Terms of Use

Last updated on November 19, 2022

AGREEMENT TO TERMS ⁠

This agreement (“Agreement”) is entered into between you (“User” or “Users” or “You”) and Brahm Media Pvt Ltd (“we” or “us” or “our”), having its registered office at C-2/6 Safdarjung Development Area, New Delhi 110016, whereby User is agreeing to the terms and conditions of this Agreement, which will govern your use of the Platform, Athom Pictures, as well as any other media form, media channel, website or mobile application related, linked, or otherwise connected thereto (collectively, the “Platform”). Please note that by accessing or using the website, you agree to be bound by the Terms of Use.

Your access or use of the Platform is subject to the Terms and Conditions of use as set out herein (“Terms of Use”) and the Privacy Policy. If you do not agree to this Agreement, do not click “Continue” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this agreement at any time, you can do so by closing your account and no longer accessing or using our Services.

Supplemental terms and conditions or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about such changes via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Terms of Use. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Platform after the date such revised Terms of Use are posted.

The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

SERVICE

“Service" means the personalized service provided by [Name of the Platform] that offers, recommends and helps you discover digital movies, television shows and other audio and/or video content (collectively, "Digital Content") and other services as provided in this Agreement. Service may allow you to purchase Digital Content for pay-per-view viewing over a limited period of time and is subject to the limited license granted below.

The Platform is intended for users of legal age. Persons under the legal age are not permitted to use or register for the Platform. However, if law requires that you must be older in order for Platform to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.

The quality of the display of the Digital Content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all subscription plans allow you to receive content in all formats. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content.

USER REPRESENTATIONS

By using the Platform, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Platform through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Platform for any illegal or unauthorized purpose; and (7) your use of the Platform will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).

USER REGISTRATION

You may be required to register with the Platform. You agree to keep your password confidential and will be responsible for all use of your account and password. You confirm that the personal information provided by you is true. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

You are entirely responsible for any and all activities that occur under your account. You agree to notify us of any unauthorized use of your account or any breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account or your failure to comply with this section.

USAGE RULES

Ways to Watch: When you purchase any Digital Content, you may stream the video online through your web browser and compatible Internet-connected TVs, Blu-ray players, set-top-boxes, Fire tablets, and other compatible devices. You may stream up to [*] videos at the same time using the same account. You may stream the same video to no more than [*] devices at a time.

Viewing Period: You shall have access to the Digital Content until at least 24 hours following the conclusion of the initial exhibition of the pay-per-view event. The length of time you can continue to access the content following the initial exhibition of the event can be found on the detail page of each Digital Content.

LIMITED LICENSE TO DIGITAL CONTENT

Subject to payment of any charges to access Digital Content, and your compliance with all terms of this Agreement, [Entity owning the Platform] grants you a non-exclusive, non-transferable, non-sublicensable, limited license, during the applicable Viewing Period, to access and view the Digital Content in accordance with the Usage Rules, for personal, non-commercial, private use. We may automatically remove Digital Content from your Compatible Device after the end of its Viewing Period.

COMPATIBLE DEVICES

In order to stream or download Digital Content, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements that we establish from time to time ("Compatible Device"). Some Compatible Devices may be used only to stream Digital Content, some may be used only to download Digital Content, and some may be used to stream and download Digital Content. We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.

PROHIBITED ACTIVITIES

You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Platform, you agree:

a) To not retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

b) To not trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

c) To not sell, rent, lease, distribute, or broadcast any right to the Digital Content.

d) To not remove any proprietary notices or labels on the Digital Content.

e) To note attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used as part of the Service.

f) To not use the Service or Digital Content for any commercial or illegal purpose.

g) To not circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Digital Content or enforce limitations on the use of the Platform and/or the Content contained therein.

h) To not Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.

i) To not use any information obtained from the Platform in order to harass, abuse, or harm another person.

j) To not make improper use of our support services or submit false reports of abuse or misconduct.

k) To not use the Platform in a manner inconsistent with any applicable laws or regulations.

Any use of the Platform in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Platform.

EXPLICIT CONTENT

By using the Service, you may encounter content that may be offensive, indecent or objectionable; this content may or may not be identified as having explicit language or other attributes. Nevertheless, you agree to use the Service at your sole risk, and [Name of the Platform] has no liability to you for any content. Content types, genres, categories, and descriptions are provided for convenience, and [Name of the Platform] does not guarantee their accuracy.

COMMUNICATIONS

We may send you promotions or otherwise communicate with you electronically, which may include e-mail, push notification, and you hereby consent to receive those communications. These communications will be in accordance with our Privacy Policy. To stop receiving marketing communications from Us, update your preferences from your account.

USE OF PUBLIC FORUM

Certain sections or pages of the Platform contain provision for the users to post or upload comments, feedback, links, graphics, images, messages and other material ("User Content"), hereinafter referred to as "Public Forum". Through the Public Forum you can communicate with other users of the Platform.

You are entirely responsible for all the User Content that you upload, post, transmit or otherwise make available on the Public Forum. You understand that such User Content can be viewed by other users of the Platform and therefore you shall exercise due care to ensure that such User Content does not offend or abuse other users of the Platform. Platform does not control the User Content posted on the Public Forum and, as such, does not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Platform, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will Platform be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, transmitted or otherwise made available on the Platform.

When posting a review, you must comply with the following criteria: (1) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (2) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (3) your reviews should not contain references to illegal activity; (4) you shall not be affiliated with competitors if posting negative reviews; (5) you should not make any conclusions as to the legality of conduct; (6) you shall not post any false or misleading statements; and (7) you shall not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review on the Platform, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty free, assignable, and sublicensable license to reproduce, translate, display, transmit by any means, all content relating to reviews.

If you are found to be in non-compliance with the laws and regulations, these Terms of Use, or the Privacy Policy of the Platform, we may terminate your account/block your access to the Platform and we reserve the right to remove any of User Content that is non-compliant with these Terms of Use.

THIRD-PARTY WEBSITE AND CONTENT

The Platform may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Platform or any Third-Party Content posted on, available through, or installed from the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Platform and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware that these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Platform or relating to any applications you use or install from the Platform. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Platform, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Platform and any services provided on the Platform or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Platform, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers. We will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.

PLATFORM MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Platform for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and Digital Content that are excessive in size or are in any way burdensome to our systems; and (4) otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Platform is our proprietary property and all source code, databases, functionality, software, website design and layout and Digital Content on the Platform and the trademarks contained therein ( “Marks”) are owned or controlled by us or licensed to us, and are protected under the various intellectual property rights and competition laws of India. Except as expressly provided in these Terms of Use, no part of the Platform, Digital Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Any unauthorized use by the User of the Services and Digital Content provided under the Platform may violate copyright laws, trade mark laws as well as the laws of privacy and We are not responsible for the same. You shall promptly notify Us in writing upon your discovery of any unauthorized use or infringement of the Platform (or its contents) or its any intellectual property rights.

IP VIOLATIONS

We respect the intellectual property rights of others. If you believe that any material available on or through the Platform infringes upon any intellectual property right you own or control, please immediately notify us using the contact information provided below (“Notification”). A copy of your Notification will be sent to the relevant person. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Platform infringes your rights, you should consider first contacting a lawyer.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Platform. Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Platform (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the Platform or delete your account at any time, without warning, in our sole discretion, in case of violation of any applicable laws and regulations, Terms of Use and Privacy Policy.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Platform, including Digital Content, at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We also reserve the right to modify or discontinue all or part of the Platform with reasonable notice to the Users. We will not be liable to you or any third party for any modification, price change, suspension of the Platform.

We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and defined following the laws of India. [Name of Platform] and yourself irrevocably submit all disputes related to Terms or the relationship established by this Agreement to the exclusive jurisdiction of courts in New Delhi, India.

CORRECTIONS

There may be information on the Platform that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.

INTERNATIONAL USE

This Platform is controlled and operated from within India. We make no representation that the Platform is appropriate or available in locations outside of India. Those who choose to access the Platform from other locations do so at their own risk and are responsible for compliance with applicable laws.

DISCLAIMER

THE PLATFORM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE PLATFORM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

In no event will we, our authorized agents, subsidiaries or employees be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the platform, even if we have been advised of the possibility of such damages.

INDEMNIFICATION

You agree to defend, indemnify, and hold us, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your: (1) use of the Platform; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Platform with whom you connected via the Platform. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

SEVERABILITY

If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.

MISCELLANEOUS

These Terms of Use and any policies or operating rules, including but not limited to our Privacy Policy, posted by us on the Platform or in respect to the Platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Platform. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the Platform or its content or to receive further information regarding the use of the Platform, please contact our Grievance Officer.

Grievance Correspondence

admin@brahmmedia.com