THE TERMS OF SERVICE (“TERMS”) HAVE BEEN UPDATED IN 2015.
PLEASE READ THE TERMS CAREFULLY BEFORE USE OF THE SERVICES. THESE TERMS CONSTITUTE A LEGAL AND BINDING AGREEMENT BETWEEN YOU (THE END USER OF dittoTV NETWORK) AND ZDCL DIGITAL CONVERSION LIMITED (“ZDCL”) (THE OWNER OF dittoTV), AND GOVERN YOUR USE OF THE dittoTV NETWORK. BY CHECKING/CLICKING ON THE ‘TERMS OF SERVICE’ LINK AND/OR BY DOWNLOADING AND/OR INSTALLING AND/OR USING THE dittoTV NETWORK, YOU INDICATE ACCEPTANCE OF THE TERMS. IF YOU DO NOT ACCEPT TO THE TERMS, YOU SHOULD NOT CHECK ON THE ‘TERMS OF SERVICE’ LINK AND/OR DOWNLOAD AND/OR INSTALL AND/OR USE THE dittoTV NETWORK.
Certain words in this TERMS have a specific meaning and are explained below for YOUR easy understanding: 1. ‘Application’ means the dittoTV application owned by ZDCL to provide the Content on Devices, which is available on various platforms such as ios, android, windows etc. 2. ‘Content’ means all text, graphics, images, music, software, audio, video, information or any other materials available on dittoTV Network. 3. ‘Devices’ means any and all internet enabled devices like smart phones, tablets, laptops, desktops, etc. which are compatible with Internet Services. 4. ‘dittoTV Network’ means the Application and the Site and any present and future means and modes to offer Services. 5. ‘Internet Services’ means the internet services provided by telecom companies and internet service providers. 6. ‘Live TV Channel’ means streaming of television channels with 5 to 10 seconds delay as per industry norms. 7. ‘Services’ means the Content provided by ZDCL via dittoTV Network. 8. ‘Site’ means and includes the website of dittoTV, i.e. www.dittotv.com and wapsite i.e.www.m.dittotv.com or any other future variations/domain. 9. ‘Subscription Package’ means a combination of one or multiple Live TV channels, TV shows, movies, music or any other Information or entertainment based Content priced at a specific amount decided by ZDCL at its sole discretion.
The dittoTV Network is not intended for children below 13 years of age. If you are below 13 years old, please do not use the dittoTV Network. If YOU are between 13 years to 18 years of age, YOU may register with the dittoTV Network only if YOU have the consent of YOUR parent or guardian. By checking on the ‘Terms of Service’ link and/or by downloading and/or installing and/or using the dittoTV Network, YOU represent and warrant that YOU are 13 years or older and YOU have taken consent of YOUR parent or guardian, if YOU are between 13 years to 18 years of age.
YOU will be solely responsible for obtaining and maintaining the Device and Internet Service(s) needed in order to access and use the dittoTV Network and paying for all such charges in relation thereto.
YOU may access the Site or download the Application on YOUR Device(s). The dittoTV Network is compatible on selected operating systems and Device(s). The download procedure of the Application shall be subject to adaptable operating system of YOUR Device(s). YOU need to have an internet connection to the Device for the download to begin and complete. ZDCL shall not be responsible in case of any fluctuation in the internet connection speed leading to corrupt Application file download. At any given point of time, YOUR Device has to be connected to internet to avail the Services of dittoTV Network. YOU would be charged separately for the internet connection and the charges will depend on your plan subscribed from the internet service provider. ZDCL shall not be held responsible in case of any issues pertaining to data/internet charges applicable. ZDCL shall not be responsible or liable to YOU for interruption, disruption, deactivation of the Service after Installation on account of any force majeure event. ZDCL may, at its sole discretion, make bug fixes, updates for the installed Application.
In order to use the dittoTV Network, YOU must register YOURSELF as a member of dittoTV Network. During the registration process, YOU are required to create user name (by using YOUR mobile number) and password.
YOU agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. ZDCL reserves the right to suspend or terminate YOUR registration without assigning any reason (including for provision of inaccurate, not current or incomplete information during the registration process or thereafter). YOU shall be responsible for safeguarding YOUR password and for all transactions undertaken using YOUR Username and password. YOU agree not to disclose YOUR password to any third party and to take sole responsibility for any activities or actions under YOUR account, whether or not YOU have authorized such activities or actions. It is YOUR responsibility to change YOUR password immediately if YOU believe that YOUR password has been compromised. ZDCL will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of YOUR Username and password in any circumstances.
YOU will be solely responsible to subscribe for the Subscription Packages made available by ZDCL from time to time. The subscription of Subscription Packages may be subject to additional terms specified by ZDCL from time to time. Depending on packages and/or value added services and the term of the proposed subscription, YOU will be responsible for making online payments through YOUR credit card or debit card or net banking account or cash card or via any other mode available for making payments through mediums as authorized in YOUR territory including, to ZDCLZDCL for usage of dittoTV Network. The facility for online payments through credit cards or debit cards or net banking account or cash card or any other mode is available for selected credit cards, debit cards, net banking accounts and cash cards only. If YOU wish to avail the dittoTV Network after the expiry of the initial term of Subscribed Packages, YOU shall prior to expiry of such term, recharge of YOUR account with the then prevailing subscription charges.
ZDCL reserves the right to modify or discontinue the dittoTV Network at its sole discretion with or without notice to YOU. ZDCL shall not be liable to YOU or any third party in any manner, should ZDCL exercise its right to modify or discontinue the dittoTV Network. Further, ZDCL reserves the right, at any time, with or without notice and without any liability to: (i) replace or otherwise withdraw packages or Content, (ii) change or reduce the number of hours of any Content; (iii) blackout any Content; and (iv) modify the prices for the Service or any part of the Service. Further, ZDCL reserves the right to change packaging and introduce base and add on packages and/or offer channels on a-la-carte basis. YOU acknowledge and agree that the Content provided by ZDCL as part of the Service is being supplied by third parties and availability of such Content is outside ZDCL’s control. Additionally, ZDCL shall have the right but not the obligation to refrain from providing to YOU any Content in the interest of national security or in the event of emergency / war or similar situation or if the Content is anti-national, promotes political / religious propaganda, is against public policy, is banned or restricted from being distributed under any applicable law or ZDCL otherwise determine that it is objectionable or obscene or is derogatory to any person or class of persons, hurts the religious sentiments of any religious group or infringes the privacy rights of any individual(s) or is not in the interest of ZDCL’s subscribers or the general public.
In a credit card and/or debit card and/or net banking and/or cash card transaction and/or any other mode available, YOU must use YOUR own credit card and/or debit card and/or net banking account and/or cash card. YOU confirm and acknowledge that YOU are aware of the fact that when making any online payment through credit card or debit card or net banking account or cash card or via any other mode available, YOU may be directed to the payment gateway page. The payment gateway may redirect YOU to other website(s) maintained or controlled by third parties, and ZDCL does not control such third party website(s) and hence are not responsible for any transactions on such website(s). ZDCL will not be liable for any credit card or debit card or net banking or cash card fraud, and ZDCL will not entertain or address any such grievances or issues. YOU are requested to communicate all grievances related to such issues to YOUR bank who has issued such credit card or debit card or net banking account or cash card. ZDCL shall not be responsible for all or any dispute or difference relating to online payment made by YOU through credit card or debit card or net banking account or cash card or via any other mode available. Further, ZDCL will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of YOUR credit card or debit card or net banking account number or cash card and other details. Payments once made by credit card or debit card or net banking or cash cards or via any other mode available shall not be refunded in any circumstances.
The dittoTV Network is available in selected countries only. ZDCL would not be held responsible for hindrances in the access and use of the dittoTV Network due to geographical change in YOUR location. Further, YOU will be solely liable for accessing and using dittoTV Network in the countries of YOUR use.
The Content on the dittoTV Network and the "dittoTV" word mark and the “dittoTV” design mark, as well as certain other of the names, logos, and materials displayed on or through the dittoTV Network that constitute trademarks, trade-names, service marks or logos ("Marks") are owned by or licensed to ZDCL and are subject to copyright, trademark, and other intellectual property rights under Indian laws. YOU agree not to reproduce, duplicate, copy, download, stream capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit for any purposes the dittoTV Network or any portion of the dittoTV Network, including, without limitation, the Content and the Marks, except as authorized by these TERMS or as otherwise authorized in writing by ZDCL and its applicable licensors. In addition, YOU are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based on in any way the Content and the Marks, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, except as authorized by these TERMS or as otherwise authorized in writing by ZDCL and its applicable licensors. You must abide by all copyright notices, information, and restrictions contained in or associated with any Content. You must not remove, alter, 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 (including, without limitation, geo-filtering and/or encryption) associated with the Content.
Subject to the terms and conditions of these TERMS, ZDCL hereby grants to YOU a personal, limited, non-sub licensable, non-exclusive, non-transferable license to use the dittoTV Network for personal use only on the permitted number of Devices as mentioned in the TERMS owned, leased and/or controlled by YOU. Even though dittoTV Network may be provided on media of different formats, dittoTV Network on different media formats do not constitute multiple licenses to the dittoTV Network. If the dittoTV Network is licensed as a suite or bundle with more than one specified dittoTV Network, these TERMS shall apply to all such specified dittoTV Network, subject to any restrictions or usage terms specified on the applicable product packaging that applies to any of such dittoTV Network individually.
It is hereby clarified that dittoTV Network is provided for YOUR personal, non-commercial use only. YOU must not rent, lease, duplicate, sublicense, assign, pledge, loan, or resell the services of dittoTV Network. YOU shall not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the dittoTV Network except as expressly permitted by these TERMS. YOU shall only use the dittoTV Network on Device that is under YOUR exclusive control and ownership. YOU shall not permit any third party to benefit from the use or functionality of the dittoTV Network, either directly or via any facility management, timesharing, service bureau or any other arrangement. YOU shall not use the dittoTV Network as part of a facility management, timesharing, or service bureau arrangement. If YOU transfer possession of any copy of the dittoTV Network to another party, YOUR subscription of the dittoTV Network shall automatically get terminated. All rights not expressly set forth hereunder are reserved exclusively by ZDCL.
YOUR right to use the dittoTV Network shall automatically terminate on the expiry of the term of the Subscription Package. Further, YOUR right to use the dittoTV Network shall automatically terminate if YOU violate these TERMS or any terms, rules or guidelines posted in connection with the dittoTV Network. ZDCL reserves the right, in its sole discretion, to suspend or terminate YOUR access to all or any part of the dittoTV Network, for any reason, with or without notice. You may discontinue your participation in and access to the dittoTV Network at any time. YOU agreed that upon suspension or termination, no amount shall be refunded to YOU by ZDCL.
ZDCL welcomes and encourages YOU to provide feedback, comments and suggestions for improvements to the dittoTV Network ("Feedback"). YOU may submit Feedback by emailing us at firstname.lastname@example.org. YOU acknowledge and agree that all Feedback will be the sole and exclusive property of ZDCL and YOU hereby irrevocably assign to ZDCL all of YOUR right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At ZDCL's request and expense, YOU will execute documents and take such further acts as ZDCL may reasonably request to assist ZDCL to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
The dittoTV Network may contain links to third party websites or resources. YOU acknowledge and agree that ZDCL is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the Content, products, or Services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ZDCL of such websites or resources or the Content, products, or Services available from such websites or resources. YOU acknowledge sole responsibility for and assume all risks arising from YOUR use of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW OF INDIA, THE dittoTV NETWORK IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME SOLE RISK AND RESPONSIBILITY FOR SELECTING THE dittoTV NETWORK TO ACHIEVE YOUR INTENDED RESULTS, AND SOLE RESPONSIBILITY FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE dittoTV NETWORK. WITHOUT LIMITING THE FOREGOING PROVISIONS, ZDCL MAKES NO WARRANTY THAT THE dittoTV NETWORK WILL BE ERROR-FREE, VIRUS FREE, OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE dittoTV NETWORK WILL SATISFY YOUR SPECIFIC REQUIREMENTS. YOU UNDERSTAND THAT THE dittoTV NETWORK CAN BE BLOCKED OR MADE INOPERABLE FOR ANY OF THE SERVICES. ZDCL ASSUMES NO RESPONSIBILITY IF THE dittoTV NETWORK IS BLOCKED OR OTHERWISE UNABLE TO INTEROPERATE FOR THE SERVICES. THE dittoTV NETWORK IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING WITHOUT LIMITATION, IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, DIRECT LIFE-SUPPORT MACHINES, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE dittoTV NETWORK COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE (COLLECTIVELY, "HIGH RISK ACTIVITIES"). ZDCL EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ZDCL, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS) THAT SUCH PARTY/PARTIES MAY INCUR AS A RESULT OF OR ARISING FROM (A) ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, YOUR USER SUBMISSIONS, FEEDBACK, OR ANY OTHER CONTENT) YOU (OR ANYONE USING YOUR ACCOUNT) SUBMIT, POST, OR TRANSMIT ON OR THROUGH THE dittoTV NETWORK; (B) YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE dittoTV NETWORK; (C) YOUR (OR ANYONE USING YOUR ACCOUNT'S) VIOLATION OF THESE TERMS; OR (D) YOUR (OR ANYONE USING YOUR ACCOUNT'S) VIOLATION OF ANY RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET OR OTHER PROPRIETARY RIGHTS OF ANY PERSON OR ENTITY. ZDCL RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH ZDCL IN ASSERTING ANY AVAILABLE DEFENSES.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL ZDCL BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, REMOTE OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING A DUTY OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE (WHETHER ACTIVE OR PASSIVE), AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE dittoTV NETWORK, LOSS OF DATA OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE, AND GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY ZDCL, AND EVEN IF ZDCL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ZDCL BE LIABLE FOR ANY DAMAGES IN EXCESS OF YOUR LAST RECHARGE AMOUNT FOR THE dittoTV NETWORK. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
ZDCL is a company based in India. ZDCL’s goal is to bring to YOU as much Content as is legally available. That said, ZDCL is limited by the rights that ZDCL’s content licensors grant to ZDCL. Using technologies to access the Content from territories where ZDCL does not have rights or does not offer services is prohibited. By availing the Services of dittoTV network, YOU hereby acknowledge that ZDCL is not responsible or liable in any manner to comply with any local laws of YOUR territory except India with respect to provision of the Services. Further, YOU hereby agree that by usage of dittoTV Network, YOU undertake the responsibility and liability with respect to availing the Services of dittoTV Network in YOUR territory.
YOU agree to comply fully with all Indian export laws and regulations to ensure that the dittoTV Network are not exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
YOU agree that the dittoTV Network, including, but not limited to, the object code components, provided to YOU is "Confidential Information" of ZDCL. YOU shall retain all Confidential Information in strict confidence at least with the same amount of diligence that YOU exercise in preserving the secrecy of YOUR most-valuable information, but in no event less than reasonable diligence.
These TERMS are personal to YOU and YOU shall not assign, transfer, sub-contract or otherwise part with these TERMS or any right or obligation under it without ZDCL's prior written consent. Any attempt by YOU to assign or transfer these TERMS, without such written consent, will be null and of no effect. ZDCL may assign or transfer these TERMS to any third party, at its sole discretion, without restriction. Subject to the foregoing, these TERMS will bind and inure to the benefit of the parties, their successors, personal representatives and permitted assigns.
If any provision of these TERMS is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby.
If YOU believe that the Content or any other component of the dittoTV Network infringes YOUR copyright or in violation with applicable laws of YOUR jurisdiction, YOU must promptly notify ZDCL. Any notices or other communications permitted or required hereunder will be in writing and given to ZDCL at email@example.com. Any notices or other communications required hereunder will be in writing and given by ZDCL by posting on the dittoTV Network. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted, and for notices posted on the Site, the date on which it was posted will be deemed the date on which such notice is transmitted.
These TERMS and all matters arising from it are governed by and construed in accordance with the laws of India and courts of Mumbai, India shall have exclusive jurisdiction over all disputes arising in connection with these TERMS.
Any party employs attorneys to enforce any rights arising out of or relating to these TERMS, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs, and other expenses.
ZDCL reserves the right, at its sole discretion, to may modify the TERMS from time to time (“Updated Terms”). The Updated Terms shall be effective immediately. YOU are responsible for reviewing any Updated Terms before using the dittoTV Network. By continuing to use the dittoTV Network after the Updated Terms have been posted, YOU affirm YOUR agreement to the Updated Terms.
You have any questions about these Terms, please contact ZDCL at firstname.lastname@example.org.