Terms of Use

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Mainstream Video Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at No 791/A, Hosur Main Road, Singasandra, Bangalore- 68 (“Mainstream”) owns the domain name www.mainstreamtv.in (“Website”). The Website allows, upon subscription and payment of necessary subscription fee or on an Advertisement Video On Demand model, users to access and view, inter alia, movies and TV serials, music and videos (“Content”) streamed over the Internet to certain Internet-connected TVs, desktops, laptops, mobiles and other devices.

Your use of the Website and services and tools are governed by the following terms and conditions,“Terms of Use” as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website and user interfaces, You shall be subject to the policies that are applicable to the Website and user interfaces, for such transaction. By mere use of the Website and user interfaces, You shall be contracting with Mainstream TV and these terms and conditions including the policies constitute Your binding obligations.

For the purpose of these Terms of Use, wherever the context so requires “You”, “Your” or “User” shall mean any natural or legal person who has agreed to become a member on the Website and user interfaces, by providing certain information (as detailed in the Privacy Policy) while registering on the Website and user interfaces.

BY ACCEPTING THESE TERMS OF USE IN ANY MANNER OR ACCESSING THIS WEBSITE AND USER INTERFACES, YOU CONSENT, AGREE AND UNDERTAKE TO ABIDE, BE BOUND BY AND ADHERE TO THE TERMS OF USE and the Privacy Policy accessible at https://www.mainstreamtv.in/terms_and_condtions and https://www.mainstreamtv.in/privacy_policy respectively and any other terms which govern the Website and user interfaces, 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. These terms require the use of arbitration Section on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute. These Terms of Use were created with the help of the Terms Of Use Generator and the Privacy Policy Sample.

Access to the Site

Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.

Certain Restrictions.

The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms.  All copyright and other proprietary notices on the Site must be retained on all copies thereof.

Company reserves the right to change, suspend, or cease the Site with or without notice to you.  You approved that Company will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.

SUPPORT

If You have any questions, complaints or claims with respect to the Website and/or Services, then such correspondence should be directed to the address as given below. Mainstream Video Private Limited

The contact information – info@mainstreamtv.in

Third-Party Links & Ads.

The Site may contain links to third-party websites and services, and/or display advertisements for third-parties.  Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads.  Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads.  You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

Other Users.

Each Site user is solely responsible for any and all of its own User Content.  Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others.  You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions.  If there is a dispute between you and any Site user, we are under no obligation to become involved. You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site.

Cookies and Web Beacons.

Like any other website, Mainstream TV uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.

Google DoubleClick DART Cookie.

Google is one of a third-party vendor on our site. It also uses cookies, known as DART cookies, to serve ads to our site visitors based upon their visit to www.website.com and other sites on the internet. However, visitors may choose to decline the use of DART cookies by visiting the Google ad and content network Privacy Policy at the following URL – https://policies.google.com/technologies/ads

Our Advertising Partners.

Some of advertisers on our site may use cookies and web beacons. Our advertising partners are listed below. Each of our advertising partners has their own Privacy Policy for their policies on user data. For easier access, we hyperlinked to their Privacy Policies below. Google

DISCLAIMER OF WARRANTIES

You agree that use of the Services and the access to the Website is at Your own risk. The Services including the Website, the Content, the video player, User Material and any other materials contained on or provided through the Website are provided “AS IS” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, Mainstream Video Private Limited does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the Services will be uninterrupted, free of viruses and other harmful components, accurate, error free or reliable.

LIMITATION OF LIABILITY

IN NO CASE SHALL MAINSTREAM VIDEO PRIVATE LIMITED, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS OF THE SITE OR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS

IN ANY CONTENT OR MATERIAL, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, EVEN IF ADVISED OF THEIR POSSIBILITY. WHERE THE LAWS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, MAINSTREAM VIDEO PRIVATE LIMITED’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Term and Termination.

Subject to this Section, these Terms will remain in full force and effect while you use the Site.  We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms.  Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately.  You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases.  Company will not have any liability whatsoever to you for any termination of your rights under these Terms. 

Copyright Policy.

Mainstream or its licensors, owns all right, title and interest in the intellectual property rights to the Platform, underlying software, user interfaces, Services and Content, including the graphics, images, photographs, logos, trademarks, the appearance, organisation and layout of the Platform . You agree that by accessing the Platform, no right, title or interest in the Platform, software, user interfaces, Services or Content shall be deemed transferred to You. Except as provided in these Terms of Use, You may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, redistribute, perform, display, sell, frame or deep-link, make available, sell, offer on commercial rental, create derivative works, translate, adapt or otherwise use the Platform, Content and/or Services in a manner not expressly provided for under these Terms of Use. You agree to not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections in the Platform including but not limited to Digital Rights Management controls and geo-filtering mechanisms. You warrant that You are using the Platform on Your own initiative and You agree to use the Platform, Services and Content in accordance with all applicable laws, rules and regulations.

You shall use the Platform only for its intended purposes in a bona fide manner. In addition to the restrictions provided above and in clause 1, You further agree to use the Platform, Services and/or Content in a lawful manner and not to: 

• 1.Use the Services for any purpose that is unlawful or prohibited by the Terms of Use;
• 2.attempt to or gain unauthorised access to any portion or feature of the Platform including accounts, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the Services by hacking, password “mining” or any other illegitimate means;
• 3.Directly or indirectly solicit the account information of other users or access or try to access any account which does not belong to You;
• 4. Probe, scan or test the vulnerability of the Platform or any network connected to the Platform or Services or breach the security or authentication measures on the Platform or any network connected to the Platform;
• 5. Extract data from the Platform;
• 6.Attempt to circumvent the regular operation of the Platform, or reduce the fees or consideration that We may derive from the Platform by any means including by creating multiple accounts, redirecting traffic or following other fraudulent or deceptive practices;
• 7.Collect any user information through automated means, including but not limited to bots, robots, spiders and scrapers without Our prior written permission;
• 8.Facilitate or encourage any violation of these Terms of Use or Our other Policies, including the Privacy Policy, as amended from time to time;
• 9.Make any statement(s) or comment(s) on the App which is/are inaccurate, false, unfair or defamatory to Us or other users or which violates the legal right of others;
• 10.Harass or harm another person;
• 11.Exploit or endanger a minor;
• 12.Impersonate or attempt to impersonate any person or entity;
• 13.Violate any intellectual property right, trade secret, privacy, publicity or other proprietary right;
• 14.Introduce or engage in activity that involves the use of viruses, software disabling codes, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorised use of or access to a computer or a computer network;
• 15.Attempt to decipher, decompile, disassemble or reverse engineer any of the software, applications and/or any element comprising the Platform, the application for accessing the Content, or the Services;
• 16.Copy, record, edit, modify any of the Content for any purpose;
• 17.Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorised access to the Services, including Mainstream's servers, networks or accounts;
• 18.Cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Services or the Content;
• 19.Delete or revise any information provided by or pertaining to any other user of the Services;
• 20.Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Services;
• 21.Solicit, collect or request any personal information for commercial or unlawful purposes;
• 22.Post, upload or otherwise transmit or link to an image, video, audio or any information of another person without that person's consent;
• 23.Post, upload or otherwise transmit or link to content that is threatening, abusive, excessively violent, invasive of another’s privacy, publicity or other rights;
• 24.Post, upload or otherwise transmit or link to content that is tortious, false or misleading or is defamatory, libelous, hateful or discriminatory;
• 25.Post, upload, host, display, publish, share or otherwise make available on the Platform any content or information or User Materials that belongs to another person to which You do not have any right to, or contains any content which is not compliant with the Information Technology Act, 2000, rules, regulations, and guidelines made thereunder, including Rule 3 of The Information Technology (Intermediaries Guidelines) Rules, 2011, Terms of Use or Privacy Policy, as amended or re-enacted from time to time;
• 26.Engage in commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the Content; or building a business using the Content) without Mainstream's prior written consent;
• 27.Use technology or other means to access, index, frame, or link to the Platform (including the Content) that is not authorised by Mainstream;
• 28.Access the Platform (including the Content) through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices but not caches or archives of the Platform and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorised content);
• 29.Use the Services to advertise or promote competing services;
• 30.Use the Services in a manner inconsistent with any and all applicable law;
• 31.Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing;
• 32.Use the Services for public display regardless of whether the public has paid for such display or not;
• 33.Broadcast or make available the Content to any third party; or
• 34.Use the Platform and/or Services for any other purpose other than for personal viewing.

CHANGES

Mainstream reserves the right, at any time and from time to time, without notice to You, to update, revise, supplement, and otherwise modify these Terms of Use and to impose new or additional rules, policies, terms, or conditions on Your use of the Service. Any material updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in these Terms of Use as “Additional Terms” will be posted on the Website and user interfaces, and will be effective immediately after such posting and thereafter incorporated into these Terms and Conditions. Your continued use of the Services will be deemed to constitute Your acceptance of any and all such Additional Terms.

DISPUTE RESOLUTION

This Agreement will be governed by the laws of India as applicable between residents, without giving effect to its principles of conflict of laws (“ Governing Law”). In the event of a dispute arising out of or relating to these Terms of Use, including any question regarding its existence, validity or termination, the parties shall, at the first instance try to resolve the dispute amicably by mutual discussions, and if the parties are unable to do so then, they may refer the dispute to, and finally resolve by, arbitration. In any arbitration commenced pursuant to this clause, the number of arbitrators shall be one, solely appointed by Company; (ii) language of arbitration proceedings shall be English, and (ii) the seat, or legal place, of arbitration shall be Bangalore, India. The arbitration shall be confidential proceedings, closed to the general public. The arbitration shall be governed by and conducted in accordance with Arbitration and Conciliation Act, 1996. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek relief in a court of competent jurisdiction in Bangalore, India without thereby waiving its right to arbitration of the dispute or controversy under this clause. Subject to the foregoing dispute resolution clause, both parties submit to exclusive jurisdiction of the courts at Bangalore, India.

INDEMNITY

You agree to defend, indemnify and hold harmless Mainstream, its affiliates, officers, directors, employees and agents, from and against any and/or all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the Services; (ii) Your violation of any term of these Terms and Conditions; (iii) Your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; (iv) Your breach of any applicable laws; and (v) any unauthorised, improper, illegal or wrongful use of Your Account by any person, including a third party, whether or not authorised or permitted by You. This indemnification obligation will survive the expiry or termination of these Terms and Conditions and Your use of the Service. Reservation of Rights; Waiver. The Service, Software and the Digital Content embody intellectual property that is protected by law. Copyright owners of Digital Content are intended third-party beneficiaries under the Agreement. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.

Confidentiality.

All aspects of the arbitration proceeding shall be strictly confidential.  The parties agree to maintain confidentiality unless otherwise required by law.  This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Miscellaneous Force Majeure

We shall not be held liable whatsoever in the event of failure to deliver the Services under these Terms of Use or any portion thereof occasioned by an Act of God, war, disease, revolution, riot, civil commotion, strike out, terrorist attack, network maintenance, service maintenance, server maintenance or any other cause beyond Our reasonable control.

Survival

Obligations which by their nature would continue beyond termination or expiration of this Terms of Use will survive termination or expiration of this Terms of Use including but not limited to Your representations, undertakings and warranties under these Terms of Use and clauses relating to indemnity, disclaimer of warranties, limitation of license, grant of license in the User Material, governing law and jurisdiction.

Severability and Waiver

If any provision of this Terms of Use is unenforceable or invalid, void or unenforceable, then that provision shall be considered severable and the rest of the Terms of Use will continue if full force and effect. Any failure to exercise promptly any right under these Terms of Use shall not constitute a waiver of that right.

Electronic Communications 

Any information regarding Your use of or access to the Platform including but not limited to payment authorisations, invoices, changes in password or Payment Method, confirmation messages and notices shall be sent to You on Your registered e-mail address and/or mobile number. You expressly agree to Mainstream contacting You through Your registered e-mail address and/or mobile number for any purpose including but not limited to:

• obtaining feedback regarding Our Services;
• providing information regarding Our latest products and/or services offered either by Us or Our partners.

In the event You have registered Yourself on the national preference register or on any ‘do not disturb’ or similar list, You are requested to ensure that Your registrations permit us to contact You in accordance with this provision.

Entire Agreement

These Terms of Use and Policies constitute the entire agreement between You and Mainstream governing Your use of and access to the Platform, Content and Services, superseding any prior agreements between the two parties.

Your Privacy.

Please read our Privacy Policy.

Copyright/Trademark Information.

Copyright ©. All rights reserved.  All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Information

Address: No. 791/A AECS ‘B’ Block Singasandra, Hosur Main Road, Bangalore, Karnataka - 560068

Email: info@mainstreamtv.in