1. INTRODUCTION.
These Terms and Conditions (Terms) read with the Privacy Policies apply to the user of our Application and/or Service (User / You / Your) and TV9 Network under the aegis of Associated Broadcasting Company Private Limited having its registered office at Hyderabad (Company / Us, We, or Our) which owns the mobile application Tv9News (Application) . These Terms are an electronic record in terms of the Information Technology Act, 2000 (Act) and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. These Terms are generated by a computer system and do not require any physical or digital signatures.
By registering or installing the Application or by using any Company products, software, data feeds, and services provided to you on, from, or through the Application, you agree to all of the terms and conditions contained herein. These Terms constitute a legally binding agreement between you and Company and govern your use of the Application and the information, offers, services, features, content, offered through the Application (Services). These terms may be updated by the Company from time to time. You agree to access the Application subject to acceptance of the Terms as set out herein.
In addition, when using any particular services, you may be subject to any posted guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into these terms. You confirm that: (a) you are at least 18 years of age (or) (if different) at least the age of legal majority in your country of residence) and are fully able and competent to enter into these Terms, and abide by and comply with these Terms; (b) all information provided by you to us (including during registration) is true, accurate and up to date in all respects and at all times; and (c) you will comply with these Terms in connection with your use of the Application and/or Service. If You are under the Age of Majority, and continue accessing the Service, the Company will assume that You have reviewed these Terms and the Privacy Policy with Your parent/legal guardian and Your parent/legal guardian understands and agrees to it on Your behalf. Where Users are below the Age of Majority, all references to User, You and Your shall mean and include You and Your parents/ legal guardians acting for and on Your behalf for Your benefit.
PLEASE READ THE TERMS CAREFULLY BEFORE USE OF THE SERVICES. THESE TERMS CONSTITUTE A LEGAL AND BINDING AGREEMENT BETWEEN YOU (THE END USER OF COMPANY), AND GOVERN YOUR USE OF THE APPLICATION. BY CHECKING/CLICKING ON THE `I AGREE` LINK AND/OR BY DOWNLOADING AND/OR INSTALLING AND/OR BROWSING OR USING APPLICATION / SERVICE, YOU EXPRESSLY ACCEPT THE TERMS. IF YOU DO NOT ACCEPT TO THE TERMS, PLEASE DO NOT BROWSE AND/OR DOWNLOAD AND/OR INSTALL AND/OR USE APPLICATION / SERVICE. BY INSTALLING OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY AVAILABLE AT https://www.tv9hindi.com/privacy-policy.
2. ACCEPTANCE.
Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Application following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Application. Your access and use of the Application is subject to and governed by these Terms, including any additional or different disclaimers, legal notices, agreements, or terms and conditions that may apply to your use of or access to any particular Company website, Company materials, or user content. This Terms form a legally binding agreement between you and Company. By clicking the I Accept button as part of the registration process You accept and agree to abide by the terms of this Terms. If You do not agree to these Terms, You should not attempt to access or use this Application or any other Company website, materials, or user content. You are advised that you read these Terms carefully before signing up. By subscribing to the Application, you shall avail of the Services offered by Company on your mobile hand held and other available devices. Content includes the text, software, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, interactive features and other materials you may view on, or access through the Service. The Service includes all aspects of the Application, including but not limited to all products, software and services offered via the Company website, such as the Company channels, and other applications.
You hereby represent, warrant and covenant that you provide us with accurate, truthful, and complete registration information including, but not limited to your name (User Name), e-mail address, or other information and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account.
The Service may contain links to third party websites that are not owned or controlled by Company. Company has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third party websites. By using the Service, you expressly relieve Company from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.
3. OBLIGATIONS — PERMISSIONS AND RESTRICTIONS
4. PROHIBITED ACTIVITIES.
B. You agree not to use or launch any automated system, including without limitation, robots, spiders, or offline readers, that accesses the Application and/or Service in a manner that sends more request messages to the Companys servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to solicit, for commercial purposes, any users of the Application and/or Service with respect to its Content.
C. Objectionable Content. You are not permitted to and agree not to Post any User Content to the Application and/or Service including social media that is or could be interpreted to be (i) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libellous, objectionable, obscene, offensive, pornographic, paedophilic, shocking, threatening, unlawful, violent, political, derogatory, spamming, or vulgar (nudity and sex), or (ii) promoting any product, good or service, or bigotry, discrimination, hatred, intolerance, depicts women in an inappropriate or derogatory manner, racism, sexism, profanities, criminal behaviour or inciting violence (including suicide), threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation, causing any harm to religious sentiments, any other matters which are perceived to be not in the interest of the general public or may cause harm in any nature or are distasteful, or (iii) patently false and untrue and has been written or published with the intent to harass or mislead for financial gain, or cause injury to any person, patently false or misleading, but is knowingly and intentionally communicated and can be reasonably perceived as a fact, invasive of a persons bodily privacy and is insulting or harassing on the basis of gender, as the Company may determine in its sole and absolute discretion (collectively, Objectionable Content). The Posting of any Objectionable Content may subject you to third party claims and none of the rights granted to you in these Terms may be raised as a defense against any third party claims arising from your Posting of Objectionable Content. You also agree not to use the Service for illegal or unlawful purposes, including, without limitation, to stalk any other User. If you encounter any Objectionable Content on the Service, then please follow the procedure mentioned in Grievances clause. You acknowledge and agree that the Company provides you the right to report Objectionable Content as a courtesy, and the Company has no obligation to remove or take any other action with respect to any Objectionable Content on the Service that you report to us. The Company may terminate, suspend, warn or take other appropriate actions against Users for Posting Objectionable Content to the Application and/or Service, including, but not limited to, the removal of all User Content uploaded to the Application and/or Service by a User.
Furthermore, if you are found to be in non-compliance with the laws and regulations, these Terms, or the privacy policy of Application and/or Service, Company shall have the right to immediately terminate/block your access and usage of Application / Service and Company shall have the right to immediately remove any non-compliant Content, uploaded or posted by you and shall further have the right to take recourse to such remedies as would be available to Company under the applicable laws.
5. YOUR USE OF CONTENT.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content, Application and/or Service.
6. WARRANTY DISCLAIMER.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS ORREPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS APPLICATIONSS CONTENT OR THE
CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES 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 AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OFTRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANYERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE SERVICES. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FORANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BEA PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS,EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANYUNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATIONAND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES,(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE,WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR
(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, COMPANY LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE SERVICES AGAIN (OR THE COST OF SUPPLYING YOU THE SERVICES AGAIN).
YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FOR THE AVOIDANCE OF DOUBT, THE COMPANY WILL NOT BE LIABLE FOR ANY UNAUTHORIZED USE OF USER CONTENT BY ANY USER. BY USING THE SERVICE, YOU MAY ENCOUNTER CONTENT THAT MAY BE OFFENSIVE, INDECENT OR OBJECTIONABLE; THIS CONTENT MAY OR MAY NOT BE IDENTIFIED AS HAVING EXPLICIT LANGUAGE OR OTHER ATTRIBUTES. NEVERTHELESS, YOU AGREE TO USE THE SERVICE AT YOUR SOLE RISK, AND COMPANY HAS NO LIABILITY TO YOU FOR ANY CONTENT. CONTENT TYPES, GENRES, CATEGORIES, AND DESCRIPTIONS ARE PROVIDED FOR CONVENIENCE, AND
COMPANY DOES NOT GUARANTEE THEIR ACCURACY.
8. GRIEVANCES.
If you believe that any content on the Application and/or Service is Objectionable Content
or any other grievance relating to the Content, please notify us immediately by following
our Grievance Procedure. Once this procedure has been followed, Company will make all
reasonable endeavours to remove such Objectionable Content complained about within a
reasonable time. The Company shall on examination of the complaint take all reasonable
measures, including taking down the Objectionable Content expeditiously in accordance with
applicable law. You agree and acknowledge that the Companys responsibility in relation to
objectionable Content is limited to removing them post receipt of Your objections in
accordance with these Terms and the Company shall not be responsible or liable for any other
damages or losses incurred by You of any nature whatsoever. The Company will disclose, and
display details of all grievances received by it, the manner in which the grievances are
disposed of, the action taken on the grievances, replies sent, orders or directions
received, and action taken in accordance with applicable laws. This information will be
updated monthly.
Company subscribers, members, Users of the Application in India can file/raise complaints (if
any) in relation to issues such as age ratings, content descriptors, title synopsis, or
access controls for the content currently available on the Application and/or Service.