These Terms and Conditions ("Terms") govern the use of services provided by Cinesoft Pvt Ltd ("Company", "we", "us") through our website (www.cinesoft.in) and associated services. By accessing or using our services, you ("Publisher") agree to comply with and be bound by these Terms.
1. Acceptance of Terms
The Services are offered to Publishers subject to their acceptance, without modification, of these Terms and any future modifications thereof. By using the Services, you agree that these Terms form a legally binding contract between you and Cinesoft Pvt Ltd. If you are entering into these Terms on behalf of an entity, such as your employer, you represent that you have the legal authority to bind such entity. If you are using your employer or an entity’s email address, you are deemed an authorized representative of that entity.
2. Definitions
• Account : Primary means for accessing and using the Services, subject to the payment of a Fee designated in the selected Plan.
• Administrator : A User of an Account who has full authorization to manage the Publisher Account but cannot alter credentials.
• Affiliates : Any entity controlling, controlled by, or under common control with a party.
• App Marketplace : Digital platforms for Apps, such as Google Play or Apple App Store.
• Apps : Applications accessed via web browsers, mobile apps, or TV apps.
• CDN : Content delivery networks that facilitate dynamic content delivery.
• Company : Cinesoft Pvt Ltd.
• Company Content : : Data and information available through the Services, including articles, documents, images, and audiovisual works.
• Company Materials : Visual interfaces, graphics, design, code, and other elements of the Services.
• Credentials : Usernames, passwords, and other access credentials for using the Services.
• Fee : Payment for using the Services via an activated Account.
• Free Trial : Temporary access to the Services without paying a Fee.
• Master Terms : Core legal and commercial terms that apply to the Publisher’s use of Services.
• Order Form : : Document specifying the terms for providing Services to the Publisher.
• Plan : Criteria related to the use, functionality, and cost of a particular Service.
• Plan Term : Period of the Publisher’s use of the Services as determined by the Plan.
• Platform :Cinesoft’s platforms for marketing, distributing, and selling video content.
• Privacy Policy : Notice describing how we handle Publisher Content and privacy rights.
• Publisher : You, an individual or entity who has accepted these Terms with Cinesoft Pvt Ltd.
• Publisher Content : Videos, data, documents, and other digital information inserted into the Platform.
• Renewal Date : Date when the Publisher’s Plan automatically renews.
• Sensitive Information : Personal or financial information protected under privacy and data protection laws.
• Services : The Website, Company Materials, Platform, Apps, and other content and services.
• Sub-processor : Third parties used by Cinesoft Pvt Ltd in providing Services.
• Subscriber : Customers of the Publisher accessing Services via the Platform.
• Terms : The Publisher Terms of Service, including Master Terms, Privacy Policy, and other applicable terms.
• User :Any individual granted authorized rights to use the Account on behalf of a Publisher.
• Website : All web documents and content made available via our website and subdomains.
3. Modifications to Terms
Cinesoft Pvt Ltd reserves the right to change, modify, add, or remove any portion of the Terms at any time. Modifications will be effective immediately upon posting on or through the Platform. Your continued use of the Services constitutes acceptance of the updated Terms.
4. Services
4.1 Services Provided
Subject to these Terms and payment of applicable Fees, Cinesoft Pvt Ltd grants the Publisher and its Users a non-exclusive, non-transferable, non-sublicensable license to use the Services to:
Upload and manage Publisher Content for Subscriber access and purchase.
Personalize the "look and feel" of Publisher Content for a seamless experience.
4.2 Modifications to Services/Platform
Cinesoft Pvt Ltd may modify the Services or Platform without prior notice, including rebranding, repackaging, or discontinuing any part of the Services. We reserve the right to take necessary actions to protect our intellectual property and ensure compliance.
4.3 Credentials
Publishers are responsible for maintaining the confidentiality of Credentials and all activities occurring under them. We may terminate Credentials that are used unauthorizedly.
4.4 Changing Plans
Publishers seeking to upgrade or downgrade their Plan should contact Cinesoft Pvt Ltd to address such changes.
5. Publisher Responsibilities
5.1 Content Compliance
Publishers are responsible for ensuring that all Publisher Content complies with all applicable laws, regulations, and third-party rights. This includes securing necessary permissions and licenses for any content that is uploaded or distributed through the Platform.
5.2 Account Security
Publishers must maintain the security of their Account and Credentials. Publishers must notify Cinesoft Pvt Ltd immediately if they become aware of any unauthorized use of their Account or Credentials.
5.3 User Conduct
Publishers are responsible for the conduct of their Users and Subscribers. Publishers must ensure that their Users and Subscribers adhere to the Terms and any applicable laws while using the Services.
5.4 Content Removal
Publishers are responsible for removing any Publisher Content that is inappropriate, illegal, or in violation of any applicable laws or these Terms.
5.5 Payment Obligations
Publishers must ensure timely payment of all Fees associated with their use of the Services. Failure to pay Fees may result in suspension or termination of the Services.
6. Publisher Content/Sensitive Information
6.1 Publisher Content
Publishers retain ownership of their Publisher Content but grant Cinesoft Pvt Ltd a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, and display such content as necessary for providing the Services. Publishers are responsible for the accuracy, legality, and appropriateness of Publisher Content.
6.2 Sensitive Information
Publishers are responsible for ensuring that no Sensitive Information is included in Publisher Content. Cinesoft Pvt Ltd will not be liable for any harm or damages resulting from the inclusion of Sensitive Information in Publisher Content.
7. Fees
7.1 Payment Terms
Publishers agree to pay all Fees associated with their Plan and any additional services as specified in the Order Form. Fees are payable in advance and are non-refundable.
7.2 Fee Changes
Cinesoft Pvt Ltd reserves the right to change the Fees at any time. Any changes will be effective at the next Renewal Date or as otherwise specified in the Order Form.
8. Intellectual Property Rights
8.1 Company Intellectual Property
All intellectual property rights in the Company Materials, Services, and Platform are owned by Cinesoft Pvt Ltd. Publishers are granted a limited, non-exclusive, non-transferable license to use such intellectual property solely for the purpose of utilizing the Services.
8.2 Publisher Intellectual Property
Publishers retain ownership of their Publisher Content. By uploading Publisher Content, Publishers grant Cinesoft Pvt Ltd a license to use, reproduce, and display such content as necessary for providing the Services.
9. Privacy
9.1 Privacy Policy
Cinesoft Pvt Ltd’s Privacy Policy governs the collection, use, and sharing of Publisher Content and personal information. By using the Services, you agree to the terms of the Privacy Policy.
9.2 Data Protection
Cinesoft Pvt Ltd takes reasonable measures to protect Publisher Content and personal data but cannot guarantee absolute security. Publishers are responsible for maintaining the security of their own data and information.
10. Disclaimers; No Warranty
10.1 Disclaimer of Warranties
The Services are provided on an "as is" and "as available" basis. Cinesoft Pvt Ltd disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
10.2 No Guarantee of Service
Cinesoft Pvt Ltd does not guarantee that the Services will be uninterrupted, error-free, or free from viruses or other harmful components.
11. Termination/Suspension
11.1 Termination for Convenience
Cinesoft Pvt Ltd may terminate or suspend a Publisher’s access to the Services at any time for any reason, including but not limited to a breach of these Terms.
11.2 Effect of Termination
Upon termination, all rights granted to the Publisher under these Terms will immediately cease, and the Publisher must cease all use of the Services.
11.3 Survival
Certain provisions of these Terms, including but not limited to those relating to intellectual property rights, liability, and indemnification, will survive termination.
12. General
12.1 Governing Law & Jurisdiction
These Terms are governed by and construed in accordance with the laws of Ernakulam, India. Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts in Ernakulam.
12.2 Entire Agreement
These Terms, together with the Privacy Policy and any other applicable terms, constitute the entire agreement between the parties concerning the subject matter and supersede all prior agreements and understandings.
12.3 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect
13. Contact Information
For any questions or concerns regarding these Terms or our Services, please contact us at reach@cinesoft.in.
