The following Terms of Use (“Terms of
Use” or “Terms and Conditions”, “Agreement”) apply to all users of DATAROTT and
its associated websites, portals, domains, subdomains, mobile versions, any
associated applications and services (collectively, the “Site”), which is
operated by DATAR ABHINAV FILMS CREATION PVT LTD (“Company,” “us” or “we”).
Before Using The Site, Kindly Read The Following Terms And Conditions
Carefully As They Effect Your Rights, By Registering With The Site Or By
Availing Our Services, You Hereby Acknowledge That You Have Read, Understood,
And Agree To Be Bound By The Following Terms Of Use, Privacy Policy And Any
Other Policy As Mentioned Herewith And Any Future Modifications That Might Take
Place. If At Any Time You Do Not Agree To These Terms Of Use, Kindly Terminate
Your Use Of The Site Immediately.
1.
ACCEPTANCE OF TERMS:
DATAROTT
is a Subscription based Video on Demand Platform that offers a wide variety
of audio-visual contents, including but not limited to web series, short films, trailer clips
and various other content of different genres from romantic, social, comedy,
suspense thriller, drama, horror and many more.
Use of the Services (including access to the Content, Live Streaming
Services, Chat with celebrities) is subject to compliance with the Terms of Use
and our Privacy Policy ("Privacy Policy"). Please read the Privacy
Policy carefully for information relating to Company’s collection, use and
disclosure of your personal information. Company reserves the right, at our
discretion, to modify, alter, add or remove clauses of these Terms at any time
for any reason, and would update the same in our policies. All changes shall be
effective immediately. Kindly check the Terms of use/Policies periodically for
latest update. Your use of the Site after the posting of changes shall
constitutes your binding acceptance of such changes. Be sure to review this
Agreement periodically to ensure your familiarity with the most current
version. Please note that these Terms of Use apply to all users of DATAROTT APP
and website may contain links to third party websites that are not owned or
controlled by us. We have no control over, and assume no responsibility for the
content, privacy policies, or practices of any third-party websites. In addition, we will not and
cannot censor or edit the content of any third-party website. By using the
Website, you expressly relieve us from any and all liability arising from your
use of any third-party content. Accordingly, we encourage you to be aware when
you visit or leave the DATAROTT APP and/or Website to read the terms and
conditions and privacy policy of each other content/website that you visit.
Terms for using and/or viewing videos/text/images on the DATAROTT APP and on
its website and any software, products, and services offered or contained
through this App or website are provided on an “as is” basis and on an “as
available” basis. DATAROTT makes no representations or warranties of any kind
with respect to its contents, software or such products and services, and
disclaim all such representation and warranties, including, without limitation,
warranties of merchantability and fitness for a particular purpose,
non-infringement of third party rights, error-free or uninterrupted service,
accuracy, availability, reliability, security, currency and completeness
arising from or relating to its content, software, tools, tips, product or
services. These Agreement/Terms of Use sets forth the legally binding Terms of
Your Use of our APP / website and its services located at URL https://datarott.com
and DATAROTT APP.
You must access and use the Services
only if You can form a binding contract with Us and are not a person barred
from receiving services under the laws of India or other applicable
jurisdiction. If You are accepting these Terms of Use and using the Services on
behalf of a company, organization, government, or other legal entity, you
represent and warrant that You are authorized to do so. You may use the
Services only in compliance with our terms of use, Age Suitability Terms,
Privacy Policy, all applicable local, state, national, and international laws,
rules and regulations.
2.
OWNERSHIP AND PROPRIETARY RIGHTS:
The site and APP including all
content graphics, design, visual interfaces, audio, video, digital content,
proprietary information, all copyrights,
patents, trademarks, service marks, trade names and all other intellectual
property rights therein are owned by DATAROTT and /or its licensors or group companies
and are protected by applicable Indian and international copyright and other
intellectual property laws. You acknowledge, understand and agree that you
shall not have, nor be entitled to claim, any rights in and to the website/
application content/ services and /or any portion thereof. You agree not to
copy, reproduce, duplicate, stream, capture, print, archive, upload, download,
publish, broadcast, sell, resell, edit, modify, manipulate, translate, decompile,
disassemble, reverse engineer or exploit for any purposes the content or any
portion of website/ application, including, without limitation, the content and
the marks, except as authorized by these terms of use or as otherwise
authorized in writing by DATAROTT. In addition, you are strictly prohibited
from creating derivative works, or materials that otherwise are derived from or
based on in any way the content and the marks, including montages, mash-ups and
similar videos, wallpaper, desktop themes, e cards, greeting cards, and
merchandise, except as authorized by these terms of use or as otherwise
authorized in writing by DATAROTT. You must abide by all copyright notices,
information, and restrictions contained in or associated with any content. you
must not remove, alter, interfere with, or circumvent any copyright, trademark,
or other proprietary notices marked on the content or any digital rights
management mechanism, device or other content protection or access control
measure (including, without limitation, geo-filtering and /or encryption)
associated with the content. You hereby agree that all intellectual property
rights, title and interest in the user-generated content published or generated
on website/ application by you shall vest with DATAROTT.
3.
CONSENT:
By using and/or visiting the APP or
website, (collectively, including all content available through the DATAROTT domain
name), you signify your assent to both these terms and conditions (Terms of
Use) and the terms and conditions of DATAROTT Policy, which are published, and
which are available on this website for
reference. In addition, when using particular services provided by us such as
viewing any clips, or participating in any contests, you shall be subject to
any additional guidelines or rules applicable to such services. Kindly print
these terms of use or save a copy of these terms of service for your records.
If you do not agree to any of these terms, then kindly do not use our website/
cease to use our services with immediate effects.
4.
AGE RESTRICTION:
You must be at least 7 years of age
to use this website / portal or any services contained herein (expect
for 18+ content). By using this Website, you represent and warrant that your age is in
compliance with above mentioned age restrictions and may legally agree to these
terms of use of services. The Company assumes no responsibility or liability
for any misrepresentation of your age.
5.
PERMISSION TO USE:
We hereby grant you permission to use
the APP/Website as set forth in this Terms of Use, provided that: (i) your use
of the APP/ Website as permitted for entertainment purpose is solely for your
personal, non-commercial, legal, ethical and
non-vindictive, non-discriminatory and non-racial use; (ii) you will not
copy or distribute any part of the APP/Website in any medium without prior
written authorization from us; (iii) you will not alter or modify any part of
the APP/Website other than as may be reasonably necessary to use the
APP/Website for its intended purpose, subject to restrictions by us at any time
either prior to or after the use, without assigning any reasons whatsoever; and
(iv) you will otherwise comply with all
the terms and conditions of these Terms of Use. (v) Our service and any content
viewed through the service are for your personal and non-commercial use only
and may not be shared with individuals beyond your household. (vi) During your
membership we grant you a limited, non-exclusive, non-transferable right to
access our service and view our content. (vii)
Except for the foregoing, no right, title or interest shall be
transferred to you. You agree not to use the service for public performances.
You further agree not to use our packages for any illegal or unauthorized
purpose nor may you, in the use of the Service, violate any laws in your
jurisdiction including but not limited to copyright laws. You must not transmit
any worms or viruses or any code of a destructive nature. A breach or violation
of any of the Terms will result in immediate termination of your Services and
further actions and remedies as provided in law. We shall have the discretion
to make certain or all Content that is a part of the Subscription available to
You on either one or limited number of end user device concurrently.
6.
CREATION OF ACCOUNT
In order to access some features of
the APP/Website, you will have to create a google account. Your Gmail Id would
be your user Id while using or APP / web portal / website on all the devices.
You may never use another’s account without consent or permission. When
creating your account, you must provide accurate and complete information. The
data you provide is deemed to be considered as true and correct. You are solely
responsible for the activity that occurs on your account, and you must keep
your account password secure. You must notify us immediately of any breach of
security or unauthorized use of your account. Although we will not be liable
for your losses caused by any unauthorized use of your account, you may be
liable for the losses and claims of DATAROTT or others due to such unauthorized
use. You agree not to use or launch any automated system, including without
limitation, “robots, spiders, offline readers,” etc., that accesses the
APP/Website in a manner that sends more request messages to our servers in a
given period of time than a human can reasonably produce in the same period by
using a convention on-line web browser. Notwithstanding the foregoing, we grant
the operators of public search engines permission to use spiders to copy
materials from the site for the sole purpose of creating publicly available
searchable indices of the materials, but not caches or archives of such
materials. We reserve the right to revoke these exceptions either generally or
in specific cases. You agree not to collect or harvest any personally
identifiable information, including account names, from the APP/Website, nor to
use the communication systems provided by the APP/Website for any commercial
solicitation purposes. You agree not to solicit, for commercial purposes, any
users of the APP/Website with respect to their User Submissions.
7.
SUBSCRIPTION AND MEMBERSHIP FEES
Hit Prime offers some services for
free from time to time on the web portals, but there are different plans and
packages to access the service and become member that suit and cater your need.
You have to subscribe and become member by selecting a suitable package. All of
our packages are excluding GST. Kindly check your plan /package and price
before proceeding for paying or making any payments. DATAROTT reserves the
right to change the terms of subscription, including pricing and packages from
time to time. Our policies and subscription plans are
users friendly and if you wish to just watch a single episode, we provide you
with the option to pay and watch that particular Episode. Our Subscriptions
plans are very affordable. The Subscription Fee will be billed as per Your
selected Payment Method (defined hereunder) for the subscription plan/package selected by You
and on each subsequent renewal automatically (as per the subscription
plan/package chosen by You) unless and until You cancel the Service, or the Service
is otherwise suspended or discontinued pursuant to this Terms of Use. It may take a few days for Your payment made
to Us to be reflected in Your "Account" section. "Payment Method"
shall mean all the approved methods as available to the Users to process and
facilitate the payment of the Subscription Fee for accessing the Subscription
Services. You shall be governed by the Terms of Use and Privacy Policy of the
third-party payment gateways / service providers, engaged to process and
facilitate the payment of the Subscription Fee for accessing the Subscription
Services.
You are
responsible for the accuracy and authenticity of the information provided by
You, including the bank account number/credit card details and any other
information requested by the payment gateway service provider during the
subscription process. We further clarify that We do not receive or collect any
of Your financial information including bank account number, credit card and/or
debit card number, one-time-password sent by Your bank, passwords, bank
customer IDs etc., and will not be responsible for misuse of such information
by anyone. You agree and acknowledge that We 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/debit
card/banking fraud. You can file any complaint related to payment processing by
writing to the third-party payment gateway/payment processing service provider,
on the email provided by them.
8.
CANCELLATION AND REFUNDS:
Payments are non-refundable. Kindly
check the package that suits you best and then make the payment. The package
that you select cannot be altered or modified. We request you to carefully
select the plan and make the payment, After the payment is through, the package
/ plan selected cannot be altered. If you cancel, modify your subscription, or
if your account is otherwise terminated under these Terms, you will not receive
a refund / credit, including for partially used periods of Service. We do not
provide price protection or refunds in the event of a price drop or promotional
offering. DATAROTT however may review the circumstances on case-to-case basis
but the decision would be of DATAROTT sole and absolute discretion.
We, being the service providers for
contents available through SITE or APP, where you are expected to view packages
of your choice after being paid for subscription; unfortunately, all fees to DATAROTT
for such services are non-refundable. In case, because of any technical glitch
at the time of online transaction, the transaction does not occur, the amount
in process of transfer by default goes back into your bank account,
automatically through Payment Gateway
Any and
all payments made under the Terms of Use are non-refundable, and we do not
provide refunds or credits for any partial-month subscription periods for any
and all reason except if You have reason to believe that Your Account details
have been obtained by another without consent. In such an event, you should
immediately contact the third-party payment gateway / payment processing
service provider (on the email provided by them) for resolution.
All the available services on our
platform/website/App shall be governed by our policies/terms of use/privacy
policy/other available guidelines (if any).
The availability of content(s) to view through Website/
Application will change from time to time at the sole discretion of Us. 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.
10.
LIMITATION OF LIABILITY:
In no event shall DATAROTT or its
officers, directors, employees, or agents, be liable to you for any direct,
indirect, incidental, special, punitive, or consequential damages whatsoever
resulting from any (i) errors, mistakes, or inaccuracies of content, (ii)
personal injury or property damage, of any nature whatsoever, resulting from
your access to and use of our APP/website, (iii) any unauthorized access to or
use of our secure servers and/or any and all personal information and/or
financial information stored therein, (iv) any interruption or cessation of
transmission to or from our APP/ Website, (iv) any bugs, viruses, Trojan
horses, or the like, which may be transmitted to or through our APP/ Website by
any third party, and/or (v) any errors or omissions in any content or for any
loss or damage of any kind incurred as a result of your use of any content
posted, emailed, transmitted, or otherwise made available via our APP/ Website,
whether based on warranty, contract, tort, or any other legal theory, and
whether or not the company/owner of our APP/ Website is advised of the
possibility of such damages. The foregoing limitation of liability shall apply
to the fullest extent permitted by law in the applicable jurisdiction. You
specifically acknowledge that we shall not be liable for user submissions,
content or the defamatory, offensive, or illegal conduct of any third party and
that the risk of harm or damage from the foregoing rests entirely with you. The
APP/ Website is controlled and offered by us from its facilities in India. We
make no representations that the APP/ Website is appropriate or available for
use in other locations. Those who access or use the APP/ Website from other
jurisdictions do so at their own volition and are responsible for compliance
with local law.
11.
INDEMNITY:
You agree to defend, indemnify and
hold harmless DATAROTT, its parent company, subsidiary company, associate,
affiliates, partners, corporation, officers, directors, employees and agents,
from and against any and 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 us (ii) your violation of any term
of these Terms of Service; (iii) your violation of any third party right,
including without limitation any copyright, property, or privacy right; or (iv)
any claim that one of your User Submissions caused damage to a third party.
This defence and indemnification obligation will survive these Terms of Use and
your use of our APP / Website.
12.
WAIVER:
A provision of these Terms of Use may
be waived only by a written instrument executed by the party entitled to the
benefit of such provision. The failure of Company to exercise or enforce any
right or provision of these Terms and Conditions will not constitute a waiver
of such right or provision.
13.
SEVERABILITY:
If any provision of these Terms shall
be 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.
14.
ASSIGNMENT:
These Terms of Service, and any
rights and licenses granted hereunder, may not be transferred or assigned by
you, but may be assigned by us without restriction.
15.
GOVERNING LAWS AND JURISDICTION:
You
agree that: (i) DATAROTT shall be deemed solely based in India; and (ii) DATAROTT
Website and the DATAROTT APP shall be deemed a passive Website / APP that
does not give rise to personal jurisdiction either specific or general, in
jurisdictions other than Mumbai, India. The internal substantive laws of India,
without respect to its conflict of laws principles, shall govern these Terms of
Use. Any claim or dispute between you and Sol that arises in whole or in part
from the DATAROTT APP or Website shall be decided exclusively by an
arbitrator decided by Us under its procedures and will be decided as per the
provisions of the Indian Arbitration and Conciliation Act of 1996, which will
be held in Mumbai. The Courts located in Mumbai; India will have exclusive
jurisdiction over any decisions of the arbitrator. These Terms of Services/Use,
together with the Privacy Policy at the DATAROTT APP and Website and any
other legal notices published by Sol on their APP/Website, shall constitute the
entire agreement between you and DATAROTT concerning the APP/Website You agree
that any cause of action arising out of or related to our app/website must
commence within one (1) year after the cause of action accrues. Otherwise, such
a cause of action is permanently barred.
We reserve the right to amend
these Terms of Use at any time and without notice, and it is your
responsibility to review these Terms of Service for any changes.