Terms of Use
Welcome to Flock Entertainment Private Limited, we provide you both free and subscription based service that allows our end users to access entertainment content including movies and series streamed over the internet to certain Devices. These Terms of Use ("Terms of Use") govern your use of our service.
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
The website, www.flockstudio.in and its WAP site and Application is owned, operated and maintained by Flock Entertainment Private Limited.
PLEASE READ THE TERMS CAREFULLY BEFORE USE OF THE FLOCK SERVICES. THESE TERMS CONSTITUTE A LEGAL AND BINDING AGREEMENT BETWEEN YOU (THE END USER OF FLOCK) AND FLOCK ENTERTAINMENT PVT. LTD. (THE OWNER OF FLOCK), AND GOVERN YOUR USE OF FLOCK. BY CHECKING/CLICKING ON THE 'I AGREE' LINK AND/OR BY DOWNLOADING AND/OR INSTALLING AND/OR BROWSING OR USING FLOCK, YOU EXPRESSLY ACCEPT THE TERMS MENTIONED HEREUNDER. IF YOU DO NOT ACCEPT TO THE TERMS, PLEASE DO NOT BROWSE AND/OR DOWNLOAD AND/OR INSTALL AND/OR USE FLOCK.
For the purpose of these Terms of Use, the terms "You" "Your" or "User" shall mean any person, natural or legal who uses or browses FLOCK. The term "We", "Us", "Our" shall mean FLOCK ENTERTAINMENT PRIVATE LIMITED.
FLOCK SUBSCRIPTION PACK UPGRADE T & C
DEFINITIONS
Certain words in this TERMS have a specific meaning and are explained below for YOUR easy understanding:
ELIGIBILITY
FLOCK is available for individuals who are 13 years or above. In India, by browsing or downloading and/or installing and/or using the FLOCK, YOU represent and warrant that YOU are 13+ years of age. If you are a viewer from a country other than India, by browsing or downloading and/or installing and/or using the FLOCK app, YOU represent and warrant that YOU are 13 years of age or above.
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 BELOW THE AGE OF 13. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS BELOW THE AGE OF 13 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 in order to access and use FLOCK and paying for all such charges in relation thereto. Internet charges will depend on the plan subscribed by You from the internet service provider.
FLOCK is compatible on 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 with Internet for download of FLOCK to begin and complete. FLOCK ENTERTAINMENT PVT. LTD. 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). FLOCK ENTERTAINMENT PVT. LTD. shall not be responsible or liable to YOU for interruption, disruption, deactivation of FLOCK on account of any Force Majeure Event. For the purpose of these Terms of Use, “Force Majeure Event” shall mean any event beyond the reasonable control of FLOCK ENTERTAINMENT PVT. LTD. including but not limited to act of God, any act or omission of government or quasi-government agencies or lock out, strike, curfew, technical errors etc. FLOCK ENTERTAINMENT PVT. LTD. may, at its sole discretion, make bug fixes, updates for the installed Application. In the event FLOCK ENTERTAINMENT PVT. LTD. has upgraded the Application or any features thereof, You will be required to update Your Device in order to make the Device compatible with such upgrades. FLOCK ENTERTAINMENT PVT. LTD. shall not be responsible or liable to YOU in the event You are unable to access FLOCK or view the Content on FLOCK due to Your failure to upgrade Your Device.
The Content contained or available on FLOCK 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 FLOCK ENTERTAINMENT PVT. LTD.
REGISTERED USERS
YOU may register YOURSELF as a user of FLOCK and become a registered user of the FLOCK platform ("Registered User"). During the registration process, YOU as Registered User are required to create user name (by using YOUR mobile number) and password.
As Registered User, YOU agree to provide true, accurate, current and complete information during the registration process and to update such information to keep it true, accurate, current and complete. FLOCK ENTERTAINMENT PVT. LTD. reserves the right to suspend or terminate YOUR registration as Registered User without assigning any reason (including for provision of inaccurate, not current or incomplete information during the registration process or thereafter). As 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 to 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. FLOCK ENTERTAINMENT PVT. LTD. will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of YOUR Username and password in any circumstances.
SUBSCRIPTION SERVICES
Some of the Content is only available to users who avail the Subscription Packages. Any Registered User can avail the Subscription Package ("Subscription User"). As Subscription User, You will be required to subscribe to Subscription Packages made available by FLOCK ENTERTAINMENT PVT. LTD. from time to time. The subscription to Subscription Packages may be subject to additional terms specified by FLOCK ENTERTAINMENT PVT. LTD. 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 FLOCK ENTERTAINMENT PVT. LTD. for accessing and browsing FLOCK. 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 FLOCK subscription after the expiry of the initial term of Subscribed Packages, YOU shall prior to expiry of such term, recharge YOUR account with the then prevailing subscription charges.
FLOCK ENTERTAINMENT PVT. LTD. reserves the right to modify or discontinue FLOCK at its sole discretion with or without notice to YOU. FLOCK ENTERTAINMENT PVT. LTD. shall not be liable to YOU or any third party in any manner, should FLOCK ENTERTAINMENT PVT. LTD. exercise its right to modify or discontinue the FLOCK subscription. Further, FLOCK ENTERTAINMENT PVT. LTD. 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 FLOCK service. Further, FLOCK ENTERTAINMENT PVT. LTD. reserves the right to change packaging and introduce base and add on packages and/or offer channels on a-la-carte basis. YOU acknowledge and agree that the Content provided by FLOCK ENTERTAINMENT PVT. LTD. as part of FLOCK is being supplied by third parties and availability of such Content is outside FLOCK ENTERTAINMENT PVT. LTD’s control and can be removed anytime. Additionally, FLOCK ENTERTAINMENT PVT. LTD. shall have the right, but not the obligation, to refrain from providing to YOU any Content in the interest of national security or in 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 FLOCK ENTERTAINMENT PVT. LTD. 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 FLOCK ENTERTAINMENT PVT. LTD’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 own 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 other website(s) maintained or controlled by third parties, and FLOCK ENTERTAINMENT PVT. LTD. does not control such third party website(s) and hence are not responsible for any transactions on such website(s). FLOCK ENTERTAINMENT PVT. LTD. will not be liable for any credit card or debit card or net banking or cash card fraud, and FLOCK ENTERTAINMENT PVT. LTD. will not entertain or address any such grievances or issues. It shall be YOUR obligation to read and understand the Terms of Use of such external payment gateways before using the same. 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. FLOCK ENTERTAINMENT PVT. LTD. 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, FLOCK ENTERTAINMENT PVT. LTD. will not be responsible for any financial loss, inconvenience or mental agony resulting from 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.
FLOCK is available in select countries only. FLOCK ENTERTAINMENT PVT. LTD. would not be held responsible for hindrances in the access and use of FLOCK due to geographical change in YOUR location. Further, YOU will be solely liable for accessing and using FLOCK in the countries of YOUR use.
FLOCK shall have the discretion to make certain or all Content that is a part of the Subscription available to YOU on either one or limited number of end user device concurrently.
OWNERSHIP
The Content on FLOCK and the "FLOCK" word mark and the “FLOCK” design mark, as well as certain other of the names, logos, and materials displayed on or through FLOCK, sound, music, artwork etc, “look and feel” and arrangement of content that constitute trademarks, trade-names, service marks or logos ("Marks") are owned by or licensed to FLOCK ENTERTAINMENT PVT. LTD. and are subject 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 FLOCK or any portion of the FLOCK, including, without limitation, the Content and the Marks, except as authorized by these TERMS or as otherwise authorized expressly in writing by FLOCK ENTERTAINMENT PVT. LTD. 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 FLOCK ENTERTAINMENT PVT. LTD. 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 FLOCK by You shall vest with FLOCK ENTERTAINMENT PVT. LTD. In case of any infringement by YOU, FLOCK shall be entitled to actual and special damages in addition to injunctionary reliefs.
RESTRICTIONS
a.It is hereby clarified that FLOCK 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 FLOCK. YOU shall not translate, reverse engineer, decompile, disassemble Flock. YOU shall only use the FLOCK on Device that is under YOUR exclusive control and ownership. YOU shall not permit any third party to benefit from the use or functionality of FLOCK, either directly or via any facility management, time sharing, service bureau or any other arrangement. If YOU transfer possession of any copy of FLOCK to another party, YOUR subscription of FLOCK shall automatically get terminated. All rights not expressly set forth hereunder are reserved exclusively by FLOCK ENTERTAINMENT PVT. LTD.
b.You are prohibited from using technology or other means to access, index, frame, or link FLOCK, in whole or in part that is not authorized by FLOCK ENTERTAINMENT PVT. LTD.;
c.You hereby agree not to use FLOCK for promoting services of competitors of FLOCK ENTERTAINMENT PVT. LTD.;
d.You hereby expressly agree to use FLOCK in strict compliance with applicable laws;
e.You agree, undertake and confirm that Your use of FLOCK 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:
ii.that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libellous, 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 paedophilia, 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 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 or committing a crime or suicide;
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 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 in India;
xiv.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 to any other nation;
g.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 FLOCK or any Content, or in any way reproduce or circumvent the navigational structure or presentation of FLOCK or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through FLOCK. We reserve the right to bar any such activity.
h.You shall not probe, scan or test the vulnerability of FLOCK website or any network connected to FLOCK nor breach the security or authentication measures on FLOCK or any network connected to FLOCK. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to FLOCK 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 FLOCK or any systems or networks connected to FLOCK.
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 FLOCK or any service offered on or through FLOCK. 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 FLOCK to buy or sell any products or services, including, but not limited to, services being displayed on or related to FLOCK.
l.Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through FLOCK, 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 FLOCK. YOU acknowledge and agree that FLOCK ENTERTAINMENT PVT. LTD. 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 FLOCK ENTERTAINMENT PVT. LTD. 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 FLOCK 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 FLOCK, 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 FLOCK. In case of such mishap, you may report the same to us and we shall as far as plausible try and mitigate the same. 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 FLOCK. Please carefully select the type of information that You publicly disclose or share with others on FLOCK.
TERMINATION
YOUR (User, Registered User or Subscription User) right to use FLOCK shall automatically terminate if YOU violate these Terms of Use or any terms, rules or guidelines published in connection with FLOCK. FLOCK ENTERTAINMENT PVT. LTD. reserves the right, in its sole discretion, to suspend or terminate YOUR access to all or any part of FLOCK, for any reason, with or without notice. To see your subscription end date, click "Payment History" on the "Account" page.
REFUNDS
As Subscription User, YOUR right to use FLOCK shall automatically terminate on the expiry of the term of the Subscription Package. You may discontinue your participation in and access to FLOCK at any time. YOU agree that upon suspension or termination, no amount shall be refunded to YOU by FLOCK ENTERTAINMENT PVT. LTD. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unused content. If you signed up for FLOCK using your account with a third party as a Payment Method and wish to cancel your FLOCK membership, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Flock service through that third party.
FEEDBACK
FLOCK ENTERTAINMENT PVT. LTD. welcomes and encourages YOU to provide feedback, comments and suggestions for improvements to FLOCK ("Feedback"). YOU may submit Feedback by emailing us at support@flockstudio.in. YOU acknowledge and agree that all Feedback will be the sole and exclusive property of FLOCK ENTERTAINMENT PVT. LTD. and YOU hereby irrevocably assign to FLOCK ENTERTAINMENT PVT. LTD. 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 FLOCK ENTERTAINMENT PVT. LTD's request and expense, YOU will execute documents and take such further acts as FLOCK ENTERTAINMENT PVT. LTD. may reasonably request to assist FLOCK ENTERTAINMENT PVT. LTD. to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback. You further acknowledge and agree that FLOCK ENTERTAINMENT PVT. LTD. shall not be under an obligation to take any action pursuant to the Feedback provided by YOU. FLOCK ENTERTAINMENT PVT. LTD. 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 FLOCK ENTERTAINMENT PVT. LTD. harmless against any liabilities that may suffered or incurred by FLOCK ENTERTAINMENT PVT. LTD. as a consequence of any action taken by FLOCK ENTERTAINMENT PVT. LTD. pursuant to Your Feedback.
WARRANTY DISCLAIMER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW OF INDIA, FLOCK 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 FLOCK TO ACHIEVE YOUR INTENDED RESULTS, AND SOLE RESPONSIBILITY FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM FLOCK. WITHOUT LIMITING THE FOREGOING PROVISIONS, FLOCK ENTERTAINMENT PVT. LTD. MAKES NO WARRANTY THAT FLOCK WILL BE ERROR-FREE, VIRUS FREE, OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE FLOCK WILL SATISFY YOUR SPECIFIC REQUIREMENTS OR THAT THE ERRORS WILL BE RECTIFIED. YOU UNDERSTAND THAT FLOCK CAN BE BLOCKED OR MADE INOPERABLE AND FLOCK ENTERTAINMENT PVT. LTD. ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE SAME. FLOCK 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 FLOCK NETWORK COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE (COLLECTIVELY, "HIGH RISK ACTIVITIES"). FLOCK ENTERTAINMENT PVT. LTD. EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS FLOCK ENTERTAINMENT PVT. LTD., 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 FLOCK; (B) YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE FLOCK; (C) YOUR (OR ANYONE USING YOUR ACCOUNT'S) VIOLATION OF THESE TERMS; OR (D) YOUR (OR ANYONE USING YOUR ACCOUNT'S) 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. FLOCK ENTERTAINMENT PVT. LTD. 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 FLOCK ENTERTAINMENT PVT. LTD. IN ASSERTING ANY AVAILABLE DEFENSES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL FLOCK ENTERTAINMENT PVT. LTD. 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 FLOCK, 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 FLOCK ENTERTAINMENT PVT. LTD., AND EVEN IF FLOCK ENTERTAINMENT PVT. LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FLOCK ENTERTAINMENT PVT. LTD. BE LIABLE FOR ANY DAMAGES IN EXCESS OF YOUR LAST RECHARGE AMOUNT FOR FLOCK. 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
FLOCK ENTERTAINMENT PVT. LTD. is a company based in India. FLOCK ENTERTAINMENT PVT. LTD’s goal is to bring to YOU as much Content as is legally available. That said, FLOCK ENTERTAINMENT PVT. LTD. is limited by the rights that FLOCK ENTERTAINMENT PVT. LTD’s content licensors grant to FLOCK ENTERTAINMENT PVT. LTD. Using technologies to access the Content from territories where FLOCK ENTERTAINMENT PVT. LTD. does not have rights or does not offer services is prohibited. By browsing or using FLOCK, YOU hereby acknowledge that FLOCK ENTERTAINMENT PVT. LTD. is not responsible or liable in any manner to comply with any local laws of YOUR territory except India with respect to FLOCK. Further, YOU hereby agree that by usage of FLOCK, YOU undertake the responsibility and liability with respect to viewing the Content of FLOCK 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.flockstudio.in/privacy-policy
RELATIONSHIP
The relationship between FLOCK ENTERTAINMENT PVT. LTD. and You is on a principal-to-principal basis. You are in no way FLOCK ENTERTAINMENT PVT. LTD.’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 FLOCK is 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 FLOCK, including, but not limited to, the object code components, provided to YOU is "Confidential Information" of FLOCK ENTERTAINMENT PVT. LTD. 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 FLOCK ENTERTAINMENT PVT. LTD'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. FLOCK ENTERTAINMENT PVT. LTD. 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 by a Court of law, the enforceability of the remaining provisions shall in no way be affected or impaired thereby.
WAIVER
The failure of FLOCK ENTERTAINMENT PVT. LTD. to enforce or to exercise at any time or for any period any term of or any right pursuant to these Terms of Use shall not be construed as a waiver of any such right and shall in no way affect FLOCK ENTERTAINMENT PVT. LTD’s right later to enforce or exercise it.
ELECTRONIC COMMUNICATION
When You use or send any data, information or communication to FLOCK ENTERTAINMENT PVT. LTD., You agree and understand that You are communicating with FLOCK ENTERTAINMENT PVT. LTD. through electronic records and You consent to receive communications via electronic records from FLOCK ENTERTAINMENT PVT. LTD. periodically and as and when required. FLOCK ENTERTAINMENT PVT. LTD. 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 FLOCK ENTERTAINMENT PVT. LTD. which will be deemed adequate service of notice / electronic record.
NOTICE
Any notices or other communications required will be in writing and emailed to FLOCK ENTERTAINMENT PVT. LTD. at support@flockstudio.in or at Raheja Towers, Delta Wing, Unit 705 177, Anna Salai, Chennai, Tamil Nadu- 600002. 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 with respect to any Content on FLOCK, please write to us at support@flockstudio.in 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 to confirm the authenticity of the complaint made. Based on the complaint raised, we will take reasonable measures to resolve the issue. You hereby expressly agree that FLOCK ENTERTAINMENT PVT. LTD. shall under no circumstance shall be liable to You for any damages whatsoever. Further, You hereby expressly agree that FLOCK ENTERTAINMENT PVT. LTD. 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 FLOCK ENTERTAINMENT PVT. LTD. in this regard shall be at the sole discretion of FLOCK ENTERTAINMENT PVT. LTD.
If You have any claims with respect to the ownership of Content transmitted through FLOCK, please follow the “Ownership Claims and Dispute Resolution Mechanism” at www.flockstudio/privacy-policy.
LAW & DISPUTES
These TERMS and all matters arising from it are governed by and construed in accordance with the laws of India and courts of Chennai, 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 and all prior ‘Terms of Use’. FLOCK ENTERTAINMENT PVT. LTD. shall not be bound by or liable to YOU for any pre-existing or contemporaneous written or oral representations or warranties, made by anyone, with respect to FLOCK, including any authorized agents, employees, or representatives.
FLOCK ENTERTAINMENT PVT. LTD. 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. FLOCK ENTERTAINMENT PVT. LTD. 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 FLOCK after the Updated Terms of Use have been published, YOU affirm YOUR agreement to the Updated Terms of Use.
As long as you comply with the Terms of Use hereinabove, FLOCK grants you a non exclusive privilege of accessing FLOCK.
CONTACT
If you have any questions about these Terms of Use, please contact FLOCK ENTERTAINMENT PVT. LTD. at support@flockstudio.in
Last updated on 1st October 2021.