1. OWNERSHIP; RESTRICTIONS ON USE
The content of the Site(s)/ App(s) and all copyrights, patents, trademarks, service marks, tradenames and all other intellectual property rights therein are owned by ZIGZAG PLAY ENTERTAINMENT and/or its licensors or group companies and are protected by applicableIndian and international copyright and other intellectual property laws. You acknowledge,understand and agree that you shall not have, nor be entitled to claim, any rights in and to theSite(s)/ App(s) content/ Services and/or any portion thereof. You agree not to copy, reproduce,duplicate, stream, capture, access through technology or means other than those provided onthe Site(s)/ App(s), perform, transfer, sell, resell, download, upload, archive, license to others,edit, modify, manipulate, create derivative works from or based upon (including, withoutlimitation, mash-ups, montages, wallpapers, ringtones, greeting cards, T-shirts or othermerchandise), publish, republish, post, transmit, publicly display, frame, link from or to,distribute, share, embed, translate, decompile, reverse engineer, incorporate into any hardwareor software application, use for commercial purposes, or otherwise use or exploit the Site(s)/App(s) or any component part thereof. Any of the unauthorized uses referred to above wouldconstitute an infringement of the copyrights and other proprietary rights of ZIGZAG PLAYENTERTAINMENT and/or its licensors and a violation of these Terms and may subject youto civil and/or criminal liability under applicable laws.
2. LICENSES GRANTED TO YOU
Subject to these Terms (including, without limitation, the YOUR RESPONSIBILITIESsection set forth below), we hereby grant you, if and only to the extent the necessaryfunctionality is provided to you on or through the Site(s)/ App(s), the following limited,revocable, non-exclusive, non-transferable, non-assignable, worldwide, royalty-free rightsand licenses (“License”):
2.1 The License to access, view and otherwise use the Site(s)/ App(s) (including, withoutlimitation any Services provided on or through the Site(s)/ App(s)) for your personal (noncommercial), lawful use only, as intended through the customary and authorized functionalityof the Site(s)/ App(s);
2.2 The License to stream Site(s)/ App(s) content using any of the widgets and/or other digitalstreaming internet video players, if any, provided on the Site(s)/ App(s) (any such widget orother digital streaming internet video player referred to as a “Site Widget/ Video Player”) foryour personal, lawful use only;
2.3 The License to cut and paste certain code expressly made available to you through theSite(s)/ App(s) (whether such functionality is designated as “sharing” functionality or not) in order to embed, re-publish, maintain, and/or display the specific Site(s)/ App(s) content towhich such code relates on your own personal, customized social networking web page(s),web blog(s), or microblog(s) (collectively, your “Personal Social Media”), and/or, if theSite(s)/ App(s) provides “widget grabbing and embedding” functionality, to “grab” a SiteWidget and embed, re-publish, maintain, and/or display such Site Widget on your PersonalSocial Media;
2.4 The License to cut and paste certain code expressly made available to you through the Site,and/or if the Site provides “widget grabbing and embedding” functionality, to “grab” a SiteWidget, to forward, as applicable, such code and/or Site Widget to your friends, so that theycan view the Site content contained therein, and/or if, they so desire, so that they themselvesmay embed the forwarded piece of code or Site Widget on their own Personal Social Mediaor re-forward it to their own friends;
2.5 If the Site(s)/ App(s) enables you to download Software, the License to install and use onecopy of the Software on your personal computer system, mobile or other permitted device;provided, however, that you understand and agree that (i) by allowing you to download theSoftware, Zigzag Player does not transfer title to the Software to you (i.e.,you own the medium on which the Software is recorded, but the Software's owner (which maybe Zigzag Player and/or its third party Software licensor) will retain fulland complete title to such Software; (ii) you shall not copy, modify, adapt, translate into anylanguage, distribute, or create derivative works based on the Software without the prior writtenconsent of Zigzag Player; (iii) you shall not assign, rent, lease, or lendthe Software to any person or entity and any attempt by you to sublicense, transfer, or assignthe Software will be void and of no effect; (iv) you shall not decompile, disassemble, reverseengineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas,underlying user interface techniques, or algorithms of the Software by any means whatsoever,except to the extent the foregoing restriction is prohibited by applicable law.
3. YOUR RESPONSIBILITIES
Your rights under any one or more of the Licenses set forth above are conditioned upon yourcompliance with each of the following:
3.1 Subject to availability of these functionalities you will not create or Submit (as definedbelow) a User Submission that is unlawful, pornographic, obscene, defamatory, libellous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially,culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, orpotentially gives rise, to civil or criminal liability, or that violates any applicable laws, rules,regulations or (“Applicable Laws”), or that infringes or violates other parties' intellectualproperty, publicity, or privacy rights or links to infringing or unauthorized content;
3.2 You will not embed, re-publish, maintain and/or display any Site(s)/ App(s) content(including, without limitation, any of your own User Submissions) on any Personal SocialMedia or other web site or other internet location that ordinarily contains or hosts content thatis unlawful, pornographic, obscene, defamatory, libellous, threatening, discriminatory,harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnicallyoffensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, tocivil or criminal liability, or that violates any Applicable Laws, or that infringes or violatesother parties' intellectual property rights or links to infringing or unauthorized content;
3.3 You will not send spam, chain letters, pyramid schemes or any other unsolicited orunauthorized advertising or promotional materials, or harass, bully, stalk, harm, or otherwisecause mental or physical distress or injury to anyone, or defame or disparage someone, orengage in any other unlawful or objectionable conduct while using the Site;
3.4 You will provide accurate, current and complete information about you or anyone else,and you will not provide false information about you or anyone else (including, withoutlimitation, when you are being asked on the Site to provide accurate information about yourage), and you will not impersonate or appear to impersonate anyone else or otherwisemisrepresent your affiliation with any person or entity;
3.5 You will not use any one or more of the Licenses granted to you (and any associatedfunctionality) to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view,display, forward, any material or information, whether personally identifiable or not, postedby or concerning any other user of the Site, unless you have obtained prior permission fromsuch user to do so;
3.6 You will not interfere with or disrupt, or attempt to interfere with or disrupt, the operationof the Site(s)/ App(s) (or any parts thereof);
3.7 You will abide by all copyright notices, information, and restrictions contained in orassociated with any of the Site(s)/ App(s) content;
3.8 You will not remove, alter, interfere with or circumvent any copyright, trademark,watermark, or other proprietary notices marked/displayed on Site(s)/ App(s) content, Softwareor Services;
3.9 You will not remove, alter, interfere with or circumvent any digital rights managementmechanism, device or other content protection or access control measure (including, withoutlimitation geo-filtering and/or encryption, etc.) associated with Site content;;
3.10 You will not use any of the rights granted to you or any of the Site(s)/ App(s) content orServices in a manner that suggests an association with any of ZIGZAG PLAYENTERTAINMENT 's products, services or brands, unless otherwise specifically permittedby Zigzag Player;
3.11 You will not use bots, spiders, offline readers or other automated systems to access oruse the Site(s)/ App(s) in a manner that sends more request messages to the Site(s)/ App(s)'sservers in a given period of time than a human can reasonably produce in the same period byusing a conventional web browser, unless you are a lawfully operating a public search engine,in which case (subject to Zigzag Player 's full discretion to revoke thisexception at any time), you may use spiders to index materials from the Site for the solepurpose of creating publicly available searchable indices (but not caches or archives) of suchmaterials;
3.12 You will not knowingly transmit any material that contains adware, malware, spyware,software viruses, time-bombs, cancel-bots, worms, trojan horses, or any other computer code,files, or programs designed to interrupt, destroy, or limit the functionality of any computersoftware or hardware or telecommunications equipment;
3.13 You will not do anything that is likely to adversely affect or reflect negatively upon orharm the goodwill or reputation of Zigzag Player or any of its affiliatesor group companies, or the Site(s)/ App(s), or any of the content running or being promotedon the Site(s)/ App(s) (including, without limitation, any movie, television program or otherinitiative);
3.14 You will not do anything on the Site(s)/ App(s) that would prevent other users' access toor use of the Site(s)/ App(s) or any part thereof;
3.15 You will be responsible for maintaining the confidentially of any username or passwordassociated with access to the Site(s)/ App(s) (including, without limitation, in those instancesin which the Site(s)/ App(s) uses the account creation mechanism and management of a third party’s social network, website or device), and you are solely responsible for all activities thatoccur under your username and/or password; and
3.16 You will use the Site(s)/ App(s) and the Licenses always in compliance with these Termsand all Applicable Laws.
4. USER SUBMISSIONS; GRANT OF LICENSE TO ZIGZAG PLAYENTERTAINMENT; YOUR WARRANTIES AND REPRESENTATIONS
When you submit (or attempt to submit) your User Submissions on or by means of the Site(s)/App(s), you automatically grant to Zigzag Player and its affiliates, groupcompanies an irrevocable, perpetual, worldwide, unconditional, unrestricted, fully-paid,royalty-free, transferable, fully sub-licenseable to multiple tiers of sublicensees, non-exclusiveright and license (the “Zigzag Player License”) to display, publiclyperform, distribute (including, without limitation, through third-party web sites, blogs,microblogs and other social networking media and internet and mobile resources andapplications etc.), store, transcode, host, cache, maintain, broadcast, webcast, mobile-cast,transmit, distribute, tag, track, reproduce, edit, modify, format, re-format, link to and from,translate, delete, create derivative works, combine with other content, categorize, and/orotherwise use, reuse and/or otherwise exploit your User Submissions (or any portions orderivative works thereof) and any names, likenesses, voices, images, digital recordings,performances, and other ideas, concepts, feedback and other materials included in your UserSubmissions, in any manner, medium or content delivery technology now known orhereinafter devised, for any purpose, as determined solely in ZIGZAG PLAYENTERTAINMENT's (or its authorized designees/licensees') sole discretion, without therequirement for any compensation to you or anyone else, or the need to require additionalconsent from you or anyone else, or the need to provide prior notification or any credit to youor anyone else. The Zigzag Player License shall survive in perpetuity inaccordance with its terms regardless of whether you stop using the Site or ZIGZAG PLAYENTERTAINMENT terminates your access to the Site(s)/ App(s). NOTHING CONTAINEDHEREIN SHALL BE DEEMED TO TRANSFER TO Zigzag Player ORTO ANY OF ITS AFFILIATES, ANY OWNERSHIP RIGHTS IN AND TO YOUR USERSUBMISSIONS, PROVIDED, HOWEVER, THAT Zigzag PlayerAND/OR ITS AFFILIATES AND/OR ITS LICENSORS WILL RETAIN SOLE ANDEXCLUSIVE OWNERSHIP OF ANY OF THE Zigzag PlayerLICENSED ASSETS (IF ANY) INCLUDED IN YOUR USER SUBMISSIONS. EVENTHOUGH BY SUBMITTING YOUR USER SUBMISSIONS YOU ARE GRANTING TOZigzag Player THE BROAD RIGHTS AND LICENSES SET FORTHABOVE, YOU ACKNOWLEDGE AND UNDERSTAND THAT NOTHING CONTAINEDHEREIN SHALL OBLIGATE Zigzag Player AND/OR ANY OF ITSAFFILIATES OR AUTHORIZED DESIGNEES TO HOST, DISTRIBUTE, DISPLAY OROTHERWISE EXPLOIT ANY OF YOUR USER SUBMISSIONS OR EXERCISE ANYOTHER RIGHTS UNDER THE Zigzag Player LICENSE. Youacknowledge and agree that: (a) you have no expectation of confidentiality of any nature withrespect to any of your User Submissions, and (b) Zigzag Player and/orany of its affiliates may already have projects under consideration that are similar to your UserSubmissions or may independently develop projects that are similar to your User Submissions,or other User Submissions transmitted by other users of the Site may be similar or the sameas your User Submissions. Because of the viral nature of social media, you should not submitany content or information to Zigzag Player that you do not want to beviewed and “shared” or otherwise distributed by others. In connection with all of the UserSubmissions you Submit to the Site, and any other activities that you conduct on or by meansof the Site, you represent, warrant and covenant that: (i) the User Submissions are original toyou (in other words, that you own all rights in and to your User Submissions) or, alternatively,that you have acquired all necessary rights in your User Submissions to enable you to grant toMindsys Technologies the ZIGZAG PLAYENTERTAINMENT License; (ii) you have paid or satisfied and will pay or satisfy in full alllicense fees, clearance fees, royalties, and any other financial or third party obligations of anykind, if any, arising from any use or exploitation of your User Submissions, and ZIGZAG PLAYENTERTAINMENT will not be responsible for such obligations; (iii) your User Submissionsdo not infringe the intellectual property rights, privacy rights, publicity rights, or any otherlegal or moral rights of any third party; (iv) neither your User Submissions, nor any of theother activities that you undertake on the Site(s)/ App(s), are or will at any time be: defamatoryor disparaging of any individual or entity, unlawful, pornographic, obscene, threatening,vulgar, indecent, profane, hateful, sexually explicit or sexually suggestive, intended to bullyor harass or stalk, or resulting in bullying, harassing, or stalking, racially or ethnically orculturally offensive, or otherwise objectionable or encouraging of criminal conduct, or givingrise, or potentially giving rise, to civil or criminal liability, or linking to infringing orunauthorized content, or transmitting unsolicited advertising materials, or intended to result in, or resulting in, any mental or physical distress or injury to any person, violate of anyApplicable Laws or these Terms, or violate of any person’s publicity or privacy rights; and (v)your User Submissions are not intended by you to benefit any commercial enterpriseassociated with you or any third party. You agree to keep all records necessary to establishthat your User Submissions do not violate any of the foregoing representations and warrantiesand to make such records available to Zigzag Player upon ZIGZAG PLAYENTERTAINMENT 's request. Zigzag Player is not responsible for anyloss, theft or damage of any kind to any User Submissions. You acknowledge that PINGPONG ENTERTAINMENT does not as a matter of its ordinary practice pre-screen any UserSubmissions submitted by you or other users of the Site but that ZIGZAG PLAYENTERTAINMENT (and/or any of its authorized designees) has the right to and may prescreen or review after initial submission any of the User Submissions for a variety of reasons,including, without limitation, for compliance with these Terms or Applicable Laws, or ifotherwise desired or necessary, as determined by Zigzag Player in its solediscretion. Zigzag Player shall have the right in its sole discretion torefuse, remove, edit, or disable any of your User Submissions (and/or any other Site users'User Submissions) that violate these Terms or are otherwise objectionable, as determined byZigzag Player in its sole discretion, as well as terminate your and/or anySite user's continued access to and/or other use of the Site (including, without limitation,access to and/or use of any of the Services, features or functionality available on or throughthe Site). Zigzag Player does not control or endorse any UserSubmissions, and any User Submissions submitted to the Site do not reflect the opinions,views or policies of Zigzag Player or any of its affiliates. ZIGZAG PLAYENTERTAINMENT disclaims any and all liability in connection with any and all UserSubmissions, and you agree to waive any legal or equitable rights or remedies you may haveagainst Zigzag Player or any of its affiliates with respect to such UserSubmissions. If you remove or delete any of your User Submissions from the Site, that UserSubmission will be removed from the Site within a reasonable period of time. Nonetheless, aUser Submission that you remove may still be available to third parties who previouslyacquired the link to that User Submission and Zigzag Player maymaintain copies for archival purposes. Zigzag Player reserves the right todisplay advertisements in connection with your User Submissions and to use your UserSubmissions to advertise and promote your User Submissions or the Site (in whole or in part)or any of Zigzag Player products or services. You acknowledge and agree that you have no right or interest in any of the revenue generated from such advertisements.These provisions shall remain in full force and effect in perpetuity notwithstanding anytermination of your use of the Site.Users hereby acknowledge that certain content on the Site(s)/ App(s) is for use solely byresponsible adults over the age of 18 or the age of consent in the jurisdiction from which it isbeing accessed. There are various genres of content suitable for the consumption by the usersbelow the age of 18 years and also for users above 18 years of age, who have attained the ageof majority. Should the user choose to access such content intended for the consumption bythe users above the age of 18 years then, , such user shall be making the followingrepresentations:
1. That the user has attained the age of majority, or at least 18 years of age, and has thelegal right to access and / or possess content meant for adults;
2. That the user has voluntarily chosen to access such content, because he / she wants toview the same and does not find the said content to be offensive or objectionable;
3. That by viewing any part / portion of content intended for the consumption by theusers above the age of 18 years available on the application/website, the user agreesthat the user shall not hold the owners of the application/website ZIGZAG PLAYENTERTAINMENT, its directors, or its employees responsible for any said materials;
4. That the user will exit this Site(s)/ App(s) immediately should he / she be in anywayoffended by the adult nature of the content;
5. That the user understands and agrees to abide by the standards and laws of India orthe jurisdiction from which it is being accessed.
5. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE(S)/ APP(S) IS AT YOURSOLE RISK. THE SITE(S)/ APP(S) (AND ANY PORTION OF THE SITE(S)/ APP(S)) ISPROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE.” TO THE FULLEXTENT PERMITTED BY LAW, Zigzag Player AND ITSAFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND,WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THEIMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARUSE OR PURPOSE AND NON-INFRINGEMENT). Neither ZIGZAG PLAYENTERTAINMENT nor any of its affiliates make any warranties or representations about the accuracy or completeness of content available on or through the Site(s)/ App(s) or the contentof any web sites, Personal Social Media or other internet or mobile resources linked to theSite(s)/ App(s) and assume no liability or responsibility for any: (i) errors, mistakes, orinaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever,resulting from your access to or use of the Site(s)/ App(s) (or any parts thereof); (iii) anyunauthorized access to or use of our secure servers and/or any and all personal informationstored therein; (iv) any interruption or cessation of transmission to or from the Site(s)/ App(s);(v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through theSite(s)/ App(s) (or any parts thereof) by any third party; and/or (vi) for any loss or damage ofany kind incurred as a result of the use of any User Submissions and/or other Site(s)/ App(s)content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or bymeans of the Site(s)/ App(s) and/or otherwise through your or any other Site(s)/ App(s) users'exercise of any rights under any of the Licenses granted by Zigzag Playerherein. Zigzag Player reserves the right, in its sole and exclusivediscretion, to change, modify, add, remove or disable access to any portion of the Site(s)/App(s) (including, without limitation any of the Services).
6. LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLELAWS, IN NO EVENT WILL Zigzag Player OR ANY OF ITSAFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES,DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE TO YOU ORANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT,TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL,SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOTLIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE,DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISEDOF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCHDAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE USING ANACCOUNT REGISTERED TO YOU) OF THE SITE(S)/APP(S) OR ANY PARTSTHEREOF.YOU UNDERSTAND AND AGREE THAT Zigzag Player DOES NOTCOMMIT TO A MINUMUM UPTIME AND IS NOT IN ANYWAY LIABLE TOINDEMNIFY/ COMPENSATE/ REFUND YOU FOR ANY LOSS/ HARM/ DAMAGECAUSED THEREBY.Zigzag Player Site(s)/App(s) enables streaming of content only throughcompatible devices. This software may vary by device and medium, and functionalities mayalso differ between devices. Zigzag Player shall endeavour but not becommitted and liable to ensure the compatibility and/ functionality of the Site(s)/ App(s) withall your devices. In the event of failure of the same, you can contact the customer support andZigzag Player shall use its best possible efforts to extend suchcompatibility. However, in no event shall you hold Zigzag Player liablefor the same
You agree to indemnify and hold harmless Zigzag Player and its affiliatesand its and their respective officers, directors, employees, representatives, licensees,authorized designees, successors and assigns from any and all claims, liabilities, damages,losses, costs, expenses, fees (including reasonable outside attorneys' fees and costs) that suchparties may incur as a result of or arising from (i) any of your User Submissions; (ii) yourexercise of any of your rights granted under the Licenses without your compliance with yourresponsibilities set forth in these Terms; (ii) the breach of any of your warranties,representations, covenants, responsibilities or other obligations set forth in these Terms; (iii)your violation of any person's intellectual property, privacy, publicity or other right; (iv) theviolation of any Applicable Laws and/or these Terms by you and/or anyone using yourregistered account to access and/or otherwise use the Site (in whole or in part); or (v) yourwillful misconduct or the willful misconduct of anyone accessing the Site through yourregistered account, in connection with your (and/or such other person's) use of the Site (inwhole or in part). Zigzag Player reserves the right to assume the exclusivedefense and control of any matter otherwise subject to indemnification by you, in which eventyou will cooperate with Zigzag Player in asserting any availabledefenses. This provision shall remain in full force and effect notwithstanding any terminationof your use of the Site.
8. COPYRIGHT INFRINGEMENT NOTIFICATION; DESIGNATED COPYRIGHTAGENT
Zigzag Player respects the intellectual property rights of others. Uponproper notice, Zigzag Player will remove User Submissions (and anyother Site(s)/ App(s) content) that violate copyright law. As per the provisions of Information Technology Act, 2000 and any amendments made thereto along with the rules framed thereunder and the provisions of the Copyright Act, 1957 along with all the amendments madethereto and rules framed there under, Zigzag Player shall remove uponreceiving written notification of claimed copyright infringement on the Site(s)/ App(s) and forprocessing such claims in accordance with such law. If you believe a work has been copied ina way that constitutes copyright infringement, please send a notification of claimedinfringement (an “Infringement Notification”) that contains all the following information:(i) identification of the copyrighted work claimed to have been infringed; (ii) identification ofthe claimed infringing material and information reasonably sufficient to permit ZIGZAG PLAYENTERTAINMENT to locate the material on the Site(s)/ App(s); (iii) information reasonablysufficient to permit Zigzag Player to contact you, such as an address,telephone number, and, if available, an e-mail address; (iv) a statement by you that you havea good faith belief that the disputed use is not authorized by the copyright owner, its agent, orthe law; (v) a statement by you, made under penalty of perjury, that the above information inyour notification is accurate and that you are the copyright owner or authorized to act on thecopyright owner's behalf; and (vi) your physical signature.Zigzag Player, Legal DepartmentOffice no. A-405/406 Samarth Aishwarya apartment New Link Road, Oshiwara,Off, KL Walawalkar Marg, Lokhandwala Complex, Andheri West, Mumbai,Maharashtra - 400053.By submitting an Infringement Notification, you acknowledge and agree that ZIGZAG PLAYENTERTAINMENT may forward your Infringement Notification and any relatedcommunications to any users who posted the material identified in such notice.