Term of Service :
Thank you for downloading the XL Cinema application for your mobile device (the "App"). The XL Cinema App is provided by Brajma Intelligent Systems Pvt Ltd. (BISPL), ("XL Cinema", "we" "us" or "our"). These terms of service (these "Terms of Service") govern your ("you" "your" or a "user") access to and use of the [XL Cinema.com] website and its subdomains (collectively, the "Website"), the App, software and all services provided by XL Cinema via the App and Website (collectively, the "Services"). XL Cinema enables you to purchase, download and play digital audio tracks in various languages for motion pictures and other types of video ("Audio Track Files") on your compatible mobile device. The App uses audio recognition and synchronization technology to seamlessly match a studio-quality dub in the user's preferred language to the theater or other loud speaker audio. PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND XL Cinema ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION (SEE SECTION 17 "AGREEMENT TO ARBITRATE").
Acceptance of Terms :
PLEASE REVIEW THESE TERMS OF SERVICE BEFORE USING THE APP OR ANY OF THE SERVICES, AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT. IF YOU ARE VIEWING THIS ON YOUR MOBILE DEVICE, YOU CAN ALSO VIEW THESE TERMS OF SERVICE VIA A WEB BROWSER AT HTTP://WWW.XLCINEMA.COM/ TERMSOFSERVICE.HTML IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN DO NOT USE THE APP OR OUR SERVICES. BY USING OUR APP OR ANY OF OUR SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND HEREBY INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF SERVICE. We reserve the right to change these Terms of Service from time to time for any reason, which shall be effected by posting of the updated Terms of Service to our Website; provided that any such changes shall only apply to your use of the App and other Services after the date of such change, unless you expressly accept retroactive application of such changes, via a click-through or signed agreement or otherwise.
Scope of Service :
We may alter, suspend, or discontinue our Services in whole or in part, at any time and for any reason, without notice. The Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. In order to use the Services, you must have a compatible mobile device enabled with our App. In using our App and other Services, your mobile carrier's normal rates and charges apply. We are not responsible for any charges you incur from your mobile carrier as a result of use of the Services. You are responsible for ensuring that at all times while using the Service you are not in violation of your wireless data service agreement.
XL Cinema Content :
Online Store Account. Audio Track Files and other content as made available by XL Cinema ("XL Cinema Content") may be purchased through the App in connection with your iTunes account or Google Play account or such other account as we may permit from time to time (each an "Online Store Account") as applicable for your particular mobile device.
XL Cinema Content License : When you purchase a right to use XL Cinema Content, subject to the terms and conditions of these Terms of Service, XL Cinema grants you a limited, revocable, non-exclusive, non-sub licensable license to download or stream such XL Cinema Content for a single viewing unless multiple use license or subscription terms suggest otherwise of the applicable motion picture or other video content to a single mobile device solely for your personal, non-commercial use, through headphones. The foregoing license grant is not a sale of XL Cinema Content or a sale of a copy of XL Cinema Content, and XL Cinema and our partners and licensors retain all rights and interest in the XL Cinema Content. You will not own the XL Cinema Content; your rights will be limited to the foregoing license regardless of the use of the word "purchase" or "sale". You agree to not otherwise copy, reproduce, distribute or use the XL Cinema Content other than as expressly set forth herein. You will not sell, transfer, lease, modify, distribute or publicly perform the XL Cinema Content in any manner and you will not exploit it commercially. You agree to not modify, circumvent any anti-copying features (including without limitation Watermarks), reformat or disassemble any Audio Track Files, or otherwise tamper with or modify any XL Cinema Content or create any derivative works therefrom. We may remove any XL Cinema Content from your copy of the App at any time following the completion of the applicable motion picture or other video content.
Other Content : Subject to these Terms of Service and any other agreement between you and XL Cinema, XL Cinema hereby grants to you a personal, non-exclusive, non-sub licensable right and license to access and use the Services, and all Content other than XL Cinema Content (which is subject to the license above) therein, solely within the scope of your status as a user of our Services. The term "Content" means all information, text, images, data, links, or other material posted on the sections of our Services that are (i) publicly available and (ii) which you have the right to access, whether created by us or provided by a third party for display on our Services.
Watermarking : We may add a digital watermark ("Watermark") to any Audio Track Files that we make available to you through our App. You understand and agree that any Watermark will identify your individual copy of the Audio Track File. You understand that we may track Audio Track Files through their Watermarks. If you use any Audio Track File other than in accordance with these Terms of Service, we may trace any copies of the Audio Track File to you, and you understand that your use of such Audio Track Files could expose you to legal claims.
Pricing : With respect to all XL Cinema Content purchases, except where noted otherwise, any list price will be set forth on the Services. Prices are subject to change at any time in XL Cinema's sole discretion.
Delivery of XL Cinema Content : All XL Cinema Content you purchased will be delivered to your Online Store Account for download for use with the App on your mobile device.
Risk of Loss : Once we have made XL Cinema Content available to you, you will bear the risk of loss for completing any download of XL Cinema Content after purchase and for any loss of XL Cinema Content you have downloaded, including any loss due to a file corruption or a device or hard drive crash. Until you first download the purchased XL Cinema Content, such XL Cinema Content will generally continue to be available for your one-time use but may become unavailable due to possible content provider licensing restrictions or other reasons, and XL Cinema will not be liable to you if XL Cinema Content becomes unavailable for further download. You will not receive a full or partial refund of any fees already paid in such situations. Accordingly, we encourage you to download XL Cinema Content promptly after purchase and use promptly after purchase. XL Cinema will post tentative expiration dates for the audio content and reserves the right to change the expiration date at its discretion. If audio is not used by expiration date it will be deleted and lost.
Payments : You must have a valid payment instrument on file in your Online Store Account in order to purchase XL Cinema Content. If you are using your Online Store Account to access the XL Cinema Service, your default payment instrument will be the default payment instrument you use for purchases through your Online Store Account. If you want to designate a different payment instrument, you must change your authorized payment instrument through your applicable Online Store Account.
No Framing : Nothing contained on our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services or any XL Cinema Content or other Content available for playing, performance, or display on our Services, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service : or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material played, performed or disp
License to Use the App :
Subject to your compliance with all the terms and conditions of these Terms of Service, XL Cinema grants you a limited, nonexclusive, revocable license to install and use the App on a compatible mobile device for your personal, non-commercial purposes, in each case, solely in the manner enabled by XL Cinema. In connection with using the App, you may access and use our demos of XL Cinema Content working with the App on our Website. Your license to use the App is automatically revoked if you violate these Terms of Service. Any use of the App other than for private, non-commercial use is strictly prohibited. From time to time, we may issue upgraded versions of the App. You agree that these Terms of Service will apply to all such upgrades. The foregoing license grant is not a sale of the App or a sale of a copy of the App, and XL Cinema and our partners and suppliers retain all rights and interest in the App. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms of Service, is void. We reserve all rights not expressly granted under these Terms of Service.
Reviews,Comments,Communications,and Other Content :
Reviews : We may permit users of our Services to post reviews, comments and other content; send messages and other communications; and submit suggestions, ideas, comments, questions, or other information. If you do post content or submit any material to us, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. XL Cinema has no obligation to keep any unsolicited ideas confidential may use or redistribute unsolicited ideas for any purpose and in any way. You grant XL Cinema and its sub licensees the right to use the name that you submit in connection with such content, if we choose to do so. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity. We reserve the right (but not the obligation) to monitor and edit or remove any activity or content. XL Cinema takes no responsibility and assumes no liability for any content posted by you or any third party.
Acknowledgement to Receive Email and Push Notifications. As a user of XL Cinema, you agree to receive emails from us regarding our Services. We may from time to time send you push notifications or email messages with information about upcoming events, or information about our service offerings from us and our partners. You may opt-out from receiving our newsletter by emailing email@example.com or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.
Prohibited Conduct :
As a condition of your use of the App, you will not use the App or Services for any purpose that is unlawful or prohibited by these Terms of Service. You may not use the App or Services in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party's use of the App or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the App and Services. You agree not, and will not permit any person or entity to: (i) use, or allow the use of, the Services for any unfair or deceptive practices or in contravention of any federal, state, local, foreign, or other applicable law, or rules and regulations of regulatory or administrative organizations; (ii) act in a fraudulent, tortious, malicious, or negligent manner when using the App or Services; (iii) obtain unauthorized access to any computer system through our Services or the App; (iv) introduce viruses, worms, Trojan horses and/or harmful code to the App or the Services; and (v) use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the Service, Audio Track Files or other Content. You may not use any proxy server or other geo-filtering circumvention service together with our App. You may not remove any Watermark. XL Cinema reserves the right, without prior notice and in its sole discretion, to decide whether your use of the App or Services violate these Terms of Service for any of the above reasons or for any other reason, and if XL Cinema does so, and/or terminate your access to any Services and license to use the App.
By using our Services, you agree to indemnify, hold harmless and defend XL Cinema and its officers, directors, employees and agents from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorney's fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of the Services.
Intellectual Property Rights :
You agree and acknowledge that the structure, organization, and code used in conjunction with our Services are proprietary to XL Cinema and the XL Cinema Content is proprietary to XL Cinema or its licensors. You shall not, and shall not permit any person or entity to: (i) use our Services or any Services on a service bureau, time sharing or any similar basis, or for the benefit of any other person or entity; (ii) alter, enhance, or make derivative works of the Services; or (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from, our Services or any software component of the XL Cinema Services. You shall not sell, transfer, publish, disclose, display or otherwise make available the XL Cinema Services including any modifications, enhancements, derivatives, and other software and materials provided hereunder by XL Cinema or copies thereof to others in violation of these Terms of Service. Unless otherwise noted, all XL Cinema Content, and other Content contained on the Services is the property of XL Cinema and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners. You are responsible for any use of any XL Cinema Content using any device activated with your phone number, even if a third party uses your device.
Copyright Infringement :
If you believe that any materials on our Services infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its Website location or location in the App or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that "under penalty of perjury," you declare that you are the lawful copyright owner or are authorized to act on the owner's behalf. Our agent for copyright issues relating to our Services or our Services is: Copyright Agent, C1/903, Exotica, Golf Course Road, Gurgaon, Haryana 122001 or firstname.lastname@example.org. In an effort to protect the rights of copyright owners, we reserve the right to suspend your ability to use the Services, delete or disable content alleged to be infringing and/or terminate your ability to use the Services.
Links to Third-Party Websites :
Providers of Third Party Platforms :
You hereby acknowledge and agree that Apple, Inc. and Google Inc.: (i) are not a party to these Terms of Service; (ii) have no obligation whatsoever to furnish any maintenance or support services with respect to the App or the other Services; (iii) are not responsible for addressing claims by you or any third party relating to the App or the other Services, including any product liability claims, claims under consumer protection laws or claims under any other law, rule or regulation; and (iv) have no responsibility to investigate, defend, settle or discharge any claim that the App or the other Services or use thereof infringes any third party intellectual property rights.
Under no circumstances will we be liable for any loss or damage caused by your reliance on information in any XL Cinema Content, other Content, information provided by a user or by your use of our Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through our Services. You are responsible for seeking the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. THE APP, THE SERVICES, ALL CONTENT, XL Cinema CONTENT, TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, XL Cinema DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON OUR SERVICES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND TRANSMITTING XL Cinema CONTENT) PROVIDED BY THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SERVICES OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER XL Cinema NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT BETWEEN USERS AND BETWEEN USERS AND THIRD PARTY PLATFORMS. XL Cinema AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
Limitation of Liability :
Disclaimer : IN NO EVENT SHALL XL Cinema BE LIABLE TO YOU, ANY OTHER USER OF OUR SERVICES, PROVIDERS OF THIRD PARTY PLATFORMS OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE SERVICES, XL Cinema CONTENT, CONTENT OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Limitation : XL Cinema'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS OF SERVICE, CUMULATIVELY BETWEEN YOU AND XL Cinema , SHALL NOT EXCEED THE GREATER OF (I) INR 50.00 OR (II) THE AGGREGATE AMOUNT YOU HAVE PAID TO XL Cinema FOR THE SERVICES, IF ANY, IN THE THEN-PRIOR TWELVE (12) MONTH PERIOD.
Exclusions : 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 MAY NOT APPLY TO YOU.
Jurisdictional Issues :
Modifying and Terminating Service :
We may terminate your access to our Services, in our sole discretion, for any reason and at any time, including without limitation if you use any copyrighted materials using our App without authorization, which shall be effective as of the time we effect the de-activation of your access to the Services. You agree that we are not liable to you or any third party for any termination of your access to our Services. We may change and update the Services from time to time. We may add or remove features, and as appropriate give you advance notice about any major changes, you understand that we may stop, suspend, or change the Services at any time without prior notice.
Governing Law :
Dispute Resolution. These Terms of Service shall be governed by the laws of the State of New Delhi, INDIA, excluding: its conflicts of laws principles; the United Nations Convention on Contracts for the International Sale of Goods; the 1974 Convention on the Limitation Period in the International Sale of Goods; and the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. Subject to Section 17, we and you each consent to the exclusive jurisdiction of the federal and state courts located in New Delhi, India.
Agreement to Arbitrate :
You may not assign or transfer your rights or obligations under these Terms of Service in whole or in part to any third party without the consent of XL Cinema. These Terms of Service shall bind and inure to the benefit of the parties to these Terms of Service and their respective successors, permitted transferees, and permitted assigns. XL Cinema and you are independent contractors and are not partners, joint ventures, agents, employees or representatives of the other party. These Terms of Service contain the entire understanding of the parties with respect to the transactions and matters contemplated hereby, supersedes all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by XL Cinema, and cannot be amended except by a writing signed by both parties or by XL Cinema's posting of an amended version of these Terms of Service on its App. The headings and captions used in these Terms of Service are used for convenience only and are not to be considered in construing or interpreting these Terms of Service. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. If the prohibition against class actions and other claims brought on behalf of third parties contained in Section 17 above is found to be unenforceable, then all of the preceding language in the Arbitration section will be null and void. You agree and acknowledge that each studio that supplies Audio Track Files or any content or rights relating to any Audio Track Files shall be an intended third party beneficiary of these Terms of Service. You further agree that you shall have no legal, equitable or other recourse against such studios or their affiliates in connection with these Terms of Service.
XL Cinema Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use our Services only in conjunction with and under the supervision of a parent. In this case, the parent is responsible for any and all activities of such minor.
Additional Information :
If you have any questions about these Terms of Service, please contact us at C1/903, Exotica, Golf Course Road, Gurgaon, Haryana 122001 or via www.xlcinema.com. Copyright © 2017, XL Cinema/BISPL, All Rights Reserved.