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Last updated: 17th November, 2022
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. 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 Fiducia entertainment Pvt.ltd.(“Open Theatre”) stating the terms that govern Your use of the Site or the Platform, as defined below. You have accepted these Terms of Use, which govern your use of our service. Personally identifying information is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices. BY ACCESSING THIS WEBSITE, YOU CONSENT, AGREE AND UNDERTAKE TO ABIDE, BE BOUND BY AND ADHERE TO THE TERMS OF USE ("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 UNAUTHORIZED.
Open Theatre provides a pay per view services that allows our users to access Content streamed over internet.
1. Description of Service and Acceptance of the Terms of Uses
Fiducia Entertainment Pvt. ltd.(“Open Theatre”) ("Open Theatre" "we," or "us") provides an online video service offering a selection of shows, movies, clips, and other content (collectively, the "Content"). Our video service, the Content, our player for viewing the Content (the "Video Player") and any other features, tools, materials, or other services (including third party branded services) offered from time to time by Open Theatre through a variety of Access Points (defined below) are referred to collectively as the "Services." The term "Access Points" refers to, collectively, the https://opentheatre.in/ website (the "Site"), applications, and other places where any Services are available, including websites and applications of Open Theatre’s third party distribution partners and other websites where users or website operators are permitted to embed or have otherwise licensed the Video Player.
The use of Open Theatre Services is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are incompetent to contract within the meaning of the Indian Contract Act, 1872 are not eligible to use the Services.
Please note that the availability of, and Your ability to access, the Content or some part of Services, (a) is subject to Open Theatre’s sole discretion and/or (b) may be dependent upon Your geographical location and/or (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 using 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 are subject to various parameters such as specifications, device, Internet availability and speed, bandwidth, etc. To facilitate Your viewership and access, the Services can be packaged by Open Theatre, at its sole discretion, 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.
Use of the Services (including access to the Content) is subject to compliance with these Terms and any end user license agreement that might accompany the applicable Service. Therefore, by visiting the Open Theatre Site or using any of the Services through any other Access Point you are agreeing to these Terms.
2. Changes to These Terms
The Terms is subject to revisions at any time, as determined by Open Theatre, without notice, and any such changes are effective immediately upon being posted on the Website; any use of the Website thereafter will be deemed to be an acceptance of these changes by the User. Users are strongly urged to read this Terms in its entirety and to periodically check this page to understand how modifications or revisions to this policy affects the use of their information. Open Theatre shall not be responsible for any User’s failure to remain informed about such changes.
3. Account Registration: You may purchase a limited period access to the Content through Open Theatre. You may view such item of content an unlimited number of times during the period of time mentioned by us ("Viewing Period") . You will need to create an account with Us. To create an account, you will be required to create a user name and password, provide certain personal information about yourself (collectively, "Registration Information"), and may be required to provide a valid credit card or other accepted method of payment (a "Payment Method"). You are responsible for all uses of your account, including use of your account by other members of your household. By allowing others to access your account or to create profiles within your account, you agree to be responsible for ensuring that such other individual(s) comply with this Agreement and you agree to be responsible for all such account activity. Notify us immediately by email using the customer support form available from our Help Center if you suspect any unauthorized use of your account. You agree to provide accurate, current, and complete Registration Information and, as applicable, Payment Method information. You further agree to maintain and update your Registration Information as required to keep it accurate, current, and complete. Open Theatre reserves the right to immediately terminate or restrict your account or access to Content at any time, for any or no reason, with or without prior notice, and Fox shall have no liability to you for any such termination or restriction. One reason we may terminate or restrict your access to Content is if any Registration Information you provide is false, inaccurate, misleading or incomplete or if your access to the Content places an undue burden on our networks or servers. If we terminate your account, you may not create a new account.
4. Billing and Payment
4.1 Payments.
· You also understand and acknowledge that Open Theatre 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 and accept all the terms and conditions of such third-party payment gateway provider. 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 a response.
· 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 represent and warrant that you have the right to use any credit card or other payment information that you submit. You agree to pay all charges incurred by You or on Your behalf through the Services, at the price(s) in effect when such charges are incurred. To the fullest extent permitted by applicable law, You agree and acknowledge that Open Theatre 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. While Open Theatre may confirm a order by email, the receipt of an email order confirmation does not constitute Open Theatre’s acceptance of an order or its confirmation of an offer to sell a product or service. You also understand and acknowledge that other than providing a confirmation upon receipt of payment against membership account, Open Theatre disclaims all liabilities in relation to your payment processing of any information provided to third-party payment gateway provider.
4.2 Change to the Price Plans.
Open Theatre will reserve the right to alter the price to access the content any time.
4.3 No Refunds.
· Payments are nonrefundable and there are no refunds or credits once the purchase is made.
5. Access and Use of the Services
5.1 Age Limitations.
By visiting the Site or using any of the Services, You accept and agree to be bound by these Terms of Use and the Privacy Policy and to abide by all applicable laws, rules and regulations. Unless otherwise specified, the Services is available for individuals aged 18 years or older. If You are under the age of 18, You should review these Terms of Use and the Privacy Policy with Your parent or legal guardian to make sure that You and Your parent or legal guardian understands and agrees to it on Your behalf and further if required, You shall perform or undertake such activities which will entitle You to enter into a legally binding agreement with Open Theatre.
5.2 Your License.
Subject to the terms (including, without limitation, the Your Responsibilities section set forth below), Open Theatre grants You a non-exclusive limited, revocable, limited permission to use the Services on the Site for personal, non-commercial purposes during the subsistence of Your Account for the territory of the world or limited territories as applicable in respect of specified Content and as set forth in these Terms of Use.
5.3 The Content.
You acknowledge, understand and agree that you shall have only access and to view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Open Theatre in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Open Theatre in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Open Theatre. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Open Theatre in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
5.4 The Video Player.
You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
5.5 Ownership.
You agree that Open Theatre owns and retains all rights to the Services. You further agree that the Content you access and view as part of the Services is owned or controlled by Open Theatre, its affiliates and Open Theatre licensors. The Services and the Content are protected by copyright, trademark, and other intellectual property laws.
5.6 Your Responsibilities.
In order for us to keep the Services safe and available for everyone to use, we all have to follow the same rules of the road. You and other users must use the Services for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the Services, Content, and Video Player restrictions detailed above, and further agree that you will not use the Services in a way that violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights, uses technology or other means to access, index, frame or link to the Services (including the Content) that is not authorized by Open Theatre (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Services), involves accessing the Services (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 Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content) introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment damages, disables, overburdens, impairs, or gains unauthorized access to the Services, including Open Theatre’s servers, computer network, or user accounts removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Services (including the Content) uses the Services to advertise or promote services that are not expressly approved in advance in writing by Open Theatre collects information in violation of Open Theatre s Privacy Policy encourages conduct that would constitute a criminal offense or give rise to civil liability violates these Terms or any guidelines or policies posted by Open Theatre interferes with any other party's use and enjoyment of the Services or attempts to do any of the foregoing.
If Open Theatre determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Services and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
5.7 No Spam/Unsolicited Communications.
We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, you may not use the Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may employ technical measures to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 4) or otherwise send spam, advertising, or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Open Theatre and that the amount of such harm would be extremely difficult to measure, however without prejudice to any other rights of action that Open Theatre may have against you in law or equity, you agree to indemnify Open Theatre under section 11 below;
5.8 Software Downloads.
In order to participate in certain Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms of use. Unless otherwise provided by these additional terms of user, they are hereby incorporated into these Terms.
5.9 Suspension/Discontinuation.
We hope not to, but we may change, suspend, or discontinue - temporarily or permanently - some or all of the Services (including the Content and the devices through which the Services are accessed), with respect to any or all users, at any time without notice. You also agree that Open Theatre will not be liable to you for any modification, suspension, or discontinuance of the Services.
5.10 Internet Access Charges.
Open Theatre is not responsible for any costs that you incur while attempting to access the Open Theatre Services or the Content, including payments towards Internet and broadband access or any additional expenses incurred by you including charges imposed by your network service provider.
5.11 Accounts Information ,Registration and Security.
You confirm and warrant that all the data and information supplied by You, when You are creating an account and register (if applicable) yourself with Open Theatre (“Registration Data”), are true, current, complete information 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 acknowledge and agree that Your Registration Data and any other personal data collected by Open Theatre is subject to Open Theatre’s Privacy Policy. Open Theatre may collect information such as address, IP address, and the time zone where the Services are used and may use these to target advertising and make content recommendations.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your Open Theatre Website. If you disclose your password to anyone or share your membership account with other people, you take full responsibility for their actions. You shall not use another user’s membership account without permission. You must notify us immediately of any breach of security or unauthorized use of your account and you should also report this instance to your local law enforcement agency. In order to provide you with ease of access to your account and to help administer Open Theatre service, Open Theatre implements technology that enables us to recognize you as the account holder. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
5. Referral Program and promotional offers:
5.13 Availability.
The availability of content(s) to view through Open Theatre Website will change from time to time at the sole discretion of Open Theatre. The quality of the display of the streaming video may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection, and/ or quality of user’s hardware. You are responsible for all internet access charges. Please check with your internet provider for information on possible internet data usage charges.
Geographic Limitation: You may watch a video through the Open Theatre Service only in geographic locations where Open Theatre offers the Open Theatre Website Service. The content that may be available to view will vary by geographic location. Open Theatre may use technologies to verify your geographic location.
6. User Reviews, Comments, and Other Material
As part of the Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") reviews, comments, or other materials (collectively, "User Material"). In order to keep the Services enjoyable for all of our users, you must adhere to the rules below.
Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly claims the identity of another person. Please note that if you Post User Material on Open Theatre using a third party service, such as a social network or email provider, your first and last name or username or profile name other user ID may appear to the public each time you Post. We advise that you do not, and you should also be careful if you decide to, Post additional personal information, such as your email address, telephone number, or street address.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Open Theatre the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Open Theatre will remove all User Material if we are properly notified that such User Material infringes on another person's rights. Open Theatre
By Posting User Material, you are not forfeiting any ownership rights in such material to Open Theatre . After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant Open Theatre a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the Services 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 Open Theatre is non-exclusive (meaning you are not prohibited by us from licensing your User Material to anyone else in addition to Open Theatre), fully-paid, royalty-free (meaning that Open Theatre is not required to pay you for the use of your User Material), and sub licensable (so that Open Theatre is able to use its affiliates, subcontractors, and other partners, such as internet content delivery networks, to provide the Services). By Posting your User Material, you also hereby grant each user of the Services a non-exclusive, limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Services and under these Terms.
Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Open Theatre does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Open Theatre. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does Open Theatre 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 Open Theatre with respect to such User Material.
7. Linked Destinations and Advertising
7.1 Third Party Destinations.
If we provide links or pointers to other websites or destinations, you should not infer or assume that Open Theatre operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the Services, we will not warn you that you have left the Services and are subject to the terms of use (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 to govern your use of another website or destination. Open Theatre is not responsible for the content or practices of any website or destination other than the Open Theatre Site, even if it links to the Open Theatre Site and even if the website or destination is operated by a company affiliated or otherwise connected with Open Theatre. By using the Services, you acknowledge and agree that Open Theatre is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Open Theatre Site.
7.2 Advertisements.
Open Theatre takes no responsibility for advertisements or any third-party material Posted on any Access Point where the Services are available, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers while using the Services are between you and the advertiser, and you agree that Open Theatre is not liable for any loss or claim that you may have against an advertiser.
8. Support
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.
Fiducia Entertainment Pvt. Ltd
63A/ Sadar Mode Ajeet Nagar Pratapgarh U.P 230002
.
E-mail: info@opentheatre.in
9. 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, Open Theatre 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.
10. Limitation of Liability
IN NO CASE SHALL Open Theatre, 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, Open Theatre 'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
11. Indemnity, Governing Law, Severability, Survival
Indemnity. You agree to defend, indemnify and hold harmless Open Theatre, 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 of Use; (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 of Use and Your use of the Service.
Governing Law. The relationship between You and Open Theatre 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) Open Theatre 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 Lucknow, India.
Severability. If any provision of these Terms of Use 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 shall not affect the validity and enforceability of remaining provisions.
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 of Use.
Entire Agreement
These Terms of Use and Privacy Policy shall be read in conjunction with & constitute the entire agreement between You and Open Theatre governing Your use of the Services, superseding any prior agreements between You and Open Theatre regarding such use.
Termination
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. Open Theatre may also impose limits on certain features and services or restrict your access to parts or all of the Open Theatre Services without any notice or liability.
Export Control Regulations
You hereby acknowledge agree to comply with all applicable laws regarding software and the transmission of technical data exported from the country in which you reside.