End User Agreement
CHANGES TO TERMS OF EULA
EPIC MAY CHANGE THE TERMS OF THIS EULA AT ANY TIME AND SUCH CHANGES SHALL BE EFFECTIVE IMMEDIATELY. YOU ARE RESPONSIBLE FOR REVIEWING THE EULA BEFORE EACH USE OF THE SOFTWARE. YOUR CONTINUED USE OF THE SOFTWARE PRODUCT AFFIRMS YOUR AGREEMENT TO THE REVISED EULA. THE MOST CURRENT VERSION OF EULA WILL SUPERSEDE ALL PREVIOUS VERSIONS. YOUR USE OF THE SOFTWARE AND/OR SERVICES AFTER CHANGES ARE MADE MEANS THAT YOU AGREE TO BE BOUND BY SUCH CHANGES. AS SUCH, YOU SHOULD REVIEW THE LICENSE AGREEMENT PERIODICALLY.
Certain words in this EULA have a specific meaning and are explained below for Your easy understanding: 1. Subscription Package: A combination of one or multiple LIVE TV channels, if any, on demand TV shows, TV Shows, movies, music, Content or any other information or entertainment based content priced at a specific amount decided by EPIC 2. Subscriber: An User (You) agreeing to EULA for availing the Services 3. Subscriber Account: Personal subscription account with EPIC-ON for carrying out all the transactions 4. Special Partner Packages: A combination of one or multiple LIVE TV channels, if any, TV shows, movies, music, Content or any other Information or entertainment based content, priced as may be decided by EPIC, intended for product promotion 5. A La Carte: List of Individual LIVE TV channels, if any, TV shows, movies, music, Content or any other Information or entertainment based content, priced independently from which a subscriber can select Content 6. LIVE TV channel: Station streaming LIVE feed of a Television Channel (However, in the mentioned LIVE Feed, if any, there would be a 5 to 10 seconder or more delay, which is as per the industry norms) 7. VOD Channel : Station steaming a collection of audio-visual films, at times in loop 8. Day: 24 hour period from 00:00:00 hours to 23:59:59 hrs. 9. Force Majeure Event: shall mean any reason or cause beyond the control of EPIC including but not limited to an act of God including fire, flood, windstorm or other natural disaster; failure of communications, equipment, machinery; transmission limitations / problems caused by topographical, geographical, atmospheric, hydrological, environmental conditions and / or such other factors / features / conditions, system(s) changes or capacity limitations for reasons of upgradation, variations, installation, relocations, repairs, operation and / or maintenance of systems / equipment / the service; breach of contract by any content and / or technology partner(s) of EPIC; threat to the security of EPIC Personnel; theft, tampering with or damage to EPIC and its technology partner property or facilities. 10. Account Balance: Current available amount in subscriber account 11. Recharge Voucher : A paper voucher or electronic PIN through which account can be recharged or topped up 12. Registered Mobile Number: Mobile phone number (if required) submitted at the time of Sign Up / Registration 12A. Registered Email Address: Email Address submitted at the time of Sign Up / Registration 13. Subscription Fee: The amount paid by User to receive the Service 14. Service: audio-visual film Streaming Service provided on EPIC-ON on select electronic devices, as may be decided by EPIC from time to time 15. We, Us, Our or EPIC-ON : EPIC and its successors and assigns 16. You or Your : Party named during Registration or Sign Up 17. Subscriber Account: Account created by Subscriber by subscribing to the Services as per the subscription process laid down by EPIC
APPLICATION DOWNLOAD AND INSTALLATION
- EPIC-ON as an application has to be downloaded by the User onto to his / her/its EPIC-On ready/selected device in order to avail the services
- Download procedure of the application needs to be based on the Operating System (on which Sotware may operate) of Your device
- You need to have an Internet Connection to the selected device for the download to begin and complete
- We would not be responsible in case of any fluctuation in the Internet Connection speed leading to corrupt application file download
- At any given point of time, Your device has to be connected to Internet to avail the services of EPIC-ON. You would be charged separately for the Internet Connection and the charges will depend on your plan subscribed from the Internet Service Provider. We would not be held responsible in case of any issues pertaining to the Data charges applicable.
- We shall not be responsible or liable to You for interruption, disruption, deactivation of Service after Installation in any event including for reason of force majeure event.
- The application can be accessed by the same user on such number of devices as may be decided by EPIC from time to time.
- The Software product is compatible on selected Operating Systems (OS) and devices 9. We may, at our sole discretion, make bug fixes, updates etc. for the installed application.
SUBSCRIPTION AND SERVICES
- Unless You Provide a valid Mobile Number and/or e-mail address (as may be required by EPIC) at the time of Sign Up / Registration, the Service will not be activated.
- EPIC reserves the right to reject any Sign Up / Registration without assigning any reason
- By submitting the registration form, You acknowledge that You are fully informed about the Service, have read, understood and agree to be bound by all provisions of EULA and have only thereupon opted to subscribe to the Service. No change by You to any information in the Registration Form shall be valid unless communicated by You and accepted by Us in accordance with the subscription terms.
- You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of EPIC service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms.
- You further acknowledge and agree that by taking any actions or allowing any actions to be taken on Your behalf by Your Authorised Representative under these terms, including without limitation, choosing a Package, accepting the Service and utilizing Recharge Vouchers etc. You accept to be bound by the terms and conditions of EULA.
- You may view Content through the Service primarily within the country in which you have established your account and only in geographic locations where We offer our Service and have licensed such Content. The Content that may be available to watch will vary by geographic location. EPIC will use technologies to verify your geographic location. THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH IS LIMITED. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.
- You are responsible for the security and proper use of Your username and password and for all transactions undertaken using your Username and password in this section. It is Your responsibility to change Your password immediately if You believe it has been compromised. EPIC will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of Your Username and password and/or Your credit card/debit card/net banking account number and other details. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your Account, if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify EPIC of any unauthorized use of your Account. EPIC may collect information such as occupation, language, pincode, area code, unique device identifier, location, and the time zone where the Services are used and may use these to target advertising and make content recommendations
- The Service, and any content viewed through our service, are for your personal and non-commercial use only. During such time You hold valid Subscription Account with Us, we grant you a limited, non-exclusive, non-transferable, license to access the Service and view Content through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to You. You agree not to use the service for public performances.
- We continually update the Service, including the content library. In addition, We continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of Content, delivery and pricing. We reserve the right to, and by using Service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
- You agree to use the Services, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Service or Content therein.
- The availability of Content to watch will change from time to time, and from country to country. The quality of the display of the streaming Content may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD and Ultra HD (if available) availability is subject to your Internet service and device capabilities. Not all content is available in HD or Ultra HD and not all plans may allow you to receive HD or Ultra HD content. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content, which is defined as 720p or better. A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD content, which is defined as resolution greater than 1080p. Please check with your Internet provider for information on possible Internet data usage charges. EPIC makes no representations or warranties about the quality of your watching experience on your device. The time it takes to begin watching a Content will vary based on a number of factors, including Your location, available bandwidth at the time, the Content You have selected and the configuration of Your Software ready device.
- EPIC may terminate or restrict your use of Service, without compensation or notice if you are, or if we suspect that You are (i) in violation of any of these Terms or (ii) engaged in illegal or improper use of the Service.
- The Service may or may not carry advertisements, and EPIC reserves the right to decide on the same
- 14. EPIC shall be entitled to verify the registration details and other compliances with the subscription terms and the intellectual property rights of any party. In the event that We detect any violation of these Terms or any intellectual property rights utilizing fingerprinting or any other mechanism or system deployed by Us or by Our authorized representatives, then such fingerprinting or other mechanism or system shall be acceptable to You and any findings of contractual or intellectual property violations and / or violations of any other law/s through the use of fingerprinting or other method presented before the relevant authority shall be treated as conclusive proof of any such violation.
- You understand and permit and agree that you want / allow / can avail SMS, email, telephone call or any other means or services / communication, and that the said service / communication shall be availed in such options as are made available by EULA from time to time.
- SOME CONTENT OFFERED ON THE SITE MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE SITE MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. IF YOU ARE UNDER 18 YEARS OF AGE or your co-viewer is below 18 years, YOU MAY VIEW THE CONTENT ONLY WITH PRIOR CONSENT OF YOUR PARENTS AND/OR LEGAL GUARDIANS. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON EPIC-ON.
- By using our Service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Service. If Your EPIC-ON ready device is sold, lost or stolen, please deactivate the EPIC-ON ready device. If you fail to log out or deactivate your device, subsequent users may access the Service through your account and may be able to access certain of your account information. To deactivate a device, follow instructions on the "Your Account" page of our website.
- The Content contained in the Services including but not limited to on website(s) and Software is protected by copyright, trademark, patent, trade secret and other laws, and shall not be used except as provided in these Terms and Conditions, without the written permission of EPIC.
- You agree that EPIC has the right to temporarily suspend access to the whole or any part of the Services for any technical/operational reason and shall be under no liability to You in such an event. EPIC may, but shall not be obliged to, give You as much notice of any interruption of access to the Services as is reasonably practicable. EPIC will restore access to the Services as soon as reasonably practicable after temporary suspension.
- You agree that EPIC shall be under no liability whatsoever to You in the event of non-availability of the Software/Content or any portion thereof occasioned by Force Majuere.
- You acknowledge and agree not to either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, violate, or circumvent any patent; trade secret; copyright, trademark, or other proprietary notice marked on the Content or any digital rights management mechanism or device; any content protection or access control measure associated with the Content, including geo-filtering mechanisms; privacy; publicity; or other proprietary right under applicable law.
- You agree not to either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content or create any work or material that is derived from or based on the Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered, or given away.
- You agree that EPIC and/or its affiliates or licensors owns and/or retains all rights to the Services and the Content throughout the territory of the world in perpetuity. You further agree that the Content You access and view as part of the Services is owned or controlled by EPIC, its affiliates and or its licensors. The Services and the Content are protected by copyright, trademark, and other intellectual property laws.
- Except as provided in these Terms (or otherwise expressly provided by EPIC), you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use any Content contained in the Services. You further agree not to use the Services to:
- Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
- Harass or harm another person;
- Exploit or endanger a minor;
- Impersonate or attempt to impersonate any person or entity;
- Violate any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary right;
- Introduce or engage in activity that involves the use of viruses, software disabling codes, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software, applications and/or any element comprising the Site, the application for accessing the Content, or the EPIC Services; - Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the EPIC Services, including EPIC’s servers, networks or accounts;
- Cover, remove, disable, manipulate, block or obscure advertisements or other portions of the EPIC Services or the Content;
- Delete or revise any information provided by or pertaining to any other user of the EPIC Services.
-Use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the EPIC Services, or to circumvent, delete, deactivate, decompile, reverse engineer, disassemble or modify any security technology or software that is part of the EPIC Services or the Site;
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the EPIC Services. If you do so, you acknowledge you will have caused substantial harm to EPIC, but that the amount of harm would be extremely difficult to measure;
- Solicit, collect or request any personal information for commercial or unlawful purposes;
- Post, upload or otherwise transmit an image or video of another person without that person’s consent;
- Engage in commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the Content; or building a business using the Content) without EPIC’s prior written consent;
- Use technology or other means to access, index, frame, or link to the Site (including the Content) that is not authorized by EPIC;
- Access the Site/application/Service (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Site and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
- Use the Services to advertise or promote competing services;
- Use the Services in a manner inconsistent with any and all applicable law;
- Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.
- You agree that Your use of the Services and the Content may give you the opportunity to view, publish, transmit, submit posts and/or comment in accordance with these Terms and Conditions. You agree that You will not misuse the Content and/or other user material You access and view as part of the Service, including without limitation, download/store the Content by illegal/non-permitted means, or infringe any of EPIC’s/ or its licensor’s copyright, trademark design, patent, and other intellectual property including any rights of EPIC or its licensors subsisting in the Content. You further agree that you will not copy/record/edit/modify any of the Content You access and view as part of the Service, for any purpose, and/or copy/record/edit/modify any Content including video, images etc., by using any means including software, spyware, etc., for any purpose whatsoever.
- You further agree that You shall not post, publish, transfer, upload, transmit or submit any of the Content, including without limitation videos, images, comments, User Material (defined below) or articles, of the Site on any other website, webpage or software, whatsoever which is not owned by EPIC.
- In case the Site allows You to download or stream any of the Content therein, You agree that You will not use, sell, transfer or transmit the Content to any person or upload the Content on any other website, webpage or software, which may violate/cause damages or injuries to any rights of EPIC or its affiliates or any third party including privacy rights, publicity rights, and intellectual property rights.
SOFTWARE LICENSE GRANT
EULA contains details on your limited right and license to use the Software solely in connection with your use of the Service.
The Software contains material that is protected by copyright and other applicable intellectual property laws in the India and other territories and by international treaty provisions. The Software is licensed, not sold or given, to You by EPIC for use only under the terms of EULA and all rights not specifically granted to you herein are reserved to EPIC and to any third party with ownership rights in software and documentation used in the Software. You may not remove any proprietary notice of EPIC or any other party from any copy of the documentation. The rights granted under the EULA include any Software upgrades that replace and/or supplement the original Software.
Even though copies of the Software Product may be provided on media of different formats, copies of the Software Product on different media formats do not constitute multiple licenses to the Software Product. If the Software Product is licensed as a suite or bundle with more than one specified Software product, this EULA applies to all such specified Software products, subject to any restrictions or usage terms specified on the applicable product packaging that applies to any of such Software products individually.
Grant of Limited License. EPIC grants you (which, for purposes of this EULA, shall include members of your immediate household for whom you will be responsible hereunder and users of the EPIC-ON ready device with which you are accessing the Service and for whom you will be responsible hereunder) a non-exclusive, non-transferable, limited, personal license, subject to and conditioned on Your compliance with the restrictions set forth in this EULA, to install and use the Software, in object code form only, provided to You by or on behalf of EPIC in connection with Your use of the Service.
The license grant above includes the right to use documentation accompanying the Software for the sole purpose of using the Service and that (i) the Software is installed on only the number of EPIC-ON ready devices authorized by EPIC; (ii) the Software shall NOT be modified; (iii) all copyright notices are maintained on the Software; and (iv) you agree to be bound by all the terms of this EULA.
The Software is only for your own personal, non-commercial use and not for use in the operation of a business or service bureau, for profit or for the benefit or any other person or entity.
As a condition of the limited license for the Software granted to you in this EULA, except as and only to the extent expressly permitted in this EULA or by applicable law which cannot be waived by this EULA, you may NOT:
- publish, display, disclose, rent, lease, modify, loan, distribute or create derivative works based on the Software or any part thereof;
- copy, decompile, reverse engineer, disassemble, translate, adapt or otherwise reduce the Software to human readable form;
- attempt to create the source code from the object code of the Software;
- transmit or make the Software available over a network where it could be used by multiple computers or EPIC-ON ready devices at the same time;
- make any third-party software contained in the Software a standalone product;
- take any action that will infringe on the intellectual property or other proprietary rights of EPIC or any third party software provider;
- sublicense or assign the Software;
- view any Content provided by EPIC or its suppliers anywhere other than within the country or location authorized by EPIC ("Territory"); and
- instantly watch Content outside of the Territory, and EPIC may use technologies to verify your compliance.
If you "uninstall" the Software, you will no longer be able to use the Software to view Content on that EPIC-ON ready device.
No ownership rights: You have no ownership rights in any Software. Rather, you have a limited license to use the Software as long as this EULA remains in effect. Ownership of the Software and all intellectual property rights therein shall remain at all times with EPIC and/or its licensors. Any other use of the Software by any other person, business, corporation, government or any other entity is strictly prohibited and is a violation of this EULA. You may not use the Software Product as part of a facility management, timesharing, or service bureau arrangement. If you transfer possession of any copy of the Software Product and/ or documentation to another party, Your EULA is automatically terminated. All rights not expressly set forth hereunder are reserved by EPIC. EPIC reserves the right to periodically conduct audits upon advance written notice to verify compliance with the terms of this EULA.
Your ability to use the Service is subject to your system compatibility with our Software as such requirements may change from time to time. Compatibility of system requirements with the Software is Your responsibility.
Third Party Content/Third Party Software
Software: There are software programs contained within the Software that have been licensed to EPIC by third parties. The term "Software" as used herein shall refer to such third party software except where the term Software refers expressly to the ownership or other specific rights of EPIC. The same terms and conditions, including all limitations and restrictions, set forth in this EULA apply to each third party software program contained in the Software. Certain software programs specified in the licenses referenced hereinafter below may contain additional grants and/or restrictions.
Upgrading the Software
EPIC may issue you an upgraded version of the Software automatically upon an instance of Your use of the Software or the Service or otherwise in connection with Your use of the EPIC ready device. Alternatively, EPIC may require You to consent to an upgrade to the Software ("Software Upgrades") before using, installing or accessing the Software. If you decline the Software Upgrades, you may not be able to use or access the Software or the Service.
Consent to Use of Data
Export Law Assurances
You may not use or otherwise export or re-export the Software except as authorized by Indian law and the laws of the jurisdiction in which the Software was legally obtained or authorized by EPIC. In particular, but without limitation, the Software may not be exported or re-exported (a) into (or to a national or resident of) any Indian embargoed countries. By using the Software, you represent and warrant that you are not located in any such country or on any such list.
If you have downloaded any Software from the Apple iTunes Application Store, the following additional terms apply to such Software:
- a. You agree and acknowledge that Apple is not responsible for the Software and its content. In addition, your use of such Software downloaded from such location is limited to a non-transferable license to use the Software on any Apple branded products running iOS (including but not limited to iPad, iPhone, and iPod touch) ("iOS Devices") or Mac OS X ("Mac Computers"), as applicable (collectively "Apple Device(s)") that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. Moreover, we hereby inform you and you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
- Apple has no warranty obligation with respect to the Software and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty set forth in this EULA. Please note that EPIC has disclaimed all warranties.
- Apple is not responsible for addressing any claims relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Apple is not responsible for any third-party infringement claims that the Software or your possession and use of the Software infringe a third party's intellectual property rights.
- Third Party Beneficiary: EPIC and You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this EULA with respect to any such Software, and that Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof as set forth herein.
Action taken in connection with the above may affect Your ability to use the Service and/or view and access Content
EPIC Copyright Notice
© 2015 Epic Television Networks Pvt. Ltd. All content herein is protected by copyright and other applicable intellectual property laws in India and other territories and may not be modified, copied or used in any manner without the express permission of EPIC, which reserves all rights. Reuse of any of the Content for any purpose without the permission of EPIC is strictly prohibited.
You agree and acknowledge that Facebook has no responsibility or liability for the Software and its content.
The Content may ontain technology manufactured under license from Dolby. "Dolby" is a trademark of Dolby Laboratories.
Microsoft - General
This product contains technology subject to certain intellectual property rights of Microsoft. Use or distribution of this technology outside of this product is prohibited without the appropriate license(s) from Microsoft.
- You must pay subscription fees as may be decided by EPIC from time to time to subscribe to Our Service. Payment shall be made in the manner prescribed.
- Package Migration: You may be permitted to change Your Package from Your existing Package to another Package offered by Us as per the relevant terms and conditions prescribed by Us from time to time.
- You will be liable to pay the applicable charges for the requested Package and such charges shall be effective from the date of migration to the said Package.
- Upon required notice to You, We reserve the right, at any time, without liability to You to: (i) replace or otherwise withdraw Packages or Content, (ii) change or reduce the number of hours of any Content; (iii) blackout any Content; (iv) modify the prices for the Service or any part of the Service.
- We reserve the right to change Packaging and introduce Base and Add On packages and/or offer Content on a-la-carte basis.
- You acknowledge and agree that some of the Content provided by Us as part of the Service may be supplied by other parties and availability of Content is outside Our control.
- We reserve the right to refrain from providing to You any Content in the interest of national security or in the event of emergency / war or similar situation or if the Content is anti-national, promotes political / religious propaganda, is against public policy, is banned or restricted from being distributed under any applicable Law or We otherwise determine that it is objectionable or obscene or is derogatory to any person or class of persons, hurts the religious sentiments of any religious group or infringes the privacy rights of any individual(s) or is not in the interest of Our subscribers or the general public.
- The facility for online payment/s through credit card/debit card/ net banking account is available for select credit card, debit card and net banking account only.
- In a credit card and/or debit card and/or net banking transaction/s, the User/Customer must use his/her own card. EPIC will not be liable for any credit card or debit card or net banking fraud. You are requested to communicate all grievances related to such issues to Your Bank/ credit card or net banking account supplier. EPIC will not entertain or address any such grievances or issues.
- You confirm that You are aware of the fact that when making any online payment through credit card/debit card/ net banking account, You may be directed to the payment gateway page as per the subscription policy. The payment gateway may redirect You to other website(s) maintained or controlled by third parties and We do not control such third party website/s and are not responsible for any transactions on such website/s.
- Payments made online by credit card /debit card/ net banking will not be refunded.
- EPIC shall not be responsible for all or any dispute or difference relating to online payment made by You through credit card/debit card/ net banking account
- Ongoing Subscription. Your Account, may be provided a free trial, and may continue for such time as EPIC may decided. We will bill the monthly/annual subscription fee to You. You must cancel your Account before it renews each month in order to avoid billing of the next month's fees.
- You will not receive a notice from us that your free trial period has ended or that the paying portion of your subscription has begun. We will continue to bill you as per subscription plan until you cancel.
- Billing. By activating your Account you authorize us to charge you a subscription fees at the then current rate, and any other charges you may incur in connection with your use of the Service to You. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge You through agreed payment gateways for such varying amounts, which may be billed as per subscription plan.
- Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion.
- No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.
- You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. EPIC reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. EPIC is not obligated to credit or discount a membership for holds placed on the account by either a representative of EPIC or by the automated processes of EPIC-On.
- This EULA is perpetual subject to payment of all applicable subscription fees as per the prescribed payment terms through prescribed payment method from the time you register yourself for the Service. This EULA will automatically terminate if payment of renewal fees is not made. This EULA will terminate automatically if you fail to comply with any of the limitations or other requirements described herein, and such termination shall be in addition to and not in lieu of any criminal, civil or other remedies available to EPIC.
- You may terminate it at any time by removing the Software Product from the device and documentation/Content together with all copies in any form. When this EULA terminates, you must immediately cease using the Software Product and destroy all copies of the Software and related documentation/Content.
USER REVIEWS, COMMENTS AND OTHER MATERIAL
You may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") only reviews or comments (collectively, " User Material"). As it concerns User Material, without prejudice to your obligation to otherwise comply with applicable laws during the course of using the Services, you agree to hereby comply with any and all applicable laws, as well as any other rules and restrictions that may be set forth herein or on the Site or Services or Software.
You agree that EPIC shall have the right but have no obligation, to monitor User Material and to restrict or remove User Material that EPIC may determine, in its sole discretion, is inappropriate or for any other reason. You acknowledge that EPIC reserves the right to investigate and take appropriate legal action against anyone who, in EPIC’s sole discretion, violates these Terms, including, but not limited to, terminating their account and/or reporting such User Material, conduct, or activity, to law enforcement authorities, in addition to any other available remedies under law or equity. In addition to the restrictions set forth above, you must adhere to the below terms and conditions and not host, display, upload, modify, publish, transmit, update or share any information /material/User Material that:
- belongs to another person and to which You do not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- harms minors in any way;
- infringes any patent, trademark, design, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. You also represent and warrant that the Posting of Your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights.
You acknowledge that the User Material is not confidential and that you have no expectation of privacy in it.
By posting the User Material, You hereby grant EPIC a license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material worldwide, including on or through any property, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license You grant to EPIC is non-exclusive, royalty-free, irrevocable, and sub licensable. Additionally, EPIC is free to use any ideas, concepts, know-how, or techniques contained within such User Material for any purpose, including, but not limited to, developing, manufacturing, marketing, and providing commercial products and services, including the Services. EPIC’s use of such User Material shall not require any further notice of attribution to you and such use shall be without requirement of any permission from or any payment to you or any other person or entity. You hereby agree and confirm that the provisions of section 19(4) of the Indian Copyright Act, 1957, shall not apply to this license.
In no event does EPIC assume any responsibility or liability whatsoever for any User Material, and You agree to waive any legal or equitable rights or remedies You may have against EPIC with respect to such User Material.
If you have any complaints relating to any third party User Material uploaded on the Site, then please contact:email@example.com. Your email, which must bear your digital signature or a signed written complaint, should include the following information:
Details of the objectionable User Material;
Details of the basis of the objection;
What relief is being requested;
All other relevant information required by EPIC to assess the complaint.
LINKED DESTINATIONS AND ADVERTISING
Part of this Site/Service/Software/Content contains advertising and other material submitted to us by third parties and/or links to third party sites and third party content. Although display of advertisements on the Site/ Service/Software/Content on request is subject to our terms and conditions, we expressly disclaim any liability arising out of the usage or viewing of these products or services advertised on our Site/ Service/Software/Content or the (third party) content made available / hosted on the third party sites. You agree and acknowledge that EPIC does not endorse or sponsor such third party sites, content, advertising or other material. This Site/ Service/Software/Content may contain articles contributed by several individuals. The views are exclusively their own and do not represent the views of EPIC, affiliates and/ or its management. All liability in respect of the above is excluded to the extent permitted by law including any implied terms. Indian law and jurisdiction applies with respect to contents of this Site/ Service/Software/Content. While using this Site/Software/Service/Content for information purposes or otherwise, users acknowledge and accept the above disclaimer.
- The Subscription Contract does not authorise You to receive any VOD Content automatically. If You subscribe to any VOD Content, such subscription will be subject to the terms specified by Us from time to time.
- Showcase Events must be subscribed to and cancelled as per the time limits specified by Us from time to time.
DISCLAIMER OF WARRANTIES
THE SITE, APPLICATION, SERVICES, SOFTWARE AND CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EPIC EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. EPIC MAKES NO WARRANTY THAT THE SITE/SOFTWARE, APPLICATION, SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS, WILL OPERATE IN THE COMBINATIONS YOU MAY SELECT FOR EXECUTION OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. EPIC MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SITE, APPLICATION OR SOFTWARE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SOFTWARE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EPIC OR THROUGH THE SITE, APPLICATION, SERVICES OR SOFTWARE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SOFTWARE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SOFTWARE OR SERVICES. YOU UNDERSTAND THAT EPIC MAY NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE, APPLICATION OR SOFTWARE OR SERVICES, AND EPIC MAY NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SOFTWARE OR SERVICES, OR TO REVIEW THEIR UPLOADED CONTENT. YOU ACKNOWLEDGE THAT CONTENT POSTED BY ANOTHER USER IS NOT EPIC'S RESPONSIBILITY AND THAT SUCH CONTENT MAY BE OFFENSIVE OR HARMFUL TO YOU. EPIC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SOFTWARE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SOFTWARE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SOFTWARE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SOFTWARE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER EPIC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SOFTWARE, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SOFTWARE, SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EPIC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL EPIC'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SOFTWARE, SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO EPIC FOR USE OF THE SITE, APPLICATION, SERVICES OR CONTENT, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT PAID ANY AMOUNTS TO EPIC, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SPUUL AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THAT CASE, EPIC'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EPIC DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, OF LACK OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE SOFTWARE PRODUCT. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE PRODUCT/SERVICES/CONTENT. THE ENTIRE RISK OF THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT/CONTENT, IF ANY, REMAINS SOLELY WITH YOU (AND NOT EPIC NOR ANY RESELLER OF SOFTWARE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS EPIC-ON, 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 ATTORNEYS’ FEES) ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE SERVICES; (II) YOUR VIOLATION OF ANY TERM OF THESE TERMS AND CONDITIONS; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY PUBLICITY, PRIVACY, OR INTELLECTUAL PROPERTY RIGHT; (IV) YOUR BREACH OF ANY APPLICABLE LAWS; AND (V) ANY UNAUTHORIZED, IMPROPER, ILLEGAL OR WRONGFUL USE OF YOUR ACCOUNT BY ANY PERSON, INCLUDING A THIRD PARTY, WHETHER OR NOT AUTHORIZED OR PERMITTED BY YOU. THIS INDEMNIFICATION OBLIGATION WILL SURVIVE THE EXPIRY OR TERMINATION OF THESE TERMS AND CONDITIONS AND YOUR USE OF THE SERVICE.
HIGH RISK ACTIVITIES
The Software Product is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Software Product could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). EPIC expressly disclaims any express or implied warranty of fitness for High Risk Activities.
You can not assign or transfer these Terms, by operation of law or otherwise, without EPIC's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. EPIC may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, personal representatives and permitted assigns
DEACTIVATION AND CANCELLATION OF SERVICE
We reserve the right to deactivate or cancel Your Service if at any time any license, permission or authorisation necessary for Us to operate the Service is revoked or suspended. We may cancel Your Service at any time if, in Our sole discretion, We determine that You:
- are in breach of any provision of the subscription terms;
- have acted in a manner that is inappropriate;
- copy, redistribute, relay, re-broadcast, or transmit the Service and/or recordings made via Your Device in an unauthorised manner or otherwise allow the interception of the Service and/or recordings made via Your device by any equipment which would allow unauthorised viewing of the Content.
- permit or allow the viewing of Content certified for adult viewing by minor/s;
- sell or make any charge for the viewing of the Service and/or any recordings including those made via Your device; (g) use in any manner whatsoever any of Our proprietary rights such as trademarks, service marks, logos, trade names and any other proprietary designations of EPIC.;
- For the purpose of promotional activities and various alliances, EPIC may offer valued EPIC-ON services free of charge or gifted at special prices to valued customers.
- You may be eligible to avail of such promotional or gift packages and offers only once during its valid period. Any user attempting to reuse a promotional voucher / offer, or activating multiple vouchers by tampering with the voucher system, is liable to have his/her services revoked or rolled back to a previous valuation at EPIC's discretion and without prior notice.
- Under no circumstances and under no legal theory, whether in tort, contract, or otherwise, shall EPIC be liable to you or to any other person or entity for any indirect, special, incidental, remote or consequential damages or losses arising from any action on behalf of EPIC to prevent misuse of promotional or special alliance offers.
- In case of SMS based activities, EPIC bears no liability to you or to any other person or entity for losses or billing and/or deductions from a telecom operator to you for such SMS sent for any EPIC-ON services, offers or otherwise.
- EPIC reserves the right to revoke or amend the services offered by such special offers and vouchers at any time at its discretion without prior notice.
PROMOTIONAL / SPECIAL OFFERS & GIFT VOUCHERS: TERMS & CONDITIONS
If You have any questions, complaints or claims with respect to the Site and/or Services, then such correspondence should be directed to the address as given below.
EPIC Television Networks Private Limited
The contact information – firstname.lastname@example.org
The relationship between You and EPIC shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of Your use of the Services. Notwithstanding the foregoing, You agree that (i) EPIC has the right to bring any proceedings before any court/forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum and (ii) any proceeding brought by You shall be exclusively before the courts at Mumbai, India.
If any provision of these Terms and Conditions of EULA is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.
You acknowledge that Your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law, confidentiality shall survive the efflux of time and the termination of these Terms.