TERMS OF USE

For GDPR testing © 2017 Sony Pictures Networks India Private Limited. All rights reserved.


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SonyLIV Offers


Myntra Offer:

Flat 10% up to Rs.999/- off on min spend of Rs. 999/- on select styles on Myntra on purchasing SonyLIV Annual subscription.
For the catalogue: Click Here

Terms and Conditions:
1. Get Flat 10% up to Rs.999/- off on min spend of Rs 999- on the Myntra app or website on purchasing SonyLIV annual subscription
2. The Offer is valid from 19th June 2020 till 31st May 2021. For the catalogue : Click here

Process for availing this Offer:
1. On viewing the Offer as promoted by Mytra, any customer wanting to avail the Offer is required to visit the SonyLIV app
2. Customer should then subscribe to the SonyLIV annual package and maky payments towards the same
3. While subscribing to SonyLIV annual subscription the customer is required to enter the code “MYNTRA”, which will enable the customer to receive a Myntra digital coupon code (“Code”)
4. The customer can then redeem the Code on minimum spend of Rs. 999/- on selected style on Myntra

Other Terms
1. The Code can be used once per customer and multiple codes cannot be clubbed in a single order
2. This Offer is not valid at any of the alliance partner retail outlets/stores
3. The balance amount, after the discount is availed, will have to be paid by the customer at the time of purchase on Myntra
4. In no case, whatsoever, can the Code amount be refunded, encashed or partly encashed
5. Myntra's Return and Exchange Policy offers you the option to return or exchange items purchased on Myntra's application within 30 days of the receipt. In case of return of the purchased item, please refer to the “Return Policy” on the website/ app or call Myntra Customer care
6. All orders would be subject to availability at the time of purchase and will be governed by the standard terms and conditions listed on the Myntra App
7. All disputes arising out of or in connection to this Offer are subject to exclusive jurisdiction of the courts in Bangalore only
8. Disclaimers: Sony Pictures Networks India Pvt. Ltd. (“SPNI”) is not responsible for any dispute and/or claims by any customer in relation to this Offer
9. Myntra and/or SPNI is not responsible for any typographical error leading to the code being invalid
10. Please contact Myntra’s customer care - 08061561999 for any queries in relation to this Offer


AJIO offer

Terms and Conditions:
1.1.1. The SonyLIV Offer is a promotional offer made by SonyLIV with AJIO in relation to the sale of specified products displayed on the Platforms on this Link https://bit.ly/3glWRq4 (“Specified Products”)
1.1.2. The Promotion Offer will commence at [00:00:00] on [31st July 2020], and continue until [23:59:00] on 28th February 2021 or such other date on which the Promotion Offer is revoked by AJIO
1.1.3. During the Term of Promotion Offer, such SonyLIV users as determined by SonyLIV shall receive an electronic coupon code from SonyLIV for the purchase of Specified Products on the AJIO Platforms.
1.1.4. Eligible Users may thereafter use the SonyLIV Coupon to avail a discount of up to INR 1000 on the MRP of Specified Products from the Platforms.
1.1.5. Eligible Users can avail the SonyLIV Promotion Offer only if:
(a) the minimum purchase of Specified Products is for INR 2200;
(b) payment for purchase of the Specified Products is made using SonyLIV ; and
1.1.6. SonyLIV Coupons can be redeemed on or before 28th February 2021
1.1.7. Each SonyLIV Coupon may be redeemed only once under the SonyLIV Promotion Offer and is non-transferable, non-negotiable and non-encashable.
1.1.8. The SonyLIV Promotion Offer cannot be combined with any other promotion offered by SonyLIV or AJIO.
1.1.9. SonyLIV may, at its discretion, modify the terms of the SonyLIV Promotion Offer at any time, and without any intimation to Users.
1.1.10. AJIO reserves the right to cancel the orders placed by Eligible Users if the transaction is found to be of fraudulent nature.
1.1.11. AJIO reserves the right to modify the terms of the SonyLIV Promotion Offer, or discontinue the SonyLIV Promotion Offer at any time without assigning any reasons, and without any prior intimation to Users.
1.1.12. In case of any issues with the SonyLIV Promotion Offer, Users may contact SonyLIV. In case of any issues or questions relating to SonyLIV Promotion Offer, Users may contact AJIO at [https://www.ajio.com/selfcare].


PLEASE READ. YOUR USE OF THIS SITE IS SUBJECT TO THESE TERMS OF USE AND OUR PRIVACY POLICY. BY USING THE SITE, YOU CONSENT TO THE COLLECTION AND USE OF YOUR DATA IN ACCORDANCE WITH OUR PRIVACY POLICY

These Terms of Use ("Terms") apply to the websites, web pages, interactive features, applications, widgets, blogs, social networks, social network "tabs," alternative reality worlds or features, or other online or wireless offerings that post a link to these Terms, whether accessed via computer, mobile device or other technology, manner or means (each, a "Site," and collectively, the "Sites"). The Sites are offered by Sony Pictures Networks India Private Limited (“SPN”) or other companies associated with SPN (collectively, "SPN," or "we", "us", "our"). These Terms govern your rights and responsibilities in connection with the particular Site you are using (referred to sometimes as "the" Site). The term Site includes the content on that Site, all of our services provided on or through that Site (the "Site Services"), and any software that we make available on or through that Site (the "Software"), unless otherwise specified. You "use" the Site anytime you access (via computer, mobile device or other technology), view, link to or from, or otherwise interact or communicate with or connect to, the Site (or any parts thereof) or interact or communicate with other users through the Site (including, without limitation, on message boards, chat rooms and/or other communities established on the Site). Your use of the Site (or any part thereof) signifies your agreement to be bound by these Terms and the SPN Privacy Policy (the "Privacy Policy"), which is hereby incorporated by this reference into these Terms. These Terms constitute a legally binding agreement between You and SPN regarding your use of the Site and the services that allows for the distribution and reception of video, audio, and other content through such Site. Do not use the Site if you do not agree with any of the terms contained herein. By accessing the Site Service and/or by clicking “I agree”, You agree to be bound by these Terms. You hereby represent and warrant to SPN that you are at least eighteen (18) years of age and/or otherwise capable of entering into and performing legal agreements, and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the Site Service, they may do so only with the involvement of a parent or legal guardian, under such person´s account and otherwise subject to these Terms. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member / utilize the Site Service. Given the nature of the Internet, even though the Site is ordinarily (but not always) targeted to Indian ("India") residents, it may be accessed in other parts of the world. If you are not a Indian resident and yet use the Site, 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 complies with all applicable local laws in the jurisdiction from where you access or use the Site.

IF YOU ARE NOT A Indian RESIDENT, BY SUBMITTING YOUR PERSONALLY IDENTIFIABLE INFORMATION ON THE SITE, YOU EXPRESSLY CONSENT TO THE TRANSFER OF SUCH DATA TO INDIA, AND TO THE PROCESSING OF SUCH DATA ON SPN'S (OR ITS DESIGNATED VENDORS’) SERVERS, WHERE YOUR DATA WILL BE GOVERNED BY INDIAN LAWS THAT MAY PROVIDE A LOWER (OR DIFFERENT) LEVEL OF DATA PROTECTION THAN YOUR COUNTRY.

SPN reserves the right at its sole discretion, to change, modifies and/or adds 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 or any part thereof after any changes to these Terms or the Privacy Policy are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby. If you object to any such changes, your sole recourse will be to stop using the Site. Your use of certain Site features, functionality, programs or Services (including, without limitation, contests, sweepstakes, promotions, wireless marketing opportunities, photo or video or other User Submissions (as defined below) uploading/posting opportunities, RSS feeds, etc.) offered on or through the Site may be subject to additional or special terms and conditions ("Special Rules"), and before you use any such features, functionality, programs or Services you may be required to indicate your acceptance of such additional Special Rules. All Special Rules are incorporated into these Terms as if fully set forth herein.

OWNERSHIP; RESTRICTIONS ON USE

The content of the Site and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by SPN and/or its licensors 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 Site content and/or any portion thereof, except: (i) with respect to your own User Submissions (excluding any materials - e.g., key art, title treatment, clips, stills, music tracks, etc. - used in your User Submissions that may have been licensed to you by SPN for use in your User Submissions, for example in connection with a contest or other program or feature offered on the Site (such content referred to as the "SPN Licensed Assets")); and/or (ii) to the extent of your limited rights to use the Site for certain personal (non-commercial) purposes, as set forth below in the section titled  LICENSES GRANTED TO YOU, subject to the conditions set forth in the YOUR RESPONSIBILITIES section below and the other terms and conditions of these Terms. Except in connection with your own User Submissions (and then only to the extent you control them), or unless expressly authorized by SPN pursuant to these Terms or otherwise, you agree not to copy, reproduce, duplicate, stream, capture, access through technology or means other than those provided on the Site, perform, transfer, sell, resell, download, upload, archive, license to others, edit, modify, manipulate, create derivative works from or based upon (including, without limitation, mash-ups, montages, wallpapers, ringtones, greeting cards, T-shirts or other merchandise), publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, translate, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the Site 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 SPN and/or its licensors (including, without limitation, other Site users who have submitted their own User Submissions) and a violation of these Terms and may subject you to civil and/or criminal liability under applicable laws.

LICENSES GRANTED TO YOU

Subject to these Terms (including, without limitation, the  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, the following limited, revocable, non-exclusive, non-transferable, non-assignable, worldwide, royalty-free rights and licenses (each a "License"):

The License to obtain a registered personal account (and/or related username and password) on the Site and interact with other Site users as part of Site-based chat rooms, message boards, social media networks, online multiplayer games and/or other activities or similar Services offered on the Site; and

The License to use any other functionality expressly provided by SPN on or through the Site for use by users, subject to these Terms (including, without limitation, functionality to create and/or Submit User Submissions).

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:

USER SUBMISSIONS; GRANT OF LICENSE TO SPN; YOUR WARRANTIES AND REPRESENTATIONS

The Site may enable you to send, post, upload, transmit through webcam or similar functionality or otherwise submit to the Site (including, without limitation, by allowing you to provide the URL of where a particular piece of your content resides), or otherwise display or exchange (including, without limitation, with other Site users) on or by means of the Site to other destinations, such as social networking pages (including, without limitation, to your Personal Social Media) (collectively, "Submit"), your videos, textual comments, photographs, images, or other creative works and/or other personal media content and your ideas, opinions, feedback, and other information, (collectively, your "User Submissions"), and such User Submissions will generally be available to all users of the Site or to others using the destinations (such as for example social networking pages) where you have submitted your User Submissions. By Submitting your User Submissions on or by means of the Site you expressly acknowledge and agree that you and only you will be responsible for the content of your User Submissions and for any consequences that may arise therefrom. Except as may otherwise be provided in any Special Rules, it is not SPN's regular, established practice to monitor, control, or have knowledge of the User Submissions Submitted using the Site, but SPN may do so in its sole discretion. When you Submit (or attempt to Submit) your User Submissions on or by means of the Site, you automatically grant to SPN and its affiliates, an irrevocable, perpetual, worldwide, unconditional, unrestricted, fully-paid, royalty-free, transferable, fully sub-licenseable to multiple tiers of sub-licensees, non-exclusive right and license (the "SPN License") to display, publicly perform, distribute (including, without limitation, through third-party Web sites, blogs, microblogs and other social networking media and Internet and mobile resources and applications), store, transcode, host, cache, maintain, broadcast, webcast, mobilecast, transmit, distribute, tag, track, reproduce, edit, modify, format, re-format, link to and from, translate, delete, create derivative works, combine with other content, categorize, and/or otherwise use, reuse and/or otherwise exploit your User Submissions (or any portions or derivative works thereof) and any names, likenesses, voices, images, digital recordings, performances, and other ideas, concepts, feedback and other materials included in your User Submissions, in any manner, medium or content delivery technology now known or hereinafter devised, for any purpose, as determined solely in SPN's (or its authorized designees/licensees') sole discretion, without the requirement for any compensation to you or anyone else, or the need to require additional consent from you or anyone else, or the need to provide prior notification or any credit to you or anyone else. The SPN License shall survive in perpetuity in accordance with its terms regardless of whether you stop using the Site or SPN terminates your access to the Site. NOTHING CONTAINED HEREIN SHALL BE DEEMED TO TRANSFER TO SPN OR TO ANY OF ITS AFFILIATES ANY OWNERSHIP RIGHTS IN AND TO YOUR USER SUBMISSIONS, PROVIDED, HOWEVER, THAT SPN AND/OR ITS AFFILIATES AND/OR ITS LICENSORS WILL RETAIN SOLE AND EXCLUSIVE OWNERSHIP OF ANY OF THE SPN LICENSED ASSETS (IF ANY) INCLUDED IN YOUR USER SUBMISSIONS. EVEN THOUGH BY SUBMITTING YOUR USER SUBMISSIONS YOU ARE GRANTING TO SPN THE BROAD RIGHTS AND LICENSES SET FORTH ABOVE, YOU ACKNOWLEDGE AND UNDERSTAND THAT NOTHING CONTAINED HEREIN SHALL OBLIGATE SPN AND/OR ANY OF ITS AFFILIATES OR AUTHORIZED DESIGNEES TO HOST, DISTRIBUTE, DISPLAY OR OTHERWISE EXPLOIT ANY OF YOUR USER SUBMISSIONS OR EXERCISE ANY OTHER RIGHTS UNDER THE SPN LICENSE. You acknowledge and agree that: (a) you have no expectation of confidentiality of any nature with respect to any of your User Submissions, and (b) SPN and/or any of its affiliates may already have projects under consideration that are similar to your User Submissions or may independently develop projects that are similar to your User Submissions, or other User Submissions transmitted by other users of the Site may be similar or the same as your User Submissions. Because of the viral nature of social media, you should not submit any content or information to SPN that you do not want to be viewed and "shared" or otherwise distributed by others. In connection with all of the User Submissions you Submit to the Site, and any other activities that you conduct on or by means of the Site, you represent, warrant and covenant that: (i) the User Submissions are original to you (in other words, that you own all rights in and to your User Submissions) or, alternatively, that you have acquired all necessary rights in your User Submissions to enable you to grant to SPN the SPN License; (ii) you have paid or satisfied and will pay or satisfy in full all license fees, clearance fees, royalties, and any other financial or third party obligations of any kind, if any, arising from any use or exploitation of your User Submissions, and SPN will not be responsible for such obligations; (iii) your User Submissions do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party; (iv) neither your User Submissions, nor any of the other activities that you undertake on the Site, are or will at any time be: defamatory or disparaging of any individual or entity, unlawful, pornographic, obscene, threatening, vulgar, indecent, profane, hateful, sexually explicit or sexually suggestive, intended to bully or harass or stalk, or resulting in bullying, harassing, or stalking, racially or ethnically or culturally offensive, or otherwise objectionable or encouraging of criminal conduct, or giving rise, or potentially giving rise, to civil or criminal liability, or linking to infringing or unauthorized content, or transmitting unsolicited advertising materials, or intended to result in, or resulting in, any mental or physical distress or injury to any person, violative of any Applicable Laws or these Terms, or violative of any person’s publicity or privacy rights; and (v) your User Submissions are not intended by you to benefit any commercial enterprise associated with you or any third party. You agree to keep all records necessary to establish that your User Submissions do not violate any of the foregoing representations and warranties and to make such records available to SPN upon SPN's request.SPN is not responsible for any loss, theft or damage of any kind to any User Submissions. You acknowledge that SPN does not as a matter of its ordinary practice pre-screen any User Submissions submitted by you or other users of the Site but that SPN (and/or any of its authorized designees) has the right to and may pre-screen or review after initial submission any of the User Submissions for a variety of reasons, including, without limitation, for compliance with these Terms or Applicable Laws, or if otherwise desired or necessary, as determined by SPN in its sole discretion. SPN shall have the right in its sole discretion to refuse, remove, edit, or disable any of your User Submissions (and/or any other Site users' User Submissions) that violate these Terms or are otherwise objectionable, as determined by SPN in its sole discretion, as well as terminate your and/or any Site user's continued access to and/or other use of the Site (including, without limitation, access to and/or use of any of the Site Services, features or functionality available on or through the Site). SPN does not control or endorse any User Submissions, and any User Submissions submitted to the Site do not reflect the opinions, views or policies of SPN or any of its affiliates. SPN disclaims any and all liability in connection with any and all User Submissions, and you agree to waive any legal or equitable rights or remedies you may have against SPN or any of its affiliates with respect to such User Submissions.

If you remove or delete any of your User Submissions from the Site, that User Submission will be removed from the Site within a reasonable period of time. Nonetheless, a User Submission that you remove may still be available to third parties who previously acquired the link to that User Submission and SPN may maintain copies for archival purposes. SPN reserves the right to display advertisements in connection with your User Submissions and to use your User Submissions to advertise and promote your User Submissions or the Site (in whole or in part) or any of SPE’s products or services. You acknowledge and agree that you have no right or interest in any of the revenue generated from such advertisements. These provisions shall remain in full force and effect in perpetuity notwithstanding any termination of your use of the Site.

Users hereby acknowledge that certain content on the App is for use solely by responsible adults over the age of 18 or the age of consent in the jurisdiction from which it is being accessed, which would be evident from the CBFC certificate displayed. Such content may include graphic visual depictions and descriptions of activities that may NOT be accessed by anyone who has not attained the age of majority. Should users choose to access such adult content, users shall be making the following representations:

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE (AND ANY PORTION OF THE SITE) IS PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, SPN 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 SPN nor any of its affiliates make any warranties or representations about the accuracy or completeness of content available on or through the Site or the content of any Web sites, Personal Social Media or other Internet or mobile resources linked to the Site and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site (or any parts thereof); (iii) any unauthorized access to or use of SPE's secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site (or any parts thereof) by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any User Submissions and/or other Site content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or by means of the Site and/or otherwise through your or any other Site users' exercise of any rights under any of the Licenses granted by SPN herein. SPN reserves the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access to any portion of the Site (including, without limitation any of the Site Services).

LIMITATION OF LIABILITY

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL SPN 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 OR ANY PARTS THEREOF.

EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent SPN may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of SPE's liability shall be the minimum permitted under such applicable law.

INDEMNIFICATION

You agree to indemnify and hold harmless SPN 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 (i) any of your User Submissions; (ii) your exercise of any of your rights granted under the Licenses without your compliance with your responsibilities set forth in these Terms; (iii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these Terms; (iv) your violation of any person's intellectual property, privacy, publicity or other right; (v) 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 (in whole or in part); or (vi) your willful misconduct or the willful misconduct of anyone accessing the Site through your registered account, in connection with your (and/or such other person's) use of the Site (in whole or in part). SPN 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 SPN in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.

COPYRIGHT INFRINGEMENT NOTIFICATION; DESIGNATED COPYRIGHT AGENT

SPN respects the intellectual property rights of others. Upon proper notice, SPN will remove User Submissions (and any other Site content) that violate copyright law. 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, 1957 along with all the amendments made thereto and rules framed there under, SPN shall remove upon receiving written notification of claimed copyright infringement on the Site and for processing such claims in accordance with such law. If you believe a work 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: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the claimed infringing material and information reasonably sufficient to permit SPN to locate the material on the Site; (iii) information reasonably sufficient to permit SPN to contact you, such as an address, telephone number, and, if available, an e-mail address; (iv) 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; (v) 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 (vi) your physical signature.

Legal Department

Sony Pictures Networks India Private Limited

Interface Building No.7,

Off Malad Link Road,

Malad (W),

Mumbai- 400064

By submitting an Infringement Notification, you acknowledge and agree that SPN may forward your Infringement Notification and any related communications to any users who posted the material identified in such notice.

BINDING ARBITRATION

This Agreement shall be governed by and interpreted and construed in accordance with the laws of India, except with respect to choice of law principles.  All disputes arising in connection with this Agreement shall be finally settled under the Arbitration & Conciliation Act of 1996 by one or more arbitrators appointed in accordance with such Act.  The venue of the arbitration shall be Mumbai, India and the language of the arbitration shall be English.  The parties hereto undertake to keep the arbitration proceedings and all information, pleadings, documents, evidence and all matters relating thereto confidential.  Neither party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter has been submitted and decided by arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that the parties hereto shall be permitted to seek temporary or preliminary equitable relief in a court prior to the initiation or resolution of any arbitration proceeding hereunder. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.

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 SPN 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 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.

TERMINATION

You understand and agree that SPN may, in its sole discretion and at any time, terminate or temporarily suspend your rights under any of the Licenses and otherwise your access to the Site, 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 and/or any other information and data that you (and/or anyone else) may have provided to or by means of the Site, for any reason. SPN may also, in its sole discretion and at any time, discontinue the Site or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice. YOU UNDERSTAND AND AGREE THAT SPN MAY TAKE ANY ONE OR MORE OF THESE ACTIONS WITHOUT ANY NOTICE TO YOU, PRIOR OR OTHERWISE, AND YOU UNDERSTAND AND AGREE THAT NEITHER SPN 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 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. You may discontinue your access to, use or participation on or by means of the Site at any time.

INJUNCTIVE RELIEF

Notwithstanding anything to the contrary herein, you hereby irrevocably waive any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of any SPN or any SPN affiliate-related motion picture, production or project, or the use, publication or dissemination of any advertising or promotion in connection with such motion picture, production or project. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.

CHANGES IN SITE OWNERSHIP

You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Site, of any information about you contained in the applicable SPN database, to the extent SPN assigns its rights and obligations regarding such information in connection with a merger, acquisition, or sale of all or some of SPE's assets, or in connection with a merger, acquisition or sale of all or some assets related to a particular Site, to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the Site signifies your agreement to be bound by the terms of use and privacy statement of the Site's subsequent owner or operator. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.

SPECIAL RULES FOR LIV SERVICE

LIV SERVICE, REGISTRATION AND ACCESS TO USE The LIV Service is an online portal service providing its members with various contents by way of streaming over the Internet to the LIV Service ready devices which will include mobile and similar other handheld devices and by way mobile applications.

To be able to view certain premium content (“Premium Content”), you will be required to subscribe to any one subscription plan (“Plan”) of the LIV Service viz., daily plan, weekly plan or monthly plan to be able to access the services which shall be entitled to full fee flexibility, solely at the discretion of SPN.

To be able to view certain premium content (“Premium Content”), you will be required to subscribe to any one subscription plan (“Plan”) of the LIV Service viz., daily plan, weekly plan or monthly plan to be able to access the services which shall be entitled to full fee flexibility, solely at the discretion of SPN.

Non registered users can make subscriptions to access the Premium Content through the guest checkout method available (“Guest Checkout”). The User will be able to purchase as well as redeem through the process mobile verification. User will be asked for his mobile number which will be verified through a one-time password (OTP). Once verified the user will be able to purchase a subscription pack or watch such Premium Content upon a one-time transaction for a validity period of three (03) days. User can redeem this purchase on any other device supported by SonyLIV.

Access to use: 

To access the LIV Service, you will be asked to enter your individual user name and password, as chosen by you during your registration.

Access through a single account and Password being made available to multiple users on a network.

If SPN reasonably believes that an account and password is being used / misused in any manner, SPN 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 SPN immediately of any unauthorized use of your account or any other breach of security. SPN will not be liable for any loss that you may incur as a result of someone else using your password or account, however, you could be held liable for losses incurred by SPN or another party due to someone else using your account or password.

To be able to view any Premium Content, you will be asked to enter your user name and password after which you shall have to subscribe to any of the Plans as mentioned above and follow the payment procedure as prescribed here below.

Availability: The availability of contents to view through LIV Service will change from time to time at the sole discretion of SPN. 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. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.

Geographic Limitation: You may watch a video through the LIV Service only in geographic locations where SPN offers the LIV Service. The content that may be available to view will vary by geographic location. SPN may use technologies to verify your geographic location.

LIV Service streaming software: The LIV Service streaming software is developed and designed to enable only streaming of content from the LIV Service through the LIV Service ready devices. This software may vary by device and medium, and functionalities may also differ between devices. This software is licensed to you pursuant to these Terms and solely for the purpose of using the LIV Service and for no other purpose whatsoever. SPN does not warrant the performance of the software, including its continuing compatibility with the LIV Service. Any unauthorized use of the software is strictly prohibited and LIV Service reserves the right to not provide the software (including updates) to you at any time and to discontinue the ability to access the LIV Service through such software at any time, without prior or any notice. When you use a LIV ready device, you expressly represent that you have the express authority to use such device and be liable for any transaction conducted through such device on the Site. The LIV streaming software permits only streaming of the content available on the LIV services and restricts the download and storage of such content.

BILLING

We use third party payment gateways to process payments made to SPN. The third party payment gateway service provider will require certain financial information including your credit card / debit card or other banking information. Other than providing a confirmation upon receipt of payment against a membership account, SPN disclaims any and all liabilities in relation to your payment processing by such third party payment gateway service provider and the collection and processing of any information provided to party payment gateway service provider. While using such payment gateways to make payments to SPN, you will be required to accept the terms of use and privacy policies of such payment gateway service providers. We request you to please make yourself familiar with the terms of use and privacy policies of your respective payment gateway service provider before using such service. You agree and acknowledge that SPN 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 fraud. You can file / lodge any complaint related to payment transfer directly with the concerned third party payment gateway provider for redressal.

You may be required by the payment gateways to sign direct debit mandates to allow the amount owed by you to be debited directly from your bank account in accordance with the relevant regulations. You agree to keep such mandate in place until termination of your Subscription Plan and / or until all monies due to SPN have been paid in full (whichever is later in time). Failure to do the same shall bring forth the levy of a penalty.

Where Transaction Charges are based upon a currency other than Indian rupees, the exchange rate for the purposes of calculating the Service Fees will be based upon the exchange rates published by the payment gateway on the date when such Fees are calculated by the billing system. SPN disclaims any and all liabilities in relation to the exchange rate and your payment processing by such third party payment gateway service provider.

Payment for subscribing for you choice of Plan

By signing up for the LIV Service, you are expressly agreeing that SPN 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 LIV Service through any such payment method including but not limited to credit/debit card, net banking or other payment method accepted by SPN ("Payment Method") that you provided during registration. Android users can make subscriptions through such Payment Methods. IOS users, however, will have to make subscriptions through separate payment gateways (through in app purchases) and not by way of the Payment Method as described herein. If you want to use a different Payment Method than the one you signed up for during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on your account. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts. 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 membership and on each subsequent renewal automatically (as per the subscription plan chosen by You) unless and until You cancel your subscription or the subscription is otherwise suspended or discontinued pursuant to these Terms.” SPN will be automatically billing as per your Payment Method for each subscription period. To see the commencement date for your next renewal period, go to the billing information section on your account page. SPN shall request to bill your Payment Method for each subscription period on the calendar day corresponding to the commencement of your subscription. However, if you change your Payment Method or subscription plan, this could result in changing the calendar day upon which you are billed. If SPN changes the subscription fee or other charges for the LIV Service from time to time, SPN will give you an advance notice of these changes by email. However, SPN 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 subscription 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 SPN 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.

It is hereby agreed and acknowledged by the User that he shall have to pay a subscription fee to access and view even the Non- Premium Content in certain territories as decided by SPN at its sole discretion.

In order to sustain the LIV Service, it is important that you honor the payment obligations to which you have agreed. Accordingly, SPN reserves the right to pursue any amounts you fail to pay in connection with the LIV Service. You will remain liable to SPN for all such amounts and all costs incurred by SPN 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 SPN 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 SPN 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 fraud. You can file any complaint related to payment transfer at Site and the same forwarded to the concerned third party payment gateway provider for redressal. You may be offered a free trial period, deals, discounts and such other offers at the start of your membership of LIV Service, solely at the discretion of SPN. The duration and the terms of such free trial period, deals, discounts and such other offers shall be at the discretion of SPN and shall be specified during sign up. Free trials may not be combined with any other offer(s). Free trials will not be given in cases of renewal of membership or activation of another account from a physical address and/or email address and/or device which is linked to an already existing account, etc. Billing will automatically commence at the end the free trial period, without prior notice, as per the subscription plan chosen by you, unless you cancel your membership prior to the expiry of the free trial period. It is hence recommended that you keep track of your account, including the date when the free trial period ends. You may cancel your membership at anytime; however, there are no refunds or credits for partially used periods. It must be noted that subscription for LIV Services shall not provide as an entry into any contests or events of SPN.

 

SUBSCRIPTION MEMBERSHIP PLANS

 

NOTIFICATION OF CHANGES AND YOUR ACCEPTANCE OF THE PRIVACY POLICY

SPN reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms and Conditions in whole or in part, at any time. Changes to the Terms and Conditions will be effective when posted. You agree to review the Privacy Policy periodically to become aware of any changes. The use of the Site after any changes to the Privacy Policy are posted will be considered acceptance of those changes by you and will constitute your agreement to be bound thereby. If you object to any such changes, your sole recourse will be to stop using the Site.