TERMS OF USE

THIS AGREEMENT GOVERNS YOUR USE OF THE MOBILE APP "FILMI FILMY" ("APP").

This App is owned and published by Pariksha Labs Private Limited ("Pariksha") under the brand "Filmi Filmy". Access and use of this App is provided by Pariksha to you on condition that you accept the Terms of Use and the Privacy Policy, and by accessing or using this App, you agree to these Terms of Use and the Privacy Policy. If you do not agree to accept and abide by these Terms of Use and the Privacy Policy you should not access or use this App.

Pariksha may revise and update these Terms of Use, the Privacy Policy and / or the information provided on the App at any time and without any notice. You are cautioned to review the Terms of Use, Privacy Policy and the information posted on the Website periodically. Your access and/or use of this App after any such changes are posted will constitute your acceptance of these changes.

Registration obligations

You represent that you are of legal age to form a binding agreement. You also agree to: (a) register on the App, as an when required by Pariksha, (b) provide true, accurate, current and complete information about yourself as prompted by the App in registration form and (c) maintain and promptly update the information to keep it true, accurate, current and complete.

Use of the App

You may not interfere with the security of, or otherwise abuse this App or any system resources, services or networks connected to or accessible through this App.

You shall only use this App for lawful purposes.

Additionally, unless authorized by Pariksha in writing, you may not:

You shall use the App only for lawful purposes, and to comply with all applicable laws and regulations in connection with your use and access of the App.

You shall not advertise your products or services or solicit any user of the App, whether or not such advertising or solicitation is in the form of unrequested bulk commercial email.

Intellectual Property

All materials (including the organization and presentation of such material) on this App (the "Materials") are the property of Pariksha and its partners and would be partners and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.

Further for the protection of Pariksha and the partner's rights , content / Materials may be visibly, invisibly, or electronically watermarked and may include the use of digital rights management system technology within the content / Materials. Such technology may permit online crawling or tracking of content obtained from Pariksha and/or other methods of protecting, monitoring, or tracking the unauthorized use of the Materials or content posted on the App/Website.

Unless you have entered into a separate agreement with Pariksha, i.e. the Content License Agreement, any use of these Materials without Pariksha's written permission is prohibited.

However, the Materials may only be used and copied by you for trial and evaluation purposes. You shall not use such Materials, when on trial basis, for any purpose other than non-commercial, personal or educational purposes, provided that the Materials are not modified, copyright and other intellectual property notices are not deleted and watermarks, codes or any other material used as rights managed system is not removed from the Materials. You shall not create derivative works from or otherwise exploit the Materials in any way

Linked Websites

This App may provide links to third party websites / pages for your convenience only. The inclusion of these links does not imply that Pariksha monitors, sponsors or endorses these websites. Pariksha does not accept any responsibility for such websites. Pariksha shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Websites or linked resources.

Internet software or computer viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this App/Website. Computer viruses or other destructive programs may also be inadvertently downloaded from this Website.

Pariksha shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this App or your use of any of the Materials from this App. Pariksha recommends that you install appropriate anti-virus or other protective software.

App and Materials Provided "As Is"

Pariksha uses reasonable efforts to ensure the accuracy, correctness and reliability of the Materials, but we make no representations or warranties as to the Materials accuracy, quality, functionality, correctness or reliability.

THIS APP AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. PARIKSHA DOES NOT REPRESENT OR WARRANT THAT THIS APP/WEBSITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

Invite A Friend Referrals

If you choose to use our invite a friend referral services to tell a friend about our APP, products or services (including playlists that you have created etc.), we will ask you for your friend's name and email address. We will use that information to send your friend a notification inviting him or her to visit the Mobile APP store and download the APP you have selected. We may use a third-party provider to administer this function, but any such third party provider may only use the information submitted to facilitate this email.

Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEB SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL PARIKSHA OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS APP/WEB SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

Indemnification

You agree to indemnify and hold Pariksha harmless against all claims or liability asserted against Pariksha arising out of or in connection with any breach, by you or anyone acting on your behalf, of any of these Terms of Use.

Notice and Procedure for Making Claims of Infringement

Pariksha respects the copyright owned / licensed by the other persons, and you as a user of this App/Website is requested to do the same. In the event it appears to you that:

then you may provide Pariksha with a written communication addressed to our Director including substantially the following information:

  1. a signature (electronic or physical ) of the person authorized to act on behalf of the owner of the alleged infringed copyright;

  2. description of the copyrighted work that you claim has been infringed in any of the manner mentioned herein above;

  3. a description of where the infringing material is located on the App/Website;

  4. your address, telephone number, and email address;

  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner / licensor, its agent, or the law;

  6. a statement by you that the above information in your notice is accurate and that you are the copyright owner / licensor or authorized to act on behalf of the copyright owner / licensor.

Email

Feel free to email Pariksha at info@Parikshalabs.com. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Pariksha is not liable for any damages related to communications to or from this App/Website. You agree with respect to any information provided by you to us through this Website or via e-mail that Pariksha has no obligation concerning such information;

Applicable law

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the State of Delhi and acknowledge that you do so voluntarily.

This Agreement shall be interpreted, construed and governed by the laws of India without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the jurisdiction of the courts of New Delhi and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, Pariksha shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-indian court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Pariksha, such action is necessary or desirable.

General

Pariksha's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

No action of Pariksha , other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms of Use or Privacy Policy. Should any clause of these Terms of Use or Privacy Policy be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

We reserve the right to change these Terms of Use, the Privacy Policy, prices, information, Materials and available contractual license terms featured on this Website without notice. These conditions set out the agreement between Pariksha and you relating to your use of this App/Website.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English.

You may also be subject to additional terms and conditions that may apply when you purchase the Materials from the Website.

Contact

If you have concerns relating to this web site or these Terms of Use, please contact Pariksha at info@Parikshalabs.com or via phone at +91-124-4235946 or via postal mail at Movico House, #198 HSIIDC Udyog Vihar Phase VI, Gurgaon 122001.

© 2013 ParikshaLabs