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TERMS AND CONDITIONS OF USE

This site located at URL at http://www.colorstv.com is fully controlled and operated by Viacom 18 Media Pvt. Ltd. (“Company”) having its registered office at Zion BizWorld, Subhash Road ‘A’, Vile Parle (East), Mumbai 400057.

By accessing and using this Site, you ("you" or "your" or "user") agree to be bound by the following "Terms and Conditions of Use". IF YOU DO NOT AGREE WITH ANY OR ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE, PLEASE DO NOT ACCESS OR USE THE SITE.

We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms and Conditions of Use at any time without prior notice. Such changes and/or modifications shall become effective immediately upon being posted on the Site.

Please review the Terms and Conditions of Use from time to time. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms and Conditions of Use.

1. ACCESS TO THE SITE

The Site grants you a personal, revocable, non-exclusive, non-transferable right to access and use the Site, for non-commercial use only, in accordance with this Terms and Conditions of Use.

To join contests, campaigns, gain access to and/or to log on to the exclusive content areas, guests of the Site are required to register with the Site.

However, parents and guardians of children below age of 18 years are required to approve and accept the member registration of any such child who is below the age of 18 years before such child can enjoy the benefits of the Site.

Any and all contests and campaigns hosted or conducted on the Site are subject to the terms and conditions as set out on the Site and you are requested to read the same before participating in the same.

1. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

1. For the purpose of this clause 2, the following terms shall have the meaning as ascribed to them below:

"Intellectual Property Rights" shall mean all patents, trade marks, service marks, copyright, database right, service marks, trade names and design rights and similar proprietary rights of the Company or its Associated Companies worldwide whether registered or unregistered and all renewals and extensions.

"Associated Companies" shall mean Viacom International Inc. or Network18 Media & Investments Limited, and/or their respective subsidiaries, affiliates and assigns including without limitation any corporation, general or limited partnership, firm, joint venture, association, joint stock company, limited liability company, division, or other form of business or legal entity which is directly or indirectly, through one or more intermediaries, Controlled by Viacom International Inc. or Network18 Media & Investments Ltd., as the case may be.

"Controlled" shall mean the power to direct or cause the direction of the management and policies of such corporation, general or limited partnership, firm, joint venture, association, joint stock company, limited liability company, division, or other form of business or legal entity, whether through the ownership of voting equity securities, by contract, by membership or involvement in the board of directors, management committee or other management structure or otherwise.

2. All rights, title and interest in Intellectual Property Rights in the Site including without limitation games, ring tones, data, software, design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material or other elements and the selection and arrangement of all such elements (the "Material") are the property of the Company and/or its Associated Companies, and/or its licensors and/or other respective owners and are protected, without limitation, pursuant to Intellectual Property Rights laws of India and other countries. The Site retains full and complete title to the Material and all intellectual property rights therein.

3. In the event you download any software from this Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are non-exclusively licensed to you by the Site only for your non-commercial personal use. You shall not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.

4. The Site grants you a personal, non-exclusive, non-assignable and non-transferable licence to use and display, for non-commercial use only, one copy of select Material that we may offer to you via the Site from time to time including without limitation games, video-clips, screensavers and artwork provided that you maintain all copyright and other Intellectual Property Rights proprietary notices contained in such Material. Nothing contained in the Site should be construed as granting, by implication, estoppels or otherwise, any license or right of use of any trademark displayed on the Site without the written permission of the Site.

5. You agree not to copy, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, transmit, sell, rent, lease, lend, sub-licence or circulate any Material and/or part of or all of the Site to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of the Site. Use of the Site and/or its licensors' Material is only permitted with express prior written permission of the Site. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material including without limitation software.

3. USER’S POSTS

1. Where areas of the Site allow users to post and exchange information, ideas and opinions etc. ("Postings"), the Postings do not reflect the views of the Site. In no event shall the Site be held responsible for any Posts nor does the Company or Site represent or endorse the accuracy or reliability of any advice, opinion, statement, suggestion or other information on the Posts nor shall the Company be liable for any loss or damages resulting from their use and/or appearance on the Site.

2. By providing a Post to the Site, you undertake, represent and warrant to the Company that you have all necessary rights in and to that Post and all information it contains and that no such Post shall infringe any rights, of third parties, including without limitation, Intellectual Property Rights or other rights of any third parties or be otherwise defamatory, slanderous or hurtful to any particular person or group of people.

3. By submitting any Post, you grant the Company and its Associated Companies, a perpetual, worldwide, royalty-free, irrevocable, non-exclusive licence to use, and authorise others to use the Post in whole or in part, in any and all media, now known or hereafter developed, alone, or together or as part of any other type of material of any kind or nature.

4. The Company/Site will have the right to monitor, remove, suspend, destroy, use and change any Post and/or content that is available on or via any chat area or our Site generally, in any manner that the Company may determine, in its sole discretion, at any time. Although the Company endeavours to periodically monitor the content posted on this Site, the Site will not be responsible for the views or opinions expressed by third parties on the Site.

5. You agree that you will not use any Post and/or any part or all of our Site to:

i) collect, store and/or identify private or personal information of any user or person;

ii) facilitate personal attacks on other individuals or groups of people;

iii) upload, post or e-mail any content that is defamatory, obscene, pornographic, threatening, harassing, unlawful, harmful, abusive, tortious, profane, hateful, or racially, ethnically or otherwise objectionable; and/or other information that the Site deems in its sole discretion inappropriate for the Site;

iv) harm children in any way including without limitation any offences in relation to grooming children online under law;

v) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content;

vi) stalk or otherwise harass another person or User;

vii) upload, post or e-mail any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;

viii) upload, post or e-mail any content that infringes any Intellectual Property Rights or other third party rights of any party;

ix) upload, post or e-mail any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters' or any other form of solicitation;

x) upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment and/or the Site;

xi) disrupt the normal flow of dialogue, cause a screen to 'scroll' faster than other users of the chat areas are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; and/or

xii) violate any applicable national or international laws or regulations.

6. You further agree that you may use the Site for non-commercial purposes only. You may not submit Posts intended to promote and/or generate revenue for yourself and/or any third party business activity.

4) SUBMISSIONS

1. You grant Company and its Associated Companies a perpetual, worldwide, royalty-free, irrevocable, non-exclusive licence to any information (in addition to Postings) or other material including without limitation text, images, designs, audio and/or video clips ("Submissions") submitted by you to the Site (whether at the invitation of the Site or on an unsolicited basis) to use, reproduce, copy, adapt, transmit, broadcast, publish or delete as the Company and its Associated Companies, in their discretion see fit. You agree that in such circumstances, that you are not entitled to any compensation from the Company and/or its Associated Companies.

2. You undertake, represent and warrant to the Company that any such Submission is original to you, does not infringe the rights of any third party including without limitation Intellectual Property Rights and is not defamatory. If you make any Submission on the Site, you shall be deemed to have waived any rights, interest and ownership in the Submission. You further agree to waive any moral rights and to assign any performance rights in any such Submission in relation to its use by the Company and/or its Associated Companies.

5) COMPETITIONS AND OTHER ACTIVITIES

The Site provides terms and conditions for certain activities on the Site including, without limitation, for competitions conducted by the Site in conjunction with third parties. These Terms and Conditions of Use are incorporated by reference into those specific terms and conditions provided in respect of a particular activity. To the extent of any conflict, the specific terms and conditions provided for the activity you have chosen will take precedence.

6) DISCLAIMER AND LIMITATION OF LIABILITY

1. The Site and all materials contained on it are distributed and transmitted by the Site on an "as is" and "as available" basis. Except to the extent required by law, the Company including its Associated Companies, its directors, employees, agents or sub-contractors:

i) disclaims any and all express or implied representations, warranties and/or conditions of any kind, including, but not limited to the implied conditions and/or warranties of satisfactory quality, fitness for purpose, non-infringement, compatibility, security and/or accuracy;

ii) is not responsible or liable for any infection or contamination of your system arising out of or in connection with your use of the Site or any connected website and does not warrant that the site, the server(s) that make the site available or any connected website is free from viruses, trojan horses, worms, software bombs or similar items or processes or other harmful components;

iii) is not responsible or liable for interruptions, delays, inaccuracies, errors, or omissions arising out of your use of the Site or any connected website or with respect to the material, postings or submissions contained on the site; and

iv) does not warrant that the Site, or any connected website, any materials, third party content, goods and services offered will be uninterrupted or error free.

2. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material and use of and access to the Site or any connected website rests with you.

3. To the fullest extent permissible by law, the Company, its Associated Companies, and its respective officers, directors, employees, agents, licensors, consultants, representatives, and/or third party providers will not be liable for any loss 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 Site and/or Posts and/or Materials and/or any connected website including, without limitation:

i) indirect or consequential loss;

ii) loss of profits or revenue or savings or other economic loss;

iii) incidental, direct, or special loss or similar damages;

iv) loss of or damage to data;

v) loss of business or goodwill; and/or

vi) wasted or lost management time,

even if advised of the possibility of such loss or damage or if such loss or damage was foreseeable. Notwithstanding the foregoing, in no event shall the Company’s or Associated Companies’ liability to you for any and all losses or damages (whether in contract, tort, breach of statutory duty or otherwise) exceed the amount paid by you, if any, for accessing the site.

4. If you are dissatisfied with the Site, the Materials available on it, or with these Terms And Conditions Of Use, your sole and exclusive remedy is to discontinue accessing or using the Site.

7) THIRD PARTY HYPERLINKS

The appearance of external hyperlinks and/or other elements generated by third parties on the Site does not constitute endorsement by the Company and/or its Associated Companies of the opinions or views expressed by such third parties' websites. The Company does not verify, endorse or take responsibility for the accuracy, currency, completeness or quality of the content contained on these third parties' sites. Furthermore, the Site is not responsible for the quality of or delivery of any products or services offered, accessed, obtained by or advertised at such third parties' sites. As such, neither the Site nor its Associated Companies will be responsible for content provided on any third party website, and further the Site will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked websites. All such advertisings are paid for by the relevant third party advertiser and are not recommendations or endorsements by the Site or its affiliates. You should refer to the relevant advertiser for information on its products and/or services.

8) TERMINATION

The Site reserves the right to terminate your access to all or part of this Site, with or without notice.

9) INDEMNITY AND LIMITED LIABILITY

1. You agree to fully indemnify, defend and hold harmless the Company, its Associated Companies, its directors, employees, agents, licensors, representatives and third party providers from and against all loss and damages including reasonable legal fees, resulting from any breach of these Terms and Conditions of Use by you. The Company reserves the right to assume, at its sole expense, the exclusive defence and control of any matter subject to full indemnity by you, in which event you agree to fully co-operate with the Company in defending any action or potential action.

2. To the fullest extent permitted by applicable law, the Company excludes all liability for any direct, indirect, incidental, special or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from:

i) the use or the inability to use the Site;

ii) the cost of procurement of substitute goods and services resulting from any goods or services purchased or obtained or transactions entered into through or from the Site; or

iii) unauthorized access to or alteration of your transmissions or data, even if the Site has been advised of the possibility of such damages.

3. You further agree that the Company is not responsible or liable to you for any threatening, defamatory, obscene, offensive or illegal conduct of other users or any infringement of another's rights, including intellectual property rights, occurring on or through the Site.

4. If you are dissatisfied with the Site, the Materials available on it, or with these Terms of Use, your sole and exclusive remedy is to discontinue accessing or using the Site.

5. Without limiting any other provision of these Terms and Conditions of Use, to the extent that any warranty of liability cannot be excluded, the Site's total liability is limited to:

i) the resupply of the services provided herein; or

ii) payment of the cost of having services supplied again.

10) MISCELLANEOUS

1. These Terms and Conditions of Use contain the entire understanding between you and the Site and supersede all prior understanding of the user and the Company in respect of the user's access or use of the Site.

2. If any provision of these Terms and Conditions of Use 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.

3. Unless otherwise specified, the Materials on the Site are presented solely for the purpose of entertainment and promoting programs and other products available in India. The Company makes no representation that materials on the Site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

These Terms and Conditions of Use 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.sss

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