Please read carefully the following terms and conditions ("Terms") before downloading, installing or using the Services, Application or Site. These Terms govern yours and our obligations and restrictions concerning your access to and use of the Site, the Application and the Services and, except as otherwise provided in these Terms, all text, graphics, images, music, software, audio, video, information or other materials available through the Site and Services ("Content"). These Terms constitute a binding legal agreement between you and Lukup Media Private Limited and its group companies.
In these Terms, "you," "your" or "User" means any person or entity using the Site, Application or the Services. Unless otherwise stated, "Lukup," "we" or "our" will refer to Lukup Media Private Limited and its group companies.
Services means the services offered by Lukup delivered to you and includes all products and subscription services comprising of video-on-demand services ( push video, data, and audio) , live channels across the platforms ? cable, broadband / IPTV, television sets / smart televisions, and mobile devices such as smart phones and tablets and internet access as an ancillary service.
Lukup provides an online website www.lukup.com as an interactive platform for its viewers and associated mobile site/s, applications (?Applications?) to inter alia, view the Content made available to you through different modes, at the sole discretion of Lukup, at various geographical locations.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, THE APPLICATION OR THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE OR APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS, DOWNLOAD OR USE THE SITE, THE APPLICATION, SERVICES OR CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
To view any Service you must create an account and become a member (?Member?). During the registration process, you will be required to provide certain information such as your email address and you will establish a username and a 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. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your 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. You will immediately notify Lukup of any unauthorized use of your Account.
As part of the functionality of the Site, Application and the Services, you may subscribe to the site or watch video on demand / pay per view content through the Site, Application and the Services. If you choose to subscribe, Lukup will redirect the payment request to an authorised payment gateway (?Gateway?). Such Gateway will collect your credit card information, billing address and shipping address on behalf of Lukup and you authorize the Gateway to charge your credit card for any such purchases. The Gateway will process the charge for your purchase and will remit the funds to Lukup. You agree that you are responsible for and that you will pay the applicable purchase / subscription amounts and any taxes and other fees that may accrue in relation to your transaction / dealing. All payments and applicable taxes, if any, are payable in Indian Rupees.
The Site, Application, Services and Content are protected by copyright, trademark, and other laws of India and foreign countries. Except as expressly provided in these Terms, Lukup and in some cases its licensors exclusively own all right, title and interest in and to the Site, Application, Services and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application Services or Content.
Conditioned upon your compliance with the terms and conditions of this Agreement, Lukup grants you a limited, non-exclusive and non-transferable license to load, install and run the Application in order to benefit from its functionality as designed by Lukup including the aforesaid license to access and view any Content, solely for your personal, non-commercial purposes. Lukup reserves all rights in the Application and Content not expressly granted to you in this Agreement. You understand and agree that you may not use the Site, Services, Application or Content for any commercial purpose without prior written permission from Lukup.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Application, the Services or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Lukup or its licensors, except for the licenses and rights expressly granted in these Terms.
The license granted under this Agreement remains in effect for as long as you have an account with us, unless earlier terminated in accordance with this Agreement. You may terminate the license at any time by deleting your account and removing all copies of the Application in your possession or control. The license granted under this Agreement will automatically terminate, with or without notice from Lukup, if you breach any term of this Agreement.
Except as expressly specified in this Agreement, you may not: (a) copy (except in the course of loading or installing) or modify the Application, including but not limited to adding new features or otherwise making adaptations that alter the functioning of the Application; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the Application to any third party; or (c) make the functionality of the Application available to multiple users through any means, including but not limited to by uploading the Application to a network or file sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other type of services. You agree that portions of the Application, including but not limited to the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Lukup and its licensors. Accordingly, you agree not to disassemble, decompile or reverse engineer the Application, in whole or in part, or permit or authorize a third party to do so.
You agree not to do any of the following: Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Application or Site, or any individual element within the Application or Site, Lukup's name, any Lukup trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, except as explicitly permitted herein, without Lukup's express written consent; Access, tamper with, or use non-public areas of the Site or Application, Lukup?s computer systems, or the technical delivery systems of Lukup?s providers; Attempt to probe, scan, or test the vulnerability of any Lukup?s system or network or breach any security or authentication measures; Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Lukup or any of Lukup's providers or any other third party (including another user) to protect the Site, Services, Application or Content; Attempt to access or search the Site, Application, Services or Content or download Content from the Site, Application or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software or search agents provided by Lukup or other generally available third party web browsers; Send any promotional materials in violation of law; Use any meta tags or other hidden text or metadata utilizing a Lukup trademark, logo URL or product name without Lukup?s express written consent; Use the Site, Services, Application or Content for any commercial purpose without prior written permission from Lukup as noted above; Resell or offer advertising in connection with any Content; Profile any Lukup user; Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Content to send altered, deceptive or false source identifying information; Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Application, Services or Content; Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail bombing the Site; Collect or store any personally identifiable information from the Site, Application or Services from other users of the Site, Application or Services without their express permission; Impersonate or misrepresent your affiliation with any person or entity; Violate any applicable law or regulation; or Encourage or enable any other individual to do any of the foregoing. Lukup will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Lukup may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Lukup has no obligation to monitor your access to or use of the Site, Application, Services or Content or to review or edit any User Content but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Lukup reserves the right, at any time and without prior notice, to remove or disable access to any Content, including any User Content that Lukup, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site, Application or the Services.
The Site and Application may contain links to third party websites or resources. You acknowledge and agree that Lukup 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 Lukup 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.
If you breach any of these Terms, Lukup will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Lukup reserves the right to revoke your access to and use of the Site, Services, Application and Content at any time, with or without cause. In the event Lukup terminates these Terms for your breach, you will remain liable for any amounts due hereunder. If you wish to cancel your account, email Lukup at www.lukup.com.
THE SITE, APPLICATION, SERVICES AND CONTENT AND ALL MATERIALS, INFORMATION AND SOFTWARE INCLUDED IN OR AVAILABLE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. LUKUP AND ITS AFFILIATES DO NOT WARRANT THAT THE MATERIALS, INFORMATION AND SOFTWARE INCLUDED IN OR AVAILABLE THROUGH THIS SITE ARE ACCURATE, RELIABLE, OR CORRECT; LUKUP MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES.
LUKUP MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS, WILL OPERATE IN THE COMBINATIONS YOU MAY SELECT FOR EXECUTION OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS OR THE SITE APPLICATION, SERVICES OR CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE APPLICATION, SERVICES OR CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You understand that all information, data, or other materials that you or another user provide in connection with the Site or otherwise communicate to Lukup ("User-Provided Content"), including, but not limited to, product reviews and content posted to any user forums Lukup may make available, are the sole your responsibility or the person from whom such User-Provided Content originated. Lukup is not responsible for all User-Provided Content that you upload, post, email, transmit, or otherwise make available . We do not control the User-Provided Content posted and, as such, do not guarantee the accuracy, integrity, or quality of any User-Provided Content. You understand that by using the Site, you may be exposed to User-Provided Content that is misleading, offensive, indecent, or objectionable. Under no circumstances will Lukup be liable in any way for any User-Provided Content, including, but not limited to, for any errors or omissions in any User-Provided Content, or for any loss or damage of any kind incurred as a result of the publication or use of any User-Provided Content posted, emailed, transmitted, or otherwise made available in connection with the Lukup Websites.
By submitting any User-Provided Content to Lukup, you represent and warrant that:
? you own or control all rights to User-Provided Content you post on the Lukup Websites;
? all "moral rights" that you may have in such content have been voluntarily waived by you;
? you are at least 18 years old.
By uploading, posting, emailing, transmitting, or otherwise making available any User-Provided Content, you grant Lukup a perpetual, irrevocable, royalty-free, fully paid-up, transferable right and license to use, reproduce, display, perform, adapt, modify, delete in its entirety, publish, translate, create derivative works from, or distribute (or have distributed) such User-Provided Content and/or incorporate such User-Provided Content into any form, medium, or technology throughout the world without compensation to you, including but not limited to, in any unaffiliated third party content and in our or their publications, marketing material and advertisements. We / others, may, in our sole discretion, cite your name or other identification provided by you when posting User-Provided Content. As noted above, you represent and warrant that you own or otherwise control all rights in and to any such User-Provided Content, and that our publication and use of your User-Provided Content will not infringe or violate any third party rights.
All User-Provided Content that you submit may be used at Lukup's sole discretion. Lukup reserves the right to change, condense, delete, or refuse to post any User-Provided Content on the Lukup Websites in its sole discretion. Lukup does not guarantee that you will have any right to edit or delete any User-Provided Content submitted by you. None of the User-Provided Content that you submit shall be subject to any obligation of confidentiality and non ? disclosure on the part of Lukup, its agents, subsidiaries, affiliates, partners, or third-party service providers and their respective directors, officers, and employees.
You agree to indemnify, at our request defend, and hold Lukup, its officers, directors, employees and agents, harmless from and against any third party claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Application, Services or Content, or your violation of these Terms.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER LUKUP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LUKUP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL LUKUP'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO LUKUP FOR USE OF THE SITE, APPLICATION, SERVICES OR CONTENT, OR INDIAN RUPEES ONE THOUSAND (INR 1,000/-), IF YOU HAVE NOT PAID ANY AMOUNTS TO LUKUP, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LUKUP AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THAT CASE, LUKUP'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
All trademarks, service marks, logos, trade names and any other proprietary designs of Lukup used herein are trademarks or registered trademarks of Lukup. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Lukup reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services at any time and without prior notice; or to modify these Terms with notice to you on the Site or through the Service. We are under no obligation to provide the service continuously or at all. We will provide the then current version of these Terms at a link on the home page of the Site and will update it from time to time. By continuing to access or use the Site, Application or the Services after we have posted notice and a modification on the Site or through the Application, you are indicating that you agree to be bound by the modified Terms.
These Terms and any action related thereto will be governed by the laws of India without regard to its conflict of laws provisions. In the event of any claim or dispute against Lukup regarding the Terms, you agree to submit to the exclusive jurisdiction to the courts at Bengaluru, India.
These Terms constitute the entire and exclusive understanding and agreement between Lukup and you regarding the Site, Application, Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Lukup and you regarding the Site, Application, Services and Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Lukup's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Lukup may assign or transfer these Terms, 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.
All notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Lukup via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of Lukup to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Lukup. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact Lukup at www.lukup.com.