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.
Onetakemedia.com Private Limited, is a company incorporated under the Companies Act, 1956, having its registered office at 502, Shiv Tirth No, 2, Bhulabhai Desai Road, Mumbai 400026 and its administrative office at #2, Plot No. 2, Udyog Nagar, S. V. Road, Goregaon West, Mumbai 400062, India ("Pocket Films"). Pocket Films inter alia provides an online website www.pocketfilms.in as an interactive platform for its viewers and any associated mobile sites, applications ("Site") to inter alia view content including but not limited to short films, documentaries, independent films, videos, profiles of films, people, companies, film festivals, contests, events, etc. on the Site and any other features, tools, applications, materials, or other services offered from time to time by Pocket Films in connection with its business, provided on the Site ("Content") and includes posting of comments, participation in contests, offering content for distribution, watching content, etc. (all such features of the Site collectively referred to as "Services"). Content will be made available to You through different modes, at the discretion of Pocket Films, including via video on demand basis for viewing at the User's discretion at a time chosen by You and/or download for offline viewing by You. For the Content that will be made available to You, You will be granted a non-exclusive, non-transferable, non-sublicensable, revocable limited license to view the Content for your personal, non-commercial viewing, and that no right, title or interest in any Content will be deemed transferred to You. Please note that the availability of, and Your ability to access, the Content or some part of Services, (a) is subject to Pocket Films'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 Pocket Films, directly or through authorized entities, may monitor or use certain technologies for monitoring of activities including logging of Your IP address to ascertain and verify Your geographical location. To facilitate Your viewership and access, the Services can be packaged by Pocket Films 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 or (c) a pay-per-view model with or without advertisements/commercials or (d) with a combination of the foregoing on the Site.
The Service can be availed through platforms, software and devices, which Pocket Films 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 Pocket Films website works best with:
Latest version of Google Chrome
Latest version of Firefox
Latest version of Safari
Microsoft Windows XP or above / MAC OS 10.2 or above
Latest version of Adobe Flash Player
The Pocket Films applications work best with a minimum system requirement of:
Please see details on the Site and the particular Content viewed. Subject to compatibility, You may be able to access the Services including Content through mobile phones, tablets and other IP based connected devices or any Compatible System offered by a partner authorized by Pocket Films ("Partner").
Unless otherwise specified, the Services are available for individuals who have attained the age of majority in their jurisdiction; in the case of India, this service is restricted to Users who are aged 18 years or older. If You are under the relevant age of majority in Your jurisdiction, You may only access the Site and the Services in accordance with applicable law which enables a minor in your jurisdiction to access such a service.
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 EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THIS WEBSITE.
Participation in any contest and or game on the Site conducted by Pocket Films or viewing of certain Content may be subject to further terms and conditions as may be notified by Pocket Films from time to time on the Site or otherwise.
When You use/avail the Services or send any data, information or communication to Pocket Films, You agree and understand that You are communicating with Pocket Films through electronic media/ records and You consent to receive communications via electronic records from Pocket Films periodically and as and when required. Pocket Films 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 Pocket Films or made available to Pocket Films through a Partner which will be deemed adequate service of notice / electronic record.
You acknowledge and specifically consent to Pocket Films 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 but not limited to the following purposes:
To obtain feedback regarding the Service;
To contact you for promotions and 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, social media, text messages or phone calls.
In the event You have indicated any 'do not disturb' preferences to Your telecom service provider, and registered Yourself on the national customer preference register / 'do not disturb' or similar list, We request You to ensure that Your registered preferences allow for communications to be sent to You in accordance with the above provisions.
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 Pocket Films.
Some of the Content made available on the Site can be availed only by Registered 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 Pocket Films and may be required to make payments ("Subscription Fee") as per the applicable membership plan through payment methods accepted by Pocket Films ("Payment Method(s)") that You opted for during registration. Pocket Films will be using third party payment gateways to process and facilitate the payment of Your Subscription Fee to Pocket Films. On successful registration to the Subscription, Pocket Films will intimate You of the same. Pocket Films 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.
Pocket Films 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. Pocket Films 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.
Some of the Subscription plans may start with a free trial. The free trial period may last for a period of one month or such other term as may be determined by Pocket Films. Your eligibility for a free trial including the time for such free trial and the Content available to be viewed during free trial period is at the discretion of Pocket Films and such free trial can be modified, suspended or terminated by Pocket Films at any point of time without giving notice to You.
In case You are eligible for any free trial, Pocket Films may charge You a token amount of money at the time of Your registration for the Subscription plan. This token amount will be refunded to You once Pocket Films receives the confirmation from the third-party payment gateway provider that Your Payment Method has been registered.
Pocket Films will automatically start billing as per Your selected Payment Method for the Subscription plan elected by You at the time of registration through the third party payment gateway at the end of the free trial period, if applicable, unless You cancel the Subscription before the end of the free trial period. The cancellation of the Subscription can be done through the "My Account" section of the Site. It may take a few days for Your payment made to Pocket Films to be reflected in your "My Account" section.
In case You cancel Your Subscription before the end of the free trial period, You will not be entitled to any compensation monetary or otherwise from Pocket Films for the unutilized period of free trial.
You cannot change your Payment Method during the tenure of your Subscription. 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 Pocket Films reserves the right to terminate the Subscription offered to You.
The Subscription Fee will be billed at the beginning of Your Subscription membership or at the end of free trial period, as applicable and on each subsequent renewal automatically (as per the Subscription plan chosen by You) unless and until You cancel Your Subscription or the Subscription 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, You need to visit the "My Account" section on Your profile page. On cancellation of Subscription You will be notified by Pocket Films.
Pocket Films will be automatically billing as per Your Payment Method for each Subscription period on a monthly basis. However, if You change Your membership plan, this could result in changing the day on which You are billed and the amount which You are billed.
In case of change in the Subscription Fee for a particular membership plan that is already opted by You, Pocket Films will give You an advance notice of these changes.
The Subscription Fees specified for each Subscription plan are exclusive of applicable taxes.
The Subscription Fees billed are non-refundable irrespective of whether the Subscription have been availed by You or not.
Any changes in the Subscription Plan opted by You is effective only after the expiry of the current Subscription period for which You have already been billed. Accordingly, the Subscription as per revised plan opted by You shall be effective only after the expiry of the then current Subscription period.
Any request for change or cancellation in any Subscription plan 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.
You also understand and acknowledge that Pocket Films 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 information provided by You, including the bank account number/credit card details and the like. You agree and acknowledge that Pocket Films 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 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 being received by Pocket Films through any of the Payment Method, Pocket Films shall make the Subscription available to You through any of the approved modes of delivery that Pocket Films adopts.
It is hereby clarified that the Subscription offered to You are offered by Pocket Films and not by any third party including any payment gateway service providers.
Pocket Films reserves the right to change, terminate or otherwise amend the Subscription plans, Subscription 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.
Pocket Films reserves the right to change, supplement, alter or remove any of the Content as it deems fit. Pocket Films does not guarantee the availability of a specific Content or any minimum Content .
Access and Use of the Services
Pocket Films grants You a non-exclusive, revocable and limited permission to use the Services on the Site for personal, non-commercial purposes during the subsistence of Your Account with Pocket Films or Partner 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.
By agreeing to use/avail the Services:
You confirm and warrant that all the data and information supplied by You when You register (if applicable) and provided by You to Pocket Films and or any Pocket Films's affiliates, distributors ("Registration Data") is true, current, complete and accurate in all respects.
You agree to promptly update Your Registration Data, so that Your information remains true, current, complete, and accurate at all times.
You agree that Pocket Films 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. Pocket Films may, but shall not be obliged to, give You as much notice of any interruption of access to the Services as is reasonably practicable. Pocket Films will restore access to the Services as soon as reasonably practicable after temporary suspension.
You agree that Pocket Films shall be under no liability whatsoever to You in the event of non-availability of the Site or any portion thereof for any reason whatsoever or may be 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 Pocket Films.
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 Pocket Films 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 Pocket Films, 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.
Except as provided in these Terms (or otherwise expressly provided by Pocket Films), 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 Pocket Films Services;
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Pocket Films Services, including Pocket Films's servers, networks or accounts;
- Cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Pocket Films Services or the Content;
- Delete or revise any information provided by or pertaining to any other user of the Pocket Films 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 Pocket Films Services, or to circumvent, delete, deactivate, decompile, reverse engineer, disassemble or modify any security technology or software that is part of the Pocket Films 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 Pocket Films Services. If You do so, You acknowledge You will have caused substantial harm to Pocket Films, 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 Pocket Films a minimum of INR 5000 (Indian rupees five thousand only) for each actual or intended recipient of such communication without prejudice to any other rights of action that Pocket Films 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 Pocket Films'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 Pocket Films;
- 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 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 Pocket Films's/ or its licensor's copyright, trademark design, patent, and other intellectual property including any rights of Pocket Films 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 Pocket Films.
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 Pocket Films or its affiliates or any third party including privacy rights, publicity rights, and intellectual property rights.
Termination of Service
User Reviews, Comments and Other Material
You may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") reviews, votes 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.
You agree that Pocket Films shall have the right but have no obligation, to monitor User Material and to restrict or remove User Material that Pocket Films may determine, in its sole discretion, is inappropriate or for any other reason. You acknowledge that Pocket Films reserves the right to investigate and take appropriate legal action against anyone who, in Pocket Films'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:
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 Pocket Films 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 Pocket Films is non-exclusive, royalty-free, irrevocable, and sub licensable. Additionally, Pocket Films 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. Pocket Films'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 Pocket Films 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 Pocket Films with respect to such User Material.
If You have any complaints relating to any third party User Material or Content uploaded on the Site, then please contact email@example.com with / through 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 Pocket Films To Assess The Complaint.
Linked Destinations and Advertising
Part of this Site/Service contains advertising and other material including data submitted to us by third parties and/or links to third party sites and third party content. Although display of advertisements on the Site 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 or the (third party) content made available / hosted on the third party sites. You agree and acknowledge that Pocket Films does not endorse or sponsor such third party sites, content, advertising or other material. This Site may contain articles contributed by several individuals. The views are exclusively their own and do not represent the views of Pocket Films, 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. While using this website for information purposes or otherwise, users acknowledge and accept the above disclaimer.
Pocket Films 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 Pocket Films. By using the Services, You acknowledge and agree that Pocket Films 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.
Pocket Films 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 Pocket Films is not liable for any loss or claim that You may have against an advertiser.
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.
Gala No. 2, Udyog Nagar,
The contact information: firstname.lastname@example.org
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 of any kind, either express or implied. Without limiting the foregoing, Pocket Films does not make any warranties 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 and other harmful components, accurate, error free or reliable.
Limitation of Liability
IN NO CASE SHALL POCKET FILMS, ITS DIRECTORS, 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. WHERE THE LAWS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, POCKET FILMS'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless Pocket Films, 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.
Governing Law and Jurisdiction
The relationship between You and Pocket Films 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) Pocket Films 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 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 and Conditions.
FORM OF MEMBER AGREEMENT
The following provisions govern the use of www.pocketfilms.in (the “ Site ”) operated by Onetakemedia.com Private Limited (“ PocketFilms ”) by PocketFilms’s members. Members agree to the following by submitting a member registration form. Members receive access to all the Site’s features.
The entire contents and design of the Site are protected under US and international copyrights. The Site is for your personal noncommercial use. You may not modify, copy, distribute, transmit, display, or publish any materials contained on the Site without the prior written permission of PocketFilms or the appropriate copyright owner. Please refer to the copyright notice for more information. Certain names and logos are trademarks and service marks of PocketFilms and third parties and may not be used without permission.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOUR USE OF THE SITE IS AT YOUR OWN RISK.
ACCESS TO THE SITE MAY BE INTERRUPTED AND INFORMATION PROVIDED MAY NOT BE ERROR FREE.
NEITHER POCKETFILMS, THE LICENSOR(S) / THE CONTENT PROVIDER(S )NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE OR THE MATERIALS CONTAINED THEREIN, ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SITE, NOR SHALL THEY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE.
The “ Content Provider ” provides editorial content to PocketFilms. Their Content(s) are designed to provide entertainment and/or general information in regard to a subject matter covered. It should not be considered as expert advice or expert assistance under any circumstances.
The content available through the Site from the Content Provider is the property of the Content Provider and is protected by copyright and other intellectual property laws. Content published by Content Provider may be displayed, reformatted and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, display, sell, publish, broadcast or circulate any content published by the Content Provider to anyone, including but not limited to others in the same Content Provider or organization, without the express prior consent of the Content Provider, with the following exception:
You may, on an occasional and irregular basis, disseminate an unsubstantial portion of content published by the Content Provider, for a noncommercial purpose, without charge, and in non- electronic form, to a limited number of individuals, provided you include all copyright and other proprietary notices with such portion of the content in the same form in which the notices appear in the Content, and you have taken prior written permission from Pocket Films and agree to add the phrase “Used with permission from the Content Provider.”
You agree to hold harmless and indemnify the Content Provider and PocketFilms, their owners and agents, and the contributors to the Site, against any liability for any claims and expenses, including reasonable attorney’s fees, relating to any violation of the terms of this Agreement or arising out of any materials submitted by you.
This Agreement shall be governed by the laws of the Republic of India applicable to agreements wholly made and performed in India without regard to its conflict of laws principle. Before seeking legal recourse for any harm you believe you have suffered from your access to the Site, you will give PocketFilms written notice specifying the harm and 30 days to cure the harm after providing such notice. In the event that you believe you have been irreparably harmed by any cause of action relating to PocketFilms, you agree to inform the Content Provider in writing and grant PocketFilms 30 days to cure the harm before initiating any action. Any legal action, suit or proceeding arising out of or relating to this Agreement or a breach thereof, shall be instituted in a court of competent jurisdiction in MUMBAI and you hereby consent and submit to personal jurisdiction of such court, waive any objection to venue in such court and consent to service of process by overnight courier or express mail at your last known address. Any cause of action initiated by you must be initiated within one year after the claim or cause of action has arisen or it will be barred.
By submitting PocketFilms membership application form or accessing materials on the Site you agree with all the terms and conditions of this Agreement. You further agree that this agreement and the terms and conditions hereof, including all disclaimers set forth herein, shall inure to the benefit of the editors and their agents, and the contributors to the Site, as third-party beneficiaries hereto, to the same extent that this agreement inures to the benefit of PocketFilms.
PocketFilms reserves the right, at its sole discretion, to change the terms and conditions of this Agreement from time to time and your access to the Site will be deemed to be your acceptance of and agreement to any changed terms and conditions.
PocketFilms may contain links to web sites operated by other parties. Such links do not imply PocketFilms’s endorsement of material on any other site and PocketFilms disclaims all liability with regard to your access of such linked web sites.