Bollywood Videos, Bollywood Movie Trailers, Bollywood News

C REGISTERING WITH THE DESIMAD WEBSITE:

1 In order to participate and/or use the DESIMAD Website you would have to register with the DESIMAD Website so that you become a licensed registered user of the DESIMAD Website and hence agree to be governed and abide with the terms and conditions, privacy policy, code of conduct and/or the rules for participating in all or any activity or contests. You may sou moto become a licensed registered user of DESIMAD by registering yourself by opening an account with the DESIMAD website, or in the alternative you will be asked at the time of accessing certain features or web pages of the DESIMAD Website to create a DESIMAD account by registering yourself as a licensed registered user of the DESIMAD Website.

2 In order to become a licensed registered user of the DESIMAD Website you will first have to select a User Name and Password which shall permit you if registered to use the DESIMAD Website as a licensed registered user of the DESIMAD Website. FL shall have the sole discretion to grant and/or refuse the use of any User Name by you on any grounds including but not limited to its being fictitious or an impersonation of someone else, illegal, protected by a trademark, copyright or other legal proprietary right, vulgar, obscene or offensive in any way, or may cause confusion to other members registered and/or pending registration with FL. You on registration with the DESIMAD Website shall become a licensed registered user of the DESIMAD Website and the account made available to you shall be accessed and used by you by a User Name and Password. You agree not to provide or make known your Password to any other person for the purpose of facilitating such person's access and unauthorized use of the DESIMAD Website. Any distribution by you of your Password may result in the cancellation of your subscription with the DESIMAD Website without notice to you and in addition there may be penalties and/or charges that may be levied upon you based on the unauthorized use permitted by you. Further you shall ALONE be responsible for all activities that occur under your User Name and Password for the account permitted to be used and/or maintained by you on or with the DESIMAD Website and you will keep your password(s) confidential at all times. In the event of any unauthorised use of your password or account or any other breach of security you shall inform DESIMAD. You agree not to disrupt the functioning of the Service being provided by DESIMAD or solicit another user's password, or otherwise act in a way that interferes with other users' use of the Service. Nor may you post, submit, upload, publish and/or make available and/or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information on or through the DESIMAD Website.

3 By completing a registration for the DESIMAD Website, you certify that you meet these criteria and you also warrant that all information supplied by you in using the Services is current, truthful, and complete, including without limitation your name, email address, street address, telephone number, credit card number and all other information which is required. is also true and accurate. Failure to provide accurate information and timely update by you of any changes that may occur from time to time in the information that you have provided during your registration with this web site and your faliure in doing so may subject you to civil and criminal liabilities, penalties and non registeration with our web site without notice or intimation of any kind to you.

4 You at all times shall have ONLY ONE registration with DESIMAD Website unless a registration of yours has been deactivated, invalid, inoperative or otherwise the details of which you would have to disclose by you in writing while registering in the same name and or new identity failing to disclose such information shall make you liable not only to have your account deactivated but may also be liable to be prosecuted under the civil and criminal procedures of law.

5 In the event that you act in a manner contrary to the aforesaid provisions you may be liable to the cancellation of your account with DESIMAD Website and/or the license given to you shall be revoked and further all or any participation made by you on or through the DESIMAD Website shall be treated as null and void. Irrespective and without prejudice to what has been submitted you will have to indemnify FL and its subsidiaries, affiliates, officers, agents, and employees against any claim or demand, including reasonable attorneys' fees, related to any activity of yours which may give rise to such legal or other liability that may accrue onto them on account of your prohibited actions.

FL hereby grants you a license to access and use the DESIMAD Website and account as set forth in these Terms and Conditions which include :

1 You agree not to copy, transmit, transfer and/or distribute in any medium, mode or format any part of the DESIMAD Website, including but not limited to User Submissions (defined below), without FL's prior written authorization unless the same has been submitted, uploaded, posted and/or published by you on the DESIMAD Website.

2 You agree not to change, amend, alter or modify all or any part of the DESIMAD Website which includes but is not limited to all or any of the contents and/or any pages or contents thereof which shall include but not limited to DESIMAD's Embeddable Player or any of its related technologies, however this shall not apply to the content submitted, uploaded, posted and/or published by you on the DESIMAD Website.

3 You agree not to access and/or participate and/or copy User Submissions (defined below) or DESIMAD Content by and/or through any technology or means other than as provided by FL on the DESIMAD Website.

4 You agree not to use the DESIMAD Website, including the DESIMAD Embeddable Player for any commercial use, without the prior written authorization of FL. Prohibited commercial uses of the DESIMAD Embeddable Player and/or the content (including User Submissions) available on or through the DESIMAD Website shall include all or any of the following acts or actions taken without prior written approval of FL :

· sale of access to the DESIMAD Website or its related services (such as the DESIMAD Embeddable Player) on another website;

· use of the DESIMAD Website or its related services (such as the DESIMAD Embeddable Player), for the primary purpose of gaining advertising or subscription revenue;

· the sale and/or publishing of advertisements or place for advertisement, on the DESIMAD Website or any third-party website, targeted to the content of specific User Submissions or DESIMAD content;

· any use of the DESIMAD Website or its related services (such as the DESIMAD Embeddable player) that DESIMAD finds, in its sole discretion, to be using FL's resources or User Submissions on the DESIMAD Website, with the effect of competing with or displacing the market for DESIMAD, DESIMAD content or its User Submissions.

5 You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the DESIMAD servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, DESIMAD grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. FL reserves the right to revoke these exceptions either generally or in specific cases.

6 You agree not to collect or harvest any personally identifiable information, including account names, from the DESIMAD Website, nor to use the communication systems provided by the FL on the DESIMAD Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any of the licensed registered users of the DESIMAD Website.

7 You will otherwise comply with the terms and conditions of these Terms of Service, DESIMAD Community Guidelines, and all applicable local, national and international laws and regulations.

8 FL reserves the right to discontinue any feature and/or aspect of the services provided on the DESIMAD Website at any time and without any notice.

E INTELLECTUAL PROPERTY RIGHTS OF FL

1 The content on the DESIMAD Website contains various Intellectual Properties which include but are not limited to the trade marks, service marks, domain names and/or the copyright that subsists in all or any of the software provided on the DESIMAD Website which includes the embeddable player and/or in the designs, graphics, trademarks, service marks, logos, etc., all of which you are not permitted to use, copy in part or full unless specifically permitted by FL in writing and/or permitted by virtue of you being the licensed registered user of the DESIMAD Website. Further you are not permitted to adopt and/or use all or any of the Intellectual Property Rights of FL appearing on the DESIMAD Website which is used by you could be termed as being identical and/or deceptively similar thereto.

2 We at FL as stated herein do not subscribe and/or approve the act of infringement of the various rights of others in any work or creation of intellect. Hence in order to keep to our avowed practice of protecting and preventing the rights of others from being violated and/or infringed we request the owner and/or proprietor and/or his legal agent to bring to our notice any acts of violation and/or misuse and/or abuse of law and/or infringement of the rights by fulfilling all the criteria listed below failing which it would be difficult on our part to take appropriate and timely action.

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

FL designated Copyright Agent to receive notifications of claimed infringement you would need to send your emails to copyright@desimad.com .

F LIMITATION OF WARRANTIES & INDEMNIFICATION :

1 All contents including but not limited to the User Submissions, products and services made available on or through the DESIMAD Website or a linked site are provided to you "as is" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. FL does not endorse and is not responsible for (a) The accuracy or reliability of any opinion, advice or statement made on or through the DESIMAD Website or a linked site by any party other than FL , or (b) The capabilities or reliability of any product or service obtained from a linked site. Under no circumstances will FL be liable for any loss or damage caused by a user's reliance on information or content or service or product obtained from a linked site. It is the responsibility of the user to evaluate any inaccuracy, error, or delay in, or omission of (i) any such content, data, information, or message within the DESIMAD Website or (ii) the transmission or delivery of any such data, information, or message; or (b) any loss, expense, cost or damage arising from or occasioned by (i) any such inaccuracy, error, delay, or omission, (ii) non-performance, or (iii) interruption of any such data, information, or message, due either to any negligent act or omission by FL or any independent contractor engaged by it, or to any "force majeure" (i.e., flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications power failure, or equipment or software malfunction) or any other cause beyond the reasonable control of FL. Under no circumstances shall FL be responsible and/or liable for the accuracy, completeness or usefulness of any User Submission, opinion, advice or other content available through the DESIMAD Website and/or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service or other content.

2 The DESIMAD Website is provided AS IS and AS AVAILABLE, without warranty of any kind. You agree that FL, its affiliate, any independent contractor engaged by FL to assist in monitoring of the DESIMAD Website and the content providers, shall not be liable in any way and you agree to indemnify and hold harmless FL, its affiliates, any independent contractor engaged by FL to assist in monitoring the DESIMAD Website and the content providers, from any claim or demand, including reasonable attorneys' fees, made by any third party due to (a) You agree that FL, its affiliates and any of their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the site of a linked site, or with the delay or inability to use the site or a linked site, even if FL is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorised access, theft, operator errors, strikes or other labor problems or any force majeure. FL cannot and does not guarantee continuous, uninterrupted or secure access to the DESIMAD Website.

3 FL further reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the content available on any other Internet, Intranet and/or Extranet sites that may be linked and/or made available on or through the DESIMAD Website. Access, use and/or participation to any other linked site/s shall be done at your exclusive risk.

4 The content, information and opinions available on or through the DESIMAD Website provided by its licensed registered users and/or third parties, have been obtained from sources believed to be reliable, but accuracy and completeness cannot be guaranteed under any circumstances by FL. The information available on or through the DESIMAD Website is not intended to be used as the sole basis for your decisions, nor should it be construed as advice designed to meet the particular needs of an individual. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content. You also agree that under no circumstances shall FL be held responsible or liable, for any loss or damages caused or alleged to have been caused by participation and/or use of or reliance on any content, goods or services available on such hyper linked sites.

1 As a licensed registered user of the DESIMAD Website you have the privilege of being permitted and authorized by FL to upload, submit, post, transmit and/or publish different type of contents which may include but not limited to pictures, photographs, videos, software, links and text (which are herein referred to as User Submissions), which are subject to the terms and conditions stated herein.

2 You understand that the User Submissions submitted by you may or may not be made available and/or published on the DESIMAD Website and that FL does not and cannot guarantee the publication and/or the availability of all or any of the User Submissions in part or full on the DESIMAD Website.

3 It is understood, accepted and agreed by you that FL in no manner whatsoever assure and/or claim that the confidentiality of all or any part of the User Submissions made by shall be maintained by it.

4 You agree and accept that you shall solely be responsible and bare all the consequences of all the User Submissions posted, published, submitted and/or made available on the DESIMAD Website by using your account with DESIMAD Website. By posting, publishing, submitting and/or making available all or any User Submissions, in part or full, on the DESIMAD Website you affirm, represent, and/or warrant that you own or atleast have the legal right and/or authority and/or that you have and posses a valid license or consent or permission to use, reproduce and legally permit and authorize FL to use, commercially exploit and reproduce the User Submissions alongwith all the Intellectual Property Rights contained therein which shall include but not be limited to the trade marks, copyrights, patents, designs, know how, trade secrets and/or any other proprietary rights that may be contained in any part of the User Submissions and by virtue of you being owner and/or having the necessary legal authority or license or consent you expressly and irrevocably grant, permit, license/sub license and consent to the use, commercial exploitation and reproduction of the User Submissions posted, published, submitted and/or made available by you on the DESIMAD Website. It is expressly understood, accepted and agreed upon by you that FL has the express and irrevocable non-exclusive license, permission and/or right to archive the User Submissions made available by you in any manner on the DESIMAD Website and to be able to in any manner use, reproduce, market, commercially exploit, use for advertisement and/or propagate the User Submission for its benefit and that you shall not object in any manner whatsoever to the same once the User Submission is uploaded, submitted, posted, published and/or made available by you on the DESIMAD Website, even if the same is subsequently removed by you, however should you remove the User Submission on account of any violation of any law or as a requirement of any law then you shall be duty bound to inform FL in writing about the facts for removing the User Submission by you, as User Submissions in violation of the law shall be kept and treated by FL in a different separate manner.

5 It is being clarified that FL shall treat and consider that the User Submissions uploaded, submitted, posted, published and/or made available by you on the DESIMAD Website are your property and all the rights therein belong to you and/or have the legal rights as referred to in clauses above herein. It is also being clarified that you shall at all times retain the right of ownership in the User Submissions and that FL shall have the limited right therein as agreed upon by on the acceptance of these terms and conditions by you. However, by submitting User Submissions to DESIMAD, you hereby grant DESIMAD a worldwide, non-exclusive, royalty-free, sub licensable and transferable license to use, exploit, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the DESIMAD Website and DESIMAD's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the DESIMAD Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the DESIMAD Website a non-exclusive license to access your User Submissions through the DESIMAD Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the DESIMAD Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the DESIMAD Service. You understand and agree, however, that DESIMAD may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted unless required by law and/or for purpose of security. All the licenses and permissions granted by you in User Comments are perpetual and irrevocable.

6 In connection with User Submissions, you further agree and undertake that you will not submit, post, publish and/or make available on the DESIMAD Website, through your account material that does not belong to you and/or you do not own the same and/or the Intellectual Property Rights therein would be violated by you on its use or reproduction.

7 FL does not endorse, approve and/or subscribe to any User Submissions or any opinion, recommendation, or advice expressed therein, and FL expressly disclaims any and all liability in connection with User Submissions. FL does not support nor permit the infringement of anyone's Intellectual Property Rights on its Website and hence has reserved the discretionary right to remove all or any content or User Submissions from the DESIMAD Website if the same is deemed to be a violation of any law for the time being in force and/or is found to be not in the spirit of the DESIMAD Website and/or is a violation of all or any of the terms and conditions herein including the violation of the Intellectual Property Rights of other. It is agreed by you that in the event that it is bought to the notice of FL in an appropriate and/or legal manner that the User Submission submitted by you violates and/or infringes the Intellectual Property Rights of others then FL shall have the right to with immediate effect remove and/or block the User Submissions from its Website temporarily and/or permanently without giving prior notice and may thereafter proceed legally against you.

8 You agree not to in any manner circumvent, disable or otherwise interfere with all or any of the security-related features of the DESIMAD Website and/or to prevent or restrict and/or enforce any limitation to the viewing, use and/or or copying of all or any part of the Content or pages or features that are made available on or through the DESIMAD Website

9 You understand that when using the DESIMAD Website, you will be exposed to User Submissions from a variety of sources, and that FL is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against DESIMAD with respect thereto, and agree to indemnify and hold FL, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the DESIMAD Website.

10 FL does guarantee the accuracy, authencity, completeness and/or genuineness of the User Submissions provide on or through DESIMAD Website by its registered users. The information provided in the User Submissions is not intended to be used as the sole basis for decisions, nor should it be construed as advice designed to meet the particular needs of an individual. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content. You also agree that under no circumstances shall FL be held responsible or liable, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on such hyper linked sites.

H You may access User Submissions solely:

· for your information and personal use;

· as intended through the normal functionality of the DESIMAD Website; and

· for Streaming.

"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the DESIMAD Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."

I USER COMMENTS

1 User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the DESIMAD Website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded or otherwise exploited in any manner which is not anticipated and/or intended by the normal functionality of the DESIMAD Website or otherwise as prohibited under this Agreement and/or the law.

2 You agree that you shall not use, exploit and/or engage in the acts of copying, transferring, transmitting and/or distributing in any manner all or any of the Contents including User Submissions available on the DESIMAD Website for any commercial purposes in any manner other that as expressly authorized and permitted by DESIMAD herein.

J ACCOUNT TERMINATION POLICY

1 FL reserves the right to at anytime terminate the access and/or use of the DESIMAD Website to anyone who it deems to be in violation of the terms and conditions contained herein and/or is found to be under appropriate circumstances to be a repeat infringer.

2 FL reserves the exclusive right to decide whether any Content or User Submission in part or in whole is appropriate and/or inappropriate and/or is in compliance with these Terms of Service and/or in violation of all or any law for the time being in force and/or is or can be regarded as obscene, pornography and/or defamatory in nature and/or length of the same is in excess of that which is permitted by FL from time to time and should the User Submission be in violation of these terms then FL can stop, prevent, restrict and/or deny access to you for uploading, submitting, posting, publishing and/or making available such material or links and such action shall be taken by FL without giving prior notice.

1 IN NO EVENT SHALL FL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DESIMAD WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

2 YOU SPECIFICALLY ACKNOWLEDGE THAT FL SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

3 FL makes no representations that the DESIMAD Website is appropriate or available for use in other locations other than in India. Those who access or use the DESIMAD Website from other jurisdictions do so at their own volition and are responsible for compliance with local laws

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FL without restriction.

You agree that: (i) the DESIMAD Website shall be deemed solely based in Mumbai, India; and (ii) the DESIMAD Website shall be deemed a passive website that does not give rise to personal jurisdiction over DESIMAD, either specific or general, in jurisdictions other than Mumbai, India. Any claim or dispute between you and FL that arises in whole or in part from the DESIMAD Website shall be decided exclusively by a court of competent jurisdiction located in Mumbai, India. These Terms of Service, together with the Privacy Notice at http://www.desimad.com/privacy and any other legal notices published on the DESIMAD Website, shall constitute the entire agreement between you and FL concerning the DESIMAD Website. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and FL's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. FL reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the DESIMAD Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND DESIMAD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE DESIMAD WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.