NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY. THIS LICENSE IS A LEGAL "AGREEMENT" CONCERNING THE USE OF SOFTWARE BETWEEN YOU, THE END USER, EITHER INDIVIDUALLY OR AS AN AUTHORIZED REPRESENTATIVE OF THE COMPANY OBTAINING THE LICENSE, AND DIGIVIVE SERVICES PRIVATE LIMITED (here in referred to as ‘DIGIVIVE’). BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATION ON: USE, TRANSFERABILITY, WARRANTY AND LIABILITY. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THIS SOFTWARE.
1. DEFINITIONS. "Software" means (a) all of the content of the files, disk(s), CD-ROM(s), flash drivers, other storage devices, files downloaded via the internet, or other media with which this agreement is provided, including but not limited to
(i) DIGIVIVE or third party information or software;
(ii) digital images or analog images or video, stock photographs, clip art, sounds or other artistic works ("Stock Files");
(iii) related explanatory written materials or files ("Documentation"); and (b) modified versions, updates, additions, and copies of the Software, if any, licensed to you by DIGIVIVE.
"Use" or "Using" means to access, install, download or otherwise benefit from using the functionality of the Software in accordance with the Documentation.
"Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by DIGIVIVE, "Device" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
"DIGIVIVE" means a company, duly organized and validly existing under the laws of India, named as DIGIVIVE SERVICES PRIVATE LIMITED and having its registered office at D-7, Dhawandeep Apartments, 6, Jantar Mantar Road, New Delhi – 110001, India. As long as you comply with the terms of this End User License Agreement (the "Agreement"), DIGIVIVE grants to you a non-exclusive license to Use the Software for the purposes described in Documentation. Some third party materials included in the Software may be subject to other terms and conditions, which are typically found in a "About". By using the Software you are, without further act, bound by all such materials.
“nexG ACCOUNT” means an account created by You at the time of download of application and/or registration at the start of using the application.
2. CONDITIONS OF USE.(a) You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to DIGIVIVE that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
(b) If you are under the age of eighteen (18) as of the date of registration you must have your parent or legal guardian’s permission to register, use the Service or visit or use the Website in any manner.
(c) You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
2.1. General Use. You may install the Software on your Amazon TV Fire accessible television sets;
2.2. Links. The Software may contain links to other Web, RTSP, MMS, RSS and other sites operated by third parties. DIGIVIVE is not responsible for the content or the privacy practices of those third party sites.
2.3. DIGIVIVE makes no warranty or representation regarding, and accepts no responsibility for the content, quality, nature or reliability of third-party sites or services accessible by hyperlink from the Software. DIGIVIVE provides these links for your convenience only and DIGIVIVE does not control such Web sites. DIGIVIVE’s inclusion of links to such sites does not imply any endorsement of the materials on such third party sites or any association with their operators. It is your responsibility to review the privacy policies and terms of use of any other Web site you visit.
2.4. You are responsible for any additional data transmission charges that may apply; an unlimited data plan is recommended. In-order to monitor and improve the services quality, anonymous application usage statistics may be transmitted and retained by DIGIVIVE, and shared with other third party partners and your network service provider. This information is subjected to DIGIVIVE terms of use and privacy policies and will not be used by anyone to personally identify or contact you.
2.5. Submissions. You agree that any materials, including but not limited to text messages, suggestions, notes, drawings, ideas, questions, original or creative materials, plans, comments or other information, provided by you in the form of e-mail or other submissions to DIGIVIVE are non-confidential and you grant to DIGIVIVE a nonexclusive, perpetual, royalty-free, irrevocable, and fully sub licensable right to use, adapt, reproduce, modify, translate, publish, create derivative works from, distribute, and display such materials throughout the world in any media now known or hereafter developed with or without acknowledgment to you in DIGIVIVE sole discretion and without compensation to you. You also grant to DIGIVIVE the right to use your name in connection with the submitted materials and other information as well as in connection with all marketing, advertising and promotional material related thereto. DIGIVIVE has no obligation to use any submitted materials and may remove any such materials in its sole discretion.
2.6. All the information contained in the messages sent to you by DIGIVIVE representatives or authorized partners of DIGIVIVE is the property of DIGIVIVE and may not be published or shared in any way without the permission of the company.
3. INTELLECTUAL PROPERTY RIGHTS. The Software and any copies that you are authorized by DIGIVIVE to make are the intellectual property of and are owned by MEDIA MATRIX WORLDWIDE LIMITED. The structure, organization and code of the Software are the valuable trade secrets and confidential information of MEDIA MATRIX WORLDWIDE LIMITED. The Software is protected by copyright, including without limitation by Indian Copyright Law, international treaties provisions and applicable laws in the country in which it is being used. You may not copy the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. Except as expressly stated above, this Agreement does not grant you any intellectual property rights in the Software.
4. NO WARRANTY. The Software is being delivered to you "AS IS" and DIGIVIVE makes no warranty as to its use or performance. DIGIVIVE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE IN YOUR JURISDICTION, DIGIVIVE AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
5. LIMITATION OF LIABILITY. IN NO EVENT WILL DIGIVIVE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, DIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF DIGIVIVE REPRESENTATIVE HAS ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. DIGIVIVE AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. DIGIVIVE is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose.
6. LIFE ENDANGERING ACTIVITIES. NEITHER DIGIVIVE NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DAMAGES RESULTING FROM OR IN CONNECTION WITH THE USE OF SOFTWARE IN ANY APPLICATION WHERE THE FAILURE OR INACCURACY OF THE SOFTWARE MIGHT RESULT IN DEATH OR PERSONAL INJURY. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS DIGIVIVE AND ITS SUPPLIERS FROM ANY CLAIMS, LOSS, COST, DAMAGE, EXPENSE, OR LIABILITY, INCLUDING ATTORNEYS FEES AND AMOUNTS PAID IN SETTLEMENT, ARISING OUT OF OR IN CONNECTION WITH SUCH USE.
7. BY USING THE SOFTWARE, YOU AGREE THAT THE COMPANY MAY COLLECT, USE AND SHARE ANY AND ALL INFORMATION ABOUT YOUR USE OF THE SOFTWARE. The Company shall have the right to use such information for billing, maintenance, troubleshooting, marketing and other similar purposes.
8. GENERAL PROVISIONS. This Agreement contains the entire understanding between the parties relating to its subject matter and supersedes all prior or contemporaneous agreements, including but not limited to any purchase order terms and conditions, except valid license agreements related to the subject matter of this Agreement.
By using all or any portion of the software or accessing all or any portion of the service you accept all the terms and conditions of this Agreement. By clicking "I agree" where indicated below you enter into a legally binding contract between you and DIGIVIVE and agree to be legally bound by all of the terms and conditions of this agreement. DIGIVIVE may, in its sole discretion, modify or revise this Agreement at any time, and you agree to be bound by such modifications or revisions, you should periodically review the most up-to-date version
This Agreement shall be construed and governed by the laws of India.
Consent to Jurisdiction and Venue: The parties hereto agree that the competent court of jurisdiction in all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively through at New Delhi. COMPLIANCE WITH LICENSES. If you are a business or organization, you agree that upon request of DIGIVIVE or DIGIVIVE’s authorized agent, you will within thirty (30) days fully document and certify that Use of any and all DIGIVIVE’s Software at the time of the request is in conformity with your valid license obtained from DIGIVIVE.
9. If you have any questions regarding this agreement or if you wish to request any information from DIGIVIVE please use the address and the contact information included in this product to contact the DIGIVIVE
SUBSCRIPTION
1. Unless You Provide a valid Mobile Number/E-Mail ID (applicable as per your territory) at the time of Sign Up / Registration, the Service will not be activated.
2. DIGIVIVE reserves the right to reject any Sign Up / Registration without assigning any reason.
3. By accepting the terms and conditions, You acknowledge that You are fully informed about the Service, have read, understood and agree to be bound by all provisions of the 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 Contract.
4. Any breach of this section shall be grounds for termination by us of the 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 Contract, including without limitation, choosing a Package, accepting the Service and making the payment through any of the available charging options, You accept to be bound by the terms and conditions of this Contract.
6. International Use
As this app may be accessed globally, if you choose to access the app from locations other than India, you do so on your own initiative and you are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transmission of technical data exported from or imported to the country in which you reside. Notwithstanding the foregoing, DIGIVIVE makes no representation that material available on website are appropriate or available for use in locations outside India, as applicable, and accessing them from territories where their contents are illegal is prohibited. You acknowledge and agree that your use of DIGIVIVE is regulated by the laws of India and you shall be barred from taking any action against DIGIVIVE contrary to these terms and conditions.
CONDUCT
You agree that you will not use the app to:
(a) transmit spam, bulk or unsolicited communications;
(b) pretend to be DIGIVIVE SOFTWARE or someone else, or spoof DIGIVIVE SOFTWARE’S or someone else’s identity;
(c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services;
(d) misrepresent your affiliation with a person or entity;
(e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the app/website;
(f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operations, stalking, or making threats of harm;
(g) collect or store personal data about other users unless specifically authorised by such users.
TERM
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 DIGIVIVE. 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
PACKAGES
1. 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.
2. We reserve the right to change Packaging and introduce Base and Add On packages and/or offer channels on an a-la-carte basis.
3. 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.
APPLICATION DOWNLOAD AND INSTALLATION
1. nexGTv as an application has to be downloaded from Amazon Appstore by the user onto to his / her television set which shall have the valid and lawful access of Amazon Fire TV available on it (“Device”) and the downloaded files have to be installed in order to avail the services.
2. You need to have an Internet Connection to the Device for the download to begin and complete
3. We would not be responsible in case of any fluctuation in the Internet Connection speed leading to corrupt application file download.
4. At any given point of time, Your Device has to be connected to Internet to avail the services of nexGTv.
5. We shall not be responsible or liable to You for interruption, disruption, deactivation of Service after Installation on account of any force majeure event.
6. The Software product is compatible on selected Operating Systems (OS) and Devices.
7. We may, at our sole discretion, make bug fixes, updates for the installed application.
You may receive promotional E-Mailer from nexGTv.
VIOLATION OF AGREEMENT AND TERMINATION
If the nexGTv App is used in a way deemed by DIGIVIVE to violate this Agreement, DIGIVIVE or its agent may take any responsible actions they deem appropriate. Such action may include, but is not limited to, temporary or permanent removal of content, filtering of internet transmissions and the immediate suspension or termination of all or any portion of the Services. DIGIVIVE shall not be liable in any way for any such responsive actions. The above described actions are not DIGIVIVE exclusive remedies and DIGIVIVE may take any other legal, equitable or technical actions it deems appropriate.