Products and/or Services, so that you are aware of your legal rights and obligations with respect to FilmOrbit and
its affiliates and subsidiaries (individually and collectively, "FilmOrbit").By using the website, Products or
time and such changes shall be effective immediately. You are responsible for regularly reviewing the TOU. Your
continued use of the Products and/or Services affirms your agreement to the TOU and any changes.
- 1.1 You are responsible for maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under your password or account. You agree to
- a) Immediately notify FilmOrbit of any unauthorized use of your password or account or
any other breach of security, and
- b) Ensure that you exit from your account at the end of each session. FilmOrbit cannot
and will not be liable for any loss or damage arising from your failure to comply with this Section 1.1
- 1.2 You agree that when using the Service, you will not:
- a) Use the FilmOrbit Website or Products or Services to defame, abuse, solicit,
harass, stalk, threaten or otherwise violate the legal rights of any person. You shall not use the Website
or Products or Services to distribute any information that promotes or contains bigotry, racism, hatred,
profanity or obscenity, promotes physical harm.
- b) Engage in any fraudulent, abusive or illegal activity, including but not limited
to any communication or solicitation designed or intended to fraudulently obtain any private information
of any person
- c) Use the FilmOrbit Website or Products or Services to violate the security of any
computer network, crack passwords or security encryption codes, transfer or store illegal material
- d) Reverse engineer, decompile, disassemble, copy, reproduce, distribute, modify,
transmit, perform, publish or create derivative works from, or in any way exploit, any of Products or
Services in violation of this TOU or the laws of any country.
- e) Use the Products or Services to distribute any information that you know, or
reasonably should know, cannot be legally distributed
- f) Reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose,
or redistribute or publish any information, Products or Services provided by FilmOrbit or obtained from
FilmOrbit without obtaining the express, prior written consent of FilmOrbit. This restriction includes any
attempt to incorporate any information provided by FilmOrbit into any other directory, product, or
- g) Do any act that violates our intellectual property in the Products or Services.
- h) Do any act that may cause the overload of the servers or which will adversely
affect any service as provided by FilmOrbit to anyone, unless there is an explicit written permission
from FilmOrbit to do so.
- i) Use the Products or Services to display and/or publish any adult content, which
without limitation includes all pornography, erotic images, or otherwise lewd or obscene content. The
designation of "adult content" is left entirely to the discretion of FilmOrbit.
- j) Create a false identity for the purpose of misleading others.
- 2.1 You understand that all information, data, text, software, sound, graphics, messages or
other materials ("Content"), whether publicly posted or privately transmitted through the website or Products
or Services, are the sole responsibility of the person from which such Content originated. This means that
you, and not FilmOrbit, are entirely responsible for all Content that you post, transmit or otherwise make
available via the Service. FilmOrbit does not control the Content posted via the website or Products or
Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand
that by using the Website or Products or Service, you may be exposed to Content that is offensive, indecent
or objectionable. Under no circumstances will FilmOrbit be liable in any way for any Content, including, but
not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as
a result of the use of any Content posted, transmitted or otherwise made available via the Service.
- 2.2 You acknowledge, consent and agree that FilmOrbit may access, preserve, and disclose your
account information and Content if required to do so by law or in a good faith belief that such access
preservation or disclosure is reasonably necessary to:
- a) Comply with legal process;
- b) Enforce the TOU;
- c) Respond to claims that any Content violates the rights of third-parties;
- d) Respond to your requests for customer service; or
- e) Protect the rights, property, or personal safety of FilmOrbit, its users and the
- 2.3 No advice or information, whether oral or written, obtained by you from or through the
Website or Products or Services or any person shall create any warranty not expressly stated herein.
- 3.1 The Services may allow you to interact with third party websites and web services
("Link(s)"). The Links are not under the control of FilmOrbit and FilmOrbit is not responsible for the
contents of any Links, including without limitation any link contained in a Link, or any changes or updates to
a Link. FilmOrbit is not responsible for any form of transmission received from any Link, nor is FilmOrbit
responsible if the Link is not working appropriately. FilmOrbit is providing these Links to you only as a
convenience, and the inclusion of any Link does not imply endorsement by FilmOrbit of the Link or any
association with its operators. You are responsible for viewing and abiding by any privacy statements and
parties (including advertisers) who support the Products and/or Services, including the delivery of and
payment for goods and services.
- 4.1 Except as warranted in this TOU, FilmOrbit expressly disclaim all warranties of any kind,
whether express or implied or statutory, including, but not limited to the implied warranties of
merchantability, fitness for a particular purpose, data accuracy, validity, integrity, currentness, adequacy &
completeness, and any warranties relating to non-infringement in the Products and/or Services.
- 4.2 FilmOrbit makes no warranty that the Products and/or Services will meet your requirements.
- 4.3 FilmOrbit shall be not responsible or liable for the authenticity, accuracy, completeness,
errors, omission, typographic errors, disruption, delay, interruption, failure, deletion, defect of any
information etc in this website or Products or Services or any part thereof.
- 4.4 FilmOrbit shall not incur any liability direct or indirect, to you or any third party, as
a consequence of non-functioning of any Product and/or Service belonging to any third party or FilmOrbit.
FilmOrbit shall not be responsible for any downtime of such equipment.
- 4.5 FilmOrbit shall not incur any liability, loss, claim, expense or costs in relation to any
unauthorized use of your credit card number or any misappropriation of payments due to use of any transaction
on the FilmOrbit website.
- 4.6 FilmOrbit does not warrant that the Products and/or Services will be uninterrupted,
timely, secure, or error free; nor does it make any warranty as to the results that may be obtained from the
use of the Products or Services or as to the accuracy or reliability of the Products and/or Services.
- 4.7 FilmOrbit clarifies that there is no warranty of title, authority or non-infringement in
the Products or Service. FilmOrbit makes no representations or warranties, either express or implied that the
research, development, marketing, distribution, use or sale of the Products or Services will not infringe any
patent, copyright or other right of any third party.
- 4.8 FilmOrbit makes no warranty regarding any service obtained or purchased through or from
any other service provider to whom FilmOrbit has provided a link through the Service or any transactions
entered into through the Service.
- 4.9 FilmOrbit will not be liable for any virus that may enter your system as a result of you
using the Products or Service. FilmOrbit makes no guarantees to you or third parties that the Products and/or
Services would be virus free. FilmOrbit will not be liable for any direct, incidental or consequential loss,
which may be caused to you as a result of your use of the Products and/or Services.
- 4.10 In the event the server or the Domain Name Server may need to be changed, reconfigured or
for any similar reason there is any delay, loss or damage to, the Service, or any data or information it is
agreed that FilmOrbit will in no circumstance be responsible for any such loss, delay or damage to You. It is
agreed that such events as mentioned above may cause you some inconvenience and/or damage, but at no point of
time will you hold FilmOrbit responsible for the inconvenience or damage caused to you.
- 4.11 FilmOrbit shall be neither responsible nor liable for any deficiency that may be caused to
your Service or any external pointing service that may be caused due to the change of your Registration
Information for any reason whatsoever. In the event you are planning of changing your Registration
Information, then you undertake to furnish this Registration Information to FilmOrbit at least 7 (seven) days
in advance of the days in which you are planning to make the actual changes to your Registration Information
and FilmOrbit is to be given at least 7 (seven) days before which FilmOrbit is to make the required changes in
order to provide you with the Service.
- 4.12 FilmOrbit shall not be held responsible for any loss or damage caused to you because of
the actions of any employee or any person who acts beyond his/her authority and who may be associated with the
Company now or in the future and who may have access to Registration Information relating to you.
- 4.13 FilmOrbit is not liable to keep any back up of the information loaded on the web space
provided by FilmOrbit. You will be solely responsible for the file backup. At no point of time will FilmOrbit
be responsible for any data losses.
- 5.1 You expressly understand and agree that:
- a) Your use of the website or products or services is at your sole risk. The products
and/or services are provided on an "as is" and "as available" basis. Filmorbit expressly disclaims all
warranties of any kind, whether express or implied, including, but not limited to the implied warranties of
merchantability, fitness for a particular purpose and non-infringement.
- b) Filmorbit makes no warranty that (i) the products and/or services will meet your
requirements, (ii) The products and/or services will be uninterrupted, timely, secure, or error-free, (iii)
The results that may be obtained from the use of the products and/or services will be accurate or reliable,
(iv) The quality of any products, services, information, or other material purchased or obtained by you
through the products and/or services will meet your expectations, and (v) Any errors in the products will be
- c) Any material downloaded or otherwise obtained through the use of the products and/or
services is done at your own discretion and risk and that you will be solely responsible for any damage to
your computer system or loss of data that results from the download of any such material.
- d) No advice or information, whether oral or written, obtained by you from FilmOrbit or
through or from the products and/or services shall create any warranty not expressly stated in the TOU.
- e) A small percentage of users may experience epileptic seizures when exposed to certain
light patterns or backgrounds on a computer screen or while using the service. Certain conditions may induce
previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If
you, or anyone in your family, have an epileptic condition, consult your physician prior to using the
service. Immediately discontinue use of the service and consult your physician if you experience any of the
following symptoms while using the service -- dizziness, altered vision, eye or muscle twitches, loss of
awareness, disorientation, any involuntary movement, or convulsions.
- 5.2 You agree that FilmOrbit, their employees, directors etc., shall not be liable for any
direct, indirect, incidental, special or consequential damages, (including, but not limited to, damages caused
by any virus, personal injury, loss of profits, data, business interruption, loss of privacy, or any other
pecuniary loss) resulting from the use/delivery/performance or the inability to use/deliver/perform the
Products and/or Services or for cost of procurement of substitute goods and repair & correction services or
resulting from the Service subscribed to or obtained or messages received or transactions entered into through
or from the Products and/or Services or resulting from unauthorized access to or alteration of your
transmissions or data, even if FilmOrbit has been advised of the possibility of such damages.
- 5.3 You agree that FilmOrbit shall not be liable for any damages arising from interruption,
suspension or termination of Service, including but not limited to direct, indirect, incidental, special,
consequential or exemplary damages, whether such interruption, suspension or termination was justified or not,
negligent or intentional, inadvertent or advertent.
- 5.4 In no event will the liability of FilmOrbit for any claim, whether in contract, tort, or
any other theory of liability, exceed the greater of the amount actually paid by you for subscribing to
the Service, if applicable.
- 6.1 You represent and warrant that:
- a) You are eighteen (18) years of age or older or that, if you are under 18 years of age,
you are accompanied and directly supervised by a parent or legal guardian. If you are under 18 years of
age, please do not access the website without your parent or legal guardian directly supervising you. You
agree that, if your computer, internet-enabled device, internet connection, and/or facilities (whether
owned, leased, or borrowed) access or assist users in accessing the website, products or services, you
will not allow or assist, knowingly or unknowingly, children under 18 years old to access the website,
products or services except while directly supervised by a parent or legal guardian. You agree that, if
you do allow or assist children under 18 years old to access the website without a parent or legal
guardian directly supervising them with your computer, internet-enabled device, internet connection,
and/or facilities (whether owned, leased or borrowed), you will assume full liability for any consequences
and that under no circumstances, including, but not limited to, negligence, will FilmOrbit, any third
party content provider, or their respective agents be liable for any direct, indirect, incidental,
special, or consequential damages arising from the use of or inability to use the website by users under
18 years of age, even if such party has been advised of the possibility of such damages.
- b) You possesses the legal right and ability to enter into this Agreement, and
- c) The performance of the obligations and use of the Products and/or Services by you and
your customers and users will not violate any applicable laws, regulations or cause a breach of any
agreements with any third parties or unreasonably interfere with other FilmOrbit customers' use of the
Services. You assume all risks related to processing of transactions related to electronic commerce.
- 6.2 In the event of any breach of any of the foregoing warranties, in addition to any other
remedies available at la w or in equity, FilmOrbit will have the right, in its sole discretion, to suspend or
terminate immediately any Services.
- 6.3 You agree to indemnify and hold FilmOrbit harmless from any claim or demand, including
reasonable attorney's fees, made by any third party due to or arising out of:
- a) Your use of this Website, Products, Services, or the violation of this TOU, any
intellectual property or any other right of any person or entity by you.
- b) The violation of or due to any acts or omissions of any of the terms and conditions of
this TOU or the agreement between you and the end users
- 7.1 Products, including technical data, is subject to Indian export control laws, and may be
subject to export or import regulations in other countries. You agree to comply strictly with all such
- 7.2 Any waiver by FilmOrbit of any default or breach hereunder shall not constitute a waiver
of any provision of this TOU or of any subsequent default or breach of the same or a different kind.
- 7.3 Any delay on the part of FilmOrbit in exercising any right shall not operate as a waiver
of, or impair, any such right. No partial action shall preclude any other or further exercise of any other
- 7.4 This TOU is governed by the laws of India. You consent to the exclusive jurisdiction and
venue of courts in Mumbai, India in all disputes arising out of or relating to the use of this Website or
Products or Services. Use of this website is unauthorized in any jurisdiction that does not give effect to
all provisions of this TOU, including without limitation, this paragraph.
- 7.5 If any part of this TOU is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the remainder of the TOU shall continue in
- 7.6 This TOU constitutes the entire agreement between You and FilmOrbit with respect to
Products and/or Services and it supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written between with between You and FilmOrbit respect to Products and/or Services.