Terms of Use Last updated: 19th February 2024 This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and various other statutes. This electronic record is generated by a computer system and does not require any physical or digital signatures. This is a legal and binding agreement between you, the user ("User" or "You") of the Services, as defined below, and No Barrier Foundation stating the terms that govern Your use of the Site (as defined below), as defined below. BY ACCEPTING THESE TERMS OF USE IN ANY MANNER OR ACCESSING THIS WEBSITE, YOU CONSENT, AGREE AND UNDERTAKE TO ABIDE, BE BOUND BY AND ADHERE TO THE TERMS OF USE and the Privacy Policy accessible at http://nobaflix.com/legal/user/terms.txt and http://nobaflix.com/legal/user/privacy-policy.txt respectively and any other terms which govern the Site (together referred to as "Terms of Use" or "Terms" or "Terms and Conditions") AND IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT ENTITLED TO AVAIL OF / USE THE SERVICES AND ANY USE THEREAFTER SHALL BE UNAUTHORISED. Description of Service and Acceptance of Terms of Use No Barrier Foundation is a Trust incorporated under the Indian Trust Act 1882, having its registered office at B002, Ambiance Caitriona, Behind Leela Hotel, NH-8, Gurugram, Haryana-122001, India. Thank you for downloading the Nobaflix application for your mobile device (the "App") an Not for profit initiative of No Barrier Foundation. The Nobaflix App is provided by No Barrier Foundation, ("Nobaflix", "we" "us" or "our"). These terms of service (these "Terms of Service") govern your ("you" "your" or a "user") access to and use of the [Nobaflix.com] website and its subdomains (collectively, the "Website"), the App, software and all services provided by Nobaflix via the App and Website (collectively, the "Services"). NoBaFlix enables you to download and play/Stream Audio-described versions of motion pictures and other types of video ("AD Content") on your compatible mobile device. Additionally Nobaflix application enables users to create profiles, upload identity card, request for verification as visually impaired, Sponsor etc for using different features available on the application/platform. Nobaflix is an OTT platform for hosting accessible content for the visually impaired created by No Barrier Foundation and other third parties like Gurudev Narain Foundation (a foundation working for the benefits of people with disability) hence the user of the AD content is restricted to visually impaired people only. So to ensure exclusive and smooth access by Visually Impaired people only Nobaflix has two step verification for the status as visually impaired. Nobaflix provides this second tier verification directly or system and method to engage multiple stakeholders like NGO’s, active Individuals and others to expedite this process of second step verification. Nobaflix also carries this verification as a service along with others. The services of Nobaflix can be hired on the application by any third party NGO who are our content partner to bring sustainability in accessibility. We are also open to partner with Original Content owners like film producers, copyright holders , studios to monetize their accessible content from targeted audiences. This application also allows corporate, individuals and others to join the movement but is restricted to sponsor sections of the application specially curated for them. The users can Sponsor the subscription for visually impaired users or sponsor content production through this channel and will be provided 80G certificate through partner No barrier Foundation or Our CSR funding Partner Gurudev Narain Foundation . These terms of service (as updated from time to time, the “Terms”) govern your access to and use of the Nobaflix Service (as defined below) and any sound recordings, videos, audio track, information, text, graphics or other content materials uploaded, downloaded or appearing on the Service whether utilised via the Nobaflix mobile app (the “App”) or via the Nobaflix website available at http://www.Nobaflix.com/ (the “Website”), (the Website and the App together the “Service”). Please read these Terms carefully before downloading or using the Service. By accepting these Terms, you agree to be bound by them. If you do not understand the Terms, or do not accept any part of them, then you should not use the Service. NobaFlix inter alia provides an online website 'www.nobaflix.com ' as an interactive platform for its viewers and any associated mobile sites, applications("Site") to inter alia view serials and programs, films, sports content including live sports content, trailers of upcoming serials, view videos and/or photos of their favourite characters on serials, read recaps of serials, international content including viewing schedules of content offered etc. on or through the Site and any other features, tools, applications, materials, or other services offered from time to time by NobaFlix in connection with its business, provided on or through the Site ("NobaFlix Content"). All such features of the Site collectively referred to as “Services”). The Content will be made available to You through different modes, at the discretion of No Barrier Foundation and content partners, including via video on demand basis for viewing at the User's discretion at a time chosen by You and download for offline viewing by You or through a separate standalone Site or mobile Application. In the case of downloadable Content, please note that: (a) the downloads are temporary in order to allow you to view the Content within a specified period of time and you shall not attempt to or actually make a permanent copy of the Content in any manner or form, and (b) not all Content may be available for download for offline viewing. Please note that the availability of, and Your ability to access, the Content or some part of Services, (a) is subject to NobaFlix's sole discretion and (b) may be dependent upon Your geographical location and (c) is on the condition that not all Content or Services will be available to all viewers. On account of the nature of the Internet, this Site and the Services may also be accessed in various geographical locations; and You hereby agree and acknowledge that You are accessing this Site and availing of the Services, at Your own risk, choice and initiative and You agree and undertake to ensure that Your use of the Site and the Services complies with all applicable laws including the local laws in Your jurisdiction. Further, such Services and Content may vary from place to place, time to time and device to device and would be subject to various parameters such as specifications, device, Internet availability and speed, bandwidth, etc. You agree and acknowledge that NobaFlix may monitor or use certain technologies for monitoring of activities, as separately explained in NobaFlix’s Privacy Policy. To facilitate Your viewership and access, the Services can be packaged by NobaFlix through different models such as, Content or Services may be accessible (a) free of charge which may include advertisements or commercials or (b) via subscription through payment of a subscription fee as per the relevant subscription plan selected or (c) a pay-per-view model with or without advertisements/commercials or (d) with a combination of the foregoing on the Site. Note that Some Content, when accessed, will show advertisements even where the subscription plan selected is an advertisement free plan. The Service can be availed through platforms, software and devices, which NobaFlix approves from time to time, the current list for which is as set out below ("Compatible System"). In some cases, whether a device is (or remains) a Compatible System may depend on software or platform provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible System at one time may cease to be Compatible System in the future. The NobaFlix applications work best with a minimum system requirement of: · Android 4.4.4 The NobaFlix applications is coming soon on · iOS 10.0 and above · AndroidTV - Android 7.1.1 and above. Subject to compatibility, You may be able to access the Services through mobile phones, tablets and other IP based connected devices or any Compatible System offered by a partner authorized by NobaFlix ("Partner").To access the Services at each instance, you would be required to undergo a verification process to verify your login credentials such as your phone number, by way of a one-time password which will be sent to you simultaneously or through whatsapp No OTP system. Use of the Services is subject to compliance with these Terms of Use. Unless otherwise specified, the Services are available for individuals who have attained the age of majority in their jurisdiction (18 years in the case of India).If You are under the relevant age of majority in Your jurisdiction, You may access the Site and the Services under the supervision of an adult and in accordance with applicable law which enables a minor in your jurisdiction to access such a service. The Services include a section that exclusively provides access to only children-friendly content. However, in all cases, only persons of the age of majority are allowed to register any account on the Site and Services and will always be responsible for the operation of any such account. NOBAFLIX MAY CATEGORIZE AND CLASSIFY CERTAIN CONTENT AND PROVIDE DISCLAIMERS WITH RESPECT TO THE CONTENT, FOR VIEWERS TO CHOOSE SUCH CONTENT FOR VIEWING. 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. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO COMPLY WITH APPLICABLE LAWS AND EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THIS WEBSITE. NOBAFLIX MAY DISPLAY A CONTENT DESCRIPTOR OR GUIDANCE MESSAGE THAT INDICATES AND INFORMS THE VIEWER ABOUT AGE-INAPPROPRIATE CONTENT FOR MINORS (FOR INSTANCE CONTENT TAGGED FOR VIEWERSHIP BY MINORS AGED 13 TO 18 YEARS). YOUR ACCESS TO AND USE OF THE SERVICES IS SUBJECT TO THESE TERMS AND CONDITIONS, PRIVACY POLICY AND ALL APPLICABLE LAWS, RULES, AND REGULATIONS. BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICES, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICES. USE OF THE SERVICES IS VOID WHERE PROHIBITED. Accessing the Service through VPN You should not access or use the Service or the content therein by means of any mechanism or technology which conceals your actual geo-location or provides incorrect details of your location (for example, use a virtual private network (VPN)). Electronic Communications When You use / avail and/or install the Services or send any data, information or communication to NobaFlix, You agree and understand that You are communicating with NobaFlix through electronic media/ records and You consent to receive communications via electronic records from NobaFlix periodically and as and when required. NobaFlix will communicate with You by email or any push or other message or electronic records on the email address and or mobile number available with NobaFlix or made available to NobaFlix through a Partner which will be deemed adequate service of notice / electronic record. You acknowledge and specifically consent to NobaFlix or our respective affiliates and partners contacting you using the contact information you have provided to us at any time during your association with us for any purpose including the following purposes, which will enable NobaFlix to deliver the Services to you and/or enhance the delivery of the Services to you: · To obtain feedback regarding the Service; · To contact you for offering new products or services, whether offered by us, or our respective affiliates or partners. You acknowledge and agree that you may be contacted for the above purposes, using any of the contact details provided by You including via emails or other electronic and internet-based means. In addition, you will be sent a one-time password via SMS to your registered mobile number, to verify your login on the Site using a mobile number. The Content contained in the Services including but not limited to on the Site 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 NobaFlix. Subscription Services Some of the Content made available on the Site can be availed only by registered VISUALLY IMPAIRED Users who have registered under a subscription model ("Subscription User"). You may need to register Yourself on the Site to avail these services on a subscription model ("Subscription"). To become a Subscription User, You may be required to provide certain personal information to NobaFlix and may be required to make payments ("Subscription Fee") as per the applicable membership plan through a debit card, credit card, internet banking or through, e- prepaid wallet or other payment method accepted by NobaFlix or Content Provider NGO ("Payment Method(s)") that You opted for during registration. NobaFlix will be using third party payment gateways to process and facilitate the payment of Your Subscription Fee to NobaFlix. NobaFlix may offer different kinds of Subscription plans, each of these Subscription plans will be subject to different limitations and restrictions and the cost of each of these Subscription plans may vary. You may choose more than 1 Subscription plan during a given period. NobaFlix may also offer certain features and / or benefits over and above the features and benefits made available to you under your existing Subscription plan (“Add-on”) for an additional fee (“Add-on Fee”). The Add-on will automatically expire upon the expiry of your Subscription plan. NobaFlix shall have the discretion to make certain Content that is a part of the Subscription available to You on more than one end user Compatible System concurrently. NobaFlix shall also have the discretion to make certain Content that is a part of the Subscription available to You on not more than one end user device concurrently. Any personal data whether provided by you as a part of the Subscription registration process, or collected automatically when you use the Service will be governed by the Privacy Notice accessible at here Trial Some of the Subscription plans may start with a trial. The trial period may last for a period of one month or such other term as may be determined by NobaFlix. Your eligibility for a trial including the time for such trial and the Content available to be viewed during trial period is at the discretion of NobaFlix and such trial can be modified, suspended or terminated by NobaFlix at any point of time without giving notice to You.; In case You are eligible for any trial, NobaFlix may charge You a token amount of money at the time of Your registration for a Subscription plan. This token amount will be refunded to You once NobaFlix receives the confirmation from the third-party payment gateway provider that Your Payment Method has been registered. Payments NobaFlix will automatically start billing as per Your selected Payment Method for the relevant Subscription plan(s) and any Add-on(s) selected by You at the time of registration through the third party payment gateway at the end of the trial period, if applicable unless You cancel a Subscription(s) before the end of the trial period if trial is active. The cancellation of a Subscription can be done through the "My Account" section of the Site. It may take a few days for Your payment made to NobaFlix to be reflected in your "My Account" section. Cancellation Policy: In case You cancel any Subscription before the end of the trial period or allowed cancellation period, You will not be entitled to any compensation monetary or otherwise from NobaFlix for the unutilized period of trial and Nobaflix acting on behalf of himself or Content partner NGO can deduct cancelation fee which is 10% of the subscription amount. You cannot change your Payment Method during the tenure of your Subscription(s). If Your selected Payment Method is no longer available or expires or Your Payment Method fails for whatsoever reason, You will be responsible and liable for any uncollected amounts and NobaFlix reserves the right to terminate the Subscription(s) offered to You. The Subscription Fee for a particular Subscription along with any Add-on Fee for any Add-on(s) selected by you, will be billed at the beginning of the Subscription membership or at the end of trial period, as applicable and on each subsequent renewal automatically (as per the Subscription plan and the Add-on(s) chosen by You) unless and until You cancel Your Subscription(s) or the Subscription(s) is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for Your next renewal period or to cancel Your subscription to the Subscription(s), You need to visit the "My Account" section on Your profile page. On cancellation of a Subscription(s) You will be notified by NobaFlix. NobaFlix will be automatically billing you as per Your Payment Method for each Subscription period on a monthly basis. However, if You change Your Subscription plan to a higher tier, this could result in changing the day on which You are billed and the amount which You are billed. Further, on changing your existing Subscription plan to another, you would be required to pay the difference in rates (on a pro rata basis) for the new Subscription plan selected and would be billed as per the new Subscription plan from the next billing / renewal cycle. NobaFlix will notify you in advance of the change in the Subscription Fee payable. You cannot downgrade Your existing Subscription plan or any Add-on(s) prior to the expiry of such Subscription plan. The new Subscription will be effective from the date on which you select such plan and make appropriate payments as necessary. The Add-on(s) will be effective and valid during the validity of your Subscription plan. In case of change in the Subscription Fee for a particular membership plan that is already opted by You, NobaFlix will give You an advance notice of these changes. The Subscription Fees and the Add-on Fees specified for each Subscription plan or Add-on(s), as the case may be are inclusive of applicable taxes. The Subscription Fees and/or the Add-on Fees billed are non-refundable irrespective of whether the Subscription or the Add-on has been availed by You or not. Any request for change or cancellation in any Subscription plan and/or the Add-on(s) prior to the expiration of the current Subscription plan period will not entail You with a refund for any portion of the Subscription Fee paid by You for the unexpired period, except where upgrading to a higher Subscription plan and/or an Add-on(s), as the case may be. You also understand and acknowledge that NobaFlix only facilitates the third-party payment gateway for processing of payments. This facility is managed by the third-party payment gateway provider and You are required to follow all the terms and conditions of such third-party payment gateway provider. You are responsible for the accuracy and authenticity of the payment information provided by You, including the bank account number/credit card details and any other information requested during the subscription process. You represent and warrant that you have the right to use any credit card or other payment information that you submit. You agree and acknowledge that NobaFlix shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud. You can access the status of Your Subscription anytime through the "My Account" section on Your profile page. You can file any complaint related to payment processing on the Site and the same will be forwarded to the concerned third-party payment gateway provider for redressal. Upon payment through any of the Payment Methods and confirmation of receipt of such payment from the payment gateway provider, an invoice will be made available to You in the "MY Account" section which can be downloaded by You in pdf format. Upon payment being received by NobaFlix through any of the Payment Method, NobaFlix shall make the relevant Subscription available to You through any of the approved modes of delivery that NobaFlix adopts. It is hereby clarified that the Subscription(s) offered to You are offered by NobaFlix and not by any third party including any payment gateway service providers. NobaFlix reserves the right to change, terminate or otherwise amend the Subscription plans, Add-on benefits, Subscription Fees or Add-on Fees for the Subscription and billing cycles at its sole discretion and at any time. Such amendments shall be effective upon posting on the Site and Your continued use of the Service shall be deemed to be Your conclusive acceptance of such amendments. NobaFlix reserves the right to change, supplement, alter or remove any of the Content that is subject to a Subscription Fee as it deems fit. NobaFlix does not guarantee the availability of a specific Content or a minimum Content that is subject to a Subscription Fee. Post cancellation of Your Subscription, if you wish to re-subscribe to the Subscription, you may do so from Your "My Account" page. Sponsorship: The Visually Impaired users who are not able to afford for the subscription amount by themself are given an option for request for Sponsorship. It is expected that the users use the Sponsorship Mechanism only when he/she is economically challenged and can’t afford the subscription plan. The user requesting sponsorship may record a video message, share it on social media or modify pre pre-written Sponsorship request message. You also hereby grant to NobaFlix and its affiliates, a royalty-free, worldwide, perpetual, non-exclusive, sub-licensable, and transferable licence to use, reproduce, distribute, issue copies, make available, publicly communicate, adapt, create derivative works of, and display the content that you upload, share or provide in connection with request sponsorship. You also grant us the right, licence and permission to use the contents of your request in relation to the Site, topics associated therewith and for its promotion in any form whatsoever, without any compensation. Once the user request for the sponsorship for his subscription the user is added in the que of people requesting sponsorship in the order of first come first basis and later if a sponsor Sponsors certain amount which is in multiple of the annual subscription charge then users sponsorship request is addressed generally in first cum basis until otherwise specified by the Sponsor. Nobaflix or its partner don’t guarantee that the request would be addressed and what time it would take. it's rather dependent on the sponsors. Nobaflix also presents an avenue for companies, individuals and others to sponsor content i.e their donation is used to cover the cost of production of accessible content. The sponsorship for content can be done under CSR to improve the livelihood of people with disability. Nobaflix provides an integrated platform on the NobaFlix App for sponsoring subscription for the upliftment of the disable community as a service. Sponsor money for sponsoring an authenticated user who belongs to the category of LOW Vision, Vision Impairment or Blind for the subscription of annual membership to enjoy accessible content. The sponsorship received after processing is cover subscription related costs and hence any sponsorship received is also covered by relevant certificates like 80G, CSR etc and is issued after processing if all the details required are provided on the application within 15 working days. Any complaint regarding the same can be raised through the in-app mechanism or through email sponsors@nobaflix.com & hi@nobaflix.com Nobaflix Partner: Nobaflix is a OTT platform exclusively for the people with disability and the consumer of accessible content is limited for the users with vision disability/ visually impaired/ blind/ Low Vision . To ensure the access of this platform by only people with disabilities NobaFlix provides authentication service on the application. In this verification service users can request verification by directly contacting Nobaflix after uploading a valid identity card and providing contact details post that nobaflix directly or indirectly through its representative carries out verification of the user to be visually impaired or not. As the number of people suffering from visual impairment or visual disability runs in millions and hence to ease out and expedite the process of the verification through the recommendation from the volunteers,Individuals, NGOs, Blind Schools, organisations are also integrated in the verification engine. Those people authorised as the partner can recommend a known person with visual impairment after reviewing the request received at Nobaflix Partner application or Nobaflix application. We expect our partner to be truthful and not to recommend any sighted person to be visually impaired. If as a partner you are not sure of the status of the person then please refrain from the recommendation and approvals and you can reject such request. By using and becoming Nobaflix Partner you agree to abide by the terms and conditions and also you agree to be truthful to the best of your knowledge. To become a Partner you may request us directly from the Nobaflix Partner app or request us on email id partner@nobaflix.com & hi@nobaflix.com Access and Use of the Services Limited use: You are a person with vision disability and hence are given a limited, non-exclusive, non-transferable (except in the case of a parent/legal guardian-minor relationship and that too only for guidance and not their personal use), non-sub-licensable, revocable permission to view and/or access the Site and avail the Service during the subsistence of Your Account with NobaFlix for the territory of the world or limited territories as applicable in respect of specified Content and as set forth in these Terms and Conditions and no right, title or interest in any Content will be deemed transferred to You. By accessing or using the Site / Services: · You confirm and warrant that all the data and information You supply to NobaFlix and or any NobaFlix's affiliates ("Registration Data") is accurate in all respects and you are a person with visual impairment. · You agree to promptly update Your Registration Data as necessary, so that Your Registration Data remains accurate at all times. · NobaFlix may temporarily suspend your access to the whole or any part of the Site/Services, where NobaFlix in its discretion considers that it is reasonably necessary. Where possible, NobaFlix mayl give You as much notice of any interruption of access to the Services as is reasonably practicable. NobaFlix will use reasonable efforts to restore access to the Services as soon as reasonably practicable after temporary suspension. · You agree that NobaFlix shall be under no liability whatsoever to You in the event of non-availability of the Site or any portion thereof occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the control of NobaFlix. · 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 NobaFlix 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 NobaFlix, its affiliates and or its licensors. The Services and the Content are protected by copyright, trademark, design, patent, trade secret, and other intellectual property laws. · You agree that third parties and/or its affiliates or licensors owns and/or retains all rights to the Third Party Content. The Third Party Content are protected by copyright, trademark, design, patent, trade secret, and other intellectual property laws. · Except as provided in these Terms (or otherwise expressly provided by NobaFlix), 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 Services; - Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Services, including NobaFlix's servers, networks or accounts; - Cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Services or the Content; - Delete or revise any information provided by or pertaining to any other user of the 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 Services, or to circumvent, delete, deactivate, decompile, reverse engineer, disassemble or modify any security technology or software that is part of the 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 Services. If You do so, You acknowledge You will have caused substantial harm to NobaFlix, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, You agree to pay Company INR 500 (Indian rupees five hundred only) for each actual or intended recipient of such communication without prejudice to any other rights of action that NobaFlix may have against You in law or equity; - 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 NobaFlix'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 NobaFlix; - 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 are responsible for the security and proper use of Your unique user ID and password that You enter while registering on the Site or on the Partner's website or application and must take all necessary steps to ensure that they are kept confidential, used properly, and not disclosed to unauthorized people. You are responsible for any use of your user ID and password. You must promptly notify NobaFlix if you become aware of any confidentiality breach or unauthorized use of your user account.. · 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 NobaFlix's/ or its licensor's / or third party’s copyright, trademark design, patent, and other intellectual property including any rights of NobaFlix or its licensors or any third party 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. · You agree that the Content provided on the Site is strictly for Your private viewing only and not for public exhibition irrespective of whether the public is charged for such exhibition or not. You hereby agree to refrain from further broadcasting or making available the Content provided on the Site to any other person(s), or in any manner communicate such Content to the public. 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 NobaFlix or its affiliates or any third party including privacy rights, publicity rights, and intellectual property rights. You may encounter third party applications while using the Site including, without limitation, websites, widgets, software, services that interact with the Site. Your use of these third-party applications shall be subject to such third-party terms of use or license terms. NobaFlix shall not be liable for any representations or warranties or obligations made by such third-party applications to You under contract or law. Termination of Service NobaFlix reserves the right to immediately terminate, suspend, limit, or restrict Your account or Your use of the Services or access to Content at any time, without notice or liability, if NobaFlix so determines in its sole discretion, for any reason whatsoever, including that You have breached these Terms and Conditions, the Privacy Policy, violated any law, rule, or regulation, engaged in any inappropriate conduct, provided false or inaccurate information, or for any other reason. You hereby agree and consent to the above and agree and acknowledge that NobaFlix can, at its sole discretion, exercise its right in relation to any or all of the above, and that NobaFlix, its directors, officers, employees, affiliates, agents, contractors, principals or licensors shall not be liable in any manner for the same; and You hereby agree, acknowledge and consent to the same. You hereby also agree that NobaFlix shall not refund any amounts that you may have paid to access and/or use the Services. User Reviews, Comments and Other Material You may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") only reviews or comments or photos or videos on the Site (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. You agree that NobaFlix shall have the right but have no obligation, to monitor User Material and to restrict or remove User Material that NobaFlix may determine, in its sole discretion, is inappropriate or for any other reason. You acknowledge that NobaFlix reserves the right to investigate and take appropriate legal action against anyone who, in NobaFlix's sole discretion, violates these Terms, including, but not limited to, terminating their account, terminate, suspend, limit, or use of the Services or access to Content 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 the Participant does not have any right to; is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating to or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force; depicts women in an inappropriate or derogatory manner; is harmful to children; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false and misleading in nature but may reasonably be perceived as a fact; impersonates another person; 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. The Participant also represents and warrants that the posting of his / her Social Posts does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; is patently false and untrue, and is written or published in any form with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person, or to incite hatred against any community; You acknowledge that the User Material is not confidential and that You have no expectation of privacy in it. In no event does NobaFlix 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 NobaFlix with respect to such User Material. This Site may contain articles contributed by several individuals. The views are exclusively their own and do not represent the views of NobaFlix, 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 apply with respect to contents of this Site. Linked Destinations Part of this Site/Service contains links to third party sites and third-party content. You agree and acknowledge that NobaFlix does not endorse or sponsor such third-party sites, content, advertising or other material on such third-party sites. If NobaFlix provides links or pointers to other websites or destinations, You should not infer or assume that NobaFlix operates, controls, or is otherwise connected with these other websites or destinations. When You click on a link within the Services, NobaFlix will not warn You that You have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that You have left the Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before You provide any confidential information or engage in any transactions. You should not rely on these Terms and Conditions and/or Privacy Policy to govern Your use of another website or destination. NobaFlix is not responsible for the content or practices of any website or destination other than the Site, even if it links to the Site and even if the website or destination is operated by a company affiliated or otherwise connected with NobaFlix. By using the Services, You acknowledge and agree that NobaFlix is not responsible or liable to You for any content or other materials hosted and served from any website or destination other than the Site. Copyright Notice & Fair Use Policy Nobaflix operates under the provisions of Section 52(1)(zb) of the Copyright Amendment Act 2012, Government of India. This section authorizes the adaptation, reproduction, issuance of copies, or communication to the public of copyrighted works in accessible formats for the benefit of persons with disabilities. Our platform is committed to facilitating access for visually impaired individuals to a wide range of audio-described movies and web series for private, educational, or research purposes. Fair Use for Disabled Persons: Adaptation & Reproduction: Nobaflix adapts and reproduces existing copyrighted works into accessible formats without infringing on copyright, exclusively for the use of persons with disabilities. Issuance & Communication: We issue copies and communicate these works to the public by hosting them on our platform, ensuring they are accessible to our target audience. Purpose: Our services are tailored for private or personal use, educational purposes, or research, aligning with the fair use provisions outlined in the act. Subscription Fees: The subscription fees collected are directed towards covering the costs associated with the production of accessible content. This is in full compliance with the provisions allowing for such activities under Section 52(1)(zb). Nobaflix is dedicated to ensuring that our operations promote inclusivity and accessibility in entertainment, adhering strictly to the legal framework established by the Copyright Amendment Act 2012 which can be referred at https://drive.google.com/file/d/1QZFxbUx4ECCtDrt5oy3s656ykaSEAAMB/view?usp=sharing . Our goal is to create a barrier-free environment where individuals with disabilities can enjoy a wide range of content without limitation. If you have any questions regarding copyright of content please feel free to contact hi@nobaflix.com with subject “copyright”. Advertising NobaFlix expressly disclaim any liability arising out of the advertisements, usage or viewing of these products or services advertised on our Site or the (third party) content made available / hosted on the third-party sites. NobaFlix takes no responsibility for advertisements or any third-party material posted on the Site nor does it take any responsibility for the products or services provided by advertisers. Any dealings You have with advertisers found while using the Services are between You and the advertiser, and You agree that NobaFlix is not liable for any loss or claim that You may have against an advertiser. Third Party Content For Third Party Content, NobaFlix’s role is limited to providing a communication platform along with hosting services to third parties, to enable the transmission of the Third Party Content directly from third parties to You. The Third Party Content on the Site is directly uploaded onto the Site by third parties who avail of NobaFlix’s hosting services, without any intervention from NobaFlix in the uploading / transmission process. NobaFlix’s role is that of an ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules thereunder, with regard to the Third Party Content. Being an intermediary, NobaFlix has no responsibility and / or liability in respect of any Third Party Content on the Site, including for intellectual property rights infringement, defamation, obscenity or any other violation under applicable law. NobaFlix does not pre-screen the Third Party Content and has no obligation to monitor any Third Party Content. Hence, NobaFlix does not have actual or specific knowledge of any Third Party Content on the Site. However, NobaFlix at its discretion and in accordance with applicable law may monitor any Third Party Content and may remove any Third Party Content from the Site if NobaFlix determines in its sole discretion that such Third Party Content is in violation of this Agreement or any applicable law. NobaFlix, at its discretion, may review the Third Party Content when, and only when, complaints are received from You. Such actions do not in any manner negate or dilute NobaFlix’s position as an intermediary or impose any liability on NobaFlix with respect to Third Party Content. NobaFlix will consider all communications, requests and suggestions sent by You and other members of the public provided that such communications are sent in a bona fide manner in good faith in the interest of the Site and public good. However, NobaFlix is not under any obligation to act on any such communications, requests and suggestions or respond to anyone. NobaFlix’s decision in this respect shall be final. Specifically, if any such request relates to a request / demand to take down/ disable/ remove/ delete any Third Party Content in the Site, NobaFlix is under no legal obligation to respond to or act on such requests. NobaFlix will take such action as NobaFlix is required to take under applicable law. If there is any valid court order or administrative order issued requiring NobaFlix to take any action, then NobaFlix will comply with such court order or administrative order. Support 1. Site or Services If You have any questions with respect to the Site and/or Services and/or Content, then such correspondence should be directed to NobaFlix at – hi@Nobaflix.com 2. Grievances For any NobaFlix Content and Partner Content related concerns, complaints or grievances, please contact below: The grievance officer (Level I) is Lovely Singh and can be contacted at contentgrievances@nobaflix.com & hi@nobaflix.com For any concerns, complaints or grievances in relation to the Site or Service, please contact the following grievance officer who will examine the complaint and take appropriate next steps. Name: Anamika Email Address: hi@nobaflix.com You would be required to furnish relevant details pertaining to your concern, complaint or grievance, specifically including your user login ID. 3. User Material If You have any complaints relating to any third party User Material uploaded on the Site, then please contact hi@nobaflix.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 or content; Details of the Basis of the objection; What relief is being requested; All other relevant information required by NobaFlix to assess the complaint. NobaFlix shall on examination of the complaint take all reasonable measures, including taking down the objectionable User Material expeditiously in accordance with applicable law. You agree and acknowledge that NobaFlix's responsibility in relation to objectionable User Material is limited to removing them post receipt of Your objections in accordance with these Terms of Use and NobaFlix shall not be responsible or liable for any other damages or losses incurred by You of any nature whatsoever. Disclaimer of Warranties You agree that use of the Services and the access to the Site is at Your own risk. The Services including the Site, the Content, the video player, User Material and any other materials contained on or provided through the Site are provided "AS IS" and, to the fullest extent permitted by law, are provided without warranties or guarantees of any kind, either express or implied. Without limiting the foregoing, NobaFlix does not make any warranties or guarantees of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the Services will be uninterrupted, free of viruses, malware or other harmful components, accurate, error free or reliable. Limitation of Liability IN NO CASE SHALL NobaFlix, ITS DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS OF THE SITE OR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIAL, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, EVEN IF ADVISED OF THEIR POSSIBILITY. NobaFlix’S MONETARY LIABILITY FOR THE SERVICES OR THE CONTENT OR MATERIAL THEREOF ON THE SITE SHALL BE LIMITED TO INR 1000. WHERE THE LAWS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, NOBAFLIX’'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Indemnity You agree to defend, indemnify and hold harmless NobaFlix, its affiliates, partners, 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. Governing Law and Jurisdiction The relationship between You and NobaFlix 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) NobaFlix 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 New Delhi, India. Severability If any provision of these Terms and Conditions 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. Changes NobaFlix reserves the right, at any time and from time to time, without prior notice to You, to update, revise, supplement, and otherwise modify these Terms of Use and to impose new or additional rules, policies, terms, or conditions on Your use of the Service. Any updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Terms of Use as "Revised Terms") will be posted on the Site and will be effective immediately after such posting. We recommend that you periodically check the Site for the Revised Terms Your continued use of the Services will be deemed to constitute Your acceptance of any and all such Revised Terms. Survival 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 and Conditions. Entire Agreement These Terms and Conditions and Privacy Policy constitute the entire agreement between You and NobaFlix governing Your use of the Services, superseding any prior agreements between You and NobaFlix regarding such use. Further, Your acceptance of these Terms constitutes a valid and binding agreement between You and NobaFlix. Should these Terms require to be stamped under any applicable stamp duty laws, You should bear such stamp duty payable and comply with relevant stamping obligations.