MYFCTV

TERMS OF USE

THIS IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU, THE USER ("USER" OR "YOU") OF THE SERVICES, AS DEFINED BELOW, AND Funfuel ENTERTAINMENT LIMITED (“Funfuel ENTERTAINMENT” OR “WE”, “US”, “OUR”). BY USING AND ACCESSING THE SITE, YOU CONSENT, AGREE AND UNDERTAKE TO ABIDE AND BE BOUND BY AND ADHERE TO THE TERMS OF USE, COLLECTION AND USE OF YOUR DATA IN ACCORDANCE WITH OUR PRIVACY POLICY (“PRIVACY POLICY”) AND ANY OTHER TERMS WHICH GOVERN THE SITE/APP AND IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT ENTITLED TO AVAIL OF / USE THE SERVICES AND ANY USE THEREAFTER SHALL BE UNAUTHORIZED.

Description of Service and Acceptance of Terms of Use

These Terms of Use (“Terms") apply to the Funfuel Entertainment platforms including without limitation www.funsfuel.com and other related websites, mobile applications and other online features web pages, digital platforms, interactive features, applications, blogs, social networks, etc., alternative reality worlds or features, or other online or wireless offerings (each a “Site(s)/ App(s)”), whether accessed via computer, mobile device or other technology, manner or means through which Funfuel Entertainments provides an interactive platform to its audience including We series, films etc. (“Content”) or other Services offered from time to time by Funfuel Entertainments in connection with its business, provided on or through the Site(s)/ App(s) and the Site(s)/ App(s) may also provide you Content by integrating Services and application of other audio video streaming platforms and/or provide hosting Service to third parties to display and allow access to their Content. (“Third Party Content”) (the “Services”), and any software that we may make available on or through that Site(s)/ App(s) (the“Software”), unless otherwise specified. You “use” the Site(s)/ App(s) anytime you access (via computer, mobile device or other internet connected devices, etc.), view, link to or from, or otherwise interact or communicate with or connect to, the Site(s)/ App(s) (or any parts thereof) or interact or communicate with other users through the Site(s)/ App(s) (including, without limitation, on message boards, chat rooms and/or other communities established on the Site(s)/ App(s)). Funfuel Entertainments may make the Services available to you through different modes, at the discretion of Funfuel Entertainments, which may be accessible through, including without limitation- (a) Free of charge which may include advertisements or commercials or (b) Via subscription through payment of a subscription fee or (c) A pay-per-view model with or without advertisements/commercials or (d) With a combination of the foregoing, on the Service (including the Subscription Services). Note that some Content such as live sports or shows, when accessed, will show advertisements even where the subscription plan selected is an advertisement free plan. Funfuel Entertainments reserves the right to adopt any method of monetization through the Service in the future as it deems fit.

You must have attained the age of majority in your respective jurisdiction to access Funfuel Entertainments (at least 18 years of age in case of India) to use/access the Site(s)/ App(s), Content or Services. If you are under the relevant age of majority in your jurisdiction, you may only use the Site(s)/ App(s), Content or Services with the consent, supervision and involvement of your parent or legal guardian and in accordance with applicable law which enables a minor in your jurisdiction to access such a Service including this Service and Content.

Given the nature of the Internet, the Site(s)/ App(s), Content and Services may be accessed in other parts of the world. You acknowledge, understand and agree that you are doing so on your own initiative and at your own risk and that it is your responsibility (and not Ours) to make sure that your use of the Site(s)/ App(s) complies with all applicable local laws in the jurisdiction from where you access or use the Site(s)/ App(s).

FUNFUEL ENTERTAINMENT MAY CATEGORIZE AND CLASSIFY CONTENT AND PROVIDE APPROPRIATE DISCLAIMERS WITH RESPECT TO THE CONTENT, FOR VIEWERS TO CHOOSE SUCH CONTENT FOR VIEWING, AND THEREBY MAKE A WELL INFORMED AND CONSIOUS CHOICE/ DECISION TO CONTINUE AND/OR DISCONTINUE ACCESS TO SUCH CONSENT. SOME CONTENT OFFERED ON THE SITE(S)/APP(S) MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE SITE(S)/APP(S) MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY MINORS. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO COMPLY WITH APPLICABLE LAWS AND EXERCISE APPROPRIATE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THIS WEBSITE/APP. FUNFUEL ENTERTAINMENT MAY DISPLAY A CONTENT DESCRIPTOR, SUITABLE DISCLAIMER OR GUIDANCE MESSAGE THAT INDICATES AND INFORMS THE VIEWER ABOUT AGE- INAPPROPRIATE CONTENT FOR MINORS (FOR INSTANCE CONTENT TAGGED FOR VIEWERSHIP BY MINORS AGED 13 TO 18 YEARS). YOU HEREBY AGREE AND CONFIRM THAT YOU ARE AWARE THAT MECHANISM PERTAINING TO PARENTAL LOCKS HAS BEEN INCORPORATED ON THE SITE(S)/ APP(S) AND IT SHALL BE YOUR SOLE RESPONSIBILITY TO ACTIVATE IT/ DEACTIVATE SUCH FUNCTIONALITY AS PER YOUR REQUIREMENTS. YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT VIA SITE(S)/ APP(S) IS SUBJECT TO THESE TERMS AND CONDITIONS, PRIVACY POLICY AND ALL APPLICABLE LAWS, RULES, AND REGULATIONS.

IF YOU ARE ACCESSING THE SITE(S)/ APP(S), BY SUBMITTING YOUR PERSONALLY IDENTIFIABLE INFORMATION ON THE SITE(S)/ APP(S), YOU EXPRESSLY CONSENT TO THE TRANSFER OF SUCH DATA TO INDIA, AND TO THE PROCESSING OF SUCH DATA ON FUNFUEL ENTERTAINMENTS'S (OR ITS DESIGNATED VENDORS’) SERVERS, WHERE YOUR DATA WILL BE GOVERNED BY RESPECTIVE LAWS THAT MAY PROVIDE A LOWER (OR DIFFERENT) LEVEL OF DATA PROTECTION THAN IN YOUR COUNTRY.

FUNFUEL ENTERTAINMENT reserves the right at its sole discretion, to change, modify and/or add to these Terms or to the Privacy Policy, in whole or in part, at any time. Changes to these Terms or the Privacy Policy will be effective when posted. You agree to review these Terms and the Privacy Policy periodically to become aware of any changes. Your use of the Site(s)/ App(s) or any part thereof after any changes to these Terms or the Privacy Policy are posted will be considered acceptance of such respective changes/amendments and will constitute your express agreement and consent to be bound thereby. If you object to any such changes, your sole recourse will be to opt-out and stop using the Site(s)/ App(s).

1. OWNERSHIP; RESTRICTIONS ON USE

The Content of the Site(s)/ App(s) and all copyrights, patents, trademarks, Service marks, trade names and all other intellectual property rights therein are owned by FUNFUEL ENTERTAINMENT 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 Content/ Services and/or any portion thereof. You agree not to copy, reproduce, duplicate, stream, capture, access through technology or means other than those provided on the Site(s)/ App(s), perform, transfer, sell, resell, download, upload, archive, license to others, indulge in any form of unauthorised use or piracy, edit, modify, manipulate, create derivative works from or based upon (including, without limitation, mash-ups, montages, wallpapers or any other merchandise), publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, incorporate into any hardware or software application, use for commercial purposes, use bots, spiders, scrapers or other automated means to access Services or otherwise use or exploit the Site(s)/ App(s)/Content or any component part thereof. Any of the unauthorized uses referred to above would constitute an infringement of the copyrights and other proprietary rights of FUNFUEL ENTERTAINMENT and/or its licensors and a violation of these Terms and may subject you to civil and/or criminal liability under applicable laws.

2. LICENSES GRANTED TO YOU

Subject to these Terms (including, without limitation, the YOUR RESPONSIBILITIES section set forth below), we hereby grant you, if and only to the extent the necessary functionality is provided to you on or through the Site(s)/ App(s), a limited, revocable, non-exclusive, non-transferable, non-assignable, worldwide, royalty-free license (“License”) to:

Access, view and otherwise use the Site(s)/ App(s) (including, without limitation any Services provided on or through the Site(s)/ App(s)) for your personal, temporary (non- commercial), lawful use only, as intended through the customary and authorized functionality of the Site(s)/ App(s).
To stream the Content on the Site(s)/ App(s) using any of the widgets and/or other digital streaming internet video players, if any, provided on the Site(s)/ App(s) (any such widget or other digital streaming internet video player referred to as a “Site Widget/ Video Player”) for your personal, lawful use only.
To cut and paste certain code expressly made available to you through the Site(s)/ App(s) (whether such functionality is designated as “sharing” functionality or not) in order to embed, re-publish, maintain, and/or display the specific Content/ Site(s)/ App(s) 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 Site(s)/ App(s) provides “widget grabbing and embedding” functionality, to “grab” a Site Widget and embed, re-publish, maintain, and/or display such Site Widget on your Personal Social Media.
If the Site(s)/ App(s) enables you to download Software, the License to install and use one copy of the Software on your personal computer system, mobile or other permitted device; provided, however, that you understand and agree that (i) by allowing you to download the Software, FUNFUEL ENTERTAINMENT does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software's owner (which may be FUNFUEL ENTERTAINMENT and/or its third party Software licensor) will retain full and complete title to such Software; (ii) you shall not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software without the prior written consent of FUNFUEL ENTERTAINMENT; (iii) you shall not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void ab initio and of no effect; (iv) you shall 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 Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law.

3. YOUR RESPONSIBILITIES

Your rights under any one or more of the Licenses set forth above are conditioned upon your compliance with each of the following:

Subject to availability of these functionalities you will not create or Submit (as defined below) a User Submission that is unlawful, pornographic, obscene, defamatory, libellous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, rules, regulations or (“Applicable Laws”), or that infringes or violates other parties' intellectual property, publicity, or privacy rights or links to infringing or unauthorized Content.
You will not embed, re-publish, maintain and/or display any Content made available on the Site(s)/ App(s) (including, without limitation, any of your own User Submissions (defined hereunder)) on any Personal Social Media or other web site or other internet location including any internet location that ordinarily contains or hosts Content that is unlawful, pornographic, obscene, defamatory, libellous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any Applicable Laws, or that infringes or violates other parties' intellectual property rights or links to infringing or unauthorized Content.
You will not send spam, chain letters, pyramid schemes or any other unsolicited or unauthorized advertising or promotional materials, or harass, bully, stalk, harm, or otherwise cause mental or physical distress or injury to anyone, or defame or disparage someone, or engage in any other unlawful or objectionable conduct while using the Site(s)/ App(s).
You will provide accurate, current and complete information about you or anyone else, and you will not provide false information about you or anyone else (including, without limitation, when you are being asked on the Site(s)/ App(s) to provide accurate information about your age), and you will not impersonate or appear to impersonate anyone else or otherwise misrepresent your affiliation with any person or entity.
You will not use any one or more of the Licenses granted to you (and any associated functionality) to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material or information, and/or Content available on the Site(s)/ App(s).
You will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Site(s)/ App(s) (or any parts thereof).
You will abide by all copyright notices, information, and restrictions contained in or associated with any of the Site(s)/ App(s) Content.
You will not remove, alter, interfere with or circumvent any copyright, trademark, watermark, or other proprietary notices marked/displayed on Site(s)/ App(s), Content, Software or Services.
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 Site/ App(s) and/or Content.
You will not use any of the rights granted to you or any of the Content or Services in a manner that suggests an association with any of FUNFUEL ENTERTAINMENTs products, Services or brands, unless otherwise specifically permitted by FUNFUEL ENTERTAINMENT.
You shall not attempt to decipher, decompile, disassemble, or reverse engineer any of the software, applications and/or any element comprising the Site(s) / App(s), the application for accessing the Content, or the Services.
You will not use any of the rights granted to you or any of the Content or Services for your personal gain or to promote unsolicited or unauthorized advertising or promotional materials or defame or disparage any third-party or engage in any other unlawful or objectionable conduct while using the Site(s)/ App(s).
You shall not solicit, collect, request or use any personal information for commercial or unlawful purposes.
You will not knowingly transmit any material that contains adware, malware, spyware, software viruses or telecommunications equipment.
You will not do anything that is likely to adversely affect or reflect negatively upon or harm the goodwill or reputation of FUNFUEL ENTERTAINMENT or any of its affiliates or group companies, or the Site(s)/ App(s), or any of the Content running or being promoted on the Site(s)/ App(s).
You shall not interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Services, including FUNFUEL ENTERTAINMENT’s servers, networks or accounts.
You will not do anything on the Site(s)/ App(s) that would prevent other users' access to or use of the Site(s)/ App(s) or any part thereof;
You will be solely responsible and liable for maintaining the safety, security and confidentially of any username or password associated with access to the Site(s)/ App(s) (including, without limitation, in those instances in which the Site(s)/ App(s) use the account creation mechanism and management of a third party’s social network, website or device), You hereby agree to not make available your username and/or password associated with the Site(s)/ App(s) by way of parting with, selling, transmitting, sharing, handing over or otherwise make the same accessible to any third person and/ or parties for providing access to the Content, and you are solely responsible for all the activities that occur under your username and/or password, in the event of breach of this condition, FUNFUEL ENTERTAINMENTs reserves the right to suspend and/or disable and/or delete and/or deactivate your account and further initiate such legal action as it may deem fit, including but not limited to claim for damages and loss of business; and
You will use the Site(s)/ App(s) and the Licenses always in compliance with these Terms and all Applicable Laws.
You agree that FUNFUEL ENTERTAINMENT shall be under no obligation and/or liability whatsoever to You or any subscribers in the event of non-availability of the Site(s)/ App(s) or any portion thereof occasioned by force majeure including but not limited to Act of God, war, disease, pandemic, epidemic, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, server breakdowns, electrical failures, technical issues or any other cause whatsoever beyond the control of FUNFUEL ENTERTAINMENT; and
You agree that the Content provided on the Site(s)/ App(s) is strictly for Your private viewing only and not for public exhibition irrespective of whether the public is charged for such exhibition or not. You hereby agree to refrain from further broadcasting or making available the Content provided on the Site(s)/ App(s) to any other person(s), or in any manner communicate such Content to the public.

4. USER SUBMISSIONS; GRANT OF LICENSE TO FUNFUEL ENTERTAINMENT; YOUR WARRANTIES AND REPRESENTATIONS

Subject to availability of these functionalities you may have the opportunity to publish/ transmit/ post any form of Content, text, reviews, or comments on the Site(s)/ App(s) (“collectively, “User Submission”).

You agree that FUNFUEL ENTERTAINMENT shall have the right but have no obligation, to monitor User Submissions and to restrict or remove User Submissions that FUNFUEL ENTERTAINMENT may determine, in its sole discretion, is inappropriate or for any other reason. You acknowledge that FUNFUEL ENTERTAINMENT reserves the right to investigate and take appropriate legal action against anyone who, in FUNFUEL ENTERTAINMENT’s sole discretion, violates these Terms, including, but not limited to, terminating their account, terminate, suspend, limit, or use of the Services or access to Content and/or reporting such User Submissions, conduct, or activity, to law enforcement authorities, in addition to any other available remedies under law or equity.

You acknowledge that the User Submission is not confidential and that You have no expectation of privacy in it.

5. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE(S)/ APP(S) IS AT YOUR SOLE RISK. THE SITE(S)/ APP(S) (AND ANY PORTION OF THE SITE(S)/ APP(S)) IS PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE.” TO THE FULL EXTENT PERMITTED BY LAW, FUNFUEL ENTERTAINMENT 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 FUNFUEL ENTERTAINMENT nor any of its affiliates make any warranties or representations about the accuracy or completeness of Content available on or through the Site(s)/ App(s) or the Content of any web sites, Personal Social Media or other internet or mobile resources linked to the Site(s)/ App(s) and assume no liability or responsibility for any:

errors, mistakes, or inaccuracies of Content;
personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site(s)/ App(s) (or any parts thereof);
any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;
any interruption or cessation of transmission to or from the Site(s)/ App(s);
any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site(s)/ App(s) (or any parts thereof) by any third party; and/or
for any loss or damage of any kind incurred as a result of the use of any User Submissions and/or other Site(s)/ App(s) Content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or by means of the Site(s)/ App(s) and/or otherwise through your or any other Site(s)/ App(s) users' exercise of any rights under any of the Licenses granted by FUNFUEL ENTERTAINMENT herein.

FUNFUEL ENTERTAINMENT reserves the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access to any portion of the Site(s)/ App(s) (including, without limitation any of the Services).

6. LIMITATION OF LIABILITY

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL FUNFUEL ENTERTAINMENT OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE SITE(S)/APP(S), CONTENT OR ANY PARTS THEREOF.

YOU UNDERSTAND AND AGREE THAT FUNFUEL ENTERTAINMENT DOES NOT COMMIT TO A MINIMUM UPTIME AND IS NOT IN ANYWAY LIABLE TO INDEMNIFY AND/OR COMPENSATE YOU FOR ANY LOSS/ HARM/ DAMAGE CAUSED THEREBY. YOU HEREBY UNDERSTAND AND IRREVOCABLY AGREE THAT THE LIABILITY OF FUNFUEL ENTERTAINMENT SHALL NOT EXCEED AND SHALL BE LIMITED TO THE CONSIDERATION PAID BY YOU DURING THE IMMEDIATELY PRECEDING 12 (TWELVE) MONTHS, YOU FURTHER AGREE THAT FUNFUEL ENTERTAINMENT DOES NOT COMMIT TO ANY UPTIME AND SHALL NOT BE LIABLE FOR ANY LOSSES AND/ OR CLAIMS INCURRED BY YOU.

FUNFUEL ENTERTAINMENT Site(s)/App(s) enables streaming of Content only through compatible devices. This software may vary by device and medium, and functionalities may also differ between devices. FUNFUEL ENTERTAINMENT shall endeavor but not be committed and liable to ensure the compatibility and/ functionality of the Site(s)/ App(s) with all your devices. In the event of failure of the same, you can contact the customer support and FUNFUEL ENTERTAINMENT shall use its best possible efforts to extend such compatibility. However, in no event shall you hold FUNFUEL ENTERTAINMENT liable for the same.

7. INDEMNIFICATION

You agree to indemnify and hold harmless FUNFUEL ENTERTAINMENT and its affiliates and its and their respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable outside attorneys' fees and costs) that such parties may incur as a result of or arising from:

any of your User Submissions;
your exercise of any of your rights granted under the Licenses without your compliance with your responsibilities set forth in these Terms;
the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these Terms;
your violation of any person's intellectual property, privacy, publicity or other right;
the violation of any Applicable Laws and/or these Terms by you and/or anyone using your registered account to access and/or otherwise use the Site(s)/ App(s) (in whole or in part); or
your wilful misconduct or the wilful misconduct of anyone accessing the Site(s)/ App(s) through your registered account, in connection with your (and/or such other person's) use of the Site(s)/ App(s) (in whole or in part).

FUNFUEL ENTERTAINMENT reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with FUNFUEL ENTERTAINMENT in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site(s)/ App(s).

8. COPYRIGHT INFRINGEMENT NOTIFICATION; DESIGNATED COPYRIGHT AGENT

FUNFUEL ENTERTAINMENT respects the intellectual property rights of others. Upon proper notice, FUNFUEL ENTERTAINMENT will remove User Submissions and/or any Content available on the Site(s)/ App(s) that violate the Copyright Act, 1957 or equivalent law of any applicable jurisdiction (“Copyright Act”). 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, along with all the amendments made thereto and rules framed there under, FUNFUEL ENTERTAINMENT shall remove the User Submissions and/or Content upon receiving written notification of claimed copyright infringement of the User Submissions and/or Content on the Site(s)/ App(s) and for processing such claims in accordance with such law. If you believe any User Submissions and/or Content 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:

identification of the copyrighted work claimed to have been infringed;
identification of the claimed infringing material and information reasonably sufficient to permit FUNFUEL ENTERTAINMENT to locate the material on the Site(s)/ App(s);
information reasonably sufficient to permit FUNFUEL ENTERTAINMENT to contact you, such as an address, telephone number, and, if available, an e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
your physical signature.

9. GOVERNING LAW AND JURISDICTION

The relationship between you and FUNFUEL ENTERTAINMENT shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of your use of the Services. Notwithstanding the foregoing, you agree that:

FUNFUEL ENTERTAINMENT has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts (including courts of Mumbai) or forum; and
any proceeding brought by you shall be exclusively before the courts at Mumbai, India.

10. SEVERABILITY; WAIVER

If any provision of these Terms shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The failure of FUNFUEL ENTERTAINMENT to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site(s)/ App(s) or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site(s)/ App(s).

11. TERMINATION

You understand and agree that FUNFUEL ENTERTAINMENT may, in its sole discretion and at any time, terminate or temporarily suspend your License and otherwise terminate, suspend, limit, or restrict your access to the Site(s)/ App(s), and discard, remove, and/or disable or deactivate any or all of your User Submissions that you submitted to or by means of the Site(s)/ App(s) and/or any other information and data that you (and/or anyone else) may have provided to or by means of the Site(s)/ App(s), for any reason so determined by FUNFUEL ENTERTAINMENT in its sole discretion, including that You have breached these Terms and Conditions, the Privacy Policy, violated any law, rule, or regulation, engaged in any inappropriate conduct, provided false or inaccurate information, or for any other reason.

YOU UNDERSTAND AND AGREE THAT FUNFUEL ENTERTAINMENT MAY TAKE ANY ONE OR MORE OF THESE ACTIONS WITHOUT ANY NOTICE TO YOU, PRIOR OR OTHERWISE, AND YOU UNDERSTAND AND AGREE THAT NEITHER FUNFUEL ENTERTAINMENT NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY TO YOU OR TO ANY OTHER PERSON FOR ANY TERMINATION OF YOUR (OR ANYONE ELSE'S) ACCESS TO THE SITE(S)/ APP(S) OR PARTS THEREOF; AND/OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OF YOUR USER SUBMISSIONS (OR THE USER SUBMISSIONS OF ANYONE ELSE) OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OTHER INFORMATION OR DATA THAT YOU (OR ANYONE ELSE) MAY HAVE PROVIDED ON OR BY MEANS OF THE SITE(S)/ APP(S). YOU MAY DISCONTINUE YOUR ACCESS TO, USE OR PARTICIPATION ON OR BY MEANS OF THE SITE(S)/ APP(S) AT ANY TIME.

YOU HEREBY FURTHER IRREVOCABLY AGREE THAT FUNFUEL ENTERTAINMENT SHALL NOT BE LIABLE TO REFUND ANY AMOUNTS THAT YOU MAY HAVE PAID TO ACCESS AND/OR USE THE SERVICES, AND/OR ANY FURTHER OR OTHER CLAIMS.

12. CHANGES IN SITE OWNERSHIP

You hereby consent to the disclosure to, and use by, a subsequent owner or operator of the Site(s)/ App(s), of any information about you contained in the applicable FUNFUEL ENTERTAINMENT database, to the extent FUNFUEL ENTERTAINMENT assigns its rights and obligations regarding such information in connection with a merger, acquisition, or sale of all or some of our assets, or in connection with a merger, acquisition or sale of all or some assets related to a particular Site(s)/ App(s), to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the Site(s)/ App(s) signifies your agreement to be bound by the terms of use and privacy statement of the Site(s)/ App’s(s) subsequent owner or operator. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site(s)/ App(s).

13. SUBSCRIPTION

To be able to view certain premium Content (“Premium Content”), you will be required to subscribe to any one subscription plan (“Plan”) of the Site(s)/ App(s) Service viz., the plans available on the Site(s)/ App(s),by making a payment of a subscription fee, to be able to access the Services which shall be subject to full Plan flexibility, solely offered at the discretion of FUNFUEL ENTERTAINMENT. We may offer different kinds of Plans, each of these Plans will be subject to different limitations and restrictions and the cost of each of these Plans may vary.

You may be required to subscribe to the Site(s)/ App(s) Service and such subscription in a particular geographical territory that 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 FUNFUEL ENTERTAINMENT. You will be required to re-subscribe to the Site(s)/ App(s) Services in the event that you wish to use the Services from a different territory other than the one from where you originally subscribed to the Site(s)/ App(s) Service. FUNFUEL ENTERTAINMENT shall also have the discretion to make certain Content that is a part of the Plan available to You on not more than one end user device concurrently.

Certain Plans may start with a free trial feature which may last for any duration as may be determined by FUNFUEL ENTERTAINMENT.

14. ACCESS TO USE:

To access the Site(s)/ App(s) Service, you will be asked to enter your individual username and password, as chosen by you during your registration. Therefore, FUNFUEL ENTERTAINMENT does not permit any of the following:

Any other person sharing your account and password;
Any part of the Site(s)/ App(s) being cached in proxy servers and accessed by individuals who have not registered with FUNFUEL ENTERTAINMENT as users of the Site(s)/ App(s).
Access through a single account being made available to multiple devices, being limited to a maximum of 5 (Five) devices at any given time, (subject to change without prior intimation) on a network.

If FUNFUEL ENTERTAINMENT reasonably believes that an account and password is being used / misused in any manner, FUNFUEL ENTERTAINMENT 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 FUNFUEL ENTERTAINMENT immediately of any unauthorized use of your account or any other breach of security. FUNFUEL ENTERTAINMENT will not be liable for any loss that you may incur as a result of someone else using your password or account, however, you shall be held solely liable for losses, claims, damages including but not limited to loss of business and goodwill incurred by FUNFUEL ENTERTAINMENT or another party due to unauthorized access to your account or password.

15. AVAILABILITY

The availability of Content(s) to view through Site(s)/ App(s) Service will change from time to time at the sole discretion of FUNFUEL ENTERTAINMENT. 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.

16. BILLING

By subscribing to the Site(s)/ App(s) Service, you hereby expressly agree that FUNFUEL ENTERTAINMENT 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 the Site(s)/ App(s) Service through any such payment method/ instrument including but not limited to credit/debit card, net banking, Unified Payments Interface (UPI) or other payment methods/ instrument accepted by FUNFUEL ENTERTAINMENT (“Payment Method”) that you are provided. The Payment Methods will differ from platform to platform (operating systems). In the event your subscription expires, FUNFUEL ENTERTAINMENT 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 and grant us Your explicit consent to effect such auto- renewal in the above-mentioned scenario.

In the event you desire to discontinue your auto-renewed subscription, you may refer to the FAQs or contact us at [email protected] in order to obtain assistance in this regard.

As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription and towards the end of each subscription term. We will notify you regarding such expiration. To see the commencement date for your next renewal period, go to the billing information section on your account page. If you change your Payment Method or subscription plan, this could result in changing the date on which you are billed. However, FUNFUEL ENTERTAINMENT will not be able to notify you of changes in any applicable taxes. All fees and charges are non-refundable and there are no refunds or credits for partially used periods and/or unwatched Content. Any changes in the Plan opted for by you shall be effective only after the expiry of the then current subscription period for which you have been billed. Similarly, the Services as per revised Plan opted by you shall be effective only after the expiry of the then current subscription period. In case you require a change in the subscription Plan and/or Services prior to the expiry of the then current subscription period, then FUNFUEL ENTERTAINMENT shall not be under any obligation to refund or give credit for any portion of the subscription fee paid by you for the unexpired period. You will remain liable to FUNFUEL ENTERTAINMENT for all such amounts and all costs incurred by FUNFUEL ENTERTAINMENT in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys´ fees, and arbitration or court costs. You also understand and acknowledge that FUNFUEL ENTERTAINMENT only facilitates the third party payment gateway for processing of payment. This facility is managed by the third party payment gateway provider and you are required to follow all the terms and conditions of such third party payment gateway provider. You are responsible for the accuracy and authenticity of the information provided by you, including the bank account number/credit card details and the like. You agree and acknowledge that FUNFUEL ENTERTAINMENT shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card and/or debit card fraud and/or fraud arising out of use of net banking, Unified Payments Interface (UPI) or other payment methods/ instrument accepted by FUNFUEL ENTERTAINMENT. You can contact us at [email protected] in case you require any assistance with regard to payment transfer on the Site(s)/ App(s) and the same could be forwarded to the concerned third party payment gateway provider for the redressal.

FUNFUEL ENTERTAINMENT reserves the right to add, modify, change, terminate or otherwise amend the Plans, add- on benefits, subscription fees or add-on fees for the subscription and billing cycles at its sole discretion and at any time. Such amendments shall be effective upon posting on the Site(s)/ App(s) and Your continued use of the Service shall be deemed to be Your conclusive acceptance of such amendments.

FUNFUEL ENTERTAINMENT reserves the right to change, supplement, alter or remove any of the Content that is subject to a subscription fee as it deems fit. FUNFUEL ENTERTAINMENT does not guarantee the availability of a specific Content or a minimum Content that is subject to a subscription fee.

17. MISCELLANEOUS

The Privacy Policy (as provided on the Site(s)/ Apps(s)), and any other documents, instructions, etc. included on the Site(s)/ Apps(s) shall be treated as co-terminus and read in conjunction with and shall form an integral part of these Terms of Use.

PLEASE NOTE: IF YOU STILL PROCEED TO ACCESS THE APP(S) AND SHARE THE PERSONAL INFORMATION WITH FUNFUEL ENTERTAINMENT, YOU SOLELY SHALL BE RESPONSIBLE FOR ANY KIND OF LEGAL OR OTHER ACTIONS THAT SHALL TAKE PLACE AND FUNFUEL ENTERTAINMENT SHALL NOT BE RESPONSIBLE FOR ANY ACTIONS IN ANY MANNER WHATSOEVER.

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