PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING AND USING THE FILLUM MOBILE APPLICATION AND OR WEBSITE (HEREINAFTER REFERRED TO AS “APP”), WHICH IS OWNED AND OPERATED BY STARARAMA LLC, BASED IN MASSACHUSETTS, US (HEREINAFTER REFERRED TO AS “FILLUM”, “WE”, “OUR” OR “US”). THESE TERMS, AS MODIFIED OR AMENDED FROM TIME TO TIME, CONSTITUTE A BINDING CONTRACT BETWEEN US AND YOU (“YOU”, “YOUR” OR “USER(S)”). THESE TERMS AND CONDITIONS (HEREINAFTER REFERRED TO AS “TERMS OF USE”) AS WELL AS THE PRIVACY POLICY AND ALL OTHER APPLICABLE LAWS AND REGULATIONS GOVERN YOUR ACCESS, AND USE OF THE APP.
YOUR ACCESS OR USE OF OUR APP INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE, AND ALL APPLICABLE LAWS AND REGULATIONS. IN CASE YOU ARE AN ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO LEGALLY BIND YOUR ORGANIZATION AND YOUR ORGANIZATION WILL BE BOUND BY THE OBLIGATIONS AND RESTRICTIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, OR DO NOT HAVE THE AUTHORITY TO BIND YOUR ORGANIZATION TO THESE TERMS OF USE, THEN DO NOT ACCESS OR USE THIS APP.
This document is an electronic record, and is deemed electronically executed on opening, accessing, or using Our App and is legally binding and does not require any physical or digital signatures. This Terms of Use was last updated on December 1 , 2020.
ABOUT OUR SERVICES:
Our App is a venue/platform for users to access and stream, over the internet and internet connected devises, audio-visual content and information relating to the Indian entertainment industry, collectively referred to as the “Service(s)”.
ELIGIBILITY
The App is intended for use by a User, who is an individual or business entity/organization that legally operates in the US or in other countries. Our Services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, those who are considered minors per their domestic laws are not eligible to use Our Services.
We reserve the right to refuse the Service to anyone at any time.
USER ACCOUNT
You may be required to register with the App as a User by filling out the registration form provided in the sign-up area of the App while accessing or using the App. You may access the App as a visitor without registering with the App, however, this may prevent You from availing certain Services offered by Us. During registration or while accessing the App You may be required to furnish certain information and details, including Your name, e-mail id, contact number, and any other information that is deemed necessary by Us. (“Account Information”).
You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your device to prevent unauthorized access to Your account or password. You should take all necessary steps to ensure that the password is kept confidential and shall take immediate steps to inform Us immediately if You have any reason to believe that Your account has been hacked or comprised by any third party.
You expressly agree and acknowledge that the Account Information provided by You is accurate and true. You hereby agree and understand that We reserve the right to refuse access to the App and/or Our Services, terminate Your account, refrain from providing any Services and remove or edit any content posted by You without any notice to You.
PRIVACY POLICY
Please read Our Privacy Policy, which is incorporated into these Terms of Use and governs Your use and access to the App. The information and/or data provided to or collected by Us during the course of Your usage of the App will be treated in a confidential manner and in accordance with Our Privacy Policy as well as the applicable laws and regulations. You may find Our Privacy Policy at www.fillum.app/privacy-policy/ .
ACCESS TO THE APP
We shall take all necessary and reasonable steps to ensure the uninterrupted availability of the App at all times. However, We do not guarantee the uninterrupted availability of the App at all times. Your access to the App may be occasionally suspended or restricted to allow for repairs, maintenance, updates or for the introduction of new facilities or services at any time without prior notice.
We hereby grant You a limited license to access and make personal use of the App and the Services offered by Us in accordance with these Terms of Use or Our polices as introduced or modified or amended from time to time.
CONTENT/ACTIVITY PROHIBITED
You are prohibited from using the App and its content:
- (a) for any unlawful purpose;
- (b) to solicit others to perform or participate in any unlawful acts;
- (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- (f) to submit false or misleading information;
- (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the App, other websites, or the Internet;
- (h) to collect or track the personal information of others;
- (i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
- (j) for any obscene or immoral purpose; or
- (k) to interfere with or circumvent the security features of the App or any related website, other websites, or the Internet.
- (l) for any other purpose besides personal, non-commercial use (you may not screen or display any films, stories in the form of music videos (“Storicles”), or any other audio or audio-visual work from the Service in a public setting, or for commercial gain).
INTELLECTUAL PROPERTY RIGHTS
All right, title and interest including all intellectual property rights in the App and its contents including without limitation, texts, logos, designs, images, formats, documents, videos, links, graphics and all other materials published on this App, including films, Storicles, and any other audio or audio-visual works, (hereinafter collectively referred to as “Contents”) are the sole and exclusive property of FILLUM, or licensed to FILLUM for specific and limited use.
You shall not directly or indirectly, copy, reproduce, modify, edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, publish, distribute, circulate, communicate to the public, disseminate, transmit, sell, rent, lease, lend, assign, license, sub-license, market, promote, circulate, exploit, digitally alter or manipulate the App or its Contents or any parts thereof in any manner, without Our prior written permission, and if applicable, the written permission of the respective rights holders of the Content in question.
THIRD-PARTY LINKS
This App contains links to other apps and websites. You understand that these linked sites are not under Our control, and We are not responsible for the contents of such linked sites. These links have been provided to You only as a convenience and the inclusion of any such link does not imply endorsement by Us of such parties or any association with such sites or its operators.
NO WARRANTIES AND LIMITATION OF LIABILITY
THE APP, ITS CONTENTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, FILLUM DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL FILLUM OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, FOR LOSS OF PROFITS, OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE APP OR ITS CONTENTS.
MODIFICATIONS
We reserve the right 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 App, at any time, without notice to You. Any material updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to as “Additional Terms”) will be posted on the App and will be effective immediately. You hereby agree to be bound by all such Additional Terms and Your continued use of the App shall be deemed to be the acceptance of such Additional Terms. All updated terms can be viewed on the App.
INDEMNITY
You hereby agree to indemnify and hold harmless FILLUM and its employees, affiliates, associates and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debts and expenses including reasonable attorney’s fees arising directly or indirectly from Your breach of these Terms of Use or any applicable laws or regulations while using the App.
LAW, JURISDICTION AND ARBITRATION
This Terms of Use shall be governed, interpreted and construed in accordance with the laws of the United States of America.
COMMUNICATIONS AND SUPPORT
If you have any questions, complaints or claims with respect to the App, then such correspondence should be directed to the email address as given here: info@stararama.app
NO WAIVER
Save and except as expressly provided in this Agreement, no exercise, or failure to exercise, or delay in exercising any right, power, or remedy vested with Us under or pursuant to this Agreement, shall constitute a waiver by Us of that or any other right, power, or remedy.
SEVERABILITY
If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from these Terms of Use.
The Terms of Use and the Privacy Policy constitute the entire agreement between You and Us with respect to the access and use of the App, superseding any prior written or oral agreements in relation to the same subject matter herein.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND UNCONDITIONALLY ACCEPT TO BE BOUND BY THE SAME.