The Terms and Conditions of use set forth herein apply to the website titled ACTFAQs.com which is owned, operated, licensed and controlled by ACTFAQs and is covered and protected by all laws including but not limited to copyright and trademark laws of India.
This website is for the purpose of providing digital content including sound recordings, video recordings, games and other entertainment applications. As a user and potential customer, we invite you to browse our website. Users are not permitted to reproduce, distribute, modify, display or make use of the contents of this website, except download material in temporary storage on one computer/mobile solely for your personal and non-commercial use. Any unauthorized use of the services and content may violate copyright laws, trade mark laws as well as the laws of privacy and ACTFAQs is not responsible for the same. ‘Unauthorized use’ shall mean and include any usage of the digital content provided on this website not in conformity with the rights granted with respect to the same. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.
You agree to provide ACTFAQs with accurate, complete and updated registration information. If you do not provide ACTFAQs with accurate, complete and updated registration information, you are not authorized to use the service and your account may be terminated immediately. You further agree that, in providing such registration information, you will not knowingly or otherwise omit or misrepresent any material facts or information and that you will promptly enter correct and/or updated Registration Data via the Service, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize ACTFAQs to verify your Registration Data as may be required for your use of and access to the Service, as applicable.
Content such as the synopsis, cast, crew, reviews, previews, themes, wallpapers, stills, screensaver, photographs, animation, data, information, database, design, games, interactive content, trailers, making, images, and any text, images, messages, newsletters, music, audio, video, movies or its derivative, with or without sound, audio clips from the Sound Recording, created or collated by ACTFAQs from the Source Content, as may be granted by ACTFAQs to you for distribution under this Agreement strictly in accordance with these terms and conditions and the license agreement. Such Content may also include ring-tones, mono tones, poly-tones, true-tones, sing-tones, created, converted or inspired from the Source Content.
- Mobile Devices
Mobile Devices are devices which have telephony capability, either inbuilt or by in conjunction with any device or software which allows it to have a telephony usage, accessed by wires or wireless which includes but is not limited to GSM, CDMA, WiFi, WiMax, TCP/IP, Internet or any other protocol, service or format, either existing at present or which may be invented in the future.
- Mobile Service Providers
Mobile Service Providers are entities who are in the business of providing telephony services to their consumers, either via wires or wireless, landline or mobile, via GSM, CDMA or any protocol.
Refers and includes any and all application of contents to all users of website ACTFAQs.com
- Source Content
Shall mean the Sound Recordings and accompanying Video Recordings of Music Labels or any other content, wherein ACTFAQs has the rights to commercially exploit the content on digital platforms.
Refers to any user who enrolls subscription for services covered under terms and conditions of End User License Agreement (EULA).
The duration of the validity of your accessibility to the website and the content, depends upon the plan you have subscribed and the payment you have made.
Shall mean all user/consumers/subscribers of Canada, India, Malaysia, U.A.E., U.K., & U.S.A.
- Party / Parties
You and ACTFAQs.com shall individually be referred to as “the Party” and collectively as “the Parties” unless otherwise stated.
USER ACCOUNT & SECURITY
All Registered Users shall have user name and password. It shall be the sole responsibility of the Users to maintain the confidentiality and security of their Account. You should not reveal your Account information to anyone else or use anyone else’s Account. Your User account and password are personal and should be kept confidential. You agree that you will not allow another person to use your user account to access and use the service under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your user account and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so. ACTFAQs is not liable for any harm caused by or related to the theft of your IDs, your disclosure of your user account, or your authorization to allow another person to access and use the Service using your user account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the Service and you agree to immediately notify us of any unauthorised use of your Account or any other breach of security.
Although ACTFAQs will not be liable for your losses caused by any unauthorized use of your user account, you may be liable for the losses of ACTFAQs or others due to such unauthorized use. In consideration of your use of the Site and Services, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the Site and/or the Services.
FREE SERVICE FACILITY
When you register as a User of the website, from time to time, ACTFAQs.com might, initially allow you to have an option to avail one of the services of your choice, free of cost, as provided on the website. This is a free trial given to newly registered Users during which User can try out any one Service for free of cost for a limited period as may be prescribed for particular service. You may terminate your free service facility any time during the Free Service Facility Period for which you will not have any financial obligation with respect to the usage. Before expiry of the said Free Service Facility period, you shall be given an option to discontinue or continue the services on Website. If you chose to continue, you will have to pay for the services as per your selection from the options provided on the website. The Free Service Facility will expire anytime after midnight on the last day of the Free Service Facility. If you subscribe to a Service after you have already received a Free Service Facility on such Service, you will have to pay immediately upon registration. Free service is also limited to one per credit card. Should two customers use the same credit card to subscribe to website services, only the first customer is eligible to receive a Free Service Facility.
INTELLECTUAL PROPERTY RIGHTS
It is hereby specifically recorded that the content available through the Service is the sole and exclusive property of ACTFAQs or its Licensors and is protected by copyright and other intellectual property laws. Intellectual Property Rights for the purpose of this Agreement shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trade marks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and all those special rights conferred as a result of the Berne Convention, 1979 individually as a result of prospective local laws in accordance with the Convention and the Trade Related Aspects of Intellectual Property Rights Agreement of the World Trade Organization. All those intellectual property rights arising as a result of domain names, internet or any other form of an electronic/technological law shall also vest in the domain of ACTFAQs. The Parties hereto agree and confirm that no part of any intellectual property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and control of ACTFAQs.
You shall promptly notify ACTFAQs in writing upon your discovery of any unauthorized use or infringement of the Service (or its contents) or ACTFAQs’s patent, copyright, trade secret, trademarks or other intellectual property rights. The Service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT You grant ACTFAQs permission to send you mailers/ messages on a regular basis for the purposes of promotions and information related to the website. This can be done across all platforms including but not limited to web and wap.
You may post reviews, comments, and other content; send other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, offensive to any caste, class, community or individual, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. ACTFAQs reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant ACTFAQs a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ACTFAQs and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify ACTFAQs for all claims resulting from content you supply. ACTFAQs takes no responsibility and assumes no liability for any content posted by you or any third party.
You are solely responsible for the content including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, movies, interactive features and the like (“Content”) that you post on the ACTFAQs Website, and any material or information that you transmit to other Members and for your interactions with other Users. ACTFAQs does not endorse and has no control over the Content. Content is not necessarily reviewed by ACTFAQs prior to posting and does not necessarily reflect the opinions or policies of ACTFAQs. ACTFAQs makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
KINDLY NOTE THAT ACTFAQs PROHIBITS PORNOGRAPHY ON ITS SITE. Please choose carefully the information you post on the ACTFAQs Website and that you provide to other Users. Your ACTFAQs profile must not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. STRINGENT PENAL AND CRIMINAL ACTIONS WILL BE INITIATED AGAINST THOSE FOUND INDULGING IN ABOVE REFERRED ACTIVITIES. Any user or member who publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt people who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it shall be strictly treated under the provision 67 of the Information Technology Act 2000 and as per the provisions of Indian Penal Code and other appropriate statutes applicable in that scenario. Despite this prohibition, information provided by other Members (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and ACTFAQs assumes no responsibility or liability for this material. If you become aware of misuse of the services provided by ACTFAQs by any person, please contact ACTFAQs.com Privacy Coordinator.
If you violate, breach or fail to comply with any clause of this Agreement, we may terminate this Agreement or restrict or suspend or terminate your to use the Services immediately and without notice. You may terminate this Service by ceasing to use the Service. Termination is your sole right and exclusive remedy if you are not satisfied with the Service. Your determination of the Service shall lead to cessation of your access to the Service. However, you cannot escape your liabilities and obligations to pay accrued charges, if any, till date of termination of service reflecting as unpaid in your account.
WE RESERVE THE RIGHT TO TERMINATE YOUR USE OF THE SERVICE, WITHOUT CAUSE, UPON REASONABLE NOTICE.
TECHNOLOGY LIMITATIONS AND MODIFICATIONS TO SERVICE
It is the duty and responsibility of ACTFAQs to keep your account and the Service(s) operational. However, in case of any technical difficulties or for maintenance, if it results in temporary interruption, ACTFAQs will make reasonable efforts to rectify the snag as early as possible.
If, for any technical reason and under unavoidable circumstances ACTFAQs needs to discontinue, temporarily or permanently, functions and features of the Application and Service(s) with or without notice, or if any tracks in any particular catalog may no longer be available due to technical or contractual rights, ACTFAQs reserves right to change and replace the tracks or albums or any other Content available at any time.
Under the said circumstances, ACTFAQs shall not be liable for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to or of any of the Services as the same may be treated as Force Majeure.
You also may not use, nor allow others to use, your account, the Service, directly or indirectly, to: (a) attempt to or actually disrupt, impair or interfere with, alter or modify the Service or any information, data or materials posted and/or displayed by us or anyone else; (b) act in a way that affects or reflects negatively on us, the Service, or anyone else; (c) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party’s prior consent. You agree to comply with all local, state, federal laws, statutes, rules and regulations, as well as any international treaties, which are applicable to your use of the Service.
You are prohibited from violating or attempting to violate the security of the Service, including, without limitation: (a) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of the Service or to breach security or authentication measures, regardless of your motives or intent; (c) attempting to interfere with or disrupt the Service or service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or (d) sending unsolicited e-mail or other information, including promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations and we may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the ACTFAQs servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, ACTFAQs grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. ACTFAQs reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
As provided above, all information, technology and service provided shall, at all times, be on a “as is” and “as available” basis and ACTFAQs hereby states that any representation or warranty of any kind, express or implied, as to the application or its operation is not undertaken by ACTFAQs. to the maximum extent permitted by applicable law, ACTFAQs and its licensors, and its distribution and syndication partners, disclaim all warranties, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, and noninfringement. ACTFAQs makes no warranty that the application will meet your requirements, or that the application shall be uninterrupted, timely, secure, or error free; nor does ACTFAQs make any warranty as to the results that may be obtained from the application or as to the accuracy or reliability of any content obtained through the application. ACTFAQs makes no warranty regarding any goods or services purchased or obtained through the application or any transactions entered into through the application.
LIMITATION OF LIABILITY
In no event shall ACTFAQs or its licensors or any of their officers, directors, employees, agents or affiliates be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of this subscription agreement or the use of or inability to use any service, even if ACTFAQs has been advised of the possibility of such damages. because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you, but they shall apply to the maximum extent permitted by law. in no event shall we or any of our licensors be liable for any damages in excess of the amount paid for the application or the specific item of content giving rise to the applicable claim for direct damages.
You hereby agree to indemnify and hold ACTFAQs, its agents, contractors, members, subsidiaries, affiliates, service providers, syndicators, distributors, licensors, officers, directors and employees, harmless from any loss suffered by ACTFAQs as a result of a breach of the terms and conditions of this agreement by you and from any claim brought by third parties alleging that use of the Service by you or under your account has infringed any intellectual property or other right of any kind, or any applicable laws or regulation. You shall pay all costs, damages, awards, fees (including legal fees) and judgments awarded against ACTFAQs arising from such claims, and shall provide ACTFAQs with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at your sole expense.
Any dispute arising out of the Terms, the Site, or the Services shall be governed by the laws of India without regard to its confirm of law provisions and the High Court of Mumbai, India shall have non-exclusive jurisdiction with respect thereto
No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement.
If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. This Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void. This Agreement (including all documents expressly incorporated herein by reference, including but not limited to the ACTFAQs End User License Agreement) constitutes the complete and exclusive agreement between ACTFAQs and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
ACTFAQs may change/modify/alter this Agreement at any time in its sole discretion. In case of material change only will be posted by issuance of notice at the email address on file for your account. If the said change/modification/alteration is unacceptable to you, you agree that your only recourse is to terminate your Use of the Service(s) as provided herein. Your continued use of any Service following our posting of a change of terms will constitute your voluntary acceptance of the change, until such time as you terminate your Usage.
The Terms herein are subject to prevailing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with statutory requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.
Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, shall be Governed by laws of India.
It is agreed that the rights herein are non-transferable. You shall therefore not assign/ transfer any of your rights under this Agreement and any attempt by you to do so shall be void-ab-initio and not enforceable.
This Agreement or any other communication in electronic form or printed shall be admissible in judicial or administrative proceedings as if produced in printed form.