This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of White Labelled OTT platform
Your use of White Labelled OTT platform is governed by the following terms and conditions (“Terms of Use”) as applicable including the applicable policies which are incorporated herein by way of reference.
By browsing, accessing, making use of White Labelled OTT platform, You shall be contracting with M/s, Ally Software LLP, these terms and conditions including the policies constitute your binding obligations, with
For this purpose, “You” shall mean any natural or legal person browsing, accessing, using White Labelled OTT platform and registers with M/s. Ally Software LLP as Client.
For this purpose, the Client OTT platform shall mean the OTT platform created by you using the White Labelled OTT platform provided by M/s. Ally Software LLP
For this purpose, “Third-Party or Third-Parties” shall mean any party other than M/s. Ally Software LLP
The term “we”, “us”, “our” shall mean M/s. Ally Software LLP. When You use any of the services provided through White Labelled OTT platform, You shall be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use.
ACCESSING, BROWSING OR OTHERWISE USING White Labelled OTT Platform INDICATE YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS, SO PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING.
ONLINE OTT PLATFORM
M/s. Ally Software LLP is an intermediary and offers, provides White Labelled OTT Platform enabling you to create, operate and run OTT platform and offers services thereof and is designed in a manner wherein you can also use, subscribe to the OTT platform.
TERMS OF USE
You agree, undertake and confirm that your use of White Labelled OTT platform shall be strictly governed by the following binding principles: You hereby undertake and agree not to use White Labelled OTT platform for
(a) harassing or advocating harassment of another person;
(b) transmission of "junk mail”, "chain letters”, or unsolicited mass mailing or "spamming"
(c) promoting illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(d) transmitting, sharing, uploading links of any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
Policy for Non- Hosting, Non- Storage, Non- Publication of Unlawful Information- Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021- Part II- Rule 3 (1) (b) – Due Diligence by Intermediary
M/s. Ally Software LLP as an Intermediary herein informs You that it shall not host, display, upload, modify, publish, transmit, store, update or share any information that
(i) belongs to another person and to which the user does not have any right;
(ii) is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
(iii) is harmful to child;
(iv) infringes any patent, trademark, copyright or other proprietary rights;
(v) violates any law for the time being in force;
(vi) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
(vii) impersonates another person;
(viii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;
(ix) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
(x) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person
Policy for Non- Deployment of Technical Configuration of Computer Resource- Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 – Due Diligence by Intermediary
Rule 3(k)- Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
M/s. Ally Software LLP as an intermediary shall not knowingly deploy or install or modify technical configuration of its computer resource- White or become party to act that may change or has the potential to change the normal course of operation of its computer resource- White Labelled OTT platform than what it is supposed to perform thereby circumventing any law for the time being in force.
Further, M/s. Ally Software LLP may develop, produce, distribute or employ technological means for the purpose of performing the acts of securing its computer resource- White Labelled OTT platform and information contained therein;
Policy for Voluntary Removal of Information or Disabling of Access- Rule 3 (d)- (Information Technology (Intermediary Guidelines and Digital Media Ethics Code) 2021– Due Diligence by Intermediary
M/s. Ally Software LLP shall remove or disable access to any information, data, communication link as specified in Policy for Non- Hosting, Non- Storage, Non- Publication of Unlawful Information- Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021- Part II- Rule 3 (1) (b) – Due Diligence by Intermediary on voluntary basis or on the basis of any grievances received thereof
Policy for Reporting Cyber Security Incidents- Rule 3 (l) (Information Technology (Intermediary Guidelines and Digital Media Ethics Code) 2021– Due Diligence by Intermediary
M/s. Ally Software LLP shall report Cyber Security Incidents and share related information with the Indian Computer Response Team in accordance with the Policies and Procedures as mentioned in Information Technology (The Indian Computer Emergency Response Team and Manner of Performing Functions and Duties) Rules, 2013.
Policy for Assistance to Government Agencies- Rule 3 (j) (Information Technology (Intermediary Guidelines and Digital Media Ethics Code) 2021– Due Diligence by Intermediary
M/s. Ally Software LLP shall as soon as possible but not later than seventy-two hours of the receipt of an order, provide information under its control or possession, or assistance to the Government Agency which is lawfully authorised for investigative or protective or cyber securities activities, for the purposes of verification of identity, or for the prevention, detection, investigation, or prosecution, of offences under any law for the time being in force, or for cyber security incidents, however, such order shall be in writing clearly stating the purpose of seeking information or assistance, as the case may be
PROHIBITED USE
1. 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 White Labelled OTT platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the White Labelled OTT platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the White Labelled OTT platform. We reserve our right to bar any such activity.
2. You shall not attempt to gain unauthorized access to any portion or feature of the White Labelled OTT platform or any other systems or networks connected to the White Labelled OTT platform or to any server, computer, network, or through the White Labelled OTT platform by hacking, password “mining” or any other illegitimate means.
3. You shall not probe, scan or test the vulnerability of White Labelled OTT platform or any network connected to White Labelled OTT platform nor breach the security or authentication measures on White Labelled OTT platforms or any network connected to White Labelled OTT platform. You may not reverse look-up, trace or seek to trace any information on any user of or visitor of White Labelled OTT platform or exploit the White Labelled OTT platform or any information made available or offered by or through the White Labelled OTT platform in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by White Labelled OTT platform
4. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name, domain name used by us including the terms White Labelled OTT platform, M/s. Ally Software LLP or otherwise engage in any conduct or action that might tarnish the image or reputation of White Labelled OTT platform, M/s. Ally Software LLP or otherwise tarnish or dilute any trade or service marks, trade name and/or goodwill associated with White Labelled OTT platform, M/s. Ally Software LLP owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the White Labelled OTT platform’s systems or networks, or any systems or networks connected to White Labelled OTT platform
5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of White Labelled OTT platform
6. 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 White Labelled OTT platform. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
7. You may not use White Labelled OTT platform or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of White Labelled OTT platform and / or others.
8. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable laws, rules and regulations.
9. You may not transmit any chain letters or unsolicited commercial or junk email via White Labelled OTT platform
10. It shall be a violation of these Terms of Use to use any information obtained from White Labelled OTT platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict your usage of White Labelled OTT platform for a reasonable period which we deem appropriate in our sole discretion.
11. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information through the signup Page made available on White Labelled OTT platform including any information uploaded through any of the services made available through White Labelled OTT platform as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and You hereby expressly authorize us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
12. We reserve the right, but has no obligation, to monitor the materials posted on White Labelled OTT platform, M/s. Ally Software LLP shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. In no event shall M/s. Ally Software LLP assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on White Labelled OTT platform
13. It is possible that any users or third-parties (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on White Labelled OTT platform and that You may be involuntarily exposed to such offensive and obscene materials. We do not approve of such unauthorized use.
14. White Labelled OTT platform shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
15. You shall not reverse engineer White Labelled OTT platform in whatsoever manner
16. You shall not gain or attempt to gain unauthorized access in whatsoever manner to White Labelled OTT platform
CONTENTS POSTED
The Content, text, graphics, interfaces, visual interfaces, photographs, images, pictures, trademarks, logos, and artwork relating to White Labelled OTT platform- technology, software, M/s. Ally Software LLP and we have worldwide, perpetual rights in regard to such Content.
White Labelled OTT platform may also contain description, images, content which is considered as third-party content.
White Labelled OTT platform hereby acknowledges that such third-party content is owned by the respective owners.
LICENSE- TERMS & CONDITIONS
We hereby provide a limited, non-exclusive, non- transferable, non- sub-licensable, revocable license to use the platform in consideration of the terms and conditions and policies of White Labelled OTT platform. However, we shall reserve to terminate your license to use in case of any breach of these terms and conditions, policies of White Labelled OTT platform
Nothing in this terms and conditions, policies of White Labelled OTT platform, shall be construed as granting any rights, title, interest with regard to the Intellectual Property relating to White Labelled OTT platform
Further, we reserve the right to revoke the License granted herein by us to you with respect to the White Labelled OTT platform.
IP NOTICE
You shall be responsible for inclusion of IP Notice mentioned herein in the Client OTT platform created through the White Labelled OTT platform. For this purpose, the term IP Notice shall mean and include the following
“IP Notice- All rights reserved by M/s. Ally Software LLP”
You shall in no event remove the IP Notice in whatsoever manner in Client OTT platform.
CHAT, COMMENTS- TERMS & CONDITIONS
You herein agree to the following terms and conditions while making use of the Chat, Comments Option made available through White Labelled OTT platform
1. You shall in no event violate any policies and these guidelines while using White Labelled OTT platform
2. You shall in no event make post, share any content, information that is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libellous, hateful or otherwise objectionable
3. You shall in no event violate any right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights
4. You shall in no event disguise attempting to disguise the origin of the content, information or share such content, information under a fake or false name. However, the same also constitute a knowingly erroneous or unethical content, information
5. You shall in no event share, transmit, upload any information, content that causes or is likely to cause any conflict of interest
6. You shall in no event promote, solicit, like, share any information that is obscene, pornographic, pedophilic in nature
7. You shall in no event harass, stalk, mislead, misrepresent any members in the chat, comments posted thereof
8. You shall be required to maintain decency and decorum while interacting in the chat, comments posted thereof
9. You shall in no event promote, share, solicit any activity, image, video, link that is affecting the reputation, goodwill, brand name of any entity, individual
10. You shall in no event promote, share, transmit, solicit any information, image, video, link that is illegal, prohibited by law in whatsoever manner
11. You shall in no event solicit, infringe the privacy of any individual in whatsoever manner
12. You shall in no event violate, infringe, breach the Intellectual Property of any entity, individual
13. You shall in no event share Sensitive Personal Data or Information, Personal Information
14. You shall in no event exaggerate, falsely represent, misrepresent any information or content including the language and emoji’s
15. You shall in no event make use of the emoji’s made available thereof for causing any defamatory, derogatory, harassing, stalking, discriminating, hateful, harming the reputation, privacy of any individual, entity or otherwise objectionable
16. In no event shall M/s. Ally Software LLP hold any responsibility, liability for any of the above in whatsoever manner
17. However, we reserve the right to remove any content, information violating these guidelines
REPORTING A USER- CHAT, COMMENTS
1. We shall block access to any user in case of repeated violation of the terms, conditions, policies specified in White Labelled OTT platform
2. You shall be responsible for reporting to us with regard to any post, information, image, video, link shared across the chat, comments posted through White Labelled OTT platform
VIDEO MEETING, LIVE EVENTS – TERMS & CONDITIONS
The following are the specific terms and conditions specific to the Video Meeting, Live Events option made available through the White Labelled OTT platform.
1. The Best Quality Video during the Video Meeting shall be subject to your Internet Connectivity. In no event shall M/s. Ally Software LLP assume any responsibility, liability in this regard
2. It is herein agreed that a third-party url shall be created for every video meeting which is unique for each and every video meeting. However, in no event shall M/s. Ally Software LLP assume any responsibility, liability thereof
3. It is herein agreed that such video meeting streaming shall be made via a third-party api. Further, such video meetings shall also enable streaming of live events. While accessing such video meeting, live events, your IP address maybe captured which is also Personal Information under Sec 2 (1) (i) of the IT Rules 2011. However, the same is also protected in accordance with IT Act, rules, regulations made thereunder.
4. You shall in no event stream any event and/ host any video meetings which are prohibited under any law being in force in India. However, in no event shall M/s. Ally Software LLP assume any responsibility, liability thereof
5. You shall in no event stream any event and/ host any video meetings affecting the privacy of any individual, entity. However, in no event shall M/s. Ally Software LLP assume any responsibility, liability thereof
6. You shall in no event stream any event and/ host any video meetings that violate, breach, infringe any Intellectual Property of any entity, individual
THIRD-PARTY VIDEO PLAYER- TERMS & CONDITIONS
A third- party video player is integrated with the White Labelled OTT platform so as to enable you to play videos through the platform. Further, a license has also been obtained with respect to the themes available in the player thereof. However, in no event shall M/s. Ally Software LLP assume any responsibility, liability thereof
CONTENT SECURITY- TERMS & CONDITIONS
The White Labelled OTT platform enables an option to provide content security to the content, information, video uploaded through the White Labelled OTT platform. Further, you may be able to enable, disable such content security with respect to the content, information, video uploaded through the White Labelled OTT platform. However, in no event shall M/s. Ally Software LLP assume any responsibility, liability thereof.
THIRD- PARTY ANALYTICS TOOL- TERMS & CONDITIONS
The White Labelled OTT platform is integrated with third-party analytics tool so as to showcase the analytics with respect to the video uploaded through the White Labelled OTT platform. However, in no event shall M/s. Ally Software LLP assume any responsibility, liability thereof
VOUCHERS – TERMS & CONDITIONS
The White Labelled OTT platform enables you to create and generate vouchers with respect to the subscription of the Client OTT platform. However, in no event shall M/s. Ally Software LLP assume any responsibility, liability thereof.
MONETIZATION MODEL- TERMS & CONDITIONS
The White Labelled OTT platform enables you to monetize the video, content uploaded thereof. Further, such White Labelled OTT platform is designed in a manner to choose the monetization model from the drop-down menu made available thereof. However, in no event shall M/s. Ally Software LLP assume any responsibility, liability thereof
PAYMENT GATEWAY INTEGRATION
The White Labelled OTT platform offers integration of a third-party integration. Further, the same shall be linked to your account, the details of which shall be as provided by you. However, in no event shall M/s. Ally Software LLP assume any responsibility, liability thereof
FAQ- TERMS & CONDITIONS
The White Labelled OTT platform shall facilitate you with an option to create FAQ (Frequently asked questions) with respect to the Client OTT platform. Further, you shall be responsible for creating such FAQ. However, in no event shall M/s. Ally Software LLP assume any responsibility, liability thereof
DOMAIN- DNS SERVER CONNECT- TERMS & CONDITIONS
The White Labelled OTT platform shall facilitate you to connect your Domain to such platform. You shal, be responsible for providing the dns server details in consideration of such domain linking. However, in no event shall M/s. Ally Software LLP assume any responsibility, liability thereof
CUSTOMISED SEO- TERMS & CONDITIONS
The White Labelled OTT platform enables customised seo settings so as to enable you to include the site description, tags, title. However, in no event shall M/s. Ally Software LLP assume any responsibility, liability thereof
LOGO, FAVICON, SITE NAME – TERMS & CONDITIONS
The White Labelled OTT platform enables you to upload your Logo, Site Name, Favicon so as to create a Client OTT platform. However, in no event shall M/s. Ally Software LLP assume any responsibility, liability thereof
BUSINESS EMAIL CONFIGURATION- TERMS & CONDITIONS
The White Labelled OTT platform enables to configure the Client OTT platform through the business email id provided by you. However, you shall be responsible for providing such business email id for setting up and configuration thereof. However, in no event shall M/s. Ally Software LLP assume any responsibility, liability thereof
POSTER AND BANNER- TERMS & CONDITIONS
The White Labelled OTT platform facilitates you to add Posters and Banners. Further, you shall be responsible for adding the same as per the specifications which are made available thereunder. However, in no event shall M/s. Ally Software LLP assume any responsibility, liability thereof
VIDEOS- TERMS & CONDITIONS
The White Labelled OTT platform enables you to add videos, titles, description, thumbnails, duration, start date, end date, country rights, subtitles, coming soon, Adult, banner image, status, thereof. Further, you shall be responsible for any content, information, images with respect to such videos, description, thumbnails, subtitles thereunder. However, in no event shall M/s. Ally Software LLP assume any responsibility, liability thereof
HEADER MENU- TEDMS & CONDITIONS
The White Labelled OTT platform facilitates you to add web links and information related thereof. Further, you shall be responsible for any content, information, web links uploaded thereof. However, in no event shall M/s. Ally Software LLP assume any responsibility, liability thereof
TICKET MANAGEMENT- TERMS & CONDITIONS
The White Labelled OTT platform facilitates you to create tickets, ticket labels, sale – start date, end date, countries, total tickets, tickets sold, remaining tickets, status. Further, you shall be responsible for creating such tickets for events etc. However, in no event shall M/s. Ally Software LLP assume any responsibility, liability thereof
MANAGE SUBSCRIPTIONS- TERMS & CONDITIONS
The White Labelled OTT platform facilitates you to manage your subscriptions thereof. Further, you shall be responsible for including information relating to your subscriptions, plans etc. However, in no event shall M/s. Ally Software LLP assume any responsibility, liability thereof
DISCOUNT- TERMS & CONDITIONS
The White Labelled OTT platform facilitates you with a Discount feature where details relating to Discount with respect to management of subscriptions with respect to the Client OTT platform. You shall be responsible for any information, content uploaded thereof. However, in no event shall M/s. Ally Software LLP assume any responsibility, liability thereof
CATALOGUE- TERMS & CONDITIONS
The White Labelled OTT platform facilitates you with a Catalogue feature where details relating to Name, Status and other details are showcased. You shall be responsible for any content, information uploaded thereof. However, in no event shall M/s. Ally Software LLP assume any responsibility, liability thereof
ANALYTICS DASHBOARD- TERMS & CONDITIONS
The White Labelled OTT platform facilitates you with Analytics Dashboard which provides analytics regarding summary, transactions, revenue etc. However, in no event shall M/s. Ally Software LLP assume any responsibility, liability thereof
PLAYER CONTENT INSIGHT- TERMS & CONDITIONS
The White Labelled OTT platform facilitates you with player content insight wherein analytics and insights are provided with respect to the content, videos uploaded thereof. However, in no event shall M/s. Ally Software LLP assume any responsibility, liability thereof
ARTICLES, BLOGS- TERMS & CONDITIONS
The White Labelled OTT platform facilitates you to create, publish articles, blogs thereof. Further, you shall be responsible for any content, information uploaded thereof. You shall in no event engage in plagiarism with respect to such articles, blogs uploaded thereof. You shall ensure that in no event the intellectual property is breached, infringed, violated with respect to such articles, blogs. However, in no event shall M/s. Ally Software LLP assume any responsibility, liability thereof
ADMIN PANEL- TERMS & CONDITIONS
The White Labelled OTT platform facilitates provision of customer information thereof. However, in no event shall M/s. Ally Software LLP assume any responsibility, liability thereof
MANAGE TEAM MEMBERS- TERMS & CONDITIONS
The White Labelled OTT platform facilitates you to manage team members through the admin account provided thereof. You shall be responsible for all the information uploaded thereof. However, in no event shall M/s. Ally Software LLP assume any responsibility, liability thereof
ADMIN ACCOUNT – PARTNER- TERMS & CONDITIONS
The White Labelled OTT platform facilitates you to create admin accounts- Partners and you shall be responsible for including information like Name, email id, contact no, status, deactivation, profile picture, cover picture, user permissions, category, passwords. However, in no event shall M/s. Ally Software LLP assume any responsibility, liability thereof
PLANS & SUBSCRIPTION- TERMS & CONDITIONS
The features with respect to each plan, subscription shall be as specified herein. However, this shall be in addition to the legal policies mentioned in White Labelled OTT platform. You shall be responsible for any plan, subscription opted thereof. However, in no event shall M/s. Ally Software LLP assume any responsibility, liability thereof
GENERAL OBLIGATIONS
1. You shall be obliged to provide accurate information while using, signing up on White Labelled OTT
2. You shall also adhere to the minimum age requirement i.e., 18 years as defined by the law of the land
3. You shall read all the policies, terms mentioned in White Labelled OTT platform
4. You shall not copy or use the information contained in White Labelled OTT platform
5. You shall not engage in any activities mentioned in “PROHIBITED USE” (mentioned herein) either directly, indirectly or in whatsoever manner
PRIVACY
We view protection of Your privacy as a very important principle. We understand clearly that You and Your Sensitive Personal Information is one of our most important assets. We store and process Your Sensitive Personal Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our Privacy Policy is available for more details.
THIRD-PARTYAPI’s/ LINKS
White Labelled OTT platform shall also be integrated with third-party API’s. However, in no event shall White Labelled OTT platform, M/s. Ally Software LLP hold any responsibility, liability in this regard.
LEGAL DISCLAIMER
White Labelled OTT platform and all content, included on or otherwise made available to You thereof are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, M/s. Ally Software LLP does not warrant that: -
i. White Labelled OTT platform, shall be constantly available, or available at all; or the information on White Labelled OTT platform, is complete, true, accurate or non-misleading.
ii. M/s. Ally Software LLP does not warrant that White Labelled OTT platform, information, Content, Images, Descriptions on or otherwise made available to You thereof, their servers; or electronic communication sent from us are free of viruses or other harmful components.
Nothing on the White Labelled OTT platform is meant to constitute, advice of any kind.
We disclaim any damages, liabilities, loss, claims including ANY SPECIAL, INCIDENTAL, INDIRECT or CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION OR ARISING OUT OF YOUR USE OF the White Labelled OTT platform
OUR LIABILITY
We shall be liable for any technical and relative issue with regard to the White Labelled OTT platform. However, we shall hold no liability for unforeseen circumstances, force majeure events and situations beyond our control
THIRD PARTY LIABILITY
• The Third-Party shall be solely and exclusively liable for any and all issues arising out of third-party API’s, plugins, integrations connected to the White Labelled OTT platform. In no event shall M/s. Ally Software LLP hold any liability for third-party issues or failure
YOUR LIABILITY
• You shall be liable for all and all information provided by you upon while filling the details in the signup form made available on White Labelled OTT platform and services thereof
• You shall be liable for any posts, information, images, videos, links shared across through the White Labelled OTT platform
• You shall be liable to retain the IP Notice mentioned herein in the Client OTT platform. Any circumvention thereof shall be considered as material breach of the terms and conditions, legal policies of White Labelled OTT platform. In such event, the License provided herein shall be revoked with immediate effect thereof.
FORCE MAJEURE
In no event shall M/s. Ally Software LLP shall be responsible for any failure to perform any services due to causes beyond its control, including but not limited to acts of God, war, and riot, acts of or military authorities, fire, floods or accident(s), pandemic & emergency situations etc.
INDEMNITY
You shall indemnify and hold harmless M/s. Ally Software LLP, its directors, agents, and employees, from any claim or demand, or actions made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
APPLICABLE LAW / JURISDICTION
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Bengaluru, Karnataka, India
DESCRIPTION
M/s. Ally Technologies LLP does not warrant that description or other content made available on the White Labelled OTT platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard
LIMITATION OF LIABILITY
IN NO EVENT SHALL M/s. Ally Software LLP BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, and EVEN IF CLIENT HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
White Labelled OTT platform may include inaccuracies and typographical errors. Changes and improvements are periodically made to White Labelled OTT platform
INTELLECTUAL PROPERTY POLICY (IP POLICY)
All existing and future Intellectual Property in the nature of unregistered or registered rights to any and all patents, copy rights (technology) and all Intellectual property relating to White Labelled OTT platform shall be the sole property of M/s. Ally Software LLP.
However, any Intellectual Property relating to the Client’s Logo, Brand Name in the form of trademark shall be solely owned by the Client.
All material including content, information, images, pictures, videos are protected by copyrights, trademarks, and other intellectual property rights. Material on White Labelled OTT platform, is solely for your personal, non-commercial use.
White Labelled OTT platform displays information relating to videos, meta tags, thumb nails, seo, profile pictures, cover pictures, articles, blogs, catalogues, live meetings, trailers, links, tickets, subtitles, vouchers, event related information, chat related information, badge text, offers, 3rd party api etc.
The above content shall be referred to as “Third-Party Content” and shall own and belong to various third parties. For this purpose, the term Third-Party shall mean any person, entity other than M/s. Ally Software LLP
However, the White Labelled OTT platform merely uses such Third-Party Content for display purposes only and shall in no event have any intention in whatsoever manner to acquire any Intellectual Property Rights arising out of such Third-Party Content. Further, M/s. Ally Software LLP herein acknowledges and agrees that all Intellectual Property Rights arising out of any Third-Party Content shall belong to solely and exclusively to the respective third-party owners.
You acknowledge and agree not to use, reuse, and challenge any application, registration of any marks, anywhere in the world. You shall not copy, reproduce, republish, upload, post, transmit or distribute such logos, images, marks in any way, including by e-mail or other electronic means and whether directly or indirectly and You must not assist any other person to do so.
Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or mobile or any communication device or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, intellectual property and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
INTELLECTUAL PROPERTY RELATED ISSUES
M/s. Ally Software LLP respects the intellectual property of others. In case, You feel that Your Intellectual Property Right has been infringed, You can send an email to the Grievance Officer.