SpotLight

nexGTv Spotlight | User Agreement

USER AGREEMENT

DIGIVIVE SERVICES PRIVATE LIMITED (hereinafter referred to as the “DSPL”) IS THE OWNER AND OPERATOR OF A WEBSITE NAMED www.nexgtvspotlight.com AND PROVIDES VARIED SERVICES ON, FROM OR THROUGH THE WEBSITE. BY USING OR VISITING THE WEBSITE OR ANY PRODUCTS, SOFTWARE, DATA FEEDS, AND SERVICES PROVIDED TO YOU ON, FROM, OR THROUGH THE WEBSITE (COLLECTIVELY THE "SERVICE"), YOU AGREE TO BE CONTRACTUALLY BOUND BY THE FOLLOWING TERMS OF USE AGREEMENT (the “Terms of Use”) AND PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DISCONTINUE ALL USE OF THE SITES (AS DEFINED HEREINBELOW) IMMEDIATELY.
  • 1. SERVICE
    • These Terms of Use apply to all users of the Service, including users who are also providers of Content on the Service (hereinafter referred to as “Content Provider”). “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of DSPL, including but not limited to all products, software and services offered via the website, such as the channels, the "Uploader" and other applications.

    • The Service may contain links to third party websites that are not owned or controlled by DSPL. DSPL has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, DSPL will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve DSPL from any and all liability arising from your use of any third-party website.

    • Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

  • 2. DSPL ACCOUNTS
    • In order to access some features of the Service, you will have to create an Account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify DSPL immediately of any breach of security or unauthorized use of your account.

    • Although DSPL will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of DSPL or others due to such unauthorized use.

  • 3. GENERAL USE OF THE SERVICE—PERMISSIONS AND RESTRICTIONS

    DSPL hereby grants you permission to access and use the Service as set forth in these Terms of Use, provided that:

    • You agree not to distribute in any medium any part of the Service or the Content without DSPL's prior written authorization, unless DSPL makes available the means for such distribution through functionality offered by the Service.

    • You agree not to alter or modify any part of the Service.

    • You agree not to access Content through any technology or means other than the video playback pages of the Service itself, the Embeddable Player, or other explicitly authorized means DSPL may designate.

    • You agree not to use the Service for any of the following commercial uses unless you obtain DSPL's prior written approval:
      • the sale of access to the Service;
      • the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
      • the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from DSPL appears on the same page and is of sufficient value to be the basis for such sales.

    • Prohibited commercial uses do not include:
      • uploading an original video to DSPL, or maintaining an original channel on DSPL, to promote your business or artistic enterprise;
      • showing DSPL videos through the Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictions set forth above in Section 4.D; or
      • any use that DSPL expressly authorizes in writing.

    • If you use the Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the DSPL website.

    • If you use the DSPL Uploader, you agree that it may automatically download and install updates from time to time from DSPL. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit DSPL to deliver these to you) as part of your use of the Uploader.

    • DSPL grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. DSPL reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.

    • In your use of the Service, you will comply with all applicable laws.
    • DSPL reserves the right to discontinue any aspect of the Service at any time.

  • 4. Your Use of Content

    In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

    • The Content on the Service, and the trademarks, service marks and logos on the Service, are owned by or licensed to DSPL, subject to copyright and other intellectual property rights under the law.

    • Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Use. You shall not download any Content unless displayed by DSPL on the Service for that Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of DSPL or the respective licensors of the Content. DSPL and its licensors reserve all rights not expressly granted in and to the Service and the Content.

    • You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

    • You agree that anything that artificially increases the number of views, likes, comments, or other metric either through the use of automatic systems or by serving up videos to unsuspecting viewers, is against our terms. Videos and accounts that are found to be in violation of our terms may be closed down and removed by DSPL.

    • You understand that when using the Service, you will be exposed to Content from a variety of sources, and that DSPL is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against DSPL with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless DSPL, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

  • 5. Your Content and Conduct
    • You undertake not to provide any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, promotes violence, is invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; impersonate any person or entity, including, but not limited to, a DSPL official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.

    • Forge or otherwise manipulate identifiers in order to disguise the origin of any content transmitted.

    • Make available any content that you do not have a right to make available, under any law or under contractual or fiduciary relationships (such as inside, proprietary or confidential information, learned or disclosed as part of employment relationships or under nondisclosure agreements).

    • Make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

    • Make available any unsolicited or unauthorised advertising, promotional Content or any other form of business solicitation.

    • Make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of DSPL.

    • Violate any applicable local, state, national or international law, any regulations having the force of law.

    • You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to DSPL all trademarks, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Use.

    • For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to DSPL, you hereby grant DSPL a worldwide, exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the Content in connection with the Service and DSPL's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display, publish, make available online or electronically transmit, and perform such Content as permitted through the functionality of the Service and under these Terms of Use. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that DSPL may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

    • In consideration of the exclusive right granted herein, the Content Provider shall not upload, share, distribute or otherwise deal with the Content.

    • You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant DSPL all of the license rights granted herein.

    • You further agree that you will not submit to the Service any Content or other material that is contrary to applicable local, national, and international laws and regulations.

    • DSPL does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and DSPL expressly disclaims any and all liability in connection with Content. DSPL does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and DSPL will remove all Content if properly notified that such Content infringes on another's intellectual property rights. DSPL reserves the right to remove Content without prior notice.

  • 6. Account Termination Policy
    • DSPL will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
    • DSPL reserves the right to decide whether Content violates these Terms of Use for reasons other than copyright infringement, such as, but not limited to, pornography, or obscenity. DSPL may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Use.

  • 7. Copyright Policy

    All the content available for public access on DSPL is protected by copyright laws. Your use of this material must adhere to the following terms, unless you are the original contributor of the content to DSPL as covered below.

    • You may download any Content item for your personal, non-commercial use.

    • You may not modify any Content you download from DSPL. DSPL shall retain all copyright notices, trademarks and logos on any content item you download or print.

    • You may not make any Content item originating from DSPL available for public access by any means whatsoever without obtaining prior written permission from DSPL.

    • You may forward Content to third parties for private, non-commercial use, along with brief extracts that do not violate fair use guidelines.

    • You may post, or otherwise make publicly available Contents in any publicly accessible forum, so long as they follow standard fair use guidelines and DSPL is cited alongside as the original source with a link back to DSPL.

    • You truthfully assert that the Content being contributed is owned by you and you own the copyright to the content. Unless you have deliberately assigned the copyright to someone else, you automatically own the copyright to all of your original creations.

    • You truthfully assert you have not infringed on anybody else's copyright or any other intellectual property rights in the creation of this content.

    • We are not responsible or liable for loss if anyone violate your copyright and distribute your copyrighted content without your permission.

    • You grant us exclusive unlimited distribution rights and electronic distribution rights, and exclusive, unlimited print publication and distribution rights either through DSPL's own or through other media.

    • Once granted, the distribution rights cannot be revoked. In other words, once your contribution is with DSPL it automatically becomes a permanent part of the publicly-accessible DSPL archives. You may, however, subject to our approval, update or revise your contributions on DSPL.

    • You grant us the right to organise, categorise, collate your contributed Content and present it in any manner we see fit. We may remove or edit your contribution at our discretion without having to secure your permission. We will however make reasonable efforts to inform you of the changes.

    • We do not object to our Content Provider posting their DSPL contributions on other, freely accessible non-commercial internet locations, so long as DSPL is clearly cited as the original publisher, and a link to DSPL is provided. You, however, agree to secure our permission first before such re-publication on other internet sites happens.

  • 8. Limitation of Liability

    To the fullest extent permitted by law, in no event shall DSPL, its officers, Directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.
    We understand that, in some jurisdictions, warranties, disclaimers and conditions may apply that cannot be legally excluded, if that is true in your jurisdiction, then to the extent permitted by law, DSPL limits its liability for any claims under those warranties or conditions to either supplying you the services again (or the cost of supplying you the services again).
    You specifically acknowledge that DSPL shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
    The service is controlled and offered by DSPL from its facilities in the territory of India. DSPL makes no representations that the service is appropriate or available for use in other locations. Those who access or use the service from other jurisdictions do so at their own volition and are responsible for compliance with local law.


  • 9. Indemnity

    To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless DSPL, its parent corporation, 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 attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Service.


  • 10. Ability to Accept Terms of Use

    You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. We provide these Terms of Use with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms of Use and that you have agreed to them.


  • 11. Assignment

    These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DSPL without restriction.


  • 12. General

    You agree that: (i) the Service shall be deemed solely based in territory of India; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over DSPL, either specific or general, in jurisdictions other than India. In addition, for any dispute arising out of or related to the Service, the parties consent to personal jurisdiction in, and exclusive venue of, the courts in New Delhi, India. These Terms of Use, together with the Privacy Notice and any other legal notices published by DSPL on the Service, shall constitute the entire agreement between you and DSPL concerning the Service. If it turns out that a particular term is not enforceable, this will not affect any other terms. No waiver of any term of this Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and DSPL's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
    Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date. DSPL may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.