INTRODUCTION

• Please read these Terms carefully before using our websites and any online services, software or apps provided by Sony Pictures Films India Pvt. Ltd. (formerly known as SPE Films India Pvt. Ltd.) or its family of companies (collectively, "SPFI", "we", or "us" or "our") that post a link to these Terms (the "Service"). By visiting or otherwise using the Service in any manner, you agree to the then posted Terms and any applicable Additional Terms, to be bound by them, and that you have read and understood them. You also acknowledge, agree and consent to our data practices as described in our  Privacy Policy.
  
  These Terms affect your legal rights, responsibilities and obligations and govern your use of the Service, are legally binding, limit SPFI’s liability to you and require you to indemnify us and to settle certain disputes. If you do not wish to be bound by these Terms and/or any Additional Terms, do not use the Service and/or upload User-Generated Content (defined below) and uninstall Service downloads and applications.
  
  By accessing or linking to this Site, you assume the risk that this Site and all of the content it contains, or may in the future contain, including, but not limited to, articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the “Materials”) on this Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. Further, we may add, change, discontinue, remove or suspend any of the Materials at any time, without notice to you and without liability. SPFI assumes no obligation to update the Materials.

ADDITIONAL TERMS

• In some instances, additional or different terms, posted on the Service, apply to your use of certain parts of the Service (individually and collectively "Additional Terms"). To the extent there is a conflict between these Terms and any Additional Terms, these Terms will control unless the Additional Terms expressly state otherwise.

UPDATES TO THESE TERMS AND ADDITIONAL TERMS

• We may prospectively change these Terms and Additional Terms by posting new or changed terms on the Service as more fully explained below.

QUICK LINKS

We have summarized some (but not all) of the main topics of these Terms below. The complete provisions, and not the headings or summaries govern.

• Eligibility; Acceptance of Terms
  This Site is offered and made available only to users 13 years of age or older (“Required Age”) who reside in India and certain features on this Site (including, but not limited to, user registration) may be subject to higher age and/or other eligibility requirements. If you are not yet of the Required Age or the required higher age for certain features, do not reside in India and/or do not meet any other eligibility requirements, please discontinue using the Site immediately or,if for any reason, you do not agree with all of the terms and conditions contained in these Terms of Use, please discontinue using the Site immediately, because by using or attempting to use the Site, you certify that you are at least of the Required age or other required higher age for certain features and meet any other eligibility and residency requirements of the Site.
  
  By accessing and using the Site or uploading User-Generated Content (defined below) on the Site or downloading materials from the Site, you accept and agree to, without limitation or qualification, these Terms of Use. SPFI reserves the right, in its sole discretion, to modify, alter or otherwise change these Terms of Use at any time. Please check these Terms of Use periodically for changes. By using this Site after any changes to these Terms of Use are posted, you are indicating your renewed agreement to be bound by any such changes. Please also review our Privacy Policy.
• GRANTS AND LIMITATIONS OF RIGHTS
  • We only grant you a limited revocable license to use the Service subject to rules and limitations.
  • You grant us a broad license to the content you submit and to your profile. You retain responsibility for your content. We have the right to manage our Service to keep its content appropriate. 
  • Your use of our Service is subject to various restrictions designed to protect the Service and users. 
• LIMITATIONS ON YOUR REMEDIES
  • We disclaim any warranties and provide the Service "As Is". 
  • We are not liable in the event of malfunctioning of the Service, this Site and/or the juxta positioning or combining of your content with any third party content where such juxta positioning or combining is objectionable or offensive or otherwise undesirable to in your view. We retain our right to complete discretion in the usage of User-Generated Content (defined below).
  • You waive your right to equitable and injunctive relief.
• DISPUTE RESOLUTION
  • You agree to the exclusive jurisdiction of the courts of Mumbai and the governing law of India.
• AVAILABILITY OF SERVICE
  • We may change or discontinue our Service, or your right to access it, in whole or in part.
  • Our Service is intended for access from and use in India.

1. OWNERSHIP AND YOUR RIGHTS TO USE THE SERVICE AND CONTENT.

• A. Ownership. The Service and all of its content ("Content"), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein ("Intellectual Property"), are owned or controlled by SPFI, our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of SPFI, our licensors or certain other third parties, and is protected by Indian and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. SPFI owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.
• B. Your Rights to Use the Service and Content.
  • (i) Your right to use the Service and content is subject to your strict compliance with these Terms and the Additional Terms. Your right to access and use the Service and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Service and the content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use only (collectively, the following are the "SPFI Licensed Elements"):
    
    (1) Display, view, use, and play the content on a computer, mobile or other internet enabled or permitted device ("Device") and/or print one copy of the content (excluding source and object code in raw form or otherwise) as it is displayed to you;
    
    (2) Stream the content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Service (any such widget or other digital streaming Internet video player referred to as a "Service Widget");
    
    (3) Cut and paste certain code expressly made available to you through the Service (whether such functionality is designated as "sharing" functionality or not) in order to embed, re-publish, maintain, and/or display the specific 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 Service provides "widget grabbing and embedding" functionality, to "grab" a Service Widget and embed, re-publish, maintain, and/or display such Service Widget on your Personal Social Media;
    
    (4) Cut and paste certain code expressly made available to you through the Service, and/or if the Service provides "widget grabbing and embedding" functionality, to "grab" a Service Widget, to forward, as applicable, such code and/or Service Widget to your friends, so that they can view the Service content contained therein, and/or if, they so desire, so that they themselves may embed the forwarded piece of code or Service Widget on their own Personal Social Media or re-forward it to their own friends;
    
    (5) If the Service includes a "Download" link next to a piece of content (including, without limitation, an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), you may only download a single copy of such content to a single Device;
    
    (6) You understand and agree that (i) by allowing you to use the Service, SPFI does not transfer title to the Service to you; (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Service;; and (iii) you may 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 Service by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law;
    
    (7) If made available to you, obtain a registered personal account (and/or related username and password) on the Service and interact with other Service users as part of Service-based chat rooms, message boards, social media networks, online multiplayer games and/or other activities or similar services offered on the Service;
    
    (8) Link to the Service from a website or other online service, so long as: (a) the links only incorporate text, and do not use any Intellectual Property, (b) the links and the content on your website do not suggest any affiliation with SPFI or cause any other confusion, and (c) the links and the content on your website do not portray SPFI or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to SPFI. SPFI reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party; and
    
    (9) Use any other functionality expressly provided by SPFI on or through the Service for use by users, subject to these Terms (including, without limitation, functionality to upload User-Generated Content (as defined below)) and any applicable Additional Terms.
• C. Rights of Others. In using the Service, you must respect the intellectual property and rights of others and SPFI. Your unauthorized use of content may violate the rights of others and applicable laws and may result in your civil and criminal liability.
• D. Reservation of all Rights Not Granted as to Content and Service. These Terms and any applicable Additional Terms include only narrow, limited grants of rights to use and access the Service and content. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY SPFI AND ITS LICENSORS AND OTHER THIRD PARTIES. Any unauthorized use of any content or the Service for any purpose is prohibited.

2. CONTENT YOU SUBMIT

• A. User-Generated Content.
  (i) General. SPFI may offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service, or on or in response to our pages or posts on any third party platforms or in connection with any of our promotions by any media or manner, or otherwise submit to us (e.g., on our Facebook or other social media pages, in response to our tweets, through a sweepstakes or contest, or by mail) (collectively, "submit") messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding SPFI Licensed Elements included therein, "User-Generated Content" or "UGC"). You may submit UGC through your profile, forums, blogs, message boards, social networking environments, content creation tools, gameplay, social communities, contact us tools, email, and other communications functionality. Except to the extent of the rights and license you grant in these Terms and, subject to any applicable Additional Terms, you are responsible for and retain whatever legally cognizable right, title, and interest that you have in your UGC.
  
  (ii) Non-Confidentiality of Your User-Generated Content. Except as otherwise described in the Service’s posted Privacy Policy, or any applicable Additional Terms, you agree that (a) your UGC will be treated as non-confidential and non-proprietary by us – regardless of whether you mark them "confidential," "proprietary," or the like – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, SPFI does not assume any obligation of any kind to you or any third party with respect to your UGC. Upon request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms or any applicable Additional Terms. You acknowledge that the Internet and mobile communications may be insecure and subject to breaches of security; according, you acknowledge and agree that your UGC is submitted at your own risk.
  In your communications with SPFI, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, "Unsolicited Ideas and Materials"). Any Unsolicited Ideas and Materials you submit are deemed UGC and licensed to us as set forth below. In addition, SPFI retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. SPFI’s receipt of your Unsolicited Ideas and Materials is not an admission by SPFI of their novelty, priority, or originality, and it does not impair SPFI’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
  
  (iii) License to SPFI of Your UGC. Except as otherwise described in any applicable Additional Terms (such as a promotion’s official rules), which specifically govern the submission of your UGC, you hereby grant SPFI, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, combine, juxtapose, transpose, superimpose, alter or otherwise edit or reconfigure your UGC with third party UGC and/or any third party content in any manner, including creating a collage, and license the same to third party audio (radio), audio-visual (TV), digital or other platforms, including creating an audio-visual film of the UGC either by itself or in combination with other UGC, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UGC and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any UGC for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and your UGC may be materially altered or modified and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to SPFI to your UGC, you also hereby grant to SPFI, and agree to grant to SPFI, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any UGC, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 2.A(iii).
  
  (iv) SPFI’s Exclusive Right to Manage Our Service. SPFI may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your UGC, and SPFI may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to you or any third party in connection with our operation of UGC venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms.
  
  (v) Representations and Warranties Related to Your UGC. Each time you submit any UGC, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any UGC you submit, and that, as to that UGC, (a) you are the sole author and owner of the intellectual property including without limitation any copyright, trademark and any other rights to the UGC, or you have a lawful right to submit the UGC and grant SPFI the rights to it that you are granting by these Terms and any applicable Additional Terms, all without any SPFI obligation to obtain consent of any third party and without creating any obligation or liability of SPFI; (b) the UGC is accurate; (c) the UGC does not and, as to SPFI’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the UGC will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.
  
  (vi) Enforcement. SPFI has no obligation to monitor or enforce your intellectual property rights to your UGC, but you grant us the right to protect and enforce our rights to your UGC, including initiating actions in your name and on your behalf (at SPFI’s cost and expense, to which you hereby consent and irrevocably appoint SPFI as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
• B. Appropriate content and Alerting Us of Violations. We expect UGC to be appropriate for a general audience, but do not undertake to monitor it, and you consent to potentially encountering content you find offensive or inappropriate. We may include venue and content rules as Additional Terms. If you discover any content that violates these Terms or any applicable Additional Terms, then you may report it here. For alleged infringements of intellectual property rights, see Section 5.

3. RESTRICTIONS ON THE USE OF THE SERVICE AND CONTENT

• A. Service Use Restrictions. You agree that you will not: (i) use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other "hidden text" utilizing any Intellectual Property; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to SPFI; (iv) to the maximum extent not prohibited by applicable law, decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Service by any means whatsoever or modify any Service source or object code or any Software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, SPFI, or other users of the Service; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the content, or the UGC; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (ix) otherwise violate these Terms or any applicable Additional Terms.
• B. Content Use Restrictions.  You also agree that, in using the Service, you: (i) will not monitor, gather, copy, or distribute the content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, "bot", spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) will not frame or utilize framing techniques to enclose any such content (including any images, text, or page layout); (iii) will keep intact all Trademark, copyright, and other intellectual property notices contained in such content; (iv) will not use such content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) will not make any modifications to such content (other than to the extent of your specifically permitted use of the SPFI Licensed Elements, if applicable); (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of SPFI or, in the case of content from a licensor, the owner of the content; and (vii) will not insert any code or product to manipulate such content in any way that adversely affects any user experience.
• C. Availability of Service and Content. SPFI, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Service and/or content (and any elements and features of them), in whole or in part, for any reason, in SPFI’s sole discretion, and without advance notice or liability.

4. CREATING AN ACCOUNT

• A. If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your Device and for all activity under your account. Passwords must be personal, unique username (or email address) that does not violate the rights of any person or entity or is offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us here of any unauthorized use of your account, password, or username, or any other breach of security. You will not sell, transfer, or assign your account or any account rights.
• B. Accounts may only be set up by an authorized representative of the individual that is the subject of the account. We do not review accounts for authenticity, and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.

5. NOTICES, QUESTIONS AND CUSTOMER SERVICE

• You agree that we may give you notices or otherwise respond to you by mail or to your email (if we have it on file) or in any other manner reasonably elected by us. All legal notices to us must be sent to: Sony Pictures Films India Pvt. Ltd. (formerly known as SPE Films India Pvt. Ltd.), 3rd Floor, Interface Building No. 7, Off Malad Link Road, Malad (W), Mumbai 400064 (Attn: Legal Department -- Notices). If you have a question regarding the Service, you may contact SPFI by sending an email on [email protected]. You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive Terms or applicable Additional Terms.

6. THIRD-PARTY SERVICES; ADVERTISEMENTS; DEALINGS WITH THIRD PARTIES

• A. Third-Party Content and Sites; Advertisements.  The Service may contain third party plug-ins, applications, ads, tools and/or other content, and/or links to third-party websites or other services that are not owned, controlled or operated by SPFI, including services operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with SPFI (collectively, "Third-Party Services"). We may also host our content, apps, and tools on Third-Party Services. SPFI has no control over the content, operations, policies, terms, or other elements of Third-Party Services, and does not assume any obligation to review them. SPFI does not necessarily review, endorse, approve, or sponsor any Third-Party Services, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, SPFI is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Third-Party Services. SPFI WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPEICIAL LOSS, OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN THESE THIRD-PARTY SERVICES. Any activities you engage in connection with Third-Party Services are subject to that Third-Party Services’ privacy policy and terms of use which you should read before engaging in such activities.
• B. Apple and Other Platforms and Devices. If you are accessing or using the Service through Apple, Android, or other third-party platforms or services, those Third-Party Services’ own terms and policies apply to such access and usage.
• C. Dealings with Third Parties.  Any interactions, correspondence, transactions, or dealings you have with any third parties found on or through the Service (including on or via Third-Party Services or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). SPFI disclaims all liability in connection therewith.

7. DISPUTES AND DISPUTE RESOLUTION

• A. Forum Selection/Jurisdiction.  Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Service, the content, your UGC, these Terms, or any applicable Additional Terms, whether before the Effective Date of these Terms or after arising (collectively, "Dispute") shall exclusively vest in the courts of Mumbai, India. Each party submits to personal jurisdiction and venue in Mumbai, India for any and all purposes.
• B. SPFI and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that SPFI need not do so in circumstances where its claims of intellectual property rights are concerned ("IP Disputes," with all other disputes referred to as "General Disputes"). The party making a claim – whether you or SPFI – shall send a letter to the other side briefly summarizing the claim and the request for relief. If SPFI is making a claim, the letter shall be sent, via email, to the email address listed in your SPFI account, if applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this Section 7 B. If you are making a claim, the letter shall be sent to Sony Pictures Films India Pvt. Ltd. (formerly known as SPE Films India Pvt. Ltd.), 3rd Floor, Interface Building No. 7, Off Malad Link Road, Malad (W), Mumbai 400064 (Attn: General Counsel -- Claims). If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate appropriate remedies as set forth in this Section 7.
• C. Limitation on Injunctive Relief.  AS PERMITTED BY APPLICABLE LAW IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, UGC, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY SPFI PARTY (INCLUDING YOUR LICENSED UGC) OR A LICENSOR OF ANY SPFI PARTY. Without limiting the generality of the forgoing, you hereby irrevocably waive any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition, or other exploitation of any motion picture, production or project related to SPFI, its parents, subsidiaries, and affiliates, or the use, publication or dissemination of any advertising in connection with such motion picture, production, or project.
• D. Governing Law.  These Terms and any applicable Additional Terms, Dispute and IP Disputes, and any other claim brought by you against SPFI or by SPFI against you pursuant to this Section 7, or otherwise related to the Service, content, SPFI Licensed Elements, UGC or other SPFI products or services, will be governed by, construed, and resolved in accordance with, the laws of India, without regard to its conflicts of law provisions that might apply the laws of another jurisdiction.
• E. Limited Time To File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A GENERAL DISPUTE (BUT NOT AN IP DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 8.B) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.
• F. The provisions of this Section shall supersede any inconsistent provisions of any prior agreement between the parties. This Section 8 shall remain in full force and effect notwithstanding any termination of your use of the Service or these Terms.

8. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

• A. AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. To the fullest extent permissible by law, SPFI and their direct and indirect parents, subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, "SPFI Parties") hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, content, SPFI Licensed Elements, UGC or other SPFI products or services, except as set forth in subsection C, below.
• B. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, OR IN APPLICABLE ADDITIONAL TERMS, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, SPFI PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

9. LIMITATIONS OF OUR LIABILITY

• A. AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY SPFI PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND,  including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, content, SPFI Licensed Elements, UGC or other SPFI products or services..
• B. The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if SPFI Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).
• C. AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SPFI PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID SPFI IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).

10. UPDATES TO TERMS

• A. It is your responsibility to review the posted Terms and any applicable Additional Terms each time you use the Service (at least prior to each transaction or submission). EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS. Any new Terms or Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. In the event any notice to you of new, revised, or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You can reject any new, revised or additional terms by discontinuing use of the Service.

11. GENERAL PROVISIONS

• A. SPFI’s Consent or Approval.  As to any provision in these Terms or any applicable Additional Terms that grants SPFI a right of consent or approval, or permits SPFI to exercise a right in its "sole discretion," SPFI may exercise that right in its sole and absolute discretion. No SPFI consent or approval may be deemed to have been granted by SPFI without being in writing and signed by an officer of SPFI.
• B. Indemnity.  You agree to, and you hereby, defend (if requested by SPFI), indemnify, and hold SPFI Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any SPFI Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your UGC; (ii) your use of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms or any applicable Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) SPFI Parties’ use of the information that you submit to us (including your UGC) (all of the foregoing, "Claims and Losses"). You will cooperate as fully required by SPFI Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, SPFI retains the exclusive right to settle, compromise, and pay any and all Claims and Losses. SPFI Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a SPFI Party.
• C. Operation of Service; Availability of Products and Services; International Issues.  SPFI controls and operates the Service from India and makes no representation that the Service is appropriate or available for use beyond the territorial limits of India. If you use the Service from other locations, you are doing so on your own initiative and responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.
• D. Severability; Interpretation.  If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court of competent jurisdiction, then that provision will be deemed severable from these Terms or the applicable Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the applicable Additional Terms. To the extent permitted by applicable law, you agree to waive and will waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.
• E. Investigations; Cooperation with Law Enforcement; Termination; Survival.  SPFI reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any applicable Additional Terms, (iii) investigate any information obtained by SPFI in accordance with its Privacy Policy in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any applicable Additional Terms, and (vi) discontinue the Service, in whole or in part, or, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to SPFI under these Terms or any applicable Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from SPFI, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to SPFI in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction and choice of law.
• F. Assignment.  SPFI may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of SPFI.
• G. Complete Agreement; No Waiver.  These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Service. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or SPFI in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.