This Terms & Conditions applies to EIGHTFLIX and EIGHTSHOTS App and its sites .
AGE OF MAJORITY
Unless otherwise specified, EIGHTSHOTS is available for individuals who have attained the age of majority in their jurisdiction. In the case of Indian jurisdiction, this service is restricted to Users below the age of 18 also referred to as minors. If you are under the relevant age of majority in your jurisdictions, you may only access the Website/ Application and avail the Services only in accordance with applicable law which enables a minor in your jurisdiction to access such a service. In India, by browsing or downloading and/or installing and/or using EIGHTSHOTS, You represent and warrant that YOU are 18 years of age or older and in case YOU are less than 18 years of age, you have taken consent of your parent or guardian.
SOME CONTENT OFFERED ON THE SITE MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER’S DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE SITE MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY MINORS. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THIS WEBSITE.
The content on EIGHTSHOTS and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by EIGHTSHOTS 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 Website/ Application content/ services and/or any portion thereof. You agree not to copy, reproduce, duplicate, stream, capture, archive, upload, download, publish, broadcast, sell, resell, edit, modify, manipulate, translate, decompile, disassemble, reverse engineer or exploit for any purposes the content or any portion of Website/ Application, including, without limitation, the Content and the Marks, except as authorized by these TERMS or as otherwise authorized in writing by EIGHTSHOTS. In addition, You are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based on in any way the Content and the Marks, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, except as authorized by these TERMS or as otherwise authorized in writing by EIGHTSHOTS. You must abide by all copyright notices, information, and restrictions contained in or associated with any Content. You must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection or access control measure (including, without limitation, Geo-filtering and/or encryption) associated with the Content. You hereby agree that all intellectual property rights, title and interest in the user-generated content published or generated on Website/ Application by You shall vest with EIGHTSHOTS.
You further agree not to use our packages for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction including but not limited to copyright laws. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in immediate termination of your Services.
You understand that your contents – not including credit card information, may be transferred unencrypted and involve
To register for the EIGHTSHOTS Website/ Application, You shall be required to open an account by completing the registration process by providing us with your current, complete and accurate information as prompted by the applicable registration form; You shall also choose a password and a user name. EIGHTSHOTS reserves the right to suspend or terminate Your registration as Registered User without assigning any reason (including for provision of inaccurate, not current or incomplete information during the registration process or thereafter). As a Registered User, You shall be responsible for safeguarding Your password and for all transactions undertaken using Your Username and password. You agree not to disclose Your password to any third party and to take sole responsibility for any activities or actions under Your account, whether or not You have authorized such activities or actions.
In particular, as a parent or legal guardian, you acknowledge and assume sole responsibility to ensure that content which is meant for mature audiences, i.e., above the age of majority, is not accessed by children. Hence, you may not share your log in credentials with your children. It is Your sole responsibility to change Your password immediately if You believe that Your password has been compromised. EIGHTSHOTS will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of Your Username and password in any circumstances. You expressly agree to absolve EIGHTSHOTS and/or the EIGHTSHOTS Website/ Application of any responsibility/ liability in this regard.
We reserve the right to refuse service to anyone for any reason at any time.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
By subscribing to EIGHTSHOTS, you are expressly agreeing that EIGHTSHOTS is authorized to charge you subscription fee as per your selected plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of EIGHTSHOTS’s Service through any such payment method/ instrument including but not limited to credit/debit card, net banking or other payment method/ instrument accepted by EIGHTSHOTS (“Payment Method”) that you are provided. The Payment Methods will differ from platform to platform (operating systems). In the event your subscription expires, EIGHTSHOTS reserves the right to auto-renew your subscription through your authorized Payment Method provided such Payment Method offers the service of auto-renewal. You hereby authorize Us to effect such auto-renewal in the above-mentioned scenario. In the event you desire to discontinue your auto-renewed subscription, you may contact us at [email protected] in order to obtain assistance in this regard. All fees and charges are non-refundable and there are no refunds or credits for partially used periods and/or unwatched content.
You agree to provide current, complete and accurate account information for all subscriptions. You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.
To be able to view certain premium content (“Premium Content”), you will be required to subscribe to any one subscription plan (“Plan”) on EIGHTSHOTS Website/ Application. Any Registered User can avail the Subscription Package (“Subscription User”). As Subscription User, You will be required to subscribe to Subscription Packages made available by EIGHTSHOTS from time to time. The subscription to Subscription Packages may be subject to additional terms specified by EIGHTSHOTS. Depending on packages and/or value added services and the term of the proposed subscription, You will be required to make payment via a Payment Method provided by EIGHTSHOTS for accessing and browsing EIGHTSHOTS. If You wish to avail EIGHTSHOTS after the expiry of the initial term of Subscribed Packages, You shall prior to the expiry of such term, recharge Your account with the then prevailing subscription charges.
EIGHTSHOTS reserves the right to modify or discontinue Website/ Application at its sole discretion with or without notice to You. EIGHTSHOTS shall not be liable to You or any third party in any manner, should EIGHTSHOTS exercise its right to modify or discontinue Website/ Application. Further, EIGHTSHOTS reserves the right, at any time, with or without notice and without any liability to:
In a credit card and/or debit card and/or net banking and/or cash card transaction and/or any other mode available, You must use Your own credit card and/or debit card and/or net banking account and/or cash card. You confirm and acknowledge that You are aware of the fact that when making any online payment through credit card or debit card or net banking account or cash card or via any other mode available, You may be directed to an external payment gateway page. The payment gateway may redirect
You to other website(s) maintained or controlled by third parties, and EIGHTSHOTS does not control such third party website(s) and hence is not responsible for any transactions on such website(s). EIGHTSHOTS will not be liable for any credit card or debit card or net banking or cash card fraud, and EIGHTSHOTS will not entertain or address any such grievances or issues. You are requested to communicate all grievances related to such issues to your bank or mobile carrier/operator or mobile wallet provider who has issued such credit card or debit card or net banking account or cash card. EIGHTSHOTS shall not be responsible for all or any dispute or difference relating to online payment made by you through credit card or debit card or net banking account or cash card or via any other mode available. Further, EIGHTSHOTS will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your credit card or debit card or net banking account number or cash card and other details. Payments once made by credit card or debit card or net banking or cash cards or via any other mode available shall not be refunded in any circumstances. You are hereby advised to keep details of your credit/debit card and net banking confidential and do not share any such details with any other third party. EIGHTSHOTS is available in select countries only. EIGHTSHOTS would not be held responsible for hindrances in the access and use of EIGHTSHOTS due to geographical change in Your location. Further, YOU will be solely liable for accessing and using EIGHTSHOTS in the countries of Your use. Your subscription to EIGHTSHOTS in a particular geographical territory 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 EIGHTSHOTS. You will be required to re-subscribe to EIGHTSHOTS in the event that you wish to use the services from a different territory other than the one from where you originally subscribed to EIGHTSHOTS.
EIGHTSHOTS shall have the discretion to make certain or all Content that is a part of the Subscription available to you on either one or limited number of end user device concurrently.
ACCESS TO USE
To access the EIGHTSHOTS Website/ Application, You will have to enter your individual Username and password, as chosen by you during your registration.
If EIGHTSHOTS reasonably believes that an account and password is being misused in any manner, EIGHTSHOTS reserves the right to cancel access rights immediately without notice, and block access to all users from that IP address. Furthermore, you shall be entirely responsible for any and all activities that occur under your account. You agree to notify EIGHTSHOTS immediately of any unauthorized use of your account or any other breach of security. EIGHTSHOTS will not be liable for any loss that you may incur as a result of someone else using your password or account, however, you could be held liable for losses incurred by EIGHTSHOTS or another party due to someone else using your account or password.
AVAILABILITY & QUALITY
The availability of content(s) to view through Website/ Application will change from time to time at the sole discretion of EIGHTSHOTS. 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 EIGHTSHOTS Website/ Application only in geographical locations where EIGHTSHOTS offers the content, and the content available to view will vary by geographical location determined by EIGHTSHOTS. EIGHTSHOTS may use technologies to verify your geographical location.
RESTRICTIONS & PROHIBITED USES
It is hereby clarified that EIGHTSHOTS is provided for your personal, non- commercial use only. You agree not to, either directly or through the use of any device, software, web-based service, or by other means, copy, download, archive, perform, display, upload, publish, transmit or retransmit the Content or create any work or material that is derived from or based on the Content, rent, lease, duplicate, sub-license, assign, pledge, loan, or resell the Content of EIGHTSHOTS. You shall only use EIGHTSHOTS on Device(s) that is under Your exclusive control and ownership. You shall not permit any third party to benefit from the use or functionality of EIGHTSHOTS, either directly or via any facility management, time-sharing, service bureau or any other arrangement. If you transfer possession of any copy of EIGHTSHOTS to another party, your subscription of EIGHTSHOTS shall automatically get terminated. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device(s), program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of EIGHTSHOTS or any Content, or in any way reproduce or circumvent the navigational structure or presentation of EIGHTSHOTS or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through EIGHTSHOTS. We reserve the right to bar any such activity.
You shall not probe, scan or test the vulnerability of EIGHTSHOTS website or any network neither connected to EIGHTSHOTS nor breaches the security or authentication measures on EIGHTSHOTS or any network connected to EIGHTSHOTS. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to EIGHTSHOTS to its source. You also agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of EIGHTSHOTS or any systems or networks connected to EIGHTSHOTS. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through EIGHTSHOTS, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on
You acknowledge and agree that EIGHTSHOTS is not responsible or liable for:
It is possible those other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on EIGHTSHOTS and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you on the public forum due to your use of EIGHTSHOTS, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses but by browsing/using EIGHTSHOTS, You acknowledge and agree that We shall not responsible for the use of any personal information that You publicly disclose or share with others on EIGHTSHOTS.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions on any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third- party provider(s).
You acknowledge and agree that certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the subscriptions or use of services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third- party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Website/ Application or any parts thereof. 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 Website/ Application content. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
You further agree that your comments will not contain defamatory otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
The relationship between EIGHTSHOTS and You is on a principal-to-principal basis. You are in no way EIGHTSHOTS’s legal representative, partner or agent for any reason whatsoever.
You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. As Subscription User, Your right to use EIGHTSHOTS/ EIGHTFLIX shall automatically terminate on the expiry of the term of the Subscription Package. You may discontinue your participation in and access to EIGHTSHOTS/ EIGHTFLIX at any time. You agreed that upon suspension or termination, no amount shall be refunded to you by EIGHTSHOTS/ EIGHTFLIX.
COPYRIGHT INFRINGEMENT NOTIFICATION
EIGHTSHOTS/ EIGHTFLIX respects the intellectual property rights of others. Upon proper notice, EIGHTSHOTS/ EIGHTFLIX will remove User Submissions (and any other Website/ Application content) that violates 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, EIGHTSHOTS/ EIGHTFLIX shall remove upon receiving written notification of claimed copyright infringement on the Website/ Application 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:
INFRINGEMENT NOTIFICATION IS TO BE SENT TO
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, availability etc. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel subscription(s) if any information in the Service or on any related website is inaccurate at any time without prior notice, including after you have subscribed the packages. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE/ APPLICATION IS AT YOUR SOLE RISK. THE WEBSITE/ APPLICATION IS PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE.” TO THE FULL EXTENT PERMITTED BY LAW, EIGHTFLIX 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 EIGHTSHOTS/ EIGHTFLIX nor any of its affiliates make any warranties or representations about the accuracy or completeness of content available on or through the Website/ Application or the content of any web sites, Personal Social Media or other internet or mobile resources linked to the Website/ Application and assume no liability or responsibility for any errors, mistakes, or inaccuracies of content. In no case shall EIGHTSHOTS, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any packages procured using the service, or for any other claim related in any way to your use of the service or any package, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS, EIGHTSHOTS/ EIGHTFLIX, ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS, LICENSORS, CONTRACTORS, SUB CONTRACTORS, SERVICE PROVIDERS, SUPPLIERS, INTERNS AND EMPLOYEES (“INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) THAT SUCH INDEMNIFIED PARTIES MAY INCUR AS A RESULT OF OR ARISING FROM (A) ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, YOUR USER GENERATED CONTENT, FEEDBACK, OR ANY OTHER CONTENT) YOU (OR ANYONE USING YOUR ACCOUNT) SUBMIT, POST, OR TRANSMIT ON OR THROUGH EIGHTSHOTS/ EIGHTFLIX; (B) YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF EIGHTSHOTS/ EIGHTFLIX; (C) YOUR (OR ANYONE USING YOUR ACCOUNT’S) VIOLATION OF THESE TERMS; OR (D) YOUR (OR
ANYONE USING YOUR ACCOUNT’S) VIOLATION OF ANY RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET OR OTHER PROPRIETARY RIGHTS OF ANY PERSON OR ENTITY. EIGHTSHOTS/ EIGHTFLIX RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH EIGHTSHOTS/ EIGHTFLIX IN ASSERTING ANY AVAILABLE DEFENSES. THIS PROVISION SHALL REMAIN IN FULL FORCE AND EFFECT NOTWITHSTANDING ANY TERMINATION OF YOUR USE OF THE SITE.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect validity and enforceability of any other remaining provisions.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and jurisdiction of Mumbai, Maharashtra.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between You and EIGHTSHOTS/ EIGHTFLIX and govern Your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and
EIGHTSHOTS/ EIGHTFLIX (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Questions about the Terms of Service should be sent to us at [email protected]