Terms of Service

Last update on 1st November, 2022

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This is a legal and binding agreement between you, the user ("User" or "You") of the Services, as defined below, B Cine Entertainments Private Limited (“Bcineet”, “Us”, “We”, “Our” or “Company”, which includes its successors or assigns). respectively and any other terms which govern the Site (together referred to as "Terms of Use" or "Terms" or "Terms and Conditions") These terms should be read along with Bcineet Privacy Policy, and all applicable laws, rules, regulations and guidelines governing this document (collectively, this "Agreement"). And if you do not agree to these terms of use, you are not entitled to avail of / use the services and any use thereafter shall be unauthorized .

Welcome to the terms of use (“Terms”) for the Bcineet Website (“Bcineet”, “Website”, available at: https://bcineet.com ) and the App titled “ Bcineet ” (as defined below). B Cine Entertainments Private Limited (“Bcineet”, “Us”, “We”, “Our” or “Company”, which includes its successors or assigns) is the owner of Bcineet and the App and provides You (as defined below) and its other Authorized Users (as defined below) with a personalized content viewing experience through Bcineet and the App (as defined below).

1. Intro

These Terms of Use / Terms and Conditions (“Terms”) govern your access to and your use of our services, including our websites, SMS, Application Programming Interface (API), Email notifications, Applications, buttons, widgets, ads, Mobile applications, features, technologies and software and our other related and covered services as well. Brands under Bcineet include  but not limited to Bcineet, and any other Brand launched.  The content offered through https://bcineet.com/ and/or the Bcineet application is available on Android ( Android Mobile, Android TV, Smart TV ), IOS ( ios Mobile ), Firetv Stick and 'Bcineet' social media presence (including but not limited to Twitter, Facebook, Instagram, etc) (“Bcineet site/app/platform”) or any mobile or internet connected device or otherwise and any services offered by the Company (collectively, the “Service”).

“User” or “You” means any person who accesses or avails this Service of the Company for the purpose of hosting, publishing, sharing, transacting, displaying, interacting, considering or uploading information or views and includes other persons jointly participating in using the site/app/platform or service of the company.

Bcineet and You shall be individually referred as ‘Party’ and collectively as ‘Parties’

Collectively, we refer to the Terms and Conditions, and/or Terms of Use along with any details you have provided by way of any content, information, application form and related applicable process as the “Agreement”. The agreement is a binding contract between You and Company regarding your use of Bcineet site/app/platform.

Agreement Acceptance 

You accept this agreement by clicking "Agree" where you are given the option to do so. If you do not accept the terms of this agreement, you may not use the Bcineet site/app/platform. By accepting this agreement, you confirm that you are able to form a legally binding contract. If you are accepting this agreement  on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to bind that company or legal entity by the terms of this agreement. By accessing Bcineet site/app/platform or using the service, you agree to be bound by these terms. Therefore, these terms are to be read carefully before continuing to use the service. If you do not agree with any of these terms,please do not use the site/app/platform or service. You also acknowledge and agree that we can modify this agreement at anytime,in our sole discretion; that all modifications to this agreement will be effective immediately upon our posting of the modifications on this Bcineet site/app/platform; and that you will review this agreement each time you access this Bcineet site/app/platform, so that you are aware of and agree to any and all modifications made to this agreement. Your use of the Bcineet site/app/platform after any amendment to the terms of use shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions. Supplemental terms may apply to certain services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable services. Supplemental terms are in addition to, and shall be deemed a part of, the terms for the purposes of the applicable services. Supplemental terms shall prevail over these terms in the event of a conflict with respect to the applicable services.

2. Warning

This Bcineet site/app/platform is provided on an “as is” and “where-is” basis, without any warranty. Bcineet, for itself and any third party providing materials, services, or content to this Site/App/Platform, makes no representations or warranties, either express, implied, statutory or otherwise of merchantability, fitness for a particular purpose, or non-infringement of third party rights, with respect to Bcineet site/app/platform, the information or any products or services to which the information refers. Bcineet or its affiliates including the directors, officers, employees or agents will not be liable to you or any third party for any damages of any kind, including but not limited to, direct, indirect, incidental, consequential or punitive damages, arising from or connected with Bcineet site/app/platform, including but not limited to, your use of this site/app/platform or your inability to use the site/app/platform, even if Bcineet has previously been advised of the possibility of such damages.

You expressly agrees that you shall not, during the course of this agreement, nor at any time thereafter, unless authorized in writing by the company, make or publish any statement or make any writings or remark or comment or other expressions, either orally or in writing or in any manner or in any medium whatsoever, which is intended to or would, or could be construed to, or which reasonably may be expected to injure, discredit, prejudice, criticize, embarrass, disparage, besmirch, demean, deprecate, impugn, defame or otherwise (a) the Company; or (b) the shareholders, officers or directors of the Company; or (c) Company's affiliates, employees, agents, operations, or plans; likewise and/or Company's business, reputation, method of doing business, relationships with its customers or suppliers or any other related party or their respective products or services or relations with creditors, regardless of whether such action by you would constitute a cause of action for the above. Nor shall you assist any other person, firm or company in so doing. You further agrees that you will not commit damage to the property of the company and its affiliates, or otherwise engage in any misconduct, which is injurious to the business or reputation of the company and its affiliates.

3. License

Subject to your compliance with this agreement’s terms, the company grants you a non-exclusive, non-transferable license to use Bcineet site/app/platform, including features that includes but not limited to allows you to discover, watch and share videos and other content, provides a forum for people to connect, inform, and inspire others across the globe, and acts as a distribution platform for original content creators and advertisers large and small. By providing content (defined below) to Bcineet site/app/platform, you grant to Bcineet a worldwide, exclusive, non-exclusive, royalty-free, transferable, sublicensable license to use that content (including to reproduce, distribute, prepare derivative works, display and perform it). Bcineet site/app/platform may only use that content in connection with the service and Bcineet site/app/platform’s (and its successors and affiliates) business, including for the purpose of promoting and redistributing part or all of the service.

License to Bcineet Users and Customers

You also grant each other user of the service and Bcineet site/app/platform a worldwide, exclusive, non-exclusive, royalty-free license to access your content through the service and Bcineet site/app/platform, and to use that content, including to reproduce, distribute, prepare derivative works, display and perform it, only as enabled by a feature of the Service and Bcineet site/app/platform (such as video playback or embeds). This license does not grant any rights or permissions for a user to make use of your content independent of the Service.

Duration of License

The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your content from the service. You understand and agree, however, that Bcineet site/app/platform may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.

4. Access to Registration and it's Use

All information received by us from your registration on our Bcineet site/app/platform will be used by Bcineet in accordance with our Terms of Use. We expect you to provide accurate and complete information of the compulsory fields. We also expect you to keep the information secure, specifically access passwords and payment information. Kindly update the information periodically to keep your account relevant. We will rely on any information which you provide to us. Therefore, you are responsible for the use of Service made by you or anyone else using your ID and for preventing unauthorized use of your ID. It is your responsibility that the user of Bcineet site/app/platform at all times uses the username and password appropriately. If you believe there has been any breach of security such as the disclosure, theft or unauthorized use of your ID or any payment information, you must notify Bcineet immediately by contact details below.

You may use the services only if you agree to form a binding contract with Bcineet and are not a person barred from receiving services under the laws of the applicable jurisdiction. If you are accepting these terms and using the services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

5. Fairy Note to User

Bcineet undertakes to act in good faith with respect to each other’s rights under these terms and to adopt all reasonable measures to ensure the realization of the objectives of the same. You hereby represent and warrant that you 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 Company, they shall do so only with the full responsibility and involvement & guidance of their parents and / or legal guardians, under such parent / legal guardian’s registered account.

If you are using the service on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this agreement.

6. Account Maintenance

You must ensure that all information you provide in connection with establishing your Bcineet site/app/platform account is accurate when you provide it, and you must keep it up to date as long as you use the Bcineet site/app/platform. You may maintain only one account at a time unless you are using multiple accounts solely for the purpose of delivery of the content for which you hold legal rights. You will not use false identities or impersonate any other person or use a username or password you are not authorized to use. You authorize us, directly or through third parties, to make any inquiries as appropriate to verify the account information you provide. You also consent to us sending you emails relating to the Bcineet site/app/platform and other publishing opportunities from time to time. You are solely responsible for safeguarding and maintaining the confidentiality of your account username and password and are responsible for all activities that occur under your account, whether or not you have authorized the activities. You may not permit any third party to use the Bcineet site/app/platform through your account and will not use the account of any third party. You agree to immediately notify Bcineet of any unauthorized use of your username, password or account.

7. Term

This agreement commences upon your acceptance of it and continues in perpetuity until terminated as set forth in this agreement (the "Term"). All rights granted to Bcineet site/app/platform herein shall not be deemed to have lapsed at any time in accordance with the applicable law of the India, including for the avoidance of doubt, as applicable laws including but not limited to the Indian Copyright Act, 1957.

We may terminate this agreement by providing notice to you at any time. You may terminate this agreement at any time by providing notice of termination to us, in which event we will cease offering your content within thirty (30) days from the date that we receive notice of termination; {provided that if you distribute free content , (a) the Term of the Agreement with respect to free access will commence upon your acceptance of this Agreement and continue for eighteen (18) months from the date that your subscription launches on the service (the "Initial Subscription Term") and (b) the Initial Subscription Term will automatically extend for successive periods of twelve (12) months each unless and until terminated by either party by provision of notice of termination to the other party given not later than ninety (90) days prior to the conclusion of the then-current term.}

8. Content In the Bcineet Site/App/Platform(S).

The content on the service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials (collectively, "Content”). Content is the responsibility of the person or entity that provides it to the Bcineet site/app/platform.

You are responsible for the Content and /or your use of the Service and for any information, time entry, location, text, links, graphics, photos, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the services that you provide, including compliance with applicable laws, rules, and regulations. You should only provide content that you are comfortable sharing with others.

Any use or reliance on any content or materials posted via the services or obtained by you through the services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the services or endorses any opinions expressed via the services. You understand that by using the services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All content is the sole responsibility of the person who originated such content. We may not monitor or control the content posted via the services and, we cannot take responsibility for such content.

9. Not to Do

As a condition precedent of the use of the Bcineet site/app/platform, the User warrants that they will not use the Bcineet site/app/platform for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this agreement including both specific and implied. This includes:

• Redistribute or Sell any part of Bcineet site/app/platform(s) or create a new product or service based on Bcineet site/app/platform;

• Copy the content; • Mass download or create bulk feeds of the content (or let anyone else do so);

• Use Bcineet site/app/platform(s) to create or augment any other mapping- related dataset (including a mapping or navigation dataset, business listings database, mailing list, social media, or telemarketing list) for use in a service that is a substitute for, or a substantially similar service to, Bcineet site/app/platform(s);

• Reverse engineer or attempt to extract the source code from Bcineet site/app/platform(s) or any related software, except to the extent that this restriction is expressly prohibited by applicable law;

• Remove, obscure, or alter any terms of service or any links to or notices of those terms, or any copyright, trademark, or other proprietary rights notices; or

• Do anything inappropriate, illegal, or in violation of others rights (including their privacy, publicity, and intellectual property rights)

In addition, the Bcineet site/app/platform shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party’s use and/or enjoyment of the Bcineet site/app/platform. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Bcineet site/app/platform.

10. Use of your Info

Please also refer to our Terms of Use. Amongst many things Bcineet site/app/platform may contain services such as location detection and tracking, speed detection and tracking, visitor identification, email, chat, information related to recommendations, communities, personal web pages, calendars, and/or other messages and such Services. The User agrees and undertakes to use the Bcineet site/app/platform services only to post, send and receive messages and material that are proper and related to the particular Bcineet site/app/platform service. By way of example, and not as a limitation, the User agrees and undertakes that when using a Bcineet site/app/platform service, the User will not:

• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;

• upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or have received all necessary consents;

• upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Bcineet site/app/platform or another’s computer;

• advertise or offer to sell or buy any goods or services for any business purpose, unless such Bcineet site/app/platform service specifically allows such messages;

• conduct or forward surveys, contests, pyramid schemes or chain letters;

• download any file posted by another user of a Bcineet site/app/platform service that the User know, or reasonably should know, cannot be legally distributed in such manner;

• 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 code of conduct or other guidelines, which may be applicable for or to any particular Bcineet site/app/platform service;

• violate any applicable laws or regulations for the time being in force in or outside India; and

• violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Bcineet site/app/platform contained elsewhere.

Bcineet has no obligation to monitor the Bcineet site/app/platform and services. However, Bcineet reserves the right to review materials posted through Bcineet site/app/platform service and to remove any materials in its sole discretion. Bcineet reserves the right to terminate the User’s access to any or all of the Bcineet site/app/platform services at any time without notice for any reason whatsoever.

Bcineet reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Bcineet sole discretion.

Bcineet does not control or endorse the content, messages or information found in any Bcineet site/app/platform and / or service and, therefore, Bcineet specifically disclaims any liability or responsibility whatsoever with regard to the Bcineet site/app/platform services and any actions resulting from the User’s participation in any Bcineet site/app/platform service.

Materials uploaded to the Bcineet site/app/platform may be subject to posted limitations on usage, reproduction and/or dissemination. The User is responsible for keeping himself/herself updated of and adhering to such limitations if they download the materials.

11. Using the Services

You may use the services only in compliance with these terms and all applicable laws, rules and regulations. Our services evolve constantly. As such, the services can change from time to time, at our discretion. We can stop (permanently or temporarily) providing the services or any features within the services to ‘You’ or to Users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any content on the services, suspend or terminate users, and reclaim usernames without liability to you. In consideration for Bcineet granting you access to and use of the services, you agree that Bcineet and its third-party providers and partners may place advertising on the services or in connection with the display of content or information from the services whether submitted by you or others. You also agree not to misuse our services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the services, Bcineet computer systems, or the technical delivery systems of Bcineet providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Bcineet (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement. (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the services. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to satisfy any applicable law, regulation, legal process or governmental request to:

Enforce the terms, including investigation of potential violations hereof, Detect, Prevent, or otherwise address fraud, security or technical issues, Respond to user support requests, or Protect the rights, property or safety of Bcineet and its users and the public.

The hardware’s installed by Bcineet , Bcineet is not responsible if the hardware’s falls or breaks on any one (causes any form of damage) ,user have to ensure that they take care and ensure safety ,where the hardware’s has been installed , including any electrical wire / connections or arrangements made to run the hardware’s. Your use of the Bcineet site/app/platform or service will expire on a pre-determined that is available upon request. The company reserves the right to terminate your use of the Bcineet site/app/platform or service at any given point in time if we determine that you have violated any provision of this Agreement.

12. Use of Services

Although it has taken what it believes to be commercially reasonable efforts to design Bcineet site/app/platform features, to the extent permitted by law, Bcineet makes no warranties, express or implied, about the operation, performance, availability or results of the Bcineet site/app/platform service, including (without limitation) that the features will successfully provide any service. Company is not liable for the actions or inactions of any user or any other third party.

Users might be provided with an identification number, username and related details which they will be required to use on each visit to Bcineet site/app/platform. The card remains the property of the company. In the event that you lose such details, a replacement will be made available by paying a replacement fee charge. The identification number, username and related details may only be used by the person to whom, it has been issued. On your first visit and/or issuance of the identification number, username and related details, you will be required to have personal details and complete the relevant registration process so we can identify that only the holder of the identification number, username and related details is accessing the facilities amongst other things. This is to safeguard all our members in relation to health and safely, and ensure only those members paying for a membership subscription are being allowed access. We will store the details in accordance with our Terms of Use. Your personal details will not be used in any other way other than for identification purposes. We expect You to behave in a considerate manner and will not accept any aggressive behavior towards other users or our colleagues. Your identification number, username and related details is non-transferable, and may only be used by whose name is associated with the identification number, username and related details.

13. Geographic Coverage

The service is designed for users residing in India as well as other parts of the world  but may not be extended to other parts of the world especially the remote areas where there is no mobile network, location and internet services available.

14. Representation and Warranties

You hereby represent and warrant that (i) you have the sole, full and unencumbered right to grant to Bcineet site/app/platform and its affiliates, and have obtained all necessary clearances and releases to grant to Bcineet site/app/platform and its affiliates, all of the rights set forth herein (excluding public performance rights for the communication to the public of the musical compositions contained within the Titles, such rights to be cleared by Bcineet site/app/platform), (ii) any information and documentation you provide to us will be current, complete, and accurate (iii) the content, delivery materials and promotional materials will not contain any subject matter or materials that are defamatory, libelous, obscene, or otherwise illegal under the applicable laws of the India and (iv) none of the following will violate any law; require us to obtain any license, authorization, or other permission from any governmental agency or other third party; contain any defamatory material; or violate or infringe any intellectual property, proprietary, or other rights of any person or entity (including contractual rights, copyrights, trademarks, patents, trade dress, trade secret, common law rights, rights of publicity, or privacy, or moral rights): (a) the exercise of any rights granted under this agreement; (b) any materials embodied in your content; (c) the sale, distribution, or promotion of the content as authorized in this agreement; or (d) any notices, instructions or advertising by you for or in connection with any content. You further represent and warrant that you are not subject to sanctions or designated on any list of prohibited or restricted parties (and is not owned or controlled by such a party).

15. User’s Rights

By submitting, posting or displaying content on or through the services, you grant us a worldwide, exclusive, non- exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any distribution methods (now known or later developed). This license authorizes us to make your content available to the rest of the world and to let others do the same. You agree that this license includes the right for Bcineet to provide, promote, and improve the services and to make content submitted to or through the services available to other companies, organizations or individuals for the syndication, broadcast distribution, promotion or publication of such content on other media and services, subject to our terms and conditions for such content use. Such additional uses by Bcineet, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the content that you submit, post, transmit or otherwise make available through the services.

You understand that we can modify or adapt your content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your content in order to adapt the content to different media. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content that you submit.

16. General Description of the Service; 

Distribution Modes:

Content Provider, in its sole option, may allow others to access content in the following ways: (a) purchase a license to access digital copies of audio visual content for electronic delivery and repeated viewing over an indefinite period of time ("Digital Purchase"); (b) purchase a license to access digital copies of audio visual content for electronic delivery and repeated viewing over a finite period of time established by Bcineet site/app/platform in its sole discretion ("Digital Rental");

(c) access audio visual content via one or more subscription offerings, where a fee is required to be paid for such access (other than in the case of a free trial), for repeated private viewing by subscribers during the Term ("Non-transactional Access"), which may be through (i) a subscription offering branded with a brand of Bcineet site/app/platform or a Bcineet site/app/platform affiliate including the subscription offering, Bcineet or any successor thereto ("Subscription Access") or (ii) a subscription offering of your content as compiled by you or us which may or may not include content from other content providers ("Non Subscription Access"); and

(d) access audio visual content on an ad-supported basis (i.e., at no charge to the customer) for delivery and repeated private viewing during the term ("Ad-supported Access").

Digital Purchase, Digital Rental, Non-Transactional Access and Ad-supported Access are referred to herein as the "Distribution Modes". The service may be offered on a stand-alone basis and/or bundled with other products, services, or offerings, including Bcineet site/app/platform prime. As between the parties, Bcineet site/app/platform will have sole control over the Service, all features, terms, and other aspects thereof (including, without limitation, the rights and entitlements granted to authorized users with respect to Digital Purchase, Digital Rental, Non-transactional Access and Ad-supported Access, the terms under which the Service is offered and the sale of advertisements in connection with the Service); provided, however, that Bcineet site/app/platform (s) distribution of content on the service shall be in accordance with the terms of this agreement. Without limiting the foregoing, you acknowledge that Bcineet site/app/platform may (i) make the Service available through any websites, applications, device interfaces, third-party platforms and any other online platforms or points of presence now known or hereafter devised, (ii) grant authorized users who receive Digital Purchase, Digital Rental, Non-transactional Access and Ad-supported Access to audio-visual content the right to access such content via streaming, download, and any other means of digital distribution now known or hereafter devised, for online or offline viewing on any device supported by the service, and (iii) deliver audio-visual content on the service via any means now known or hereafter devised (including, without limitation, cable, wire, fiber, satellite, wireless and/or cellular).

17. Revenue to Content Providers

Bcineet site/app/platform will pay content providers the applicable fees set forth below ("\License Fees") for each customer purchase of content for Digital Purchase or Digital Rental, and for offering customers Non-Transactional Access or Ad-supported Access. Such license fees are the only compensation payable to you under this agreement and constitute full and complete compensation to you for all rights granted under this agreement.

Bcineet site/app/platform will calculate, report and pay the license fees in arrears within ninety (90) days after the completion of the applicable calendar month. You will receive payment from Bcineet site/app/platform via electronic funds transfer unless electronic funds transfer is not available for the address provided for your account, in which case you will receive payment by wire transfer. Notwithstanding anything to the contrary herein, if you receive payment via wire transfer, Bcineet site/app/platform may withhold payment until you have reached the minimum threshold in accrued license fees for the applicable local marketplace as set forth on the program site. You will also be responsible for any fees imposed by your bank or any intermediary bank. For the purposes of calculating License Fee payments, (i) the "\Purchase Price" for a customer's right to access content via Digital Purchase, Digital Rental or Non Subscription Access will equal the amount actually paid by the authorized user for that access, exclusive of any taxes, and (ii) Bcineet site/app/platform  will be entitled to an adjustment for customer refunds and credits and for amounts not collected due to bad debt. If we pay you license fees on a sale and later issue a refund, return, or credit for that sale, we may offset the amount of the license fees that we previously paid to you for the sale against future license fees, or require you to remit that amount to us. If a third party asserts that you did not have all rights required to make one of your content available through Bcineet site/app/platform and service or if we determine that you may be in breach of this agreement, we may withhold all license fees due to you with respect to such content pending resolution of the issue. If we determine that you did not have all of the required rights or that you have otherwise breached this agreement with regard to a content, we will not owe you license fees for that content and we may offset any of the license fees that were previously paid against future license fees, or require you to remit a refund to us. We may also withhold and offset any sums you owe to us against amounts that are payable to you. When this agreement terminates, we may withhold all license fees due for a period of three months from the date they would otherwise be payable, in order to ensure our ability to offset any customer refunds or other offsets to which we are entitled. If we terminate your account because of your breach of this agreement, you will forfeit any license fees accrued but unpaid from the date of the notice of termination. If after we have terminated your account, you open a new account without our express permission, we will not owe you any license fees through the new account. Our exercise of these rights does not limit other rights we may have to withhold or offset License Fees or exercise other remedies under applicable law. For clarity, Bcineet site/app/platform will not be obligated to pay License Fees for Non-transactional Access in connection with the viewing of any content by a customer if that customer was granted access to that content via Digital Rental, Digital Purchase or Ad-supported Access, and similarly, Bcineet site/app/platform will not be obligated to pay License Fees for Ad-supported Access in connection with the viewing of any content by a customer if that customer was granted access to that content via Digital Rental, Digital Purchase or Non-transactional Access. Bcineet site/app/platform may sell your content using multiple currencies. You may elect on the Program Site to receive any License Fees owed to you (i) where applicable, in the local currency for the territory in which the distribution occurs (the "\Sale Currency") or (ii) the currency of a single territory in which the content were distributed. If we pay you in a currency other than the Sale Currency, we will convert the License Fees owed from the Sale Currency to the payment currency at a market exchange rate that we or our bank determine, which will be inclusive of all fees and charges for the conversion.

18. Digital Purchase, Digital Rental or Access License Fees

Bcineet will use the following structure for paying you for every content in your account Revenue from your content (In USD) Your share <= $15 K

65%

$15 K & < $100 k

70%

$100 K & <= $250 k

75%

$250 K

80%

Ad-supported Access License Fee

Bcineet site/app/platform will pay you 80% of Net Advertising Receipts.

"\Net Advertising Receipts" means aggregate cash amounts collected by Bcineet site/app/platform from the sale of advertisements against any Title for Ad-Supported Access during the quarter for which License Fees are being calculated, less 20% of that aggregate cash amount (which is deemed to reflect the cost of selling advertisements) and less any payments made to any third-party advertising platforms or networks in connection with the distribution or sale of advertisements on those platforms or networks.

19. Content Facilitators Fees:

Content facilitator is the organization and/or individual that helps in bringing content partners and users on to Bcineet site/app/platform. Content users get an account through the content facilitator on Bcineet where they can upload content and manage content to Bcineet. Bcineet will share 2% of the net revenue with the content facilitator from its applicable net revenue for every content user that is on boarded directly with content facilitator’s efforts. To become a content facilitator a pre-approved process must be done with Bcineet and a confirmation from Bcineet at its sole discretion. The status and terms for and of the content facilitator is at the sole discretion of Bcineet. With the written approval of Bcineet, the content facilitator can negotiate a percentage or an amount from a content users revenue. The negotiated contract duly signed by both content facilitator and content user shall be provided to Bcineet. Bcineet will honor any such agreement between content facilitator and the content users and the negotiated amount from the content users account under their agreement will be directly transferred to the content facilitator’s account by Bcineet.

Content Authenticity : Content Facilitator like all users and content provider shall make sure that any content providers brought on the platform with their direct help do not upload any unauthorized content or plagiarized content on Bcineet as per the Terms of Use.

20. Changes to Fees

Bcineet reserves the right to change amounts payable to you and the License Fees for the Bcineet site/app/platform from time to time. Any fee increase will be applied only to Content which are received by the Bcineet site/app/platform after the effective date of such increase. Any fee decrease will be applied to (a) Content received by the Bcineet site/app/platform prior to the effective date of such decrease and which have use date that is after such effective date and (b) Content received by the Bcineet site/app/platform after such effective date.

21. Taxes:

Bcineet site/app/platform will be solely responsible for collecting and paying to the appropriate taxing authorities any national, state or local sales or use taxes, value added taxes, and goods and sales taxes or similar taxes (collectively "Transaction Taxes") applicable to purchases by customers and users of Bcineet site/app/platform. Bcineet site/app/platform will not be required to pay any taxes imposed on or measured by your net income, net profits, income, profits, revenues, gross receipts, franchise, doing business, capital, intangible, value added (other than value added tax in the nature of sales or use or similar taxes), net worth, all real property and ad valorem taxes imposed by any governmental authority on the fees payable to you under this Agreement, or similar taxes or taxes in lieu thereof, whether collected by withholding or otherwise. All payments payable by Bcineet site/app/platform to you under this agreement are inclusive of all Transaction Taxes that apply to the license of the Titles by you to Bcineet site/app/platform, unless Bcineet site/app/platform advises you otherwise. If and to the extent any payments hereunder are subject to and include any applicable Transaction Taxes, you will supply Bcineet site/app/platform with an original, valid tax invoice, to the extent available under the applicable law, separately stating these Transaction Taxes, to enable Bcineet site/app/platform to claim credit for these taxes as applicable. Bcineet site/app/platform may provide you with an exemption certificate or equivalent information acceptable to the relevant taxing authority, in which case, you will not charge or collect the Taxes covered by such certificate. If taxes are required to be deducted or withheld on any payments to be made to you under applicable law, then Bcineet site/app/platform will (i) deduct such taxes from the amount owed to you and pay them to the appropriate taxing authority as required by applicable law and (ii) secure and deliver to you a receipt or other legally required documentation for any taxes withheld as required under applicable laws. Payment to you as reduced by such deductions or withholdings will constitute full payment and settlement to you of amounts payable under this agreement. Except as specified in this section, each party will be responsible for its own taxes as levied by the applicable taxing authorities; provided, any charges toward the stamp duty payable under the applicable laws shall be borne by you. Throughout the term of this agreement, you will provide Bcineet site/app/platform with any forms, documents or other certifications as may be required by Bcineet site/app/platform to satisfy any information reporting or withholding tax obligations with respect to any payments under this agreement.

22. Closed Captions and Subtitles:

You will deliver closed captions for all content in accordance with Bcineet site/app/platform (s) technical specifications as provided on the Program Site, but in any event, in accordance with applicable law for the Territory. You may not be able to publish a content via one or more distribution modes in certain territories until Bcineet site/app/platform has received closed captions from you. You will deliver English language versions of the content, unless the original version of a content is not in English, in which case you will deliver (i) either audio descriptions, subtitles or dubbed language tracks and (ii) the title and synopsis information for the content, in each case, in at least one core language identified by Bcineet site/app/platform for the Territory. Further to the rights granted hereunder, Bcineet site/app/platform may create, insert and distribute closed captions, audio descriptions, dubbed language tracks and subtitles for content in any language for which content provider is able to grant the necessary rights in the Territory and may use or distribute any such closed caption, dubbed language track, subtitle file or audio description it creates in any such Territory. In connection with such creation, Bcineet site/app/platform  will use reasonable commercial efforts to ensure that such closed caption and subtitled versions reflect the original version of the Licensed Content.

23. Content Withdrawal

You may withdraw your contents from availability on the Service at any time on thirty (30) business days advance notice by following the then current program procedures for content withdrawal or un-publishing; provided that you may not remove a content within a subscription unless you either (i) lose any rights or other licenses, consents or permissions relating to any specific content that are necessary for you to grant the rights granted hereunder or (ii) receive written notice of a third-party claim relating to a content, which reasonably could result in legal liability for you; provided that Bcineet site/app/platform will only be obligated to withdraw the content from a subscription if you also concurrently obligate other subscription based services to withdraw the content. We may fulfill any customer orders completed through the date the contents are available on the service. All withdrawals of contents and subscriptions will apply prospectively only and not with respect to any customers who purchased the contents or subscriptions prior to the date of removal, meaning that we will allow any customer who has previously purchased a content for Digital Purchase or Digital Rental or a Subscription for Non Subscription Access to view the Content or Subscription, as applicable, after it has been withdrawn from the service to the extent that such customer purchased those rights prior to the withdrawal.

24. Payment

• You may pay applicable fees on the Bcineet site/app/platform and for services by using a Debit/Credit Card, Online Payment Method or through your Internet Banking.

• You submit and agree that the Payment details provided by you to the Payment Gateway for payment transaction processing will be correct and you shall not use Payment Details, which is not lawfully owned by You.

• You agree that when you initiate a payment transaction and/or issue an online payment Instruction and provide your Payment details.

• You warrant that you are fully and lawfully entitled to use the said Debit/Credit Card or Bank Account for such payment.

• You are responsible to ensure that all the Debit/Credit Card or Bank Account details provided by you are correct.

• You are authorizing the debit to the nominated Debit/Credit Card or Bank account for the settlement of bills selected by you along with the applicable fees.

• You are responsible to ensure that sufficient credit is available on your presented Debit/Credit Card or Bank Account at the time of making the payment to permit the payment of the bill/s selected by you inclusive of the applicable fees.

25. Refunds and Charge backs

If the Bcineet receives a request from a User for refund or cancellation of payment in relation to any transaction, the Bcineet will process the request and determine whether such refund or cancellation must be processed. If the said request must be processed, the Bcineet will notify User of the same and Bcineet will transfer back the amount refunded or cancelled.

Whenever a refund is agreed to be made by the Bcineet to a User, the Bcineet will issue a credit slip to User within 15 days after the refund has been agreed to be made by the Bcineet to the User.

26. Other Fees

Bcineet reserves the right to charge fees for certain listings and Services, as well as transaction fees based on certain completed transactions using the Bcineet service. Bcineet further reserves the right to alter any and all fees from time to time and without notice.

The User shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the Bcineet service.

27. Other Charges

All other charges related to user of services provided by Bcineet will be borne by the User.

28. Secure Transactions

Bcineet has implemented and will maintain security systems for the transmission of Users Transactions. Bcineet does not guarantee the security of the Services or Transaction data, and Bcineet will not be responsible in the event of any infiltration of its security systems, provided that Bcineet has used commercially reasonable efforts to prevent any such infiltration. User further acknowledges and agrees that User, and not Bcineet, is responsible for the security of Transaction data or information or any other information stored on users servers, and that Bcineet is not responsible for any other party’s servers (other than subcontractors of Bcineet solely to the extent Bcineet is liable for its own actions hereunder).

29. User’s Obligations and User Account

In consideration of use of the Bcineet site/app/platform, the User represents and confirms that the user is of legal age to enter into a binding contract and is not a person barred from using the Bcineet site/app/platform and/or receiving the services under the laws of India or other applicable law.

To avail a service the user has and must continue to maintain at his/her sole cost: All the necessary equipment including a phone, computer, internet data package, adequate battery, and modem etc. to access the Bcineet site/app/platform and available services. Own access to the World Wide Web. The user shall be responsible for accessing the Bcineet site/app/platform and services as well as that access may involve third party fees including, airtime charges or Internet Service Provider’s charges which are to be exclusively borne by the user. The user also understands that the services may include certain Site/Apps from Bcineet as service announcements and administrative messages. The user understands and agrees that the services are provided on an “as is” basis and that Bcineet does not assume any responsibility for deletions, mis-delivery or failure to store any user Bcineet site/app/platform or personalized upon completion of the registration process, the User shall receive a User Id and Password. The user agrees and undertakes at all times to be responsible for maintaining the confidentiality of the User Id and Password, and shall be fully responsible for all activities that occur by use of such Password or User Id. Further, the user agrees not to use any other party’s User Id and Password for any purpose whatsoever without proper authorization from such party. You are responsible for the security of your password and for all transactions undertaken using your password through our service. The Password entered by you is transmitted in one-way encrypted form to our database and stored as such. Thus the Password will not be known even to Bcineet. You confirm that you are the authorized holder of the credit card or the original account holder used in the transactions you make using the Bcineet services. Bcineet will not be responsible for any financial loss or inconvenience resulting from misuse of your User Id/ Password/ Credit card Number as well as Financial Details for using Bcineet services. You shall use the Bcineet site/app/platform appropriately and you must refer to the rules and regulations governing use of Bcineet site/app/platform to ensure proper usage by you and the user. You shall also cooperate fully with the Company in relation to delivery of the Bcineet site/app/platform or services at all times. The user also agrees and undertakes to immediately notify Bcineet of any unauthorized use of the User’s Id or Password and to ensure that the user logs off at the end of each session on the Bcineet site/app/platform. Bcineet shall not be responsible for any, direct or indirect, loss or damage arising out of the User’s failure to comply with this

The User also agrees to: (a) provide true, accurate and complete information about him/her and any beneficiaries as prompted by the registration form (“Registration Data”) on the Bcineet site/app/platform; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, current or incomplete or Bcineet has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bcineet has the right to suspend or terminate the User’s registration and refuse any and all current or future use of the Bcineet site/app/platform and/or any service. Furthermore, the user grants Bcineet the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the services.

30. Breach

Without prejudice to the other remedies available to Bcineet under this agreement, or under applicable law, Bcineet may limit the User’s activity, or end the User’s listing, warn other users of the User’s actions, immediately temporarily/indefinitely suspend or terminate the User’s registration, and/or refuse to provide the user with access to the Bcineet site/app/platform if:

• The user is in breach of this agreement or the documents it incorporates by reference;

• Bcineet is unable to verify or authenticate any information provided by the user; or

•  Bcineet believes that the user’s actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the Bcineet site/app/platform and/or Bcineet may at any time in its sole discretion reinstate suspended users.

Once the user has been indefinitely suspended the user may not register or attempt to register with Bcineet or use the Bcineet site/app/platform in any manner whatsoever until such time that the user is reinstated by Bcineet. Notwithstanding the foregoing, if the user breaches this terms and agreement or the documents it incorporates by reference, Bcineet reserves the right to recover any amounts due and owing by the user to Bcineet and/or the service provider and to take strict legal action as Bcineet deems necessary.

31. Relationship

None of the provisions of this terms, notices or the right to use the Bcineet site/app/platform by the user contained herein or any other section or pages of the Bcineet site/app/platform and/or the Linked Sites, shall be deemed to constitute a partnership between the User and Bcineet and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.

32. Links to Third Party Site

The Bcineet site/app/platform may contain links to other third parties (“Linked Sites”). The Linked Sites are not under the control of Bcineet or the Bcineet site/app/platform and Bcineet is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Bcineet is not responsible for any form of transmission, whatsoever, received by the user from any Linked Site. Bcineet is providing these links to the user only as a convenience, and the inclusion of any link does not imply endorsement by Bcineet or the Bcineet site/app/platform of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.

Bcineet is not responsible for any errors, omissions or representations on any Linked Site. Bcineet does not endorse any advertiser on any Linked Site in any manner. The users are requested to verify the accuracy of all information on their own before placing any reliance on such information.

33. Limitation of Liability and Damages

In no event, Bcineet or its contractors, agents, licensors, partners or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Terms; (ii) the Bcineet services, (iii) the Bcineet Platform or any reference site/app/platform/service; or (iv) your use or inability to use the Bcineet services, the Bcineet Platform (including any and all materials) or any reference sites/app/platform/service, even if Bcineet or a Bcineet authorized representative has been advised of the possibility of such damages; (v) your use or misuse of the Bcineet services or of the Bcineet Platform; (vi) any breach of the representations, warranties, and covenants made by you herein. Any other interactions with Bcineet, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by you, if any, for using the portion of the Bcineet service or the Bcineet Platform giving rise to the cause of action, or beyond or in excess Rs, 1,000, whichever is less. You acknowledge and agree that Bcineet has offered its products and services, set its prices, and entered into this terms and agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Bcineet, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and Bcineet. Bcineet would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, Bcineet liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this agreement. Bcineet reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Bcineet, including rights to settle, and you agree to cooperate with Bcineet defense and settlement of these claims. Bcineet will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this agreement.

Limitation of Liability

Except As Required By Applicable Law, Bcineet, It's Affiliates, Officers, Directors, Employees And Agents Will not be responsible for any loss of profits, Revenues, Business Opportunities, Goodwill or Anticipated savings; Loss or Corruption of data; Indirect or Consequential Loss; Punitive damages caused by:

Errors, Mistake  or Inaccuracies on the service; Personal injury or Property damage resulting from your use of the service; Any unauthorized use of the service; Any interruption or cessation of the service;

Any viruses or malicious code transmitted to or through the service by any third party;

Any content whether submitted by a user or Bcineet site/app/platform including your use of content;and/or

The removal or unavailability of any content. This provision applies to any claim regardless of whether the claim asserted is based on warranty,contract,tort,or any other legal theory. To the extent permitted by applicable law,Bcineet and its affiliates total liablity for any claims arising from or relating to the service is limited to the greater of:(A) The amount of revenue that phunflix has paid to you from your use of the service in the 12 months before the date of your notice, in writing to Bcineet,of the claim and (B) Indian rupees Rs 1000,whichever is higher. 

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Bcineet, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive this agreement and your use of the service.

34. Disclaimer:

No Warranties To the fullest extent permissible pursuant to applicable law, Bcineet and its third-party partners, licensors and suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Bcineet or through the Bcineet services or the Bcineet platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, you expressly acknowledge that as used in this section, the term “Bcineet” includes Bcineet's officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliates. You expressly agree that use of the Bcineet services on the Bcineet platform is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Bcineet site/app/platform or on the Internet generally. Bcineet does not warrant that the Bcineet services will be uninterrupted or error-free or that defects in the Bcineet site/app/platform will be corrected. The Bcineet services and the Bcineet platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the Bcineet site/app/platform are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. Bcineet, and its third party suppliers, licensors, and partners do not warrant that the data, Bcineet software, functions, or any other information offered on or through the Bcineet services / Bcineet platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. Bcineet and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the Bcineet services / Bcineet platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the Bcineet services / Bcineet platform or any reference sites/platforms/apps/services at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will Bcineet be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Bcineet platform.

35. Ownership:

Proprietary Rights The Bcineet services and the Bcineet site/app/platform are owned and operated by Bcineet and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Bcineet site/app/platform services provided by Bcineet (hereafter “Materials”) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and Bcineet, all materials, trademarks, service marks, and trade names contained on the Bcineet platform are the property of Bcineet and/or third party licensors or suppliers. You agree not to remove, obscure, or alter Bcineet or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Bcineet services / Bcineet platform. Except as expressly authorized by Bcineet, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the materials. Bcineet reserves all rights not expressly granted in this agreement. If you have comments regarding the Bcineet services and/or the Bcineet platform or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to Bcineet, and shall assign to Bcineet.