TERMS AND CONDITIONS:
This agreement is initiated and is enter the user login into VMAS ASIA (INDIA) Web Posrtal as well as application of any other online and offline services connected to this site.
This Digital Video License Agreement (this ‘Agreement’ , for brevity) contains the terms and conditions of your use of the Our i.e, (VMAS ASIA (INDIA) a Division of VMAS ASIA NETWROK PVT LTD) digital content publication and distribution program (the ‘Content’ , for brevity) for distribution of audio-visual programs and related content via the digital audio-video services provided by VMAS ASIA (INDIA) or its Affiliates and VMAS ASIA (INDIA)’s use of such content.
This Agreement is a binding agreement between you and VMAS ASIA (INDIA). As used in this Agreement, ‘VMAS ASIA (INDIA)’ , ‘we’ or ‘us’ means, individuallyVMAS ASIA NETWORK PVT LTD, a Company incorporated under the provisions of the Companies Act, 2013, and having its Registered Office at 512, 5th Floor, Mansarovar Building, Nehru Place, New Delhi -110019, CIN No. U22300DL2020PTC373303 and / or any other VMAS ASIA (INDIA)’s Affiliate/s OR VMAS FRANCHISE’s according to the legal agreement with respective regions. As used in this Agreement, ‘End User’ or ‘you’ means the person and / or entity accepting this Agreement.
‘Affiliate’ means any entity that directly or indirectly controls, is controlled by, or is under common control with VMAS ASIA (INDIA) or Content Provider, as appropriate. Affiliate that joins as a party to this Agreement as provided herein, in each case, solely with respect to such entity’s exercise of its rights and compliance with its obligations in connection with the countries, territories, and provinces designated by VMAS ASIA (INDIA).
Any version of this Agreement in a language other than English is provided for convenience and the Agreement in English language would prevail upon any other version in any other language.
Your continued use of the Program Site and the Program, following any changes to this Agreement, would constitute your explicit and express acceptance of such changes. If you do not agree to changes to this Agreement or the Program Site, following any changes to this Agreement or the Program Site, you may discontinue the use by issuance of notice of termination to us, in which event we would cease offering you your subscribed services, within thirty (30) days from the date that we receive notice of termination.
Pursuant to an acceptance of this Agreement, VMAS ASIA (INDIA) would render you the services and the opportunity to purchase and / or access the Titles pursuant to the Distribution Modes (including, without limitation, via re-download and streaming from the Service) which you indicate as available on the Our Portal Site / Applications. The retail prices for the purchase and / or viewing purpose would depend from Title to Title, Subscription Plans .
VMAS ASIA (INDIA) would have sole discretion to determine the retail prices charged for offerings on the Service.
VMAS ASIA (INDIA) may advertise, market, and promote, in any and all media (whether now known or hereafter devised), the availability of Titles on the Service using the Delivery Materials and any images, trailers, logos, artwork, publicity materials, and metadata provided by the respective owner of the Title, as it deems appropriate (including any non-substantial edits to such materials (e.g. cropping, re-sizing and re-formatting)) as well as any video clips from the Titles created by VMAS ASIA (INDIA) (the ‘ Promotional Materials/ Marketing Collaterals‘). VMAS ASIA (INDIA) may insert advertisements before, during or after Titles made available in the Service for Ad-Supported Access and may insert pre-roll and post-roll advertisements, graphics, videos, and logos into or over Titles made available on the Service via any Distribution Modes
Which will be on Subscription Plan basis? VMAS ASIA (INDIA) may feature the Promotional Materials in advertisements outside the Program Site, in any media, to promote the Titles and related products, the Service and any features of the Service, and the availability of the Titles on the Service. VMAS ASIA (INDIA) may make such modifications as may be necessary to conform the Title to applicable law in the Territory, provided VMAS ASIA (INDIA) would use commercially reasonable efforts to ensure such modifications do not to impair the creative integrity, quality or meaning of the Title and the same would be done, if at all done, only to increase the quality of the digital distribution services being rendered by it to you.
Notwithstanding any expiration or termination of this Agreement for any reason, VMAS ASIA (INDIA) would continue (including, after the conclusion of the Term) to exercise the rights granted hereunder in order to comply with the laws of the Territory.
You agree and accept that your use of the Services and the Content may give you the opportunity to view, publish, transmit, submit posts and / or comment in accordance with these Terms and Conditions.
You further agree and accept that you would not misuse the content and / or other users’ material. Your access and view would be as part of the Service, including without limitation, not allowing the download / store the Content by illegal / non-permitted means, or infringe any of our & or our licensor and / or third party’s copyrights, trademark designs, patents and / or other intellectual property, including any rights of VMAS ASIA (INDIA) and / or our licensors or any third party subsisting in the content.
You further agree that you would not copy / record / edit / modify any of the content you access and view as part of the service, for any purpose of whatsoever nature and / or copy / record / edit / modify any of the content, including audio, video, images etc., by using any means, including software, spyware, etc., for any purpose whatsoever.
You further agree that you would not post, publish, transfer, upload, transmit or submit any of the content, including without limitation, audios videos, images, comments, or articles, of our website on any other website, webpage or software, mobile application of whatsoever nature in whatsoever manner.
You further agree and accept that the content provided on our Program Site 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 our website or on mobile application to any other person(s), or in any manner communicate such content to the public.
In case and if our Program Site allows you to download or stream any of the content in whatsoever manner, you categorically agree that you would not use, sell, transfer or transmit the content to any person or upload the content on any other website, webpage or software or mobile application, which may violate / cause damages and / or injuries to any rights of VMAS ASIA (INDIA) or its affiliates or any third party including privacy rights, publicity rights, and intellectual property rights.
You acknowledge that VMAS ASIA (INDIA)’s Code of Business Conduct and Ethics (the ‘ Code‘) prohibits the paying of bribes to anyone for any reason, whether in dealings with governments or the private sector. You would not violate or knowingly permit anyone to violate the Code’s prohibition on bribery or any applicable anti-corruption laws in performing under this Agreement. VMAS ASIA (INDIA) may immediately terminate or suspend performance under this Agreement if you breach this requirement.
You categorically acknowledge and agree that: (i) your ability to avail the access of Titles on the Service would be subject to geo filtering techniques or digital rights management technology used by VMAS ASIA (INDIA) on the Service for Titles and in the event of failure on account thereof, rendering your access to such or any Title unavailable and / or suspended and / or inaccessible, you would not be entitled to any other remedies, including without limitation monetary damages, in connection therewith.
All withdrawals of Titles and Subscriptions would apply prospectively only and not with respect to any customers who purchased the Titles or content-specific Subscriptions prior to the date of removal, meaning that we would allow any customer, including you, if you have previously purchased a Title for Digital Purchase or Digital Rental or a Subscription Access to view the Title, as applicable, after it has been withdrawn from the Service to the extent that you had already purchased those rights prior to the withdrawal.
It is understood and accepted by you that the service is made available on an as-is-where-is-the-way-it-is basis and VMAS ASIA (INDIA) makes no representation or warranty of any kind, express or implied, regarding the service, including without limitation, (i) that the service would always be available, accessible, or operate without error.
‘VMAS ASIA (INDIA) Confidential Information’ means:
Without limiting the survivability of any other provision of this Agreement, this Section would survive three years following the termination of this Agreement.
21.2. Notices: Any communication of importance, including a Notice, should be in writing, which should be issued to the addressee-party at its address as mentioned hereinabove. Such communication may be sent by Post or by email, depending on the exigency, importance and convenience of the parties.
21.3. Parties to act with due diligence and in good faith: The Parties hereto would dutifully perform all covenants of this Agreement in letter and spirit and would otherwise act with due diligence and in good faith.
21.4. Waiver: Save and except as expressly provided in this Agreement, no exercise, or failure to exercise, or delay in exercising any right, power or remedy vested in this Agreement would constitute a waiver by either Party of that or any other right, remedy or power.
21.5. It is understood by the parties that this contract is for rendering of services on Principal-to-Principal basis and not for any other purpose, including supply of labor. Said such rendering of services by VMAS ASIA (INDIA) to you is as per the current Government policies, laws, rules and regulations and, as such, it is subject to relevant changes with the changes in such policies, laws, rules and regulations. As mentioned, under the contract, the relationship between VMAS ASIA (INDIA) and you is on a ‘principal to principal’ basis and not as between ‘a principal and an agent’. You, in the performance of this contract, would be responsible for your work, productivity and returns therefrom from your own account.
VMAS ASIA NETWORK PVT.LTD
512, 5th Floor, Mansarovar Bldg
Nehru Place, New Delhi-110019
Attn: Data Protection Officer.