This website “www.ooltahchashmahplay.com” (“Site”) titled “Ooltah Chashmah Play”, is the property of and belongs to NEELA MEDIATECH PRIVATE LIMITED. By accessing, browsing, downloading and/ or using this Site, you agree and acknowledge that you have read, understood and agree to be bound by the following terms and conditions:
By accessing, browsing downloading and/ or using this Site you agree to be bound by and abide by the terms and conditions as stipulated herein and under which Our services are offered. You should not use any of the services offered by the Site in case any of the terms and conditions are not acceptable to you.
You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to represent and bind the other party to this Agreement, on whose behalf You may act. In an event you are not competent to enter into a legally binding agreement under the applicable laws, you must ensure appropriate permissions have been acquired from Your legal guardian.
This Agreement shall continue to be in full force and effect for so long as you are using the Site.
• IN CASE OF ANY DISPUTE/ISSUE REGARDING THE SITE OR THE SERVICES MADE AVAILABLE THROUGH IT, NEELA MEDIATECH PRIVATE LIMITED’S DECISION SHALL BE FINAL AND BINDING.
• IT SHALL BE YOUR RESPONSIBILITY TO CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. NEELA MEDIATECH PRIVATE LIMITED MAY REQUIRE YOU TO PROVIDE YOUR DIRECT OR INDIRECT CONSENT TO ANY UPDATE IN A SPECIFIED MANNER BEFORE FURTHER USE OF THE SITE. IF NO SUCH SEPARATE CONSENT IS SOUGHT, YOUR CONTINUED USE OF SITE, FOLLOWING SUCH CHANGES, WILL CONSTITUTE YOUR ACCEPTANCE OF THOSE CHANGES.
• NEELA MEDIATECH PRIVATE LIMITED RESERVES THE RIGHT TO WITHDRAW OR DISCONTINUE AND/OR TERMINATE THE SITE AT ANY STAGE WITHOUT PRIOR NOTICE AND WITHOUT ANY LIABILITY WHATSOEVER TO YOU.
•. Upon registration on the Site we have your consent to send show reminders through third-party tool(s) on the phone numbers and email ID shared by you.
• You agree and confirm to allow geolocation on the Site for tracking your device location to optimise your streaming experience basis your geo location.
• Any user who has been suspended or removed by NEELA MEDIATECH PRIVATE LIMITED from browsing, registering or using the Site for any reason whatsoever is prohibited from browsing, registering and using the Site again. You agree, confirm and undertake herein to not have more than one active registration on the Site. In order to complete the registration process and to use the Site, you may be asked to disclose certain direct or indirect personal information to NEELA MEDIATECH PRIVATE LIMITED.
• You agree to ensure that the information provided by you during the registration process is complete, accurate and up-to-date. All information submitted to the Site becomes the property of NEELA MEDIATECH PRIVATE LIMITED. Use of another user's/persons Information for registering and availing the services of the Site is expressly prohibited. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or NEELA MEDIATECH PRIVATE LIMITED has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NEELA MEDIATECH PRIVATE LIMITED has the right to suspend or terminate Your Account and refuse any and all current or future use of the Site.
• You expressly agree that NEELA MEDIATECH PRIVATE LIMITED does not have any fiduciary duty or relation with you in any manner whatsoever.
2. Intellectual Property Rights
• The Site, its selection and arrangement, including but not limited to all text, graphics, user interfaces, data, videos, comments, written posts, software, graphics, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Site is owned and controlled by NEELA MEDIATECH PRIVATE LIMITED and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
• NEELA MEDIATECH PRIVATE LIMITED reserves the right to change or modify the Content from time to time at its sole discretion. The trademarks, logos and service marks displayed on the Site including but not limited “Ooltah Chashmah Play” ("Marks") are the property of NEELA MEDIATECH PRIVATE LIMITED. You are not permitted to use the Marks without the prior consent of NEELA MEDIATECH PRIVATE LIMITED, or the third party, if any, that may own the Marks. Unless otherwise indicated, NEELA MEDIATECH PRIVATE LIMITED owns all intellectual property rights to and into the trademark "Ooltah Chashmah Play", and the Site, including, without limitation, any and all rights, title and interest in and to copyright, trade mark, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
• You agree confirm and acknowledge that You shall not hyperlink the Site to any other website without permission from us. Further, you may access information on the Site and download and print extracts from the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you by downloading or registering and you are expressly prohibited from using such materials for any commercial purpose unless agreed with us in writing.
• You agree not to access (or attempt to access) the Site or any of the services provided by the Site by any means other than through the interfaces that are provided by NEELA MEDIATECH PRIVATE LIMITED. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Site.
• The services may feature fictional credits, items, rewards, points, or the like (collectively, “Virtual Items”). The Virtual Items may be used exclusively within the Service. You receive only a limited, personal, non-transferrable, non-exclusive, non-sublicensable and non-assignable license to use the Virtual Items in connection with the Service and as governed by these Terms. You have no right, title, interest, or ownership in or to any Virtual Items. Virtual Items have no monetary value and are not redeemable for any sum of money. You will receive no compensation for any Virtual Items that are deleted, modified, or to which you lose access if your Account is terminated, suspended, or otherwise limited. NEELA MEDIATECH PRIVATE LIMITED has the absolute right to manage, regulate, control, modify, or eliminate Virtual Items as NEELA MEDIATECH PRIVATE LIMITED see fit in our sole discretion, and NEELA MEDIATECH PRIVATE LIMITED will have no liability to you or anyone else for the exercise of such rights. Any unauthorized transferring, trading, selling or exchanging of any Virtual Items to anyone, including other users of the Service, is strictly prohibited. NEELA MEDIATECH PRIVATE LIMITED may take action it deems appropriate in response, including deletion of the Virtual Items or termination or suspension of any Account involved. You acknowledge and agree that NEELA MEDIATECH PRIVATE LIMITED will have no liability for the use or loss of Virtual Items for any reason, including due to any unauthorized third-party activity, such as hacking, phishing, password mining, social engineering, or any other unauthorized activity. If NEELA MEDIATECH PRIVATE LIMITED revokes your license to Virtual Items, NEELA MEDIATECH PRIVATE LIMITED will not have any liability to you for any time spent by you on Virtual Items, any Virtual Items associated with your Account, or for any other reason whatsoever.
• You shall not (and shall not permit any third party to) conduct any unlawful activity on or through the Site, either (i) take any action or (ii) host, display, upload, modify, publish, transmit, update or share any information, including without limitation any User Content which:
• belongs to another person and to which the you do not have any right to;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
• harms minors in any way;
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;
• infringes any patent, trademark, copyright or other proprietary rights;
• contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• engage in any activity that interferes with or disrupts access to the Site (or the servers and networks which are connected to the Site);
• attempt to gain unauthorized access to any portion or feature of the Site, any other systems or networks connected to the Site, to any NEELA MEDIATECH PRIVATE LIMITED’s server, by hacking, password mining or any other illegitimate means;
• probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Site, or any other customer of NEELA MEDIATECH PRIVATE LIMITED, or exploit the Site or information made available or offered by or through the Site, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Site;
• disrupt or interfere with the security of, or otherwise cause harm to, NEELA MEDIATECH PRIVATE LIMITED’s Site, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites;
• use the Site or Content for any purpose that is unlawful or prohibited, or to solicit the performance of any illegal activity or other activity which infringes the rights of NEELA MEDIATECH PRIVATE LIMITED or other third parties;
• falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
• violate any applicable laws or regulations for the time being in force within or outside India;
• You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use the offering/benefits provided through the Site. You may incur access or data fees from third parties in connection with your use of the Site. You are responsible for all such fees.
• You are solely responsible for all charges from your wireless provider including any data and messaging fees that you may incur if you use any devices to interact with the Service or to receive communications from NEELA MEDIATECH PRIVATE LIMITED.
NEELA MEDIATECH PRIVATE LIMITED does not guarantee that the Site will be compatible with your device. NEELA MEDIATECH PRIVATE LIMITED may choose to make available updates, bug fixes, or other changes or enhancements to the Site from time to time; such updates may be automatic, at your election, or mandatory if you wish to continue using the Site, at NEELA MEDIATECH PRIVATE LIMITED discretion.
• NEELA MEDIATECH PRIVATE LIMITED is pleased to hear from its users and welcomes your comments regarding NEELA MEDIATECH PRIVATE LIMITED products and/ or services.
• However, NEELA MEDIATECH PRIVATE LIMITED’s long-standing company policy does not allow it to accept or consider creative ideas, suggestions or materials other than those it has specifically requested.
• We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by NEELA MEDIATECH PRIVATE LIMITED’s professional staff might seem to others to be similar to their own creative work.
• Accordingly, we must ask that you do not send us any original creative materials such as stories or character ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.
• If, despite our request you send us any creative materials, suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of NEELA MEDIATECH PRIVATE LIMITED.
• None of the Information shall be subject to any obligation of confidence on the part of NEELA MEDIATECH PRIVATE LIMITED and NEELA MEDIATECH PRIVATE LIMITED shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing, NEELA MEDIATECH PRIVATE LIMITED shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
• If you provide NEELA MEDIATECH PRIVATE LIMITED with any Information, you shall be deemed to have waived any rights, interest and ownership in the Information.
• The Site may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. Such Products may be made available by us or by third parties, and may be made available for any purpose, including general information purposes. The availability through the Site of any listing, description or image of a Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We make no representations as to the completeness, accuracy, reliability, validity or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Products (including the validity of any coupon or discount) is subject to change at any time without notice. It is your responsibility to ascertain and obey all applicable local, state, national and foreign laws (including minimum age requirements) regarding the possession, use and sale of any Product.
• THE SITE, CONTENT AND ANY THIRD-PARTY CONTENT ARE PROVIDED BY NEELA MEDIATECH PRIVATE LIMITED IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEELA MEDIATECH PRIVATE LIMITED MAKES NO WARRANTY THAT (I) THE SITE/CONTENT WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THE SITE WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE/CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE SITE/CONTENT WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE SITE/CONTENT WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEELA MEDIATECH PRIVATE LIMITED OR THROUGH THE CONTENT/SITE OR FROM USE OF THE SITE/CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
• TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEELA MEDIATECH PRIVATE LIMITED WILL HAVE NO LIABILITY RELATED TO THE SITE /CONTENT /USER CONTENT AND / OR THIRD-PARTY CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. NEELA MEDIATECH PRIVATE LIMITED ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF SITE /ANY CONTENT AND / OR THIRD-PARTY CONTENT.
• YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEELA MEDIATECH PRIVATE LIMITED SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY MANNER FOR: (1) FAILED, RETURNED OR MISDIRECTED NOTIFICATIONS BASED ON INACCURATE INFORMATION PROVIDED BY YOU THROUGH THE SITE; (2) ENTRIES AND/OR RESPONSES MADE BY YOU USING THE SITE OR FOR ANY LOSS OR DAMAGE TO YOU DUE TO ANY COMPUTER OR TECHNICAL ERROR OF ANY KIND; (3) ANY ELECTRONIC MISCOMMUNICATIONS, UTILITY OR COMMUNICATION FAILURES, TECHNICAL HARDWARE OR SITE CRASH OR SOFTWARE FAILURES OF ANY KIND, LOST OR UNAVAILABLE NETWORK CONNECTIONS, OR FAILED INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS WHICH MAY LIMIT AN YOUR ABILITY TO USE THE SITE AND/OR TO PARTICIPATE IN THE GAME(S) MADE AVAILABLE THROUGH THE SITE; (4) ANY TECHNICAL MALFUNCTIONS OF THE TELEPHONE NETWORK, COMPUTER ONLINE SYSTEM, COMPUTER EQUIPMENT, SOFTWARE, PROGRAM MALFUNCTIONS OR OTHER FAILURES, DELAYED COMPUTER TRANSACTIONS OR NETWORK CONNECTIONS THAT ARE HUMAN, MECHANICAL OR TECHNICAL IN NATURE, OR ANY COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO ENTRANT'S OR ANY OTHER PERSON'S COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM BROWSING/USING THE SITE.
The terms of this Agreement are governed by the laws of India without regard to its principles of conflicts of law, and regardless of your location. ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND NEELA MEDIATECH PRIVATE LIMITED, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by a single arbitrator to be appointed by NEELA MEDIATECH PRIVATE LIMITED, which You agree and confirm, and the Arbitration proceedings shall be in accordance with the rules of procedure laid down under The Arbitration and Conciliation Act 1996. The place of arbitration will be Mumbai and the language of the proceedings will be English unless the parties decide otherwise. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.