Terms & Conditions
These Terms and Conditions shall constitute an agreement between CAMERA IN ACTION and each user. By accepting and availing the Offer, the user accepts these Terms & Conditions as binding upon him/her.
This offer is non-negotiable and non-binding. This offer is valid in India only and not in conjunction with any other offers made by CAMERA IN ACTION. The interpretation and implementation of the Terms and Conditions shall be at the sole discretion of CAMERA IN ACTION. This offer is not redeemable for cash or credit and cannot be exchanged for any other product or service and has no residual value. Apart from these Terms & Conditions, the user will also be bound by the Terms of Use, Privacy Policy, or any such specific terms and conditions as provided by CAMERA IN ACTION on their platform for using their services. To the extent permitted by law, CAMERA IN ACTION or its representatives, employees, directors, officers or agents shall not be liable for any loss suffered or sustained to person or property including, but not limited to, consequential (including economic) loss because of any act or omission, deliberate or negligent on the part of CAMERA IN ACTION or its representatives, employees, directors, officers or agents.
CAMERA IN ACTION reserves the right at any time and from time to time to modify/clarify or discontinue, temporarily or permanently, this Offer with or without prior notice due to reasons outside its control or otherwise (including, without limitation, in the case of anticipated, suspected or actual fraud). CAMERA IN ACTION reserves the right to add or delete any of the Terms and Conditions at any point of time at its sole discretion without serving any prior intimation to the users. The invalidity or unenforceability of any part of the Terms and Conditions shall not prejudice or affect the remaining parts of the Terms and Conditions to the extent that it is severable. CAMERA IN ACTION shall not be responsible and/or liable in any manner whatsoever in case of any failed transaction as part of this offer not liable for any failure relating to technical, hardware, software, server, website, or other issues of any kind to the extent that these may prevent the user from participating in this offer.
Legal Disclaimer
This offer is governed by the laws of India and any disputes arising out of or in connection with this Offer will be subject to the exclusive jurisdiction of the courts at Delhi. All terms and conditions related to the CAMERA IN ACTION service shall be as per the Terms of Use available on the CAMERA IN ACTION platform.
DEFINITIONS
Certain words in these TERMS have a specific meaning and are explained below for YOUR easy understanding:
‘Application’ means the CAMERA IN ACTION application owned by DIGITAL ZERO INDIA PRIVATE LIMITED to provide the Content on Devices, which is available on various platforms such as iOS, android and supported web browsers, etc. 'Content' means all text, graphics, images, music, software, audio, video, information or any other materials available on CAMERA IN ACTION. 'Devices' means any internet-enabled devices like smartphones, tablets, laptops, desktops, etc., which are compatible with and have access to the Internet. 'CAMERA IN ACTION' means CAMERA IN ACTION website, www.camera inaction.com, CAMERA IN ACTION mobile web, and any other future variations or domain, Application and any present and future means and modes to offer Services. 'Internet' shall mean the system making use of the TCP/IP software protocols known as the internet or the worldwide web whatever the communications links may be which connects the user (including by way of fixed, mobile, DSL, ISDN, UMTS WiMax, or other broadband links), including any developments in such protocols or any other protocols which may be developed and give equivalent, reduced or enhanced functionality compared with such protocols. 'Package' means a combination of one or multiple packages, video on demand, TV shows, movies, music, or any other Information or entertainment-based content priced at a specific amount decided by DIGITAL ZERO INDIA PRIVATE LIMITED at its sole discretion.
ELIGIBILITY
Unless otherwise specified, CAMERA IN ACTION is available for individuals who have attained the age of majority in their jurisdiction. In the case of India, this service is restricted to Users who are aged 18 years or older. If You are under the relevant age of majority in Your jurisdiction, You may only access the site and the Services only under applicable law which enables a minor in your jurisdiction to access such a service. In India, by browsing or downloading and/or installing and/or using the CAMERA IN ACTION, YOU represent and warrant that YOU are 18 years of age or older, and in case YOU are less than 18 years of age, YOU have taken consent of YOUR parent or guardian.
SOME CONTENT OFFERED ON THE SITE MAY NOT BE SUITABLE FOR SOME VIEWERS, AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE SITE MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THIS WEBSITE. Your access to and use of the Services is subject to these Terms of Use, Privacy Policy, and all applicable laws, rules, and regulations.
YOUR RESPONSIBILITIES
You will be solely responsible for obtaining and maintaining the Device and Internet connection needed to access and use CAMERA IN ACTION and paying for all such charges in relation thereto.
CAMERA IN ACTION is compatible with selected operating systems and specific versions and Device(s). The download procedure of the Application shall be subject to the process specified by the operating system of YOUR Device(s). YOU need to have a Device connected to the Internet to download CAMERA IN ACTION to begin and complete. DIGITAL ZERO INDIA PRIVATE LIMITED shall not be responsible in case of any fluctuation in the Internet connection speed leading to corruption of Application file download or any delayed or defective download of the Application on Your Device(s). DIGITAL ZERO INDIA PRIVATE LIMITED shall not be responsible or liable to YOU for the interruption, disruption, deactivation of CAMERA IN ACTION on account of any Force Majeure Event. For these Terms of Use, “Force Majeure Event” shall mean any event beyond the reasonable control of DIGITAL ZERO INDIA PRIVATE LIMITED, including but not limited to act of God, any act or omission of government or quasi-government agencies, or lockout, strike, curfew, technical errors, etc. DIGITAL ZERO INDIA PRIVATE LIMITED may, at its sole discretion, make bug fixes, updates for the installed Application. In the event DIGITAL ZERO INDIA PRIVATE LIMITED has upgraded the Application or any features thereof, You will be required to update Your Device to make the Device compatible with such upgrades. DIGITAL ZERO INDIA PRIVATE LIMITED shall not be responsible or liable to YOU in the event You are unable to access CAMERA IN ACTION or view the Content on CAMERA IN ACTION due to Your failure to upgrade Your Device.
The Content contained or available on CAMERA IN ACTION is protected by copyright, trademark, patent, trade secret, and other laws and shall be used as provided in these Terms of Use, without written permission of DIGITAL ZERO INDIA PRIVATE LIMITED.
REGISTERED USERS
YOU may register YOURSELF as a user of CAMERA IN ACTION and become a registered user of the CAMERA IN ACTION platform ("Registered User"). During the registration process, YOU, as a Registered User, are required to create a user name (by using YOUR mobile number) and password.
As a Registered User, YOU agree to provide accurate, current, and complete information during the registration process and update such information to keep it accurate, current and complete. DIGITAL ZERO INDIA PRIVATE LIMITED reserves the right to suspend or terminate YOUR registration as a Registered User without assigning any reason (including the provision of inaccurate, not current, or incomplete information during the registration process or thereafter). As a Registered User, YOU shall be responsible for safeguarding YOUR password and for all transactions undertaken using YOUR Username and password. YOU agree not to disclose YOUR password to any third party and take sole responsibility for any activities or actions under YOUR account, whether or not YOU have authorized such activities or actions. It is YOUR sole responsibility to change YOUR password immediately if YOU believe that YOUR password has been compromised. DIGITAL ZERO INDIA PRIVATE LIMITED will not be responsible for any financial loss, inconvenience, or mental agony resulting from the misuse of YOUR Username and password in any circumstances.
SUBSCRIPTION SERVICES
Some of the Content is only available to users who avail of the Subscription Packages. Any Registered User can avail of the Subscription Package ("Subscription User"). As a Subscription User, You will be required to subscribe to Subscription Packages made available by DIGITAL ZERO INDIA PRIVATE LIMITED from time to time. The subscription to Subscription Packages may be subject to additional terms specified by DIGITAL ZERO INDIA PRIVATE LIMITED. Depending on packages and/or value-added services and the term of the proposed subscription, YOU will be required to make online payments through YOUR credit card or debit card or net banking account or cash card or via any other mode made available for making payments through mediums as authorized in YOUR territory and as provided by DIGITAL ZERO INDIA PRIVATE LIMITED for accessing and browsing CAMERA IN ACTION. The facility for online payments through credit cards or debit cards or net banking account or cash card or any other mode is available for selected credit cards, debit cards, net banking accounts, and cash cards only. If YOU wish to avail the CAMERA IN ACTION after the expiry of the initial term of Subscribed Packages, YOU shall prior to the expiry of such term, recharge YOUR account with the then prevailing subscription charges.
DIGITAL ZERO INDIA PRIVATE LIMITED reserves the right to modify or discontinue CAMERA IN ACTION at its sole discretion with or without notice to YOU. DIGITAL ZERO INDIA PRIVATE LIMITED shall not be liable to YOU or any third party in any manner, should DIGITAL ZERO INDIA PRIVATE LIMITED exercise its right to modify or discontinue the CAMERA IN ACTION. Further, DIGITAL ZERO INDIA PRIVATE LIMITED reserves the right, at any time, with or without notice and without any liability to:
(i) replace or otherwise withdraw Subscription Packages or Content,
(ii) change or reduce the number of hours of any Content
(iii) blackout any Content and
(iv) modify the prices for Subscription Packages or any part of CAMERA IN ACTION service.
Further, DIGITAL ZERO INDIA PRIVATE LIMITED reserves the right to change packaging and introduce base and add on packages, and/or offer channels on an a-la-carte basis. YOU acknowledge and agree that the Content provided by DIGITAL ZERO INDIA PRIVATE LIMITED as part of CAMERA IN ACTION is being supplied by third parties and availability of such Content is outside DIGITAL ZERO INDIA PRIVATE LIMITED’s control and can be removed anytime. Additionally, DIGITAL ZERO INDIA PRIVATE LIMITED shall have the right, but not the obligation, to refrain from providing YOU with any Content in the interest of national security or the event of emergency/war or similar situation or if the Content is anti-national, promotes political/religious propaganda, is against public policy, is banned or restricted from being distributed under any applicable law or DIGITAL ZERO INDIA PRIVATE LIMITED otherwise determine that it is objectionable or obscene or is derogatory to any person or class of persons, hurts the religious sentiments of any religious group or infringes the privacy rights of any individual(s) or is not in the interest of DIGITAL ZERO INDIA PRIVATE LIMITED’s subscribers or the general public.
In a credit card and/or debit card and/or net banking and/or cash card transaction and/or any other mode available, YOU must use YOUR credit card and/or debit card and/or net banking account and/or cash card. YOU confirm and acknowledge that YOU are aware of the fact that when making any online payment through credit card or debit card or net banking account or cash card or via any other mode available, YOU may be directed to an external payment gateway page. The payment gateway may redirect YOU to another website(s) maintained or controlled by third parties, and DIGITAL ZERO INDIA PRIVATE LIMITED does not control such third-party website(s) and hence are not responsible for any transactions on such website(s). DIGITAL ZERO INDIA PRIVATE LIMITED will not be liable for any credit card or debit card or net banking or cash card fraud, and DIGITAL ZERO INDIA PRIVATE LIMITED will not entertain or address any such grievances or issues. YOU are requested to communicate all grievances related to such issues to YOUR bank or mobile carrier/operator or mobile wallet provider who has issued such credit card or debit card or net banking account or cash card. DIGITAL ZERO INDIA PRIVATE LIMITED shall not be responsible for all or any dispute or difference relating to online payment made by YOU through credit card or debit card or net banking account or cash card or via any other mode available. Further, DIGITAL ZERO INDIA PRIVATE LIMITED will not be responsible for any financial loss, inconvenience, or mental agony resulting from the misuse of YOUR credit card or debit card or net banking account number or cash card and other details. Payments once made by credit card or debit card or net banking or cash cards or via any other mode available shall not be refunded in any circumstances. You are hereby, advised to keep details of your credit/debit card and net banking confidential and do not share any such details with any other third party.
CAMERA IN ACTION is available in selected countries only. DIGITAL ZERO INDIA PRIVATE LIMITED would not be held responsible for hindrances in the access and use of CAMERA IN ACTION due to geographical change in YOUR location. Further, YOU will be solely liable for accessing and using CAMERA IN ACTION in the countries of YOUR use.
CAMERA IN ACTION shall have the discretion to make certain or all Content that is a part of the Subscription available to You on either one or the limited number of end-user devices concurrently.
OWNERSHIP
The Content on CAMERA IN ACTION and the "CAMERA IN ACTION" word mark and the “CAMERA IN ACTION” design mark, as well as certain other of the names, logos, and materials displayed on or through CAMERA IN ACTION that constitute trademarks, trade-names, service marks or logos ("Marks") are owned by or licensed to DIGITAL ZERO INDIA PRIVATE LIMITED and are subjected to copyright, trademark, and other intellectual property rights under Indian laws. YOU agree not to reproduce, duplicate, copy, download, stream capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit for any purposes the CAMERA IN ACTION or any portion of the CAMERA IN ACTION, including, without limitation, the Content, and the Marks, except as authorized by these TERMS or as otherwise authorized in writing by DIGITAL ZERO INDIA PRIVATE LIMITED. In addition, YOU are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based on in any way the Content and the Marks, including montages, mash-ups, and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, except as authorized by these TERMS or as otherwise authorized in writing by DIGITAL ZERO INDIA PRIVATE LIMITED. You must abide by all copyright notices, information, and restrictions contained in or associated with any Content. You must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure (including, without limitation, geo-filtering and/or encryption) associated with the Content.
You, hereby, agree that all intellectual property rights, title, and interest in the user-generated content published or generated on CAMERA IN ACTION by You shall vest with DIGITAL ZERO INDIA PRIVATE LIMITED.
RESTRICTIONS
a. It is hereby clarified that CAMERA IN ACTION is provided for YOUR personal, non-commercial use only. You agree not to, either directly or through the use of any device, software, web-based service, or by other means, copy, download, archive, perform, display, upload, publish, transmit or retransmit the Content or create any work or material that is derived from or based on the Content, rent, lease, duplicate, sublicense, assign, pledge, loan, or resell the Content of CAMERA IN ACTION. YOU shall not translate, reverse engineer, decompile, and disassemble CAMERA IN ACTION. YOU shall only use the CAMERA IN ACTION on a Device that is under YOUR exclusive control and ownership. YOU shall not permit any third party to benefit from the use or functionality of CAMERA IN ACTION, either directly or via any facility management, timesharing, service bureau, or any other arrangement. If YOU transfer possession of any copy of CAMERA IN ACTION to another party, YOUR subscription of CAMERA IN ACTION shall automatically get terminated. All rights not expressly set forth hereunder are reserved exclusively by DIGITAL ZERO INDIA PRIVATE LIMITED.
b. You are prohibited from using technology or other means to access, index, frame, or link CAMERA IN ACTION, in whole or in part that is not authorized by DIGITAL ZERO INDIA PRIVATE LIMITED;
c. You hereby agree not to use CAMERA IN ACTION for promoting services of competitors of DIGITAL ZERO INDIA PRIVATE LIMITED;
d. You hereby expressly agree to use CAMERA IN ACTION in strict compliance with applicable laws;
e. You agree, undertake and confirm that your use of CAMERA IN ACTION shall be strictly governed by the following binding principles:
f. You shall not host, display, upload, modify, publish, transmit, update or share any information that:
i. belongs to another person and to which You do not have any right to, or interferes with another user’s use and enjoyment of CAMERA IN ACTION
ii. that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986, of another person;
iii. Misleading in any way; or
iv. is patently offensive to the online community, such as content that promotes pedophilia, racism, bigotry, or physical harm of any kind against any group or individual;
v. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"
vi. infringes upon intellectual property rights of the third party or violates rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address, or phone number) or rights of publicity
vii. contains restricted or password-only access pages, or hidden pages or images
viii. provides material that exploits people in a violent or otherwise inappropriate manner or solicits personal information from anyone
ix. provides instructional information about illegal activities such as making or buying illegal weapons or providing or creating computer viruses
x. contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his/her guardian in the case of a minor
xi. engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising, etc. Throughout these Terms of Use, Our "prior written consent" means a communication coming from Our authorized representative, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization
xii. harm minors in any way
xiii. violates any law for the time being in force
xiv. threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting to any other nation
g. You shall not use any "deep-link", "page-scrape", "robot", "spider" or another automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of CAMERA IN ACTION or any Content, or in any way reproduce or circumvent the navigational structure or presentation of CAMERA IN ACTION or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through CAMERA IN ACTION. We reserve the right to bar any such activity.
h. You shall not probe, scan or test the vulnerability of the CAMERA IN ACTION website or any network neither connected to CAMERA IN ACTION nor breaches the security or authentication measures on CAMERA IN ACTION or any network connected to CAMERA IN ACTION. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to CAMERA IN ACTION to its source.
i. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of CAMERA IN ACTION or any systems or networks connected to CAMERA IN ACTION.
j. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through CAMERA IN ACTION or any service offered on or through CAMERA IN ACTION. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
k. You shall not engage in advertising to, or solicitation of, other users of CAMERA IN ACTION to buy or sell any products or services, including, but not limited to, services being displayed on or related to CAMERA IN ACTION.
l. Your correspondence or business dealings with, or participation in promotions of, third-party advertisers found on or through CAMERA IN ACTION, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such third party advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party advertisers on CAMERA IN ACTION. YOU acknowledge and agree that DIGITAL ZERO INDIA PRIVATE LIMITED 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 DIGITAL ZERO INDIA PRIVATE LIMITED 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.
m. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on CAMERA IN ACTION and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You on the public forum due to Your use of CAMERA IN ACTION, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses but by browsing/using CAMERA IN ACTION, You acknowledge and agree that We shall not responsible for the use of any personal information that You publicly disclose or share with others on CAMERA IN ACTION. Please carefully select the type of information that You publicly disclose or share with others on CAMERA IN ACTION.
TERMINATION
YOUR (User, Registered User, or Subscription User) right to use CAMERA IN ACTION shall automatically terminate if YOU violate these Terms of Use or any terms, rules, or guidelines published in connection with CAMERA IN ACTION. DIGITAL ZERO INDIA PRIVATE LIMITED reserves the right, in its sole discretion, to suspend or terminate YOUR access to all or any part of CAMERA IN ACTION, for any reason, with or without notice.
As a Subscription User, YOUR right to use CAMERA IN ACTION shall automatically terminate on the expiry of the term of the Subscription Package. You may discontinue your participation in and access to CAMERA IN ACTION at any time. YOU agreed that upon suspension or termination, no amount shall be refunded to YOU by DIGITAL ZERO INDIA PRIVATE LIMITED.
FEEDBACK
DIGITAL ZERO INDIA PRIVATE LIMITED welcomes and encourages YOU to provide feedback, comments, and suggestions for improvements to CAMERA IN ACTION ("Feedback"). YOU may submit Feedback by emailing us at [email protected]. YOU acknowledge and agree that all Feedback will be the sole and exclusive property of DIGITAL ZERO INDIA PRIVATE LIMITED and YOU hereby irrevocably assign to DIGITAL ZERO INDIA PRIVATE LIMITED all of YOUR right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At DIGITAL ZERO INDIA PRIVATE LIMITED’s request and expense, YOU will execute documents and take such further acts as DIGITAL ZERO INDIA PRIVATE LIMITED may reasonably request to assist DIGITAL ZERO INDIA PRIVATE LIMITED to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback. You further acknowledge and agree that DIGITAL ZERO INDIA PRIVATE LIMITED shall not be under an obligation to take any action pursuant to the Feedback provided by You. DIGITAL ZERO INDIA PRIVATE LIMITED may, at its sole discretion, decide whether any action is required to be taken based on the Feedback received from You. You hereby expressly agree to indemnify and keep DIGITAL ZERO INDIA PRIVATE LIMITED harmless against any liabilities that may be suffered or incurred by DIGITAL ZERO INDIA PRIVATE LIMITED as a consequence of any action taken by DIGITAL ZERO INDIA PRIVATE LIMITED pursuant to Your Feedback.
WARRANTY DISCLAIMER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW OF INDIA, A CAMERA IN ACTION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME SOLE RISK AND RESPONSIBILITY FOR SELECTING THE CAMERA IN ACTION TO ACHIEVE YOUR INTENDED RESULTS, AND SOLE RESPONSIBILITY FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE CAMERA IN ACTION. WITHOUT LIMITING THE FOREGOING PROVISIONS, DIGITAL ZERO INDIA PRIVATE LIMITED MAKES NO WARRANTY THAT THE CAMERA IN ACTION WILL BE ERROR-FREE, VIRUS-FREE, OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE CAMERA IN ACTION WILL SATISFY YOUR SPECIFIC REQUIREMENTS OR THAT THE ERRORS WILL BE RECTIFIED. YOU UNDERSTAND THAT THE CAMERA IN ACTION CAN BE BLOCKED OR MADE INOPERABLE AND DIGITAL ZERO INDIA PRIVATE LIMITED ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE SAME. CAMERA IN ACTION IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING WITHOUT LIMITATION, IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, DIRECT LIFE-SUPPORT MACHINES, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF CAMERA IN ACTION NETWORK COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE (COLLECTIVELY, "HIGH-RISK ACTIVITIES"). DIGITAL ZERO INDIA PRIVATE LIMITED EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH-RISK ACTIVITIES.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS DIGITAL ZERO INDIA PRIVATE LIMITED, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AND AGENTS (“INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) THAT SUCH INDEMNIFIED PARTIES MAY INCUR AS A RESULT OF OR ARISING FROM
(A) ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, YOUR USER GENERATED CONTENT, FEEDBACK, OR ANY OTHER CONTENT) YOU (OR ANYONE USING YOUR ACCOUNT) SUBMIT, POST, OR TRANSMIT ON OR THROUGH CAMERA IN ACTION
(B) YOUR (OR ANYONE USING YOUR ACCOUNT) USE OF THE CAMERA IN ACTION
(C) YOUR (OR ANYONE USING YOUR ACCOUNT) VIOLATION OF THESE TERMS OR
(D) YOUR (OR ANYONE USING YOUR ACCOUNT) VIOLATION OF ANY RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET OR OTHER PROPRIETARY RIGHTS OF ANY PERSON OR ENTITY. DIGITAL ZERO INDIA PRIVATE LIMITED RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH DIGITAL ZERO INDIA PRIVATE LIMITED IN ASSERTING ANY AVAILABLE DEFENSES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL DIGITAL ZERO INDIA PRIVATE LIMITED BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, REMOTE OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING A DUTY OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE (WHETHER ACTIVE OR PASSIVE), AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE CAMERA IN ACTION, LOSS OF DATA OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE, AND GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY DIGITAL ZERO INDIA PRIVATE LIMITED , AND EVEN IF DIGITAL ZERO INDIA PRIVATE LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DIGITAL ZERO INDIA PRIVATE LIMITED BE LIABLE FOR ANY DAMAGES IN EXCESS OF YOUR LAST RECHARGE AMOUNT FOR THE CAMERA IN ACTION. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
INTERNATIONAL USE
DIGITAL ZERO INDIA PRIVATE LIMITED is a company based in India. DIGITAL ZERO INDIA PRIVATE LIMITED’s goal is to bring to YOU as much Content as is legally available. That said, DIGITAL ZERO INDIA PRIVATE LIMITED is limited by the rights that DIGITAL ZERO INDIA PRIVATE LIMITED’s content licensors grant to DIGITAL ZERO INDIA PRIVATE LIMITED. Using technologies to access the Content from territories where DIGITAL ZERO INDIA PRIVATE LIMITED does not have rights or does not offer services is prohibited. By browsing or using CAMERA IN ACTION, YOU hereby acknowledge that DIGITAL ZERO INDIA PRIVATE LIMITED is not responsible or liable in any manner to comply with any local laws of Your territory except India with respect to CAMERA IN ACTION. Further, YOU hereby agree that by the usage of CAMERA IN ACTION, YOU undertake the responsibility and liability with respect to viewing the Content of CAMERA IN ACTION in YOUR territory.
PRIVACY POLICY
All information provided by You or collected by us shall be governed in accordance with the Privacy Policy located at www.camerainaction.com/privacypolicy
REFUND POLICY
The User shall make a booking fee for audition and casting to retain the Studio to perform the services specified in the contract. All the payment obligations shall not be cancellable and all payments made by the User shall not be refundable for any reason whatsoever.
RELATIONSHIP
The relationship between DIGITAL ZERO INDIA PRIVATE LIMITED and You is on a principal-to-principal basis. You are in no way DIGITAL ZERO INDIA PRIVATE LIMITED’s legal representative, partner, or agent for any reason whatsoever.
EXPORT LAWS
YOU agree to comply fully with all Indian export laws and regulations to ensure that CAMERA IN ACTION are not exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by such laws and regulations.
CONFIDENTIALITY
YOU agree that CAMERA IN ACTION, including, but not limited to, the object code components, provided to YOU is "Confidential Information" of DIGITAL ZERO INDIA PRIVATE LIMITED. YOU shall retain all Confidential Information in strict confidence at least with the same amount of diligence that YOU exercise in preserving the secrecy of YOUR most-valuable information but in no event less than reasonable diligence.
ASSIGNMENT
These TERMS are personal to YOU and YOU shall not assign, transfer, sub-contract, or otherwise part with these TERMS or any right or obligation under it without DIGITAL ZERO INDIA PRIVATE LIMITED`s prior written consent. Any attempt by YOU to assign or transfer these TERMS, without such written consent, will be null and of no effect. DIGITAL ZERO INDIA PRIVATE LIMITED may assign or transfer these TERMS to any third party, 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.
SEVERABILITY
If any provision of these TERMS is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby.
WAIVER
The failure of DIGITAL ZERO INDIA PRIVATE LIMITED to enforce or to exercise at any time or for any period any term of or any right under these Terms of Use shall not be construed as a waiver of any such right and shall in no way affect DIGITAL ZERO INDIA PRIVATE LIMITED’s right later to enforce or exercise it.
ELECTRONIC COMMUNICATION
When You use or send any data, information, or communication to DIGITAL ZERO INDIA PRIVATE LIMITED, You agree and understand that You are communicating with DIGITAL ZERO INDIA PRIVATE LIMITED through electronic records and You consent to receive communications via electronic records from DIGITAL ZERO INDIA PRIVATE LIMITED periodically and as and when required. DIGITAL ZERO INDIA PRIVATE LIMITED will communicate with You by email or any push or other message or electronic records on the email address and or mobile number available with DIGITAL ZERO INDIA PRIVATE LIMITED which will be deemed adequate service of notice / electronic record.
NOTICE
Any notices or other communications required will be in writing and emailed to DIGITAL ZERO INDIA PRIVATE LIMITED at [email protected]. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
In the event you have any complaints about any Content on CAMERA IN ACTION, please write to us at [email protected] with details of the objectionable content and Your details including Your name and mobile number and such other details as may be requested by Us. Based on the complaint raised, we will take reasonable measures to resolve the issue. You hereby expressly agree that DIGITAL ZERO INDIA PRIVATE LIMITED shall under no circumstance be liable to You for any damages whatsoever. Further, You hereby expressly agree that DIGITAL ZERO INDIA PRIVATE LIMITED makes no representations under these Terms of Use that any complaint raised by You will be resolved to Your satisfaction. All steps to be taken by DIGITAL ZERO INDIA PRIVATE LIMITED in this regard shall be at the sole discretion of DIGITAL ZERO INDIA PRIVATE LIMITED.
If You have any claims for the ownership of Content transmitted through CAMERA IN ACTION, please follow the “Ownership Claims and Dispute Resolution Mechanism” at www.camerainaction.com/privacypolicy.
LAW DISPUTES
These TERMS and all matters arising from it are governed by and construed following the laws of India and courts of Mumbai, India shall have exclusive jurisdiction over all disputes arising in connection with these TERMS.
ENTIRE AGREEMENT AND AMENDMENT
These TERMS expressly supersedes and completely replaces any prior ‘Terms of Use’. DIGITAL ZERO INDIA PRIVATE LIMITED shall not be bound by or liable to YOU for any pre-existing or contemporaneous written or oral representations or warranties, made by anyone, concerning CAMERA IN ACTION, including any authorized agents, employees, or representatives.
DIGITAL ZERO INDIA PRIVATE LIMITED reserves the right, at its sole discretion, to modify the TERMS from time to time (“Updated Terms of Use”). The Updated Terms of Use shall be effective immediately and shall supersede these Terms of Use. DIGITAL ZERO INDIA PRIVATE LIMITED shall not be under an obligation to notify you of any changes to the Terms of Use. YOU shall be solely responsible for reviewing the Terms of Use from time to time for any modifications. By continuing to use CAMERA IN ACTION after the Updated Terms of Use have been published, YOU affirm YOUR agreement to the Updated Terms of Use.