Subscribe Welcome to Reelies, a premium short audio-video streaming service owned and operated by Hermes Media Private Limited.
This user agreement (“User Agreement”) is an electronic record in terms of Information Technology Act, 2000 ("Act") and rules thereunder, and the provisions pertaining to electronic records in various statutes as amended from time to time. This User Agreement 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 of the Service, as defined below, and Hermes, as defined below, stating the terms that govern Your use of the Service as defined below. This User Agreement is published to govern Your access and/or usage of the Service (defined below). This User Agreement shall be read with the terms of the Privacy Policy.
Hermes provides to the customers of Hermes, who have subscribed to the Service currently branded as “Reelies” (including its other variants), access to various short content, inter alia, web-series, originals, trailers of any upcoming audio-visual content, videos and/or photos of their favourite characters from any audio-visual content, read recaps of serials, international content including viewing schedules of content offered (if any), provide interactive game plays (if any), etc. on or through the Service, and any other features, tools, applications, materials, or other services offered from time to time by Hermes in connection with its business, provided on or through the Service (hereinafter collectively referred to as “Primary Content”). The Service may also provide You certain content by integrating services and applications of other audio video streaming platforms (“Partner Content”). The Primary Content shall be referred to as “Hermes Content”.
To facilitate Your viewership and access, the Service may be packaged by Hermes and made accessible either (a) free of charge which may include advertisements or commercials; or (b) via subscription through payment of a subscription fee as per the relevant subscription plan selected by You which may or may not be advertisement supported; or (c) a pay-per-view model with or without advertisements/commercials or (d) via subscriptions offered by third parties in conjunction with the provision of their own products and services; or (e) with a combination of any, or all of the foregoing.
In this User Agreement, the following terms shall have the meaning as ascribed to them below:
“Service” means short audio video services provided by Hermes currently branded as “Reelies” and/or its other variants, to Users for accessing and watching Reelies Content, including all features and functionalities, the application, and user interfaces and software and websites/ web pages associated with the Service, whether accessed via computer, mobile device or other technology, manner or means and its associated mobile application and mobile sites. For the avoidance of doubt, the term ‘Service’, shall also include all the Reelies Content available for viewing therein, all our other services provided on or through the Service, and any software that We make available on or through the Service, unless otherwise specified.
"User" refers to you, an adult user (being a person of legal age and who can enter a contract in accordance with applicable laws of India) who accesses or subscribes to the Service and holding a valid account with Reelies.
" Hermes/Company " refers to Hermes Media Private Limited, which is the owner of all rights in this Service.
All references to "You" and "Your" shall mean the User. All references to "Hermes", "Company", "We", "Us" and "Our" shall mean Hermes.
By registering or subscribing to or accessing/using the Service, You represent, warrant and expressly agree that You are an adult having attained the Age of Majority, and that You will be responsible for ensuring that any child/children authorized by You to use and access the Services does/do so in accordance with this User Agreement (including other policies as referred to in the User Agreement or referred later). IF YOU DO NOT AGREE WITH ANY OR ALL OF THE FOLLOWING USER AGREEMENT (INCLUDING THE PRIVACY POLICY) YOU SHOULD NOT ACCESS OR USE THE SERVICE.
By accessing and/or using this Service, You consent, agree and undertake to abide, be bound by and adhere to all the terms and conditions as set forth under this User Agreement read together with the Privacy Policy referred to above and any other terms or policies which may govern the Service, from time to time. You shall be deemed to have used the Service anytime You access (via computer, mobile, handheld, internet enabled device or any other technology), view, link to or from, or otherwise interact or communicate with or connect to, the Service (or any parts thereof) or, to the extent applicable, interact or communicate with other users through the Service (including, without limitation, on message boards, chat rooms and/or other communities if any established on the Service).
I. REGISTRATION AND CREATION OF ACCOUNT
1. You should always, while accessing/using the Service (i) be a registered subscriber of Reelies; (ii) hold a valid Account (as defined below) with Reelies. to create an account the Service will require you to share certain personal information such as Your mobile number or Email Id or social media accounts (“Account”). Your mobile number or email id or social media accounts, must be verified by You to proceed further through one-time-password which will be sent to you via Short Messaging Services or on your email id (as the case may be).
2. You confirm and warrant that all the data and information relating to creation of Your Account, including without limitation, Your email address or mobile number or login-id, password, etc., that You supply (“Registration Data”) is accurate in all respects. You also agree to promptly update Your Registration Data (including any changes thereto) as necessary, so that Your Registration Data remains accurate at all times.
3. You are responsible for the security and proper use of Your Account details and Registration Data and must take all necessary steps to ensure that they are kept confidential, used properly, and not disclosed to unauthorized people. It is recommended that You do not share Your Account details and/ or Registration Data with any third party. Hermes accepts no liability for any losses or damages incurred because of (i) Your Account details being shared by You; or (ii) unauthorized access to Your Account by a third party.
4. If You have reason to believe that Your Account details have been obtained by another person without consent or that Your Registration Data or any parts thereof have been compromised or You become aware of any confidentiality breach or any unauthorized use of Your Account, You should contact Hermes at support@hermesmedia.in immediately to suspend Your Account and cancel any unauthorized subscription orders or payments (if any) that may be pending. Please be aware that subscription orders or payments (if any) can only be cancelled up until provision of Services has commenced. If an unauthorized provision commences prior to You notifying Hermes, as required under this section I (4), of the unauthorized nature of the order or payment, Hermes will suspend provision of Services and withdraw any scheduled payments, pending investigation. Following investigation, it shall be determined whether to cancel the Services or resume your Service post reverification and revalidation of Your Account. If Hermes reasonably believes that an account and password is being used / misused in any manner, Hermes reserves the right to cancel access rights immediately without notice, and block access to all users from that IP address. It is clarified that Hermes shall not be liable for any loss that You may incur because of someone else using Your password or Account.
5. You agree and understand that You are, and will be, communicating with Us through electronic media/ records. You acknowledge and specifically consent to receive all communication/ correspondence from (including for any request for feedback regarding the Service and/ or any of the Reelies Content, information relating to Your account such as payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices, etc.) via electronic records from Us and/ or Our affiliates and partners, periodically and/ or as and when required. We, or a third party authorised by Us, will communicate/ correspond with You via telephonic calls, email and/ or any push notification and/ or other form of instant messaging/ short service messaging service(s) and/ or through any other available electronic and internet-based means, to the email address and/ or mobile number and/ or other record(s) available with Us or made available to Us by You at the time of registration, all of which, shall be deemed adequate service of notice / electronic record.
II. ACCESS TO THE SERVICE
1. Some of the Reelies Content made available on the Service is being provided to You for free and there are no subscription charges for the usage of the Service, provided however, You may still be required to register Yourself and create an Account in order to view the free and/ or the advertisement-supported Reelies Content. However, the Company reserves the right to adopt any method of monetization through the Service in the future as it deems fit.
2. This Service is offered and made available only to Users above the age of 18 years (or above 21 years of age, where a guardian is appointed as per the Majority Act of 1875) ("Age of Majority"). The Service may include a section that exclusively provides access to only child-friendly content. However, in all cases, only persons of the Age of Majority are allowed to register any Account on the Services and will always be responsible for the operation of any such Account.
3. If You are under the Age of Majority and access or continue accessing the Service, the Company will assume that such access/ utilization of the Service is being done only with the involvement and express consent of Your parent/ legal guardian and that You have reviewed this User Agreement and the Privacy Policy.
Your parent/legal guardian and that Your parent/legal guardian understands and agrees to it on Your behalf. You and Your parents/legal guardians confirm that the Service is offered to You for Your enjoyment and this User Agreement shall constitute a legally binding user agreement between Hermes and Your parents/guardians who are contracting on behalf of You. Some content offered on the site may not be appropriate for viewership by children. Parents and/or legal guardians are advised to comply with applicable laws and exercise discretion before allowing their children and/or wards to access content on the Service. Where Users are below the Age of Majority, all references to "User", "You" and "Your" shall mean and include You and Your parents/ legal guardians acting for and on Your behalf for Your benefit.
4. Some of the Reelies Content offered on the Service may not be suitable for some Users and therefore viewer discretion/parental discretion and guidance, is advised. Users are advised to exercise discretion before viewing or allowing their children and/or wards to view Reelies Content. Should any User choose to access such Reelies Content that is qualified by viewer/parental discretion, then, it shall be deemed that such User has voluntarily chosen to access such Reelies Content, because he / she wants to view the same and does not find the said Reelies Content to be offensive or obscene or indecent or objectionable, and that that such User will exit the Service immediately should he / she perceive any such Reelies Content unsuitable for his or her viewing. Age-ratings, Disclaimer and content descriptors for the Reelies Content is separately available on the Application / web browser and You are requested to go through the age ratings Disclaimer and content descriptors prior to exercising Your discretion to watch or permitting Your child/ ward to watch the Reelies Content.
5. This User Agreement, governs Your access of the Service and any data, message, text, image, audio, sound, voice, codes, computer programmes, software, database, microfilm, video, information, content, interactive elements/features etc. that You host, publish, share, transact, display, upload and/or engage with.
6. Please note that the availability of the Service is for worldwide, and Your ability to access, the Service and/ or the Reelies Content and/ or any parts thereof is subject to: (a) Hermes’s sole discretion; (b) may be dependent on Your geographical location, for the verification of which, Hermes may use technologies and/or other mechanisms; and (c) the condition that; not all Reelies Content or the Service will be available to all viewers. You understand that Your access to the Service and the Reelies Content may vary depending upon Your device specifications, availability of internet connection, speed, bandwidth, etc. You acknowledge and agree that We will provide You access to the Service only and that You will be solely responsible for all equipment as may be necessary for You to access the internet, mobile and/or other connection, operator, and service fees associated with Your access, etc.
7. The quality of the display of the Reelies Content may vary from device to device, and may be affected by a variety of factors, such as Your location, the bandwidth available and/or speed of Your internet connection, Your opted Subscription Plan (defined below) or otherwise. HD, Ultra HD and HDR or any other high-resolution content availability is subject to Your internet service, Your opted Subscription Plan (defined below) or otherwise and device capabilities, and We recommend a faster internet connection for display of such higher resolution video formats. Not all Reelies Content shall be available in all formats, and not all Subscription Plans may allow You to receive Reelies Content in all formats. The availability of formats shall be subject to change at the discretion of Hermes, and Hermes reserves the right to not provide a format at any time, without any notice.
8. There may be limitations which may include but not be limited to the number of devices per User, video resolution, access to mobile only depending on whether and which Subscription Plan is selected by You and this can be changed from time to time as per the sole discretion of Hermes.
9. The Service can be availed through such platforms, software, devices, operating systems, etc., that Hermes approves/ authorizes, from time to time (“Compatible System”). In some cases, whether a device is (or remains) a Compatible System may depend on software or platform provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible System at one time may cease to be Compatible System in the future. Subject to compatibility, You may be able to access the Service through mobile phones, smart televisions, connected Televisions, tablets and other IP based connected devices, internet enabled devices, and/ or any Compatible System offered by a partner authorized by Hermes, from time to time.
10. You shall not access or use the Service or the Reelies Content therein by means of any mechanism or technology which masks, disguises, or conceals Your actual geo-location or provides incorrect details of Your location (for example, use a virtual private network (VPN).
11. You agree that Hermes shall be under no liability whatsoever to You in the event of non-availability of the Service or any part thereof, occasioned by any Act of God or force majeure event, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite/ internet failure, failure of any public utility, man-made disaster, or any other cause whatsoever beyond the control of Hermes.
12. Hermes reserves the right to do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of, or access to. the Service or to the Reelies Content, or any part thereof, for any reason; (ii) to modify or change the Service or the Reelies Content, or any part thereof, and any applicable policies or terms therein; and (iii) to interrupt the operation of the Service, or any part thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes; (iv) issue updates to the Service and/ or any of the Materials, periodically, including improve existing, or add new, functionality and/or features, make reasonable technical changes, ensure the ongoing operability of the Service, or for legal or security reasons, where considered reasonably necessary by Hermes; and (v) to change the availability of any Reelies Content in one or more Subscription Plans including the right to change the pricing model of any Reelies Content from free of charge to payment supported(as part of any Subscription Plans) or vice versa. You agree that updates and modifications may be carried out or applied automatically, without You needing to take any action. Where an update or modification is not automatic, it will only take effect once installed by You. In some cases, You may be required to update Your device (including software, operating system versions, etc) in order to make such device compatible with such upgrades/ updates, etc. Hermes shall not be responsible or liable to You In the event You are unable to access the Service or view the Reelies Content due to Your failure or inability to update Your device.
III. SUBSCRIPTION SERVICES
1. Some of the Reelies Content made available on the Services, marked, and categorized as “premium” may be availed only by registered Users who have opted for any specific subscription plan (“Subscription User”). To become a Subscription User, You may be required to provide certain additional personal information as part of the registration process, and make payment of a Subscription Fee (as defined hereinafter).
2. Hermes may offer different kinds of Subscription plans as available on https://www.reelies.com/subscription/plans or on the plans page on Reelies application (“Subscription Plans”), each of these Subscription Plans will be subject to different limitations and restrictions and the cost of each of these Subscription Plans may vary at the sole discretion of Hermes. The number of devices on which You may simultaneously watch may depend on Your chosen Subscription Plan. Hermes may, at its sole discretion, also offer certain features, benefits and value additions, that are over and above the features and benefits specifically made available to You under Your existing Subscription plan, for an additional fee, or otherwise.
3. Some and/ or all of the Subscription Plan(s) offered by Hermes may contain advertisements/ commercials included in the Reelies Content. Some Reelies Content which are premier content, when accessed, may show advertisements even where the Subscription Plan selected by You may be an advertisement free plan. Hermes reserves the right to offer, anytime in the future, various other kinds of Subscription Plans offering completely ad-free and/ or full access to various kinds of premier Reelies Content, etc, all as determined by Hermes at its sole discretion, from time to time.
4. Hermes shall have the discretion to make, or not to make certain Reelies Content, that is a part of the Subscription Plan available to You, available on more than one end user Compatible System concurrently. Hermes reserves the right to change, supplement, alter or remove any of the Reelies Content that is subject to a Subscription Fee/ Subscription Plan as it deems fit. Hermes does not guarantee the availability of a specific Reelies Content or any minimum Reelies Content that is subject to a Subscription Fee/ Subscription Plan. Hermes reserves the right, at any time, with or without notice and without any liability to: (i) replace or otherwise withdraw any Subscription Packages or Reelies Content; (ii) change or reduce the number of hours of any Reelies Content; (iii) blackout any Reelies Content; (iv) modify the prices for any Subscription Packages or any part of the Service; and (v) change any packaging and introduce base and add-on packages and/or offer channels or any other content on a-la-carte basis or additional fee basis. Third parties that may provide their subscription services on, through or as part of the Service may change or discontinue the features of their services or the content in their services, and Hermes is not responsible for the content contained in any such third-party subscription service or the features of these services. You shall be solely responsible for compliance of local laws when it comes to accessing the Services and Reelies Content which will be accessed by You via the App in your location.
5. It is expressly clarified that any Subscription Plans offered to You on the Service are offered by Hermes either directly or via any payment gateway service providers.
IV. SUBSCRIPTION FEE AND SUBSCRIPTION TERM
1. After successful creation of the Account, You will be required to pay a subscription fee for accessing the Service, depending on Your selection of one or more of the Subscription Plan options as made available by Hermes from time-to-time (“Subscription Fee”).
2. The Subscription Fees specified for each Subscription Plan are inclusive of applicable taxes.
3. Hermes will be using third party payment gateways to process and facilitate the payment of the Subscription Fee. On successful completion of the payment of the Subscription Fee and receipt of confirmation e-mail by User, the Subscription Plan subscribed by You will become active and You will be granted access to the Service categorized under “Subscribe Now”. In certain cases, post completion of the payment to the Subscription Fee, Your Service activation may be delayed due to operational reasons.
4. The Subscription Plans opted by You will be applicable for a specified period (“Subscription Term”) which may be a day, a week, a month, or such period as indicated on the platform, from the date You subscribed the Service. Service shall remain active for the relevant Subscription Term.
5. You can access the status of Your subscription anytime through the “Profile” section.
6. Hermes reserves the right to change, terminate or otherwise amend the subscription packages, Subscription Fees, and payment cycles at its sole discretion and at any time. Such amendments shall be effective upon posting on the Service. Your continued use of the Service shall be deemed to be Your conclusive acceptance of all such amendments. If You do not accept, or do not wish to be subject to such amendments, Your sole recourse shall be to cancel Your membership and discontinue using the Service.
7. In case of revision in the Subscription Fee for a particular membership plan for any extension, Hermes may give You an advance notice of such revision whether by way of notification on the Service itself or through Your registered e-mail or registered mobile number (as the case may be). Your continued use of the Service post such notification upon commencement of extension period, shall be construed as express acceptance of the revised Subscription Fees.
8. You understand and agree that the Service as per revised plan opted (if any) by You shall be effective only after the expiry of the then current Subscription Term, subject to You making all necessary payments.
9. Post cancellation of Your subscription, if You wish to re-subscribe to the Service, You may do so from the “Profile” section.
V. TERMS FOR BILLING, PAYMENT & CANCELLATION
1. The Subscription Fee will be billed as per Your selected Payment Method (defined hereunder) for the Subscription Plan selected by You at the time of Account creation/ registration, and such Subscription Fee shall be effective from the beginning of Your Subscription Term till the end of the Subscription Term. After the completion of the Subscription Term, the Service shall stand discontinued. After the discontinuation, You need to make payment for another Subscription Term by making one-time payment for such applicable Subscription Term.
2. “Payment Method” shall mean a current, valid accepted payment method and shall include the Approved Payment Options namely (i) Most major Credit Cards, or (ii) Most major Debit cards–; or (a) One Time Payment Options (i.e. by way of UPI/Netbanking/Wallet/ Prepaid cards Gift Card/Credit and Debit cards as permitted by Hermes); or (b) such other payment methods accepted by Hermes, from time to time. The One Time Payment Options shall be updated from time to time without any further notification. For certain Payment Methods, Your Payment Method service provider may charge You a transaction fee and/ or other charges. We request You to check with Your Payment Method service provider for details.
3. If You change Your Subscription Plan, this could result in changing the day/ period on which You are charged and the amount which You are charged.
4. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, You shall be able to access the Service only after You set up the revised Valid Payment Method and subject to receipt of the Subscription Fee by Us.
5. You cannot change Your Payment Method during the tenure of a particular Subscription Term. If Your selected Payment Method is no longer available/ valid, or expires or Your Payment Method fails for whatsoever reason, You authorize Us to continue billing, and You will continue to remain responsible and liable for any uncollected amounts together with all costs incurred by Hermes in connection with the collection of these amounts, including, without limitation, collection agency fees, attorney fees, court costs, etc.
6. You also understand and acknowledge that Hermes only facilitates the third-party payment gateway for processing of payments. The third-party payment gateway service provider will require certain financial information including Your credit card /debit card or other banking information. Other than providing a confirmation upon receipt of payment against a membership account, Hermes disclaims any and all liabilities in relation to Your payment processing by such third-party payment gateway service provider and the collection and processing of any information provided to third- party payment gateway service provider. While using such payment gateways to make payments to Hermes, You will be required to abide by the user agreement/terms of use and privacy policies of such payment gateway service provider. We request You to please make Yourself familiar with the user agreement/terms of use and privacy policies of Your respective payment gateway service provider before using such service.
7. You are responsible for the accuracy and authenticity of the information provided by You, including the bank account number/credit card/UPI id details and any other information requested by the payment gateway service provider during the subscription process. You represent and warrant that You have the right to use any of the card details or other payment information that You submit as part of Your chosen Payment Method. Hermes further clarifies that We do not receive or collect any of Your financial information including bank account number, credit card and/or debit card number, one-time-passwords sent by Your bank, passwords, bank customer IDs etc., and will not be responsible for misuse of such information by any- one. You agree and acknowledge that Hermes 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/debit card/banking fraud.
8. You can file any complaint related to payment processing by writing to Us directly on support@hermesmedia.in and the same will be forwarded to the concerned third party payment gateway provider for redressal.
9. Upon payment through any of the Payment Method and confirmation of receipt of such payment from the payment gateway provider, an electronic invoice may be made available to You.
10. If You have chosen a Subscription Plan to the Service, or are accessing the Service; through/using Your account/ membership with a third party as a Payment Method and wish to cancel Your Subscription Plan for the Service at any time, You may need to do so through such third party, for example by visiting Your membership/ account with the applicable third party. You understand that the terms and conditions that may apply to You in such cases, may differ and may be as set forth by such third party, and governed by such third party’s applicable policies.
VI. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
The following terms shall have the meaning as ascribed to them below:
1. “Intellectual Property Rights” shall mean all patents, trademarks, service marks, copyrights, database right, trade names, brand names, trade secrets, design rights personality rights, publicity rights and similar proprietary rights of Hermes and/or its licensors and/or other respective owners, whether registered or unregistered and all extensions.
2. All rights, title and interest in the Intellectual Property Rights in the Service including without limitation all its constituents, content, text, images, audios, audio-visuals, literary work, artistic work, musical work, computer programme, dramatic work, sound recording, cinematograph film, artistic work, literary work, musical work, a video recording, performance and broadcast as defined under the applicable law, specifications, instructions, abstracts, summaries, audio commentaries/content, copy sketches, drawings, artwork, software, source code, object code, comments on the source code and object code, domain names, application names,designs, database, tools, icons, layout, programs, titles, names, manuals,graphics, animation, games, applications, servers, networks, accounts, user interface instructions, photographs, artist profiles, illustrations, jokes,memes, contests, interactive elements and all other elements,data, information and materials (“Materials”) are the property of Hermes and/or its licensors and/or other respective owners and are protected, without limitation, pursuant to relevant Intellectual Property Rights laws of India. Hermes retains full, complete and absolute title to the Service and all Intellectual Property Rights therein, worldwide and in perpetuity in all languages. You acknowledge and confirm that all the Reelies Content available on the Service are protected by copyright, trademark, design, patent, trade secret, and other applicable intellectual property laws and/ or are being exhibited pursuant to applicable law and/or appropriate license/ assignment agreements with third parties.
3. The Service including any Materials thereon shall be deemed to be licensed to You by Us on a limited, non-exclusive, non-transferable (except in the case of a parent/legal guardian-minor relationship), non-sub-licensable, non-assignable, revocable basis, only for Your non-commercial, personal, private, residential and lawful use and only for such period as We may, in Our sole discretion, deem appropriate, for you to view and/or access the Service during the subsistence of Your Subscription Plan, subject always to the terms and conditions set forth under this User Agreement. No right, title or interest in the Service and/ or the Materials and/ or any of the Reelies Content will be deemed transferred to You pursuant to the aforesaid license. You hereby agree to strictly refrain from any broadcast or public exhibition or communication to public, of the Service and/ or any of the Reelies Content therein, including without limitation, at any non-residential/ commercial establishments, places of multiple occupation and places of public exhibitions, irrespective of whether the public is charged any admission/ entry fee for such broadcast/ exhibition or for access to such venue or not, or if such exhibition is being done pursuant to any sponsorship/ merchandising/ barter or any other commercial arrangement or whatsoever nature. These shall include, without limitation: (a) hotels, motels, bars, pubs, cafes, restaurants, resorts, spas, gymnasiums,stadiums, sporting complexes; (b) schools, universities and other educational institutions, social and religious institutions, places of worship,non-governmental organizations, charitable institutions, embassies, consulates, government offices & buildings, civic organizations, consulates, embassies, hospitals, clinics, libraries, shut-ins, prisons, convents, parks, beaches, gardens, orphanages, military barracks & installations or like establishments and public places; (c) business houses/ offices, factories, industrial establishments, oil rigs, commercial shops, co-working spaces, etc;(d) all modes of public transportation including through sea, air and surface transport, ports, stations, stops, depots, waiting rooms, lounges, etc; the hostels, dormitories, communal living establishments, serviced apartments, etc;(f) cinema halls, screening centres, public auditoriums, film festivals, cultural events, etc. It is expressly clarified that the license granted to You as aforesaid, and the Subscription Plan chosen by You, specifically exclude the right to broadcast or publicly exhibit or communicate to public, of the Service and/ or any of the Reelies Content therein at all such places/ venues, in any manner whatsoever. You shall not permit any third party to benefit from the use or functionality of the Service, either directly or via any facility management, timesharing, service bureau or any other arrangement. In case You violate any of the aforesaid conditions, Hermes reserves right to immediately terminate Your Account and Subscription, in which case, there shall be no refund of the Subscription Fee or any part thereof already paid by You. This shall be without prejudice to any other rights and remedies available to Hermes under this User Agreement or applicable law, or otherwise.
4. You shall not and shall not attempt to use, reproduce, redistribute, sell, offer on commercial rental, decipher, decompile, reverse engineer, disassemble, adapt, communicate to the public, make a derivative work, interfere with the integrity of the Service and/ or the Reelies Content and/ or any parts thereof (including without limitation the software, coding, constituents, elements, Materials, etc.) in any manner whatsoever. You hereby agree to refrain from further streaming or making available the Reelies Content provided on the Service to any other person(s), or in any manner communicate such Reelies Content to the public.
5. You expressly confirm not to or attempt to, directly or indirectly, copy, download, capture, reproduce, modify, edit, re-edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, upload, publish, duplicate, archive, distribute, circulate, communicate to the public, disseminate, broadcast, transmit, re-transmit, sell, rent, lease, lend, assign, license, sub-license, disassemble, decompile, reverse engineer, frame or de-link, interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access, market, promote, circulate, exploit, digitally alter or manipulate the Service and/or the Reelies Content and/ or any parts thereof (including any and all Materials therein) (in whole or in part) in any manner, medium or mode now known or hereinafter developed, either directly or through the use of any device, software, internet site, web-based service, or other means.
6. You acknowledge and agree not to either directly or through the use of any device, software, internet site, web-based service, or other means, remove, alter, bypass, avoid, interfere with, violate, or circumvent: (i) any patent, trade secret; copyright,trademark, or other proprietary notice marked on the Reelies Content and/ or (ii) any digital rights management mechanism or device implemented by Hermes; and/or (iii) any content protection or access control measure associated with the Reelies Content, including geo-filtering mechanisms; privacy; publicity; or other proprietary rights under applicable law. You shall, at all times, abide by all copyright notices, information, and restrictions contained in or associated with any of the Reelies Content.
VII. USER MATERIAL & OTHER CONDITIONS REGARDING THE USE OF THE SERVICE
1. The Service may in future allow Users to publish content, data, information, text, images, videos, audios, audio-visuals, User’s opinion, recommendation, advice, view,etc. either developed solely by the Users on their own, and/ or in combination with any preinstalled template content/ key art, title treatment, clips, stills, music tracks or other components/ materials provided by Hermes (such final materials so created by the User hereinafter collectively referred to as the “User Material”). The User acknowledges and confirms that the User Materials posted may be publicly displayed and available to all other Users who are engaging with the corresponding relevant topic/ discussion. The User Material does not reflect the views of the Company and are solely and exclusively the views of the respective User who has posted such User Material(s). In no event shall the Company be held responsible for any User Material, neither does the Company endorse or recommend any User Material, nor shall the Company be liable for any loss or damages resulting from publishing of the User Material on the Service.
2. By submitting a User Material, You grant the Company a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license to use, and authorize others to use the User Material in whole or in part, in any and all media, now known or hereinafter developed, including rights to use and/ or commercially exploit the User Material in isolation or in combination with any other material in any manner, including for the purposes of promotion. You agree that in such circumstances, You are not entitled to any intimation or compensation from the Company. Notwithstanding any of the broad rights and licenses granted by You as aforesaid, You acknowledge and understand that nothing contained herein shall obligate Hermes to host, distribute, display or otherwise exploit any of Your User Materials or exercise any other rights granted to Hermes under the license.
3. The Company will have the right but not the obligation to, by automated means, or manually, monitor, screen, moderate, reject, remove, take down, disable, suspend, destroy, use, edit and change any User Material and/or content that is available on or via any chat area on the Service, in any manner that the Company may its sole discretion determine, at any time, and the Company’s decision in this regard will be final and binding on all Users and the Company shall not be responsible or liable for any claims regarding the exercise of the Company’s discretion in this regard.
4. In the event the Company hosts or puts up any reviews of any movies or programs, whether third party or own content or other such views, then the views shall demonstrate only the author’s views and not the views of the Company.
5. By posting User Material on the Service, You undertake, represent and warrant to the Company that: (a) the User Material is original; (b) does not infringe the legal rights of any third party including without limitation Intellectual Property, privacy rights, moral rights, etc; and (c) is not defamatory, derogatory or abusive or malicious or hurtful to any person, particular entity, groups, caste, religion, race or community or seditious or pornographic or vulgar or sexist or political in nature or in violation of any applicable laws, and the terms of this User Agreement. You acknowledge and confirm that You have paid or satisfied and will pay or satisfy in full all license fees, clearance fees, royalties, and any other financial or third party obligations of any kind, if any, arising from any use or exploitation of Your User Material, and that Hermes will not be responsible for such obligations. You acknowledge and agree that You have no right or interest in any of the revenue generated from the monetization of Your User Materials or any parts thereof in any manner by Hermes.
6. In accordance with The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Part I, Section 3(1)(b), You agree, covenant and undertake that You shall NOT host, display, upload, modify, publish, store, transmit, update or share any User Material, and any other data, information, content or message, or use/ access the Service in any manner or do any act or thing that inter alia:
a.belongs to another person and to which You do not have any right to;
b.is obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
c.is harmful to child;
d.infringes any patent,trademark, copyright or other proprietary rights or intellectual property rights;
e.deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature, or is patently false and misleading in nature but may reasonably be perceived as a fact;
f.impersonates or attempts to impersonate another person or entity;
g.disrespects and/ or threatens the unity, national interest, harmony, integrity, defense, security or sovereignty of India or any such applicable laws of the world, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation/country or any other matters which are perceived to be not in the interest of the general public;
h.contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
i.is in the nature of an online game that is not in conformity with any law for the time being in force in India or any such applicable laws of the world, including any such law relating to gambling or betting or the age at which an individual is competent to enter into a contract;
j.violates any law for the time being in force;
7. In addition to the compliance of the terms under Section VII (6), You undertake that You shall NOT host, display, upload, modify, publish, store, transmit, update or share any User Material, and any other data, information, content or message, or use/ access the Service in any manner or do any act or thing that inter alia:
a.is grossly harmful, harassing, blasphemous, defamatory, derogatory, discriminatory, abusive, libelous, tortious, obscene, vulgar, invasive of another’s privacy, hateful, or racially/ethnically objectionable, bigotry, or based on rumours or fake news, out of context comments, disparaging, fraudulent, or otherwise unlawful/ illegal in any manner whatever;
b.depicts women in an inappropriate or derogatory manner or harms or exploits or endangers minors and/or any other persons in any way;
c.violates any applicable national or international laws, regulations, rules and/or guidelines;
d.is offensive or has menacing character or are distasteful;
e.causes annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, inciting violence or threatening;
f.causes annoyance or inconvenience or is intended to deceive or to mislead the addressee or recipient about the origin of such messages.
g.contains potentially objectionable subject matter such as criminal behaviour, illegal activities, nudity, sex, profanity, excessive violence, etc.
8. You further undertake that You shall not use the Service to inter alia:
a.violate the privacy right or personal right or confidential information of any person;
b.commit an act which could be construed as an act of cyber terrorism;
c.solicit, collect, store and/or identify private/personal information of any user or person;
d.facilitate personal attacks on other individuals, entity, groups, caste, religion, race or community;
e.stalk or otherwise harass another person or user;
f.upload, post or e-mail or otherwise transmit any content that You do not have a right to transmit under any law or under contract, including without limitation, any content or details of another person without that person’s consent;
g.upload, post or e-mail or otherwise transmit any content that infringes privacy rights, intellectual property rights or other third-party rights of any person or party;
h.upload, post or e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk- mail, bulk messages, flood, spam, chain-letters, pyramid schemes or any other form of solicitation of any kind;
i.Introduce or engage in activity that involves the use of, or upload, post or e-mail any content that contains, computer viruses, adware, malware, spyware, timebombs, cancelbots,trojan horses, software disabling codes, bots, worms, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, devices, platforms or telecommunications equipment and/or the Service, or any automated system such as scripts, robots, spiders, scrapers or offline readers in order to collect or disseminate usernames, passwords, email addresses or other data from the Services, or to circumvent, delete, deactivate, decompile, reverse engineer,disassemble or modify any security technology or software that is part of the Services, or to access, index, frame, or link to the Service (including the Reelies Content) that is not authorized by Hermes, and/ or otherwise permit the unauthorized use of or access to the Service and the Reelies Content;
j.interfere with, damage,disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Service, including the Company’s servers, networks or accounts;
k.disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Service are able to type, or otherwise act in a manner that adversely affects other users’ ability to engage in real time exchanges;
l.cover, remove, disable,manipulate, block or obscure advertisements or other portions of the Service and/ or the Reelies Content;
m.delete or revise any information provided by or pertaining to any other user of the Service;
n.promote and/or generate revenue for Yourself and/or any third-party business activity or engaging in any commercial activity (including sweepstakes, barters, contests, etc) or advertising or promoting competing services, without Hermes’s consent;
o.carry out any activity that is prohibited under the Act, including under Section 43, etc. and/or under any other applicable laws, rules or regulations, including usage of the Services in a manner inconsistent with applicable laws or this User Agreement;
p.post unauthorized commercial communications and including advertisements; and/or
q.manipulate or morph or alter or exploit any other User’s User Material and/ or any part of the Service and/ or the Reelies Content;
r.adversely affect or reflect negatively upon or harm the goodwill or reputation of Hermes or any of its affiliates, or the Service, or any of the Reelies Content;
s.use any data mining, data gathering or extraction method;
t.provides instructional information about illegal activities such as making or buying illegal weapons or providing or creating computer viruses, hacking, etc;
u.probe, scan or test the vulnerability of the Service or any network connected to the Service nor breach the security or authentication measures on the Service or any network connected to the Service, or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or any systems or networks connected to the Service;
v.attempt, facilitate,induce, aid and abet, or encourage others to do any of the foregoing.
9. If You submit any User Material on the Service, You shall be deemed to have waived any legal and/ or equitable rights & remedies, and such other right, interest and ownership in the User Material and deemed to have put the contents of the User Material in the public domain, making it open to re-use, reproduction, distribution, communication to the public, adaptation, etc. You understand the risks associated with publishing User Material on the Service and agree that the Company shall not be responsible or liable for any digital alteration,manipulation,morphing, illegal exploitation, etc. of any User Material posted by You. You acknowledge that the User Material is not confidential and that You have no expectation of confidentiality and/ or privacy in it. You further acknowledge and confirm that Hermes and/ or any of its affiliates may already have projects under consideration that are similar to Your User Materials or may independently develop projects that are similar to Your User Materials, or that other materials transmitted by other users of the Service may be similar or the same as Your User Materials. Because of the viral nature of social media, You should not submit any User Materials containing any content or information that You do not want to be used, viewed and shared and/or otherwise distributed/ exploited by other parties, including Hermes.
10. You further agree that the Company shall not be responsible or liable to You for any kind of claims, damages, outrage, threatening, defamatory, derogatory,obscene, offensive or illegal conduct/ comments/ posts/ responses by other users or any infringement of Your intellectual property rights, privacy rights,personal rights, etc. by other users of the Service pursuant to any User Material posted by any of the Users.
VIII. CONTESTS AND PROMOTIONS
Any and all contests, promotions, surveys and campaigns hosted or conducted on the Service, including Your participation therein, maybe subject to separate contest terms and conditions and/ or further terms and conditions, as applicable and as may be specified from time to time (“Contest T&Cs”) and You are requested to read the Contest T&Cs as well as User Agreement before participating in the same and upon participation it shall be deemed that the participant has read and understood the Contest T&Cs. User Agreement are deemed incorporated by reference into Contest T&Cs provided in respect of a particular activity, unless otherwise specified.
If You have purchased or received a code, gift card,pre-paid offer or other offer provided or sold by or on behalf of Service for access to a subscription (“Code”), separate terms and conditions presented to You along with the Code may also apply to Your access to the Service and You agree to comply with any such terms and conditions. You may also purchase access to a subscription through a third party. In such cases, separate terms and conditions with such third party in addition to this User Agreement may apply to Your access to the Service.
IX. DISCLAIMER AND LIMITATION OF LIABILITY
1. BY ACCESSING AND/OR USING THE SERVICE, YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS DISCLAIMER. YOU AGREE THAT YOUR ACCESS TO THE SERVICE IS AT YOUR SOLE RISK AND AT YOUR FREE WILL.
2. THE SERVICE AND ALL MATERIAL THEREIN CONTAINED ARE DISTRIBUTED AND TRANSMITTED BY HERMES ON “AS IS" AND “AS AVAILABLE” BASIS AND “WITH ALL FAULTS”. HERMES AND ITS AFFILIATES, ASSOCIATES AND GROUP COMPANIES, THEIR RESPECTIVE DIRECTORS, KEY MANAGERIAL PERSONNEL, EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUB-CONTRACTORS, CONSULTANTS AND THIRD-PARTY PROVIDERS DISCLAIM ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY, FITNESS, MERCHANTABILITY, AVAILABILITY, QUALITY, FITNESS FOR ANY PURPOSE, FREE FROM DEFECTS, FAULT TOLERANCE, NON-INFRINGEMENT,COMPATIBILITY AND/OR SECURITY.
3. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INFECTION OR CONTAMINATION OF YOUR SYSTEM OR DEVICE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR ANY CONNECTED SERVICE AND DO NOT WARRANT THAT THE SERVICE, THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE OR ANY CONNECTED SERVICES ARE FREE FROM VIRUSES, TROJAN HORSES, WORMS, SOFTWARE BOMBS OR SIMILAR ITEMS OR PROCESSES OR OTHER HARMFUL COMPONENTS AND/ OR FOR ANY UNAUTHORIZED ACCESS TO OR USE OF HERMES SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN.
4. WE ARE NOT RESPONSIBLE OR LIABLE FOR INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SERVICE OR ANY CONNECTED SERVICE OR WITH RESPECT TO THE MATERIAL AND USER MATERIAL THEREON AND DO NOT WARRANT THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS; AND WE DO NOT WARRANT THAT THE SERVICE, OR ANY CONNECTED SERVICE, LINKED MICROSITES, ANY MATERIALS, THIRD-PARTY CONTENT,SERVICES OFFERED WILL BE UNINTERRUPTED OR ERROR FREE OR ACCURATE OR SUIT YOUR PURPOSE.
5. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE (OR ANY PARTS THEREOF).
6. INDUSTRY STANDARD EFFORTS ARE MADE TO KEEP THE SERVICE RUNNING SMOOTHLY. HOWEVER, HERMES TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, THE SERVICE BEING UNAVAILABLE DUE TO ANY REASONS.
7. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, FITNESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL AND USE OF AND ACCESS TO THE SERVICE OR ANY CONNECTED SERVICE RESTS SOLELY WITH YOU.
8. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HERMES, ITS AFFILIATES, ASSOCIATES AND GROUP COMPANIES,AND THEIR RESPECTIVE DIRECTORS, KEY MANAGERIAL PERSONNEL, EMPLOYEES, OFFICERS,SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUB-CONTRACTORS, CONSULTANTS AND THIRD-PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY LOSS AND/OR DAMAGE AND/OR CLAIMS OF ANY KIND (WHETHER IN CONTRACT, TORT OR BREACH OF STATUTORY DUTY OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE SERVICE AND/OR MATERIALS AND/OR USER MATERIAL AND/OR ANY CONNECTED THIRD PARTY WEBSITE AND/ OR ANY USE & ACCESS OF THE SERVICE AND/ OR THE REELIES CONTENT BY YOU, INCLUDING WITHOUT LIMITATION:
A.INDIRECT OR CONSEQUENTIAL LOSS;
B. LOSS OF PROFITS OR REVENUE OR SAVINGS OR OTHER ECONOMIC LOSS;
C. INCIDENTAL, DIRECT, OR SPECIAL LOSS OR PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES;
D.LOSS OF OR DAMAGE TO DATA;
E. LOSS OF BUSINESS, REPUTATION OR GOODWILL; AND/OR
F. LOSS OF USE; AND/OR
G.WASTED OR LOST MANAGEMENT TIME;
H.ANY ERRORS OR OMISSIONS IN THE SERVICE AND/ OR ANY REELIES CONTENT AND/OR ANY MATERIAL;
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE.
9. WHEN YOU SHARE YOUR PASSWORD OR ALLOW A THIRD PARTY TO ACCESS YOUR ACCOUNT, YOU AGREE TO REMAIN RESPONSIBLE FOR COMPLIANCE WITH THIS USER AGREEMENT BY ANY SUCH THIRD PARTY. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD OR FOR ANY ACTIONS OCCURRING UNDER YOUR PASSWORD.
10. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL HERMES OR ITS AFFILIATES, ASSOCIATES AND GROUP COMPANIES’ LIABILITY TO YOU FOR ANY AND ALL LOSSES, DAMAGES OR CLAIMS OF WHATSOEVER NATURE (WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE) INCLUDING UNDER THE PRIVACY POLICY EXCEED THE AMOUNT PAID BY YOU, IF ANY,FOR ACCESSING THE SERVICE PROVIDED HOWEVER THAT THE MAXIMUM LIABILITY OF HERMES IN ALL INSTANCES SHALL NOT EXCEED INR 500 (INDIAN NATIONAL RUPEES FIVE HUNDRED ONLY).
11. IF YOU ARE DISSATISFIED WITH THE SERVICE OR WITH THIS USER AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING OR USING THE SERVICE.
X. INDEMNITY
YOU AGREE TO FULLY INDEMNIFY, DEFEND AND HOLD HARMLESS HERMES, ITS AFFILIATES, ASSOCIATES AND GROUP COMPANIES, AND THEIR RESPECTIVE DIRECTORS, KEY MANAGERIAL PERSONNEL, EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUB-CONTRACTORS, CONSULTANTS AND THIRD-PARTY PROVIDERS FROM AND AGAINST ALL LOSSES, CLAIMS, DAMAGES AND OTHER LIABILITIES, INCLUDING WITHOUT LIMITATION, LEGAL FEES & EXPENSES, RESULTING FROM: (I) YOUR VIOLATION OF ANY TERM OF THIS USER AGREEMENT OR PRIVACY POLICY, OR YOUR USE OF THE SERVICE IN A MANNER THAT IS NOT CONSISTENT WITH THE TERMS AND CONDITIONS OF THIS USER AGREEMENT & PRIVACY POLICY; (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; (IV) 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; (V)YOUR BREACH OF ANY REPRESENTATION, WARRANTY, COVENANT OR UNDERTAKING UNDER THESE USER AGREEMENT OR UNDER APPLICABLE LAW; AND (VI) ANY FRAUD, NEGLIGENCE OR MISCONDUCT ON YOUR PART. WITHOUT PREJUDICE TO THE AFORESAID HERMES RESERVES THE RIGHT, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH HERMES IN ASSERTING ANY AVAILABLE DEFENSES. THIS INDEMNIFICATION OBLIGATION WILL SURVIVE THE EXPIRY OR TERMINATION OF THESE USER AGREEMENT AND YOUR USE OF THE SERVICE.
XI. THIRD PARTY WEBSITES
1. This Service, or some parts thereof, may contain links to other websites, applications, widgets, software, services, that may or may not interact with the Service, etc., and which are owned and operated by third parties who are not related to Hermes (collectively, "Third-Party Websites").Third-Party Websites are not under the control of Hermes and Hermes shall not be responsible for the content and/ or practices of any Third-Party Websites or any hyperlink contained in a Third-Party Websites and makes no representation or warranty with respect to the content of any such Third-Party Websites. Hermes does not endorse or sponsor such Third-Party Websites (including the content, advertising or other material on such Third-party Websites) and shall not be liable for any representations or warranties or obligations made by such Third-Party Websites to You under contract or law or otherwise.
2. Your access and usage of anyThird-Party Websites is entirely at Your own risk. When You click on a link to any Third-Party Websites within the Services, We may, or may not warn You that You have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Hermes shall not be a party to any transaction between You and a Third-Party Website. Your use of a Third-Party Website is subject to the terms and conditions of that Third-Party Websites, in addition to these User Agreement, unless otherwise specified. Please be careful to read the terms of use, privacy policy and any other terms, etc., of such Third-Party Website or destination before You provide any confidential information or engage in any transactions therein. You should not rely on this User Agreement and/or Privacy Policy hereunder, to govern Your use of such Third Party Website or destination.
3. The Service may contain third party advertisements, promotions, etc. in the form of in-show integrations, branded content (titles) and integrated logo units carrying logos of advertisers in India or any part of the world(that may or may not contain embedded hyperlinks or referral buttons to Third-Party Websites) and/or HTML ads. The display of such advertising does not in any way imply an endorsement or recommendation by Hermes of the relevant advertiser, its products or services or any such Third-Party Website. You must refer directly to the relevant advertiser for all information regarding the advertisement, the advertiser and its products and/or services. Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between You and such third party advertisers. Hermes accepts no responsibility for any advertisements (including the products and services so being advertised) or any third-party material posted on the Service or for any interaction between You and the relevant third party and expressly disclaims, and is released from any liability arising out of or in any way connected with such advertisements and/or interaction and/or any defects, deficiencies, claims, etc. arising out of an advertiser’s products and/or services.
XII. NOTICE & TAKE DOWN PROCESS
1. Except to the extent mentioned in Clause XIII below, if You believe that the Service contains any data, information, content or material that could be in violation of any of the terms and conditions of this User Agreement or any applicable law of the Act or rules thereunder, You may notify Hermes by addressing Your e-mail to the support team of the Service on the e-mail ID support@hermesmedia.in By doing so, please remember that You are initiating a legal process. Do not make false claims. Misuse of this process may result in the suspension of Your account and/or other legal consequences. Please note that this provision shall be governed by applicable laws in India including relevant provisions of the Act. You may seek independent legal advice with respect to this legal procedure at Your sole cost, expense and consequences.
2. Hermes shall take-down any data, information, content or material only upon receiving a court order or on being notified by the appropriate government or its agency that unlawful acts relatable to Article 19(2) of the Constitution of India, would be committed if the said data, information, content or material is not deleted from the Service.
3. Hermes will consider all communications, requests and suggestions sent by You and other members of the public provided that such communications are sent in a bona fide manner in good faith in the interest of the Service and public good, but reserves the right (without the obligation of doing so) to act on any such communications, requests and suggestions or respond to anyone or take-down any data, information, content or material, without notice to User and without any liability either to Hermes or its directors, key managerial personnel, officers, employees, that Hermes in its sole discretion determines to be in violation of any of the terms of this User Agreement and/or in violation of any applicable provision of the Act or rules thereunder. The aforesaid rights of Hermes shall be without prejudice to other rights and remedies available under the law and/or equity. Hermes’s decision with regard to the aforesaid, shall be final.
XIII. CONTENT COMPLAINTS
If You wish to register any complaint with respect to any of the Reelies Content on the Service, please contact Us at grievanceofficer@hermesmedia.in
XIV. SUPPORT
If You have any queries with respect to the Service, then address Your e-mail to “The Support Team” on the e-mail ID support@hermesmedia.in
XV. TERMINATION
Without prejudice to the right of the Company to investigate and take appropriate legal action against anyone who, in the Company’s sole discretion, violates this User Agreement and/ or exercise any other rights and remedies available to the Company under applicable laws, the Company reserves the right to limit or restrict Your Account, and/ or deny, de-activate, suspend and/ or terminate Your access to all or part of the Service, at its sole discretion, with or without notice, and without liability either to Hermes or its directors, key managerial personnel, officers, employees, either: (i) for convenience; or (ii) for non-payment of the Subscription Fee or if payment is not successfully settled, due to expiration, insufficient funds, or otherwise or in case of a failure of all the Payment Methods; or (iii) for any suspected or actual breach/ violation by You of any of this User Agreement, the Privacy Policy, violation of any applicable law or if You have engaged in any inappropriate conduct, or provided false or inaccurate information; or (iv) for any other reason that Hermes deems fit. We further clarify that Your access to Service gets automatically terminated in the event You breach any of the provisions of this User Agreement and/or the Privacy Policy. You hereby also agree that Hermes shall not, nor shall it be obliged to refund the Subscription Fee or any other amounts that You may have paid to access and/or use the Services, in case of the occurrence of any of the above instances. You acknowledge, agree and confirm that Hermes may take any one or more of the actions described above, without any notice to You, prior or otherwise, and You understand and agree that neither Hermes nor any of its affiliates shall have any liability to You or to any other person for any limitation, restriction, denial, de-activation, suspension and/ or termination of Your access to the Service or Your Subscription Plan, or any parts thereof and/or the removal, discarding, disabling or deactivation of any of Your User Materials or the removal, discarding, disabling or deactivation of any other information or data that You may have provided on or by means of the Service.
XVI. CHANGES TO THIS USER AGREEMENT
We reserve the right, at Our sole discretion, to update, change, modify, supplement, include additional rules & policies, and/ or otherwise alter this User Agreement (“Revised User Agreement”) at any time for many reasons including but not limited to legal, regulatory, security etc., with or without notice (to the maximum extent permissible under law). Such Revised User Agreement will be posted on the Service and shall become effective immediately after such posting. We recommend that You periodically check the Service and review this User Agreement from time to time, to become aware of any changes and/ or modifications hereto. If You do agree to any such changes and/ or modifications, and/ or do not wish to be subject to Revised User Agreement, Your sole recourse will be to cancel Your membership and discontinue using the Service. Your continued use of the Service following the posting of changes and/or modifications shall constitute Your acceptance of any Revised User Agreement.
XVII. MISCELLANEOUS
1. This User Agreement contain the entire understanding between You and Hermes and supersedes all prior understanding between the User and Hermes in respect of the User's access and/or use of the Service.
2. The relationship between Hermes and You is on a principal-to-principal basis. You are in no way Hermes’s legal representative, partner or agent for any reason whatsoever.
3. If any provision of this User Agreement is found to be illegal, invalid or unenforceable, then to the extent to which such provision is illegal, invalid or otherwise unenforceable, it shall be severed and deleted and the remaining provisions shall survive and remain in full force and effect and continue to be binding and enforceable.
4. You confirm that Your representations, warranties, undertakings and covenants, 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 User Agreement.
5. Any express waiver or failure to exercise promptly any right under this User Agreement will not create a continuing waiver or any expectation of non-enforcement.
6. You agree that Hermes shall be under no liability whatsoever to You in the event of non-availability of the Service or any portion thereof occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, network failures, server failures, failure of any public utility, terrorist attack, network maintenance, Service maintenance, server maintenance, or any other cause whatsoever beyond the control of Hermes.
7. Hermes makes no representation that the Service is appropriate or available for use in locations in any part of the world which may be due to restrictions of whatsoever nature.
8. The Privacy Policy (as provided on the Service), and any other documents, instructions, etc. included on the Service shall be read into this and shall be a part of these User Agreement. The Privacy Policy shall form an integral part of the User Agreement and both these documents constitute the user agreement and a legally binding contract between Hermes and the User.
9. This User Agreement including all the terms and conditions hereunder is personal to You, and You shall not assign, transfer, sub-contract or otherwise part with this User Agreement or any right or obligation or terms and conditions under it. You hereby consent to the disclosure to, and use by, a subsequent owner or operator of the Service, of any information about You, to the extent Hermes assigns its rights and obligations regarding such information in connection with a merger, acquisition, or sale of Hermes, or all or substantially all, or some of Hermes's assets (including the Service), to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, Your continued use of the Service signifies Your agreement to be bound by the terms of use and privacy statement of the Service's subsequent owner or operator. This provision shall remain in full force and effect notwithstanding any termination of Your use of the Service.
10. These User Agreement shall be governed by and construed in accordance with the laws of the India and be subject to the exclusive jurisdiction of the Courts at Mumbai, without giving effect to any principles of conflicts of law.