, Paid Services also include any other services which CNPL may offer in the future.
Further, certain Digital Content may be made available by CNPL free of cost on its Platform at its sole discretion (“Free Video-on-Demand/FVOD”). Paid Services and FVOD shall be cumulatively referred to as “Services”.
Each time you place an order for a Service, you enter into a separate contract for services on these Terms. When you complete payment for any Paid Service or access any FVOD service, you signify that you wish to enter into a binding contract for the applicable Services.
You are required to create an account to use our Services. You confirm that you are at least eighteen (18) years of age and are hence eligible to create an account and use our Services.
CONTENT
CNPL may allow you to access the Digital Content in the following manner: (1) Digital Content available on a rental basis for up to thirty (30) days (“Rental Content”); (2) Digital Content available under a subscription plan (“Subscription Content”); (3) Digital Content available on a free to watch basis (“Free Content”).
You may cancel an order for Subscribed Content or Rental Content within _ hours of subscription or rental by __; except that you may not cancel an order for Subscribed Content or Rental Content once you have started watching or downloading such Digital Content.
You may cancel a pre-order for Subscribed Content or Rental Content any time before its release date. The release date of pre-ordered Digital Content is subject to change at the sole discretion of CNPL.
CNPL grants you a non-exclusive, non-transferable, non-sublicensable, limited license, during the applicable Viewing Period, to access and view the Digital Content in accordance with this Agreement, for personal, non-commercial, private use. We may automatically remove Digital Content from your compatible device after the end of its Viewing Period. ‘Viewing Period’ for the purpose of this policy shall mean the period during which a user/subscriber is allowed access to any Digital Content as per the viewing policy
Subscribed Digital Content will generally continue to be available to you for download or streaming from the Service, as applicable, but may become unavailable due to potential content provider licensing restrictions or for other reasons, and CNPL will not be liable to you if any Free Content or Subscribed Content becomes unavailable for further download or streaming.
USAGE OF PAID SERVICES
Usage of Services by you must strictly follow the rules set forth under the following clauses. Any other use the Services is a material breach of this Agreement.
You may use the Services only for personal, non-commercial purposes. CNPL’s delivery of Digital Content does not transfer any commercial or promotional use rights to you and does not constitute a grant or waiver of any rights of the copyright owners.
Digital Content is viewable only on a single device at a time. It must be played within 1 day, and completed within 24 hours of the start of play (stopping, pausing, or restarting does not extend this period).
CANCELLATION
You can cancel your subscription to the Service at any time, and you will continue to have access to the Services through the end of your billing period. Please notice that since the Service is provided to you online, there are no delivery costs associated with the cost of the subscription fee.
We will honour your request for cancellation of your subscription to the Services if such a request is made within 24 hours of you signing up to the Service. Upon receipt of your cancellation request, for any reason whatsoever, we will refund 100% of your payment within __ days from the requested date. Please note that we do not provide refunds or credits for any partial membership periods or unwatched content.
To cancel, navigate to the "Account" tab and follow the cancellation instructions. Your account will automatically close at the end of your current billing cycle if you cancel your membership. If you signed up for the Services using a payment mode originating from a third party and want to cancel your membership, you may have to turn off auto-renew or unsubscribe from the Services through that third-party payment platform.
We reserve the right to change our subscription plans and the price of our service at any time; however, any price increases or changes to your subscription plans will take effect no sooner than __ days after you have been notified.
PERSONALIZED RECOMMENDATIONS
CNPL may recommend Digital Content to you based on your downloads, purchases, rentals, viewing history and other activities. You may opt-out from receiving such personalized recommendations in your account settings.
Some recommendation features may require your permission before they are turned. If you turn these features on, you will be asked to give CNPL permission to collect and store certain data, including but not limited to your device activity, location, and usage.
AMENDMENT/MODIFICATION
CNPL reserves the right at any time to amend or modify this Agreement and add new terms or conditions on your use of the Services. Such modifications/amendments/additional terms and conditions will be effective immediately and incorporated into this Agreement. YOUR CONTINUED USE OF THE SERVICES WILL BE DEEMED ACCEPTANCE THEREOF.
THIRD-PARTY MATERIALS
CNPL is not responsible or liable for third party materials included within the Digital Content.
INTELLECTUAL PROPERTY
The Digital Content, including but not limited to audio clips, video clips, editorial content, scripts, and any other work contain proprietary information and material that is owned by CNPL and/or its licensors and is protected by applicable intellectual property and other laws.
You agree that you will not use such proprietary information or materials in any manner whatsoever except for the use of the Digital Content for personal, non-commercial uses in compliance with this Agreement. No part of the Digital Contentmay be reproduced in any form or by any means, except as expressly permitted by this Agreement.
You agree not to modify, rent, loan, sell or distribute the Digital Content in any manner, and you shall not exploit the Digital Content in any manner not expressly authorized by CNPL.
You are granted no right or license with respect to CNPL’s trademarks.
TERMINATION
If you violate or fail to comply with any of the terms of the Agreement, your rights under this Agreement will forth withbe terminated without notice, and CNPL may, in its discretion, immediately revoke your access to the Services and the Digital Content without refund of any payments made by you towards the Services. In such an event, you must immediately delete all copies of the Digital Content that you may have downloaded.
CNPL also reserves the right to modify, suspend, or discontinue the Services at any time without notice to you, and CNPL will not be liable to you or any third party.
WARRANTIES
You agree that you shall not (i) transfer, copy or display the Digital Content, except as permitted in this Agreement; (ii) sell, rent, lease, distribute, or broadcast any right to the Digital Content; (iii) remove any proprietary notices or labels on the Digital Content; (iv) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used as part of the Service; or (v) use the Paid Service or Digital Content for any commercial or illegal purpose.
CNPL does not guarantee, represent, or warrant that your use of the Services will be uninterrupted, or error-free.
You agree that from time to time, CNPL may remove the Services for indefinite periods, cancel the Services at any time, or otherwise limit or disable your access to the Services without notice to you.
You expressly agree that your use of, or inability to use, or activity in connection with the Services is at your sole risk.
The Services and Digital Content delivered to you are provided “as is” for your use, without warranties of any kind, either express or implied.
You agree that you shall not sue or recover any damages from CNPL, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the services, or to take any other action during the investigation of a suspected violation or as a result of CMPL’s conclusion that a violation of this agreement has occurred.
LIMITATION OF LIABILITY
In no case shall CNPL, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the Paid Services or for any other claim related in any way to your use of the services and/or content, including, but not limited to, any errors or omissions in any content, including Digital Content, or any injury, loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.
You agree that your submission of any information in connection with the Platform and the Services is at your sole risk, and you hereby release CNPL from any and all liability to you for any loss or liability relating to such information in any way.
CNPL does not represent or guarantee that the Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions, and you hereby release CNPL from any liability relating thereto. You shall be responsible for backing up your own system, including any Digital Content acquired or rented through the Services.
CNPL is not responsible for data charges you may incur in connection with your use of the Services.
WAIVER
Your access or use or subscription of any contenton the Platform, including Digital Content,does not transfer any commercial or promotional use rights to you and does not constitute a grant or waiver of any rights of the copyright owners thereof.
CNPL’s failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of our rights, and nor shall it impair such right on future occasions.
SEVERABILITY
In the event that any term, condition, or provision of this Agreement is held to be a violation of any applicable law, statute, or regulation the same shall be deemed to be deleted from this Agreement and shall be of no force and effect and this Agreement shall remain in full force and effect as if such term, condition, or provision had not originally been contained in this Agreement.
INDEMNITY
You agree and undertake to indemnify and hold CMPL, its subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively ‘CMPL Parties’) harmless from and against any losses, costs, liabilities, expenses (including reasonable attorneys’ fees), claims, damages, complaints or legal proceedings, including the cost or including without limitation any legal fees or attorneys’ fees, arising out of or relating to:
Any deficiency, error, inaccuracy in the information, representations and warranties provided by you;
Any of your unfulfilled obligations;
Breach by you of any of your undertakings, obligations, representations and warranties under this Agreement;
Breach by you of any rights of third parties, including without limitation any intellectual property rights;
Your violation of any applicable laws, rules or regulations.
In the event of any claims, actions, suits, complaints or proceedings, you will promptly adjust, settle, defend or otherwise dispose of such claim exclusively at its own cost without binding CNPL to any obligations or liabilities and without prejudice to any rights of CNPL. We will reasonably co-operate with you in all such matters, and reserve the right to take over control of any such matter at our sole discretion if we so deem fit. In the event of our takeover of control over such a matter, you confirm that you will fully cooperate with us in asserting available defences. You agree and acknowledge that this provision will survive even upon cessation of your use of our Platform.
GOVERNING LAW & JURISDICTION
This Agreement and the relationship between you and CNPL and all transactions on the Services and any interactions thereof shall be governed by the laws of India.
Any dispute arising out of or in connection with this Agreement shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, as amended or re-enacted from time-to-time. CNPL and you shall mutually appoint a sole arbitrator. All proceedings in any such arbitration shall be conducted in English and the venue shall be in Pune and the Courts in Pune alone shall have exclusive jurisdiction to deal with the arbitration proceedings and the awards in accordance with the law. The arbitration award shall be final and binding on the Parties, and the Parties agree to be bound thereby and to act accordingly.
CUMULATIVE RIGHTS
All rights and remedies granted hereunder to CNPL are in the cumulative and not alternative to each other and CNPL may exercise one or more of such rights and remedies in conjunction with the other.
ASSIGNMENT
You shall not assign or transfer any of your rights or obligations under this Agreement to any third-party.
SURVIVAL
The provisions of this Agreement that should, by their nature survive termination and/or expiration, shall and do survive such termination and/or expiration.
CONTACT INFORMATION
For any further queries regarding the above Terms and Conditions of Use, please contact us here.
IP DISCLAIMER
INTELLECTUAL PROPERTY
Cinebazzar Nextlevel Private Limited(‘CNPL’) owns several intellectual property rights. All rights are reserved worldwide across all modes, media and formats.
Copyright:
The Services, including but not limited to all the content provided on the ‘Cinebazzar’ website and/or the corresponding application/s thereof (‘Platform’), are protected by copyright, trade secret or other intellectual property laws and treaties. All materials on the Platform are ©️ 2021 CINEBAZZAR NEXTLEVEL Private Limited. You are not granted any right or license in the copyright, or other intellectual property right in, including but not limited to, any of the content available on thePlatform. You are prohibited from republishing or creating a hypertext link or frame to any content provided on our Platform without the prior written consent from CNPL.Without the prior written consent of CNPL, you are prohibited from assimilating in whole or in part any element of our Platform in any other websites or programs or by any other means.
Trademark:
‘Cinebazzar’ is a licensed trademark of CNPL. You are not granted any right or license in the trademark or other intellectual property right, either owned or licensed, in any content available on our Platform. You may not use our trademark without the prior written consent from Our Company. The Platform contains elements protected by trademarks and other intellectual property rights. Without the prior written consent of CNPL, it is prohibited to assimilate in whole or in part any element of our Platform in any other websites or programs or by any other means.
INFRINGEMENT CLAIMS POLICY
Upon receipt of a notice, we will investigate all claims of intellectual property infringement concerning the content of our Platform in accordance with the applicable intellectual property laws. To report any alleged copyright infringement, please share the following details with us:
A copy of the copyrighted work alleged to have been infringed;
A physical or electronic version of the evidence that the person alleging the infringement is the copyright owner or the person authorized to act on behalf of the owner;
A link and description to where the allegedly infringing material is located on our Platform;
An affidavit by you that the report has been made in good faith, believing that the copyright owner has not authorized the use of the copyrighted material to us;
An affidavit by you made under penalty of perjury stating that all the information provided by you in the notice is accurate and that you are the copyright owner or the authorized representative of the copyright owner.
We can be reached through the following email address: infocinebazzar@gmail.com