Terms and Conditions
Terms and Conditions
Welcome to our Site. We maintain this web site as a service to our customers. By using our site, you are agreeing to comply with and be bound by the following Terms of Use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site, or review information or obtain goods or products from this site.
1) Acceptance of Agreement: You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. You hereby represent and warrant to the Company / Agency / Firm (hereinafter referred to as the “Company”) that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the Service of the site, they shall do so only with the involvement and guidance of their parents and / or legal guardians, under such Parent /Legal guardian’s registered account.
2) Copyright: The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 of the terms mentioned here, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
3) Trademarks: Products and names mentioned on the Site may be trademarks of their respective owners.
4) Limited Right to Use: The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, non-exclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
5) Editing, Deleting and Modification: We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
6) Indemnification: You agree to indemnify, defend and hold us and our company/subsidiary company, our Founder/s, Proprietor/s, Director/s, our Site’s Key Managerial Personnel (KMPs), and our partners, attorneys, staff, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
7) Nontransferable: Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.
8) Disclaimer and Limits: THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. WE DO NOT PROVIDE LEGAL ADVICE NOR ENTER INTO ANY ATTORNEY-CLIENT RELATIONSHIP. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.
9) Use of Information: We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us through the Site (collectively, the “Submission”) will forever be the property of Cine Mumbai. Cine Mumbai will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Cine Mumbai products, services or operations. Without limitation, Cine Mumbai will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Cine Mumbai will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Cine Mumbai, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
10) Third-Party Services: We may allow access to or advertise third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
11) Third-Party Merchant Policies: All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
12) Privacy Policy: Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
13) Payments: You represent and warrant that if you are purchasing something from us or from Merchants that (i) any bank/credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank/credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
14) Securities Laws: This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
15) Links to other Web Sites: The Site contains links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
16) Content submitted by users/authors: Certain elements of the Site will contain content submitted by users/authors. The views expressed in third party content are those of the user/ author and do not necessarily represent or reflect the views or policies of the Site, its owners, staff or partners. We also reserve the right and sole and absolute discretion to alter, delete or remove (without notice) the content without assigning any reason. The user / author will indemnify and hold us and our company/subsidiary company, our Founder/s, Proprietor/s, Director/s, our Site’s Key Managerial Personnel (KMPs), and our partners, attorneys, staff, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless against all third party claims, demands and actions brought against us which arises from or relates to the material submitted by you.
17) Grievance Redressal Mechanism: In the event you have any complaints or grievance in relation to any content uploaded on the Site, you may contact us at contact@cinemumbai.com
We request you to please provide the following information in your complaint:
a) Full name along with postal residential address, email ID and cell number.
b) Title & date / link of news report, article or content which is the subject matter of the complaint including identification of information provided by you.
c) Clear Statement as to whether the information is personal or sensitive personal information.
d) Specify what supporting documents, if any, are relied upon and attached.
e) A declaration that whatever information and/or documents are submitted with the complaint are true, complete and current in all respects and nothing therein is false.
f) A statement, under penalty of perjury, that the information in the Notice is accurate, and that the information being complained about belongs to you.
g) You may also contact us in case you have any questions/suggestions about the Privacy Policy using the contact information mentioned above.
The company shall not be responsible for any communication, if addressed, to any non-designated email or person in this regard.
Please note that complaint must be from someone personally and directly affected by the matter which forms the subject matter of the complaint. It must not be vexatious, trivial or argumentative.
18) Copyrights: We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information:
a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b) A description of the copyrighted work that you claim has been infringed;
c) A description of where the material that you claim is infringing is located on the Site;
d) Your address, telephone number, and email address;
e) 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; and
f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. For any complaints or claims of copyright infringement on the Site, you may contact us at contact@cinemumbai.com
19) Proposed Product and Service Offerings: All descriptions of proposed products and services are based on assumptions subject to change and you should not rely on the availability or functionality of products or services until they are actually offered through the Site. We reserve the right in its sole discretion to determine how registration and other promotions will be awarded. This determination includes, without limitation, the scope, nature and timing of all such awards.
20) Information and Press Releases / News Releases: The Site contains information and Press Releases / News Releases about us and others. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any Press Releases / News Releases. Information about individuals, products or companies other than ours contained in the Press Releases / News Releases or otherwise, should not be relied upon as being provided or endorsed by us.
21) No unlawful or prohibited use: You will not use our Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any of our server, or the network(s) connected to any of our server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or to any of the Services, through hacking, password mining or any other unlawful means.
22) Fair Dealing / Fair Use: This Site may contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available since we believe this constitutes a ‘fair dealing’ / ‘fair use’ of any such copyrighted material as provided for in section 52(1)(a) and (b) of The Copyright (Amendment) Act 2012 of Indian Copyright Law, and section 107 of the US Copyright Law. The material on this Site is distributed without profit for research and educational purposes. If you wish to use copyrighted material from this Site for purposes of your own that go beyond ‘fair dealing’ / ‘fair use’, you must obtain permission from the copyright owner.
23) Miscellaneous: This Agreement shall be treated as though it were executed and performed in Mumbai, India, and shall be governed by and construed in accordance with the laws of the State of Maharashtra (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8 and Section 10 of the terms mentioned here. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Mumbai, India. You expressly submit to the exclusive jurisdiction of said courts and consents to extraterritorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
24) Jurisdiction: The Privacy Policy as well as the Terms of Use of this Site shall be subject to exclusive jurisdiction of courts of Mumbai.