Terms & Conditions
- Minimum Age. User of the App must be at least 18 years old or any other age as may be set out by the law governing the territory, to use or to register at the App for the Content. By consuming the Content on the App, the User represents and warrants that he/ she is a minimum 18 years old or of a legally permissible age.
- By creating an account and/ or consuming the Content, the User represents and warrants that:
o The User can form a binding contract with TubeNight,
o The User will comply with this Agreement and all applicable Local, State, National and International laws, rules and regulations.
- INTELLECTUAL PROPERTY RIGHTS
The Content available on this app is protected under the Trademark and Copyright Laws of India therefore any user illegally distributing the copyrighted material whether streamed or downloaded from this App shall be liable to be prosecuted under the appropriate law. It is expressly agreed and clarified that TubeNight shall retain all right, title and interest in the trademarks, logos, trade names, identifying slogans or similar intellectual property and that nothing contained in this Agreement, nor the use of the trademarks, logos, trade names, identifying slogans or similar intellectual property on the publicity, advertising, promotional or other material in relation to the Content shall be construed as giving to any Party any right, title or interest of any nature whatsoever to any of the other Party's trademarks, logos, trade names, identifying slogans or similar intellectual property.
The User agrees, to the extent permitted under applicable law, to indemnify, defend and hold harmless TubeNight, its affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to the User’s access to or consumption of the Content, the User’s content, or the User’s breach of this Agreement.
- LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event will TubeNight, its affiliates, employees, licensors or service/content providers be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (i) the User’s access to or use of or inability to access or consume the content, (ii) the conduct or content of other users or third parties on, through, or following use of the services or consumption of content; or (iii) unauthorized access, use or alteration of the User’s content, even if TubeNight has been advised of the possibility of such damages. In no event will TubeNight’s aggregate liability to the User for all claims relating to the Content exceed the amount paid, if any, by the User to TubeNight for the service while the User has an account.
Content is available for Free as well as for a consideration, with Ads as well as Ad-free. Various Payment methods are available for the User’s ease, being - Telco (Operator based billing), Credit Card/Debit Card based, Net Banking, Mobile Wallet. The User has the option to buy & access Content as follows:
Pay per view - PPV.
- Unless you have cancelled your membership, you authorize us to charge your subsequent period’s membership fee to your Payment method, on an auto renewal basis unless otherwise opted out.
- You can cancel your membership at any time, and you will continue to have access to our service through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-month membership periods or unwatched content. You can go to your “My Account” page and follow further instructions to cancel subscription to our services. If you cancel your subscription, it will come to an end automatically at the end of the billing period. In the event, where you have used third party services to create an account with us, or use our services, you will have to check your settings on such third party services to ensure that your subscription is cancelled.
Generally, all charges for Purchases are non-refundable, and there are no refunds or credits for partially used periods.
No failure or delay relating to the exercise of any right, privilege or remedy provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any preceding or succeeding breach nor shall any single or partial exercise of any right power, privilege or remedy preclude any other or further exercise of any right power privilege or remedy all of which are several and cumulative and are not exclusive of each other or of any other rights or remedies otherwise available to a Party at law or in equity.
- ASSIGNMENT AND SUB-LICENSING
The rights of the Content provided through this app may not be transferred, assigned or delegated to anyone. Any attempt by the User to assign, transfer or delegate any right which comes under this Agreement shall be null and void. This Agreement includes but is not limited to the complete and exclusive agreement between TubeNight and the User with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated.
If for any reason whatsoever any provision of this Agreement becomes invalid, illegal or unenforceable or is declared by any Court of Competent Jurisdiction or any other instrumentality to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall not be affected in any manner.
- RIGHTS YOU GRANT TO TUBENIGHT
- i. By creating an account or interacting with the App, the User grants to TubeNight a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information of the User from any social media account or other account used to sign in or sign up to use the Services.
- The User understands and agrees that we may monitor or review any content the User posts as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Content.
iii. When communicating with our customer care representatives, the User agrees to be respectful and kind. If we feel that the User’s behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate the User’s account.
- In consideration for TubeNight allowing the User to use the Services, the User agrees that we, our affiliates, and our third-party partners may place advertising on the Services. By submitting suggestions or feedback to TubeNight regarding our Services, the User agrees that TubeNight may use and share such feedback for any purpose without compensating the User.
- The User agrees that TubeNight may access, preserve and disclose the User’s account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims when any content by the User violates the rights of third parties; (iv) respond to the User’s requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
- MODIYFING THE SERVICES AND TERMINATION
- i. TubeNight is always striving to improve the Content and bring the User additional functionality that the User will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect the User’s rights or obligations, we may not provide the User with notice before taking them. We may even suspend the Content entirely, in which event we will notify the User in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
iii. We may terminate or suspend access to our Content immediately, without prior notice or liability, for any reason whatsoever, including without limitation if acts by the User breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitation of liability.
In case of any dispute between the User and TubeNight with reference to the existence, validity, contents of this Agreement, the User agrees that such disputes between them may be resolved exclusively through arbitration by a sole arbitrator to be appointed by TubeNight. The arbitration proceedings shall be conducted in Mumbai, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. The arbitration proceedings shall be conducted in the English language and the costs of arbitration shall be borne by the User, unless otherwise directed by the arbitrator in his arbitral award. The decision of the arbitrator shall be final and binding on both the Parties.
- GOVERNING LAW
Any dispute arising out of or in relation to this Agreement shall be subject to the exclusive Jurisdiction of competent Courts at Mumbai only.
All information, technology and service provided shall, at all times, be on a "as is" and "as available" basis and TubeNight hereby states that any representation or warranty of any kind, express or implied, as to the application or its operation is not undertaken by TubeNight to the maximum extent permitted by applicable law, TubeNight and its licensors, and syndication partners, disclaim all warranties, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non infringement. TubeNight makes no warranty that the App will meet the User’s requirements, or that the App shall be uninterrupted, timely, secure, or error free; nor does TubeNight make any warranty as to the results that may be obtained from the application or as to the accuracy or reliability of any content obtained through the application. This Agreement or any other communication in electronic form or printed shall be admissible in judicial or administrative proceedings as if produced in printed form.