END USER AGREEMENT

IMPORTANT--READ CAREFULLY BEFORE USING THIS SOFTWARE PRODUCT: THIS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU ("YOU" THE END USER OF Ditto TV, a product of ZEE Entertainment Enterprises Limited. INCLUDES A PERSON AND/OR AN INDIVIDUAL ENTITY, ALSO USED IN THE FORM "YOUR" WHERE APPLICABLE) AND ZEE Entertainment Enterprises Limited. ("ZEE"). Ditto TV (HEREINAFTER REFERRED TO AS "SOFTWARE PRODUCT" OR "SOFTWARE") is an application and/or a service that allows you to watch TV channel(s) leveraging the internet technology ("SERVICES"). BY CHECKING ON THE EULA ACCEPTANCE LINK AND/OR BY DOWNLOADING AND/OR INSTALLING AND/OR USING THE SOFTWARE PRODUCT, YOU INDICATE ACCEPTANCE OF THE EULA AND THE WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY SET OUT IN THE EULA. IF YOU ARE ACCEPTING THE EULA ON BEHALF OF A CORPORATE LICENSEE, YOU REPRESENT THAT YOU ARE AUTHORIZED TO DO SO. IF YOU ARE NOT SO AUTHORIZED, NOR DEEMED IN LAW TO HAVE SUCH AUTHORITY, YOU ASSUME SOLE PERSONAL LIABILITY FOR THE OBLIGATIONS SET OUT IN THIS EULA. YOU SHOULD THEREFORE READ THE LICENSE CAREFULLY BEFORE CHECKING ON THE "EULA ACCEPTANCE" LINK. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU SHOULD NOT CHECK THE "EULA ACCEPTANCE" LINK AND NOT DOWNLOAD OR USE THE SOFTWARE PRODUCT. YOU SHOULD ALSO DESTROY ANY UNLICENSED COPIES OF THE SOFTWARE PRODUCT, WHICH MIGHT BE IN YOUR POSSESSION.

ZEE MAY CHANGE THE TERMS OF THIS EULA AT ANY TIME AND SUCH CHANGES SHALL BE EFFECTIVE IMMEDIATELY. YOU ARE RESPONSIBLE FOR REVIEWING THE EULA BEFORE EACH USE OF THE SOFTWARE. YOUR CONTINUED USE OF THE SOFTWARE PRODUCT AFFIRMS YOUR AGREEMENT TO THE REVISED EULA.

LICENSE

a. License Grant.

Subject to the terms and conditions of this EULA, ZEE hereby grants to You a personal, limited, non-sub licensable, non-exclusive, non-transferable license to use and copy the Software Product and the accompanying Documentation for use only on one computer system owned, leased and /or controlled by You. Documentation shall include, but not be limited to, any printed materials, "online" or electronic data provided by or obtained from ZEE with regard to this Software Product ("Documentation"). Even though copies of the Software Product may be provided on media of different formats, copies of the Software Product on different media formats do not constitute multiple licenses to the Software Product. If the Software Product is licensed as a suite or bundle with more than one specified Software product, this EULA applies to all such specified Software products, subject to any restrictions or usage terms specified on the applicable product packaging that applies to any of such Software products individually.

DEFINITIONS

Certain words in this agreement have a specific meaning and are explained below for Your easy understanding:
1. Subscription Package : 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 ZEE
2. Subscriber : An user (You) agreeing to the Terms and Conditions for availing the services
3. Subscriber Account : Personal subscription account with Ditto TV for carrying out all the transactions
4. Special Partner Packages : A Combination of one or multiple LIVE TV channels, TV Shows, Movies, Music or any other Information or Entertainment based Content, priced differently with an amount decided by ZEE, intended for product promotion
5. A La Carte : List of Individual LIVE TV channels, TV shows, Movies, Music or any other Information or Entertainment based Content, priced independently from which a subscriber can select one or multiple channels
6. LIVE Channel : Station streaming LIVE feed of a Television Channel (However, in the mentioned LIVE Feed, there would be a 5 to 10 seconder delay, which is as per the industry norms)
7. VOD Channel : Station steaming a collection of Videos, at times in loop
8. Day : 24 hour period from 00:00:00 hours to 23:59:59 hrs.
9. Force Majeure Event: shall mean any reason or cause beyond the control of ZEE including but not limited to an act of God including fire, flood, windstorm or other natural disaster; failure of communications, equipment, machinery; transmission limitations / problems caused by topographical, geographical, atmospheric, hydrological, environmental conditions and / or such other factors / features / conditions, system(s) changes or capacity limitations for reasons of upgradation, variations, installation, relocations, repairs, operation and / or maintenance of systems / equipments / the service; breach of contract by any content and / or technology partner(s) of ZEE; threat to the security of ZEE Personnel; theft, tampering with or damage to ZEE and its technology partner property or facilities.
10. Account Balance : Current available amount in Subscriber Account
11. Recharge Voucher : A paper voucher or electronic PIN through which account can be recharged or topped up
12. Registered Mobile Number : Mobile phone number submitted at the time of Sign Up / Registration
13. Subscription Fee : The amount paid by User to receive the Service
14. Service : Video Streaming Service provided by Ditto TV on select mobile devices, laptops, tablets, desktops and connected TVs
15. We, Us, Our or Ditto TV : ZEE Entertainment Enterprises Limited and its successors and assigns
16. You or Your : Party named during Registration or Sign Up

SUBSCRIPTION CONTRACT

1. Unless You Provide a valid Mobile Number at the time of Sign Up / Registration, the Service will not be activated for the initial complimentary trial period defined by ZEE
2. ZEE reserves the right to reject any Sign Up / Registration without assigning any reason
3. By submitting the registration form, You acknowledge that You are fully informed about the Service, have read, understood and agree to be bound by all provisions of the Subscription Contract and have only thereupon opted to subscribe to the Service. No change by You to any information in the Registration Form shall be valid unless communicated by You and accepted by Us in accordance with the Subscription Contract.
4. You warrant and represent that You or Your Authorised Representative has achieved the age of majority, is otherwise competent to contract and has the authority to execute this Subscription Contract and be bound by it. Any breach of this section shall be grounds for termination by Us of the Subscription Contract
5. You further acknowledge and agree that by taking any actions or allowing any actions to be taken on Your behalf by Your Authorised Representative under this Subscription Contract, including without limitation, choosing a Package, accepting the Service and utilizing Recharge Vouchers, You accept to be bound by the terms and conditions of this Subscription Contract.
6. Software product is available in selected countries only. ZEE would not be held responsible for hindrance/s in the services due to geographical change in Your location.
7. You are responsible for the security and proper use of Your username and password and for all transactions undertaken using your Username and password in this section. It is Your responsibility to change Your password immediately if You believe it has been compromised. ZEE will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of Your Username and password and/or Your credit card/net banking account number and other details.

TERM

1. This EULA is perpetual subject to payment of all applicable subscription fees within 48 hours from the time you register yourself for the service. This EULA will automatically terminate if payment of renewal fees is not made. This EULA will terminate automatically if you fail to comply with any of the limitations or other requirements described herein, and such termination shall be in addition to and not in lieu of any criminal, civil or other remedies available to ZEE. You may terminate it at any time by destroying the Software Product and Documentation together with all copies in any form. When this EULA terminates, you must immediately cease using the Software Product and destroy all copies of the Software and the Documentation.

SERVICE

1. The Service You select will be provided to You in accordance with the Law.
2. We will provide the Service only for the purpose of Your private non-commercial use, enjoyment and therefore You will not use the Service or any part of it for any other purposes.
3. The Service may not be viewed in areas open to the public or received by Commercial Establishments.
4. The Service may or may not carry advertisements, and Zee reserves the right to decide on the same.
5. We shall be entitled to inspect the Address premises, without prior notice and during reasonable hours permitted under the law to verify Your compliance with the subscription Contract and the intellectual property rights of any party and, in connection with such inspection, to take photographs and gather documents, materials, equipment or other information necessary as proof of any violation of this Subscription Contract or intellectual property rights of any party. In the event that We detect any violation of this Subscription Contract or any intellectual property rights utilizing fingerprinting or any other mechanism or system deployed by Us or by Our authorized representatives, then such fingerprinting or other mechanism or system shall be acceptable to You and any findings of contractual or intellectual property violations and / or violations of any other law/s through the use of fingerprinting or other method presented before the relevant authority shall be treated as conclusive proof of any such violation.
6. You understand and permit and agree that you want / allow / can avail SMS, email, telephone call or any other means or services / communication at your discretion, and that the said service / communication shall be availed in such options as are made available by EULA from time to time.

PACKAGES

1. You must Create a Wallet of a basic amount defined by ZEE and subject to change in order to subscribe to Our Service.
2. Package Migration: You may at any time request to change Your Package from Your existing Package to another Package offered by Us as per the relevant terms and conditions prescribed by Us from time to time.
3. In order to change the package You must have the required balance and validity
4. You will be liable to pay the applicable charges for the requested Package and such charges shall be effective from the date of migration to the said Package.
5. Upon required notice to You, We reserve the right, at any time, without liability to You to: (i) replace or otherwise withdraw Packages or Content, (ii) change or reduce the number of hours of any Content; (iii) blackout any Content; (iv) modify the prices for the Service or any part of the Service.
6. We reserve the right to change Packaging and introduce Base and Add On packages and/or offer channels on an a-la-carte basis.
7. You acknowledge and agree that the Content provided by Us as part of the Service is being supplied by other parties and availability of Content is outside Our control.
8. We reserve the right 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 We 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 Our subscribers or the general public.

ONLINE PAYMENT

1. The facility for online payment/s through credit card/ net banking account is available for select credit card and net banking account only.
2. In a credit card and/or debit card and/or net banking transaction/s, the User/Customer must use his/her own card. ZEE will not be liable for any credit card or debit card or net banking fraud. You are requested to communicate all grievances related to such issues to Your Bank/ credit card or net banking account supplier. ZEE will not entertain or address any such grievances or issues.
3. You confirm that You are aware of the fact that when making any online payment through credit card/ net banking account, 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 We do not control such third party website/s and are not responsible for any transactions on such website/s.
4. Payments made online by credit card / net banking will not be refunded.
5. ZEE shall not be responsible for all or any dispute or difference relating to online payment made by You through credit card/ net banking account

VOD CONTENT

1. The Subscription Contract does not authorise You to receive any VOD Content automatically. If You subscribe to any VOD Content, such subscription will be subject to the terms specified by Us from time to time.
2. Showcase Events must be subscribed to and cancelled as per the time limits specified by Us from time to time.

APPLICATION DOWNLOAD AND INSTALLATION

1. Ditto TV as an application has to be downloaded from our website www.dittotv.com by the user onto to his / her device in order to avail the services
2. Download procedure of the application needs to be selected from the website, based on the Operating System of Your device
3. You need to have an Internet Connection to the device for the download to begin and complete
4. We would not be responsible in case of any fluctuation in the Internet Connection speed leading to corrupt application file download
5. At any given point of time, Your device has to be connected to Internet to avail the services of Ditto TV. You would be charged separately for the Internet Connection and the charges will depend on your plan subscribed from the Internet Service Provider. We would not be held responsible in case of any issues pertaining to the Data charges applicable.
6. We shall not be responsible or liable to You for interruption, disruption, deactivation of Service after Installation on account of any force majeure event.
7. The application can be accessed by the same user on maximum 2 devices, but not simultaneously. In case, You wish to add a new device, You need to un authorize the previously authorized devices.
8. The Software product is compatible on selected Operating Systems (OS) and devices. The list of the compatible OS and devices is mentioned on our website (www.dittotv.com).
9. We may, at our sole discretion, make bug fixes, updates for the installed application.

OWNERSHIP

a. Ownership Rights

The Software Product and Documentation are copyright works of authorship and are protected by United States patent, copyright, data base and other intellectual property laws, and international treaty provisions. All right, title and interest in and to all copyrights, patents, trade secret rights, trademarks and other intellectual property rights in and to the Software Product (including, but not limited to, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software Product) and Documentation, are owned by ZEE. You acknowledge that Your possession, installation, or use of the Software does not transfer to You any ownership, title, or registrable interest of any kind to the intellectual property in the Software Product and Documentation, and that You will not acquire any rights to the Software Product and Documentation except as expressly set forth in this EULA. You agree that all backup, archival, or any other type of copies of the Software Product and Documentation will contain the same proprietary notices that appear on and in the Software Product and Documentation.

RESTRICTIONS

You may not rent, lease, duplicate, sublicense, assign, pledge, loan, or resell the Software Product and Documentation. You may not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Software Product except as expressly permitted by the law of this EULA. You may only use the Software Product on hardware that is under Your exclusive control. You may not permit any parent, affiliate, subsidiary or any other third parties to benefit from the use or functionality of the Software Product, either directly or via a facility management, timesharing, service bureau or any other arrangement. You may not use the Software Product as part of a facility management, timesharing, or service bureau arrangement. If you transfer possession of any copy of the Software Product and/ or Documentation to another party, Your EULA is automatically terminated. All rights not expressly set forth hereunder are reserved by ZEE. ZEE reserves the right to periodically conduct audits upon advance written notice to verify compliance with the terms of this EULA.

WARRANTY DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE PRODUCT (AND ACCOMPANYING DOCUMENTATION) IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE SOFTWARE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND SOLE RESPONSIBILITY FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, ZEE MAKES NO WARRANTY THAT THE SOFTWARE PRODUCT WILL BE ERROR-free, VIRUS free, OR free FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE PRODUCT WILL SATISFY YOUR SPECIFIC REQUIREMENTS. YOU UNDERSTAND THAT THE SOFTWARE PRODUCT CAN BE BLOCKED OR MADE INOPERABLE BY ANY OF THE SERVICES. ZEE ASSUMES NO RESPONSIBILTY IF THE SOFTWARE PRODUCT IS BLOCKED OR OTHERWISE UNABLE TO INTEROPERATE WITH THE SERVICES.

INDEMNIFICATION

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZEE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, OF LACK OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE SOFTWARE PRODUCT. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE PRODUCT. THE ENTIRE RISK OF THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT, IF ANY, REMAINS SOLELY WITH YOU (AND NOT THE LICENSOR NOR ANY RESELLER OF LICENSOR) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL ZEE BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, REMOTE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, FOR PERSONAL INJURY, LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING A DUTY OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE (WHETHER ACTIVE OR PASSIVE), AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE PRODUCT LOSS OF DATA OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE, AND GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY ZEE, AND EVEN IF ZEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ZEE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE ZEE CHARGES FOR A LICENSE TO THE SOFTWARE PRODUCT. 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.

ENTIRE AGREEMENT

This EULA expressly supersedes and completely replaces any and all prior End User License Agreements. ZEE shall not be bound by or liable to You for any pre-existing or contemporaneous written or oral representations or warranties, made by anyone, with respect to the Software Product, including any authorized distributor or reseller or their respective agents, employees, or representatives, nor shall You be deemed a third party beneficiary of any obligations of ZEE to any such distributor or reseller

ATTORNEYS' FEES

If any party employs attorneys to enforce any rights arising out of or relating to this EULA, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs, and other expenses.

SEVERABILITY

If any provision of this EULA is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby.

HIGH RISK ACTIVITIES

The Software Product 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 Software Product could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). ZEE expressly disclaims any express or implied warranty of fitness for High Risk Activities.

CONFIDENTIALITY

You agree that the Software Product, including, but not limited to, the object code components, and any Documentation provided to You is "Confidential Information" of ZEE. 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.

ASSIGNMENT

This EULA is personal to You and You may not assign, transfer, sub-contract or otherwise part with this EULA or any right or obligation under it without ZEE's prior consent.

CANCELLATION AND REFUND POLICY

ZEE does NOT follow any cancellation and/or refund policy.

LAW & DISPUTES

This EULA and all matters form it are governed by and construed in accordance with the laws of India whose courts shall have exclusive jurisdiction over all disputes arising in connection with this EULA.

DEACTIVATION AND CANCELLATION OF SERVICE

We reserve the right to deactivate or cancel Your Service if at any time any license, permission or authorisation necessary for Us to operate the Service is revoked or suspended.
We may cancel Your Service at any time if, in Our sole discretion, We determine that You:
(a) are in breach of any provision of the Subscription Contract;
(b) have acted in a manner that is inappropriate;
(c) copy, redistribute, relay, re-broadcast, or transmit the Service and/or recordings made via Your Device in an unauthorised manner or otherwise allow the interception of the Service and/or recordings made via Your device by any equipment which would allow for its distribution or redistribution from the Address to any neighbouring premises, cable operator or any other person or entity or We suspect that You are copying, redistributing, relaying, re-broadcasting, or transmitting the Service and/or recordings made via Your device in an unauthorised manner or otherwise allowing the interception of the Service and/or recordings made via Your Device by any equipment which would allow for its distribution or redistribution from the Address to any neighbouring premises, cable operator or any other person or entity.
(d) permit or allow the viewing of Content certified for adult viewing by minor/s;
(e) use the Service for transmitting objectionable content, messages or communications or for anti-national activities;
(f) sell or make any charge for the viewing of the Service and/or any recordings including those made via Your device;
(g) show or permit the viewing of the Service and/or any recordings including those made via Your device in public to an audience, even if no charge is made;
(h) use in any manner whatsoever any of Our trademarks;

PROMOTIONAL / SPECIAL OFFERS & GIFT VOUCHERS: TERMS & CONDITIONS

1. For the purpose of promotional activities and various alliances, ZEE may offer valued Ditto TV services free of charge or gifted at special prices to valued customers.
2. You are eligible to avail of such promotional or gift packages and offers only once during its valid period. Any user attempting to reuse a promotional voucher / offer, or activating multiple vouchers by tampering with the voucher system, is liable to have his/her services revoked or rolled back to a previous valuation at ZEE's discretion and without prior notice.
3. Under no circumstances and under no legal theory, whether in tort, contract, or otherwise, shall ZEE be liable to you or to any other person or entity for any indirect, special, incidental, remote or consequential damages or losses arising from any action on behalf of ZEE to prevent misuse of promotional or special alliance offers.
4. In case of SMS based activities, SMS rates ranging from Rs. 1 to Rs. 10 may apply as per the telecom operator premium SMS costs. ZEE bears no liability to you or to any other person or entity for losses or billing and/or deductions from a telecom operator to you for such SMS sent for any Ditto TV services, offers or otherwise.
5. ZEE reserves the right to revoke or amend the services offered by such special offers and vouchers at any time at its discretion without prior notice.