1. Description of Service
Film Tamasha is an online media service, providing our members with access to video and audio streamed over the Internet to computers, smartphones, tablets, Internet-connected TVs, and other devices. Please read and understand the terms below as they are the legal contract that governs your use of our service.
4. Access and Use of the Film Tamasha Service
Access Digital ContentThe Service may allow you to: (i) access Digital Content on a pay per view basis for viewing over a limited period of time ("Pay Per View Digital Content"), (ii) access Digital Content on a subscription basis for viewing over a limited period of time during a subscription period ("Subscription Digital Content"), (iii) access Digital Content by purchasing and downloading (“Purchase Digital Content”), and (iv) access Digital Content on a free or promotional basis for viewing over a limited period of time ("Free Digital Content"). Digital Content may be available on the Service as Pay Per View Digital Content, Subscription Digital Content, Purchased Digital Content, Free Digital Content, or any combination of those. The basis on which Digital Content is available on the Service will be indicated on the product detail page for that Digital Content on the Service. From time to time, we may add or remove Digital Content from the Service and may change the basis on which Digital Content is available on the Service.
License to Digital ContentSubject to your payment of any applicable fees (including applicable taxes) to rent, purchase, or otherwise obtain access to Digital Content, and your compliance with all other terms we specify for Digital Content or the Service, Film Tamasha grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license, during the applicable Viewing Period, to access, view, use and display the Digital Content in accordance with the Usage Rules, for Non-Commercial, Private Use. As used herein, "Non-Commercial, Private Use" means a presentation of Digital Content for which no fee or consideration of any kind (other than that which you pay to us to view the Digital Content) is charged or received, which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge) is limited to a private viewing for you and your invitees. Non-Commercial, Private Use specifically excludes any public presentation (e.g., a presentation in a dorm lounge) and any presentation by a place of public accommodation or other commercial establishment (e.g., a bar or restaurant), even if no fee is charged for viewing the Digital Content. To simplify your viewing and management of Digital Content that has a limited Viewing Period (such as Pay Per View Digital Content and Subscription Digital Content), we may automatically remove that Digital Content from your Compatible Device after the end of its Viewing Period, and you consent to such automatic removal. 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.
Availability of Pay Per View Digital ContentPay Per View Digital Content will generally continue to be available to you for streaming from the Service, as applicable, but may become unavailable due to potential content provider licensing restrictions and for other reasons, and Film Tamasha will not be liable to you if Pay Per View Content becomes unavailable for further streaming.
Streaming QualityWhen you stream Digital Content, the resolution and quality of the Digital Content you receive will depend on a number of factors, including the type of Compatible Device on which you are streaming the Digital Content and your bandwidth, which may go up and down over the course of your viewing. If we detect that Digital Content we are streaming to you may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, we may decrease the resolution and file size of the Digital Content we stream to you in an effort to provide an uninterrupted viewing experience. While we strive to provide you a high quality viewing experience, we make no guarantee as to the resolution or quality of the Digital Content you will receive when streaming, even if you have paid extra for access to high definition content.
General RestrictionsYou agree that Film Tamasha owns and retains all rights to the Film Tamasha Services. You further agree that the Content you access and view as part of the Film Tamasha Services is owned or controlled by Film Tamasha and film Tamasha's licensors. The Film Tamasha Services and the Content are protected by copyright, trademark, and other intellectual property laws. You may not transfer, copy or display the Digital Content. In addition, you may not: i. sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Digital Content to any third party; ii. remove any proprietary notices or labels on the Digital Content; iii. attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the Service; or, iv. use the Service or Digital Content for any commercial or illegal purpose.
Suspension and DiscontinuationWe hope not to, but we may change, suspend, or discontinue — temporarily or permanently — some or all of the Film Tamasha Services (including the Content and the devices through which the Film Tamasha Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that Film Tamasha may do so in Film Tamasha's sole discretion. You also agree that Film Tamasha will not be liable to you for any modification, suspension, or discontinuance of the Film Tamasha Services.
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
5. Subscription and Payments and Billing
Our subscription services are dynamic services and the specific Subscription Digital Content available and amount of Subscription Digital Content available will generally change over time. We make no guarantee as to the availability of specific Subscription Digital Content or the minimum amount of Subscription Digital Content available in any subscription. You can find the specific details regarding your account with Film Tamasha at anytime by clicking on the "My Account" link in the Film Tamasha web browser client. All transactions, unless otherwise noted, will be billed in US Dollars ($USD) or INR (Indian Rupees)
Ongoing SubscriptionYour Film Tamasha subscription will continue in effect unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. We will bill the monthly membership fee at the then current rate plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Subscription fees are fully earned upon payment.
CancellationYou may cancel your Film Tamasha subscription at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. Unless otherwise noted, to cancel your subscription, visit the associated Film Tamasha channel to which you are subscribed and click the "Cancel Subscription" function within the "Your Account" page and follow the instructions for cancellation under the heading "Cancel Subscription."
All Rental and Sales FinalAll purchases and rentals of Digital Content are final. We do not accept returns of Digital Content.
Credit ExpiryUnused credits purchased with the Film Tamasha system will expire after 365 days from purchase.
6. Account Access; Identity Protection
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or Film Tamasha compatible device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a computer or Film Tamasha compatible device, you should logout and/or deactivate the device before doing so. If you fail to log out or deactivate your device, subsequent users may be able to access certain of your account information.
If you find that you're a victim of identity theft and it involves a Film Tamasha account, you should notify customer service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any emails requesting that you submit credit card or other account information. These types of emails, also known as phishing emails, can result in identity theft. Always access your sensitive account information by going directly to the Film tamasha website and not through a hyperlink in an email, even if it looks official. Film Tamasha reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Film Tamasha is not obligated to credit or discount a membership for holds placed on the account by either a representative of Film Tamasha or by the automated processes of Film Tamasha.
8. Disclaimers of Warranties and Limitations on Liability
THE FILM TAMASHA SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES AS WELL AS OUR CONTENT PROVIDERS, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE FILM TAMASHA SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE AND OUR LICENSORS AND CONTENT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE FILM TAMASHA SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. FILM TAMASHA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE FILM TAMASHA SERVICE, INCLUDING USE OF OUR SOFTWARE OR FUNCTIONALITIES, WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FILM TAMASHA MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE FILM TAMASHA SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU.FILM TAMASHA SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, FILM TAMASHA READY DEVICES, AND FILM TAMASHA SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). Without limiting the foregoing, we and our licensors and our content providers assume no liability or responsibility for any of the following: (i) recommendations or advice of Customer Service; (ii) any failure or interruption in the availability of the Film Tamasha service and/or website or user interfaces; (iii) delivery and or display of any content contained on the Film Tamasha website, user interfaces, or otherwise through the Film Tamasha service; and (iv) any losses or damages arising from the use of the content provided on the Film Tamasha website, user interfaces, or otherwise through the Film Tamasha service itself, including any losses or damages arising from downloading of related software, downloading and/or use of any other software, including the remote desktop tool offered by Customer Service, or any conduct by users of the Film Tamasha service, website or user interfaces. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS AND OUR CONTENT PROVIDERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on written media, audio or video from the Film Tamasha service or the descriptions of any content contained on our website or user interfaces. We do not represent or guarantee that your use of the Film Tamasha service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Film Tamasha or its affiliated parties.
FILM TAMASHA MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING FILM TAMASHA READY DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. Additional disclaimers or limitations of liability may be contained in the various software end user license agreements you have agreed to by using our service.
9. Intellectual Property
10. Service Content
We distribute audio and video, and we reserve the right to display and promote the content or other information through our service, including our website and user interfaces, to you in any manner we choose in our sole and absolute discretion. In addition, the FIlm Tamasha service allows you and other third parties to post reviews or comments concerning the content distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the FIlm Tamasha service are those of the respective authors or producers and not of FIlm Tamasha, or its shareholders, directors, officers, or employees or licensors. Under no circumstances shall FIlm Tamasha, or its shareholders, directors, officers, directors, or employees or Licensors be held liable for any loss or damage caused by your reliance on information obtained through the FIlm Tamasha service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the FIlm Tamasha service.
11. Use of Information Submitted
Film Tamasha is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Film Tamasha service, including the FilmTamasha website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Film Tamasha service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
Please note Film Tamasha does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Film Tamsha. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Film Tamasha and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
11. Electronic Communications
By using the Film Tamasha service, you consent to receiving electronic communications from Film Tamasha and/or the administrator of the channel. These communications will include notices about your account (e.g., password change confirmation e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with Film Tamasha and you receive them as part of the Film Tamasha service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
12. Customer Service
If you need assistance with your account, you may contact Customer Service at any time via email at email@example.com
13. Your Conduct in Accessing the Film Tamasha Service
By accessing the Film Tamasha service, including the Film Tamasha website and user interfaces, you agree to use the Film Tamasha service, including all audio, video, features and functionalities associated therewith, the website and user interfaces and all content and software associated therewith in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material 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 associated with the Film Tamasha service. You also agree not to interfere with the servers or networks connected to any portions of the Film Tamasha service or to violate any of the procedures, policies or regulations of networks connected to the Film Tamasha service. You also agree not to impersonate any other person while using the Film Tamasha service, conduct yourself in a vulgar or offensive manner while using the Film Tamasha service, or use the Film Tamasha service for any unlawful purpose.
14. Limitations on Use
15. Links and Pages
16. Claims of Copyright Infringement
It is the policy of Film Tamasha to respect the intellectual property rights of others. Film Tamasha does not promote, foster or condone the copying of written media, audio, video, or other digitally delivered content or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material available through the Film Tamasha service, or know of someone who is making unauthorized use of the content available through the Film Tamasha service, please notify us at the address specified below of your concern by submitting a signed written notice containing all of the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest; (ii) Identification of the copyrighted work claimed to have been infringed; (iii) Identification of the material available through the Film Tamasha service that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material; (iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.