Terms of use

TERMS OF USE

BY INSTALLING AND USING THE MOBILE APPLICATION (“APP”) OR WEBSITE WWW.ADLABSFILMS.IN ("WEBSITE") OR AND ANY OF THE SERVICES, FEATURES, CONTENT OR APPLICATIONS OF AD-LABS [Insert full name] ("COMPANY" or "WE"), OFFERED THROUGH ITS APPLICATION (COLLECTIVELY REFERRED TO AS "SERVICES) YOU AS A USER, INCLUDING USERS WHO ARE CONTRIBUTORS OF CONTENT, AGREE TO THESE TERMS OF USE READ TOGETHER WITH VARIOUS POLICIES INCLUDING BUT NOT LIMITED TO THE CANCELLATION & REFUND POLICY AND PRIVACY POLICY AS AVAILABLE ON THE WEBSITE/APP.

This document is an electronic record in terms of the Information Technology Act, 2000 ("IT Act") and the rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the IT Act and is published in accordance with the provisions of the relevant rules amended from time to time, that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Website/App. This electronic record is generated by a computer system and does not require any physical or digital signatures.

We enhance and update the Website/App and Services often. We may change or discontinue the Terms of use, the Website/App or Services at any time, with or without notice to you. You can determine the applicable terms by referring to the "LAST UPDATED" legend above. It shall be your responsibility to check terms periodically for changes. Company may require you to provide your consent to the updated terms in a specified manner before any further use of the Services is permitted. If no such separate consent is sought, your continued use of the Website/App and Services, following changes to these terms, will constitute your acceptance of those changes. 

Notwithstanding anything contained herein, if you breach the Terms of Use or Privacy Policy or other rules and policies, Company reserves the right to take any legal or other action including but not limited to denying or revoking access, referral to the appropriate authorities. 

Through the Website/App and Services, you have the opportunity to interact with the team at Ad-Labs and may have access to video, software, scripts, graphics, graphics interchange formats, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Services. 

  1. Eligibility: Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 or the relevant laws in your jurisdiction including minors, un-discharged insolvents etc. shall not be eligible to use the Website/App. Any minor desirous to use or contribute on the App, is required to conduct such transaction through their legal guardian or parents. You may only access the site and use the content and the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You shall be responsible for maintaining the confidentiality of any username/access and password in the process of the use of the Website/App and you shall be responsible for all activities that occur under your username/access and password. You shall have the ability to delete your account, either directly or through a request made to one of our employees or affiliates. You should make whatever investigation you feel necessary or appropriate before proceeding with the interaction. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities of any kind or nature incurred as the result of any such interaction. You hereby release the Company from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or our Website/App.
  2. Links: The Website/App and Services may contain links to other websites and online resources. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.
  3. Ownership: We own or license all right, title, and interest in and to (a) the Website/App and Services, including all software, text, media, look and feel of the Website/App and Services and (b) our trademarks, logos, and brand elements.
  4. Although Company is not obligated to monitor access to or use of the Services or to review or edit any content, Company has the right to do so for the purpose of operating the Services, to ensure compliance with these Terms of Use, or to comply with applicable law or other legal requirements. Company will remove all content submitted by you, if properly notified that such content infringes on another's intellectual property rights. Company has the right to investigate violations of these Terms of Use or conduct that affects the Website/App and/or the Services. You agree to cooperate fully with Company in any such investigation. Company may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. You shall not remove or modify any copyright and/or other intellectual property notices or watermarks from the Website/ App or any of the Services.
  5. Privacy: We are committed to respecting your privacy and the privacy of all individuals using the Services. More information regarding how we may use your personal data can be found in our Privacy Policy. By using any of the services, you agree to the terms laid out in our Privacy Policy which is incorporated into these terms by reference.
  6. General Prohibitions:In addition to the prohibitions imposed on you under applicable law, you agree not to do any of the following:
  7. Post, request for, upload, publish, submit or transmit any content that:
  8. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
  • violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; 
  1. is fraudulent, false, misleading or deceptive; 
  2. is defamatory, obscene or pornographic; 
  3. promotes or constitutes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
  • is violent or threatening or promotes violence or actions that are threatening to any person or entity; 
  • promotes illegal or harmful activities or substances;
  1. contains personal or contact information about any other person without their prior authorization; or 
  2. violates any content policies Company has posted for the Services. 
  3. threatens public health or safety; promotion of cigarettes or any other tobacco products or consumption of intoxicant including alcohol and Electronic Nicotine Delivery System (ENDS) & like products that enable nicotine delivery except for the purpose & in the manner and to the extent, as may be approved under the Drugs and Cosmetics Act, 1940 and Rules made thereunder; 
  • threatens Critical Information Infrastructure as defined in Explanation of sub-section (1) of section 70 of the IT Act; 
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation 
  • You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website/App, Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website/App, Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website/App. 
  1. You shall not engage in advertising to, or solicitation of, other users of the Website/App to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website/App or related to us. 
  • Encourage or enable any other individual to do any of the foregoing.
  1. Indemnity:You shall indemnify and hold harmless Company (including its affiliates, subsidiaries, group companies), its directors, advisors, employees, agents, partners, suppliers or content providers, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of any of these Terms of Use, Privacy Policy and other policies, or your violation of any law, rules or regulations or the rights of a third party. Company reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defences.
  2. Disclaimer of warranties and Limitation of Liability:Accessing our Website/ App and your use of the services is solely at your own risk. We do not warrant that the Website/App will be compatible with all hardware and software which you may use. To the fullest extent permitted by law, Company excludes all warranties, conditions, terms or representations about the accuracy or completeness of Website/App’s or the of any sites linked to the Website/App. The Services, and content are provided "AS IS", "AS AVAILABLE" and without warranty of any kind, express or implied including, but not limited to, the implied warranties with respect to title; non-infringement; merchantability; uninterrupted, timely, secure or error free use of the Website/App or Services; and fitness for a particular purpose; and any warranties implied by any course of performance or usage of trade; all of which are expressly disclaimed. 

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE/APP OR SERVICES, INCLUDING WITHOUT LIMITATION, IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE IF ANY ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.

IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, ADVISORS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE), OR (III) FOR ANY DIRECT DAMAGES WILL BE LIMITED TO THE AMOUNT RECIEVED BY US FROM YOU WITHIN THE LAST 12 MONTHS TOWARDS THE SERVICES.

You understand and agree that we have entered into these Terms of Use with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.

  1. General Provisions

Force Majeure:Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Website/App, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause beyond our reasonable control. If Force Majeure event takes place that affects the performance of our obligations under these terms of use our obligations under these terms shall be suspended for the duration of Force Majeure event.

Applicable Law:These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts in Mumbai shall have exclusive jurisdiction in respect of any matters arising herefrom.

Dispute Resolution: In the event any dispute arises out of or in connection with the Terms of Use herein, including the validity hereof, the parties hereto shall endeavour to settle such dispute amicably in the first instance. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than 15 (Fifteen) calendar days, gives a notice to this effect, to the other party in writing. In case of such failure, the dispute shall be referred to a sole arbitrator, who shall be appointed by Company. The arbitration proceedings shall be governed by the Indian Arbitration and Conciliation Act, 1996 and the seat and venue of arbitration shall be held in Mumbai. The language of arbitration shall be English.

Contact Us Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website/App. 

Grievance officer:In accordance with Information Technology Act, 2000 and rules made there under, contact details of the Grievance Officer are provided below:

Email: contact@adlabsfilms.in

Time: Mon - Sat (10:00 - 18:00)