Terms & Conditions

Terms & Conditions

These Terms of Use (“Terms of Use”) when accepted by You becomes an agreement between the Company and You regarding the use of the Online Platform. You agree to be bound these Terms of Use by continuing to access the Online Platform or obtaining the Services. The Company reserves the right to modify these Terms of Use without Your consent. The Company may inform the users regarding modifications to the Terms of Use by displaying a banner statement on the Website or including a statement regarding modifications on the page of the Terms of Use. If You continue to use the Terms of Use after information regarding the modifications is published, You shall be deemed to have accepted the revised Terms of Use.

Definition

  • Account shall mean an account created by any Visitor with the Online Platform by providing certain personal information.
  • Advertisement Agency shall mean advertisement agency that procures Ad Spots on behalf of Clients.
  • Ad Content means the advertisement Content provided by the Client or the Advertisement Agency, as the case may be, to be broadcasted on the Ad Spots in accordance with the applicable Release Order.
  • Ad Spots means the dedicated time slots or advertising spots on the Channel for broadcasting of advertisement content.
  • Broadcasters shall mean an entity having rights to distribute the Channel.
  • Channel (s) means the television channels distributed for viewing of the general public in the territory of India, indicated by the Customer for display of Ad Content.
  • Client shall mean the party that owns sufficient rights to the Ad Content.
  • Company or We shall mean Amagi Media Labs Private Limited, a private limited company incorporated under the (Indian) Companies Act, 1956, having its office at 4th Floor, Raj Alkaa Park, Above Decathlon Sports India, Kalena Agrahara Village, Bannerghatta Road, Benglauru-560076.
  • Content means text, graphics, photographs, video, audio and subtitles.
  • Customer shall mean a Client or an Advertisement Agency, as the case may be, who has elected to purchase the Services.
  • Laws shall mean any central, state or local law, statute or ordinance, or any rule, regulation, or guidelines having the effect of law, promulgated by any governmental or regulatory authority.
  • Online Platform or Website shall mean the website “www. [*].com”.
  • Person means any natural person, sole proprietorship, partnership, company, governmental authority, joint venture, trust, association or other entity (whether or not having separate legal personality).
  • Privacy Policy shall mean the privacy policy available here, describing the way in which the Company collects, stores and uses any personal information provided by User as a natural person.
  • Release Order Terms shall mean the terms and conditions set forth herein that shall be applicable for purchase of Services by the Customer pursuant to issuance of a Release Order.
  • Services means, collectively: (i) sale of Ad Spots on behalf of the Broadcaster for broadcast on the Channel in accordance with these Terms of Use and the Release Order Terms; (ii) store the Ad Content on the computer systems of the Company, prepare the media kits and deliver the Ad Content to the Broadcaster for broadcast of Ad Content on the Channel; (iii) provide other media services to the Broadcaster in connection with the broadcast of Ad Content on the Channel in the desired territory.
  • User shall mean any Visitor or Customer, as the case may be.
  • Visitor shall mean any Person who accesses the Online Platform and is not a Customer.
  • You, Your or Yourself shall mean the user of the Online Platform, and can be a Visitor or a Customer.

Online Platform

Online Platform is a technology platform that enables the Users to enter into a transaction with the Company for the purchase of services.The Company reserves the right, in its sole discretion, to change, add or remove any capabilities/features of the Online Platform and/or any Service without notice.

Fees

We do not charge any fees for Visitors for providing general access to our Website, but any Visitor desirous of purchasing the Services will be required to pay the Fees based on the quantity of Services that the Visitor indicates to purchase in accordance with these Terms of Use and Release Order Terms.

Registration

You are authorized to access the Online Platform without registration, and also, if permitted, participate in any interactive activity, with other Users on any bulletin board, dash board or other communication platform made available by the Company. However, if You wish to avail the Services from the Company, You will be required to register by providing certain basic details. We reserve the right but not obligated to verify such information in order to ascertain Your identity.

You will take sole responsibility for the confidential safekeeping of Your account information (“Account”) including the password You provide. You also agree to take responsibility for all activities done on the Online Platform through Your Account. If You believe or have reasons to believe that Your password is no longer confidential, You must immediately inform us through the account section provided on the Online Platform. You can update any information You provide us through the account section of the Online Platform. Subject to these Terms of Use, We reserve the right to suspend, terminate or block access to the Online Platform or to Your Account.

Eligibility to use Online Form

In order to access or use Online Platform, You need to be competent to contract under the Indian Contract Act, 1872. By accessing the Online Platform, You represent and warrant that You are eligible to contract under the Indian Contract Act, 1872. We may suspend or terminate Your access to the Online Platform, without any prior notice to You, upon receipt of any notice or communication from any User or any governmental authority, self-regulatory agency or any other Person that You have violated these Terms of Use or any other provision of applicable Laws or regulations and standards prescribed by the self-regulatory agency in connection with the use of the Online Platform.

Additional Terms & Conditions

Any Visitor who consumesborder-bottom-h the Services offered by the Company is referred to as the Customer.
Customers shall also be governed by the separate terms and conditions applicable to the purchase of Services as contained in the Release Order Terms.

The Company shall provide billing services and other services, as may be agreed with the Broadcaster, acting on behalf of the Broadcasting. You acknowledge that the Company will collect the payment for the Services to be provided. Payments may be collected by the Company from the Customers by wire transfer, debit and credit card payments, or other modes of payment that the Company may determine in its sole discretion.

Content

You shall be responsible for reviewing and obtaining any necessary licenses, waivers or permissions with respect to any third-party rights to Ad Content provided for broadcast on the Channels. You shall not provide any Ad Content, that is obscene, unlawful, derogatory or defamatory of any racial, religious or ethnic groups, or material that misappropriates or infringes Intellectual Property Rights of others, or violates any Laws for the time being in force.

In the event the Company (i) receives a written notice from a third party alleging that the Ad Content infringes its Intellectual Property Rights; or (ii) receives a written notice from a self-regulatory organization that any User is in violation of the regulations or standards prescribed by it; or (iii) becomes subject to any inquiry or claim or governmental investigation; or (iii) determines, in its sole discretion, that the Ad Content violates any applicable Laws, regulation or rights of any third party, or the terms of these Terms of Use, the Company shall have the right to reject the applicable Release Order that relates to the infringing or non-compliant Ad Content at any time without any liability, also cause the Channel remove or not include such Ad Content from broadcast on the Channel immediately upon receipt of any notice or claim.

Role Of the Company

You agree, understand and acknowledge that:

  • The Company does not control in any manner the broadcast of Ad Content on the Channel;
  • The Company does not have an obligation to review or modify the Ad Content made available to You through the Online Platform for the purpose of seeking compliance with applicable Laws.

Please note that: (i) the Company does not recommend or endorse any Broadcaster or the Channel listed on the Online Platform; (ii) the Company does not make any representations or warranties with respect to the quality of the services provided by any Channel, the coverage or television audience measurement, or the suitability or relevance of any Ad Content on any Channel or in any specified territory; and (iii) does not grade or rate the Broadcasters or the Channels.

You may be provided with links on the Website that direct You to third party websites or applications or content, including advertisers (collectively “Third Party Links”). We do not endorse any Third Party Links that You may be directed to from the Website. Your access to such Third Party Links shall be subject to the terms of use of such Third Party Links, and You shall access such Third Party Links at Your sole discretion and by accessing You assume sole responsibility for any and all losses and liabilities arising from such access. The Company shall not be responsible for any loss, damage, liabilities or claims resulting from Your access to or the use of the services provided by the Third Party Links.

Privacy Policy

The Company may collect various personal information from You when You use the Website and or the features provided by the Website.

Company’s Privacy Policy is available here sets out Company’s policies regarding the collection, storage, use, transfer and protection of any such personal information.

When You complete the process of creating an Account or otherwise provide Your personal information, You specifically consent to Company’s Privacy Policy.

The Company may disclose Your personal information in accordance with applicable Law.

Intellectual Property Rights

All rights, title, and interest in and to Ad Content provided to the Company and all Intellectual Property Rights relating thereto will remain with the Customer.

The Customer hereby grants to the Company, a non-exclusive, worldwide, royalty free, fully paid up, non-transferable license, to copy, reproduce, store, display, deliver and modify the Ad Content solely for performance of Services. Sellers and the Service Providers hereby grants to the Company a non-exclusive, worldwide, royalty-free, fully paid up, non-transferable right to use the trademarks and tradenames of the Seller, solely in connection with the performance of Services and in connection with its public relations, marketing and promotional events.

All rights, title, and interest in and to the Online Platform, including but not limited to software, text, data, images and graphics, all updates, modifications, enhancements, improvements, upgrades or corrections thereof, and all related Intellectual Property Rights will be exclusively held by the Company.

You agree that the Company or its licensors retain all right, title and interest in the Online Platform and no title to or ownership of intellectual property in the Online Platform, its features, functionalities, images, data, graphics or design is transferred pursuant to this Agreement.

You shall not reverse engineer or decompile the Online Platform.

The Company name and logo are trademarks of the Company. All other logos and marks of other organizations that appear on the Website are trademarks of their respective owners.

Indeminity

You agree to indemnify, defend and hold the Company, its affiliates and each of their officers, directors, employees and agents harmless from and against any and all damages, claims, suits, actions, causes of action, demands, liabilities, losses, costs and expenses arising out of or resulting from any claims (i) relating to any Ad Content provided, including any violation or infringement of any third-party Intellectual Property Rights, claims of defamation, invasion of privacy, right to publicity or unfair competition; or (ii) any allegation that any injury or damage to any subscriber of the Channel was caused by the Ad Content, including any guidance, instructions or other advice conveyed through the Ad Content or damage is related to the use of the product or services promoted through or referred to in the Ad Content; or (iii) any claims regarding quality, quantity and any claim in relation to any product or services promoted or marketed referred to in the Ad Content; (iv) the breach of any of the warranties, representations or undertakings or in relation to the non-fulfillment of any of Your obligations under the Release Order Terms or arising out of You infringing any applicable Laws; or (v) breach of the terms of these Terms of Use or the Release Order Terms.

The Company does not warrant or represent that the Services will be uninterrupted, error-free, or completely secure. You acknowledge that there are risks inherent in operating conditions, Internet connectivity, third party software components and other reasons beyond the control of the Company that could result in the loss of Content or unavailability of Services or loss of any other information relating to transactions carried out through Online Platform.

To the extent permitted by applicable law, the Company disclaims any and all warranties not expressly stated in these Terms of Use or the Release Order Terms including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

The Company (nor its employees, agents, suppliers or affiliates) shall not be liable to You (nor to Your employees, agents, suppliers or affiliates) for any lost profits, or any indirect, special, incidental, or consequential loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the provision of Services, even if the Company has been advised or should be aware of the possibility of such damages. In no event shall the Company be liable to You for any punitive damages.

You acknowledge and undertake that You are accessing this Website and transacting at Your own risk and are using Your best and prudent judgment before entering into any transactions through the Online Platform.

Suspension and Termination of Account

We may terminate, suspend or limit Your access to Your Account or block devices using Your IP address from accessing the Website without any liability:

  • If We determine, in our sole opinion, that You have misrepresented any information You provide us;
  • If We determine, in our sole opinion, that You are ineligible to access this Website in accordance with the Laws;
  • If You are in breach of any term of these Terms of Use;
  • If We are required to do so by the Law.

Jurisdiction

You agree that any dispute or claim related to Your use of the Website is subject to the exclusive jurisdiction of the courts of Bengaluru, India, and will be adjudicated as per the laws of India for the time being in force.