These Terms of Use (“Terms") applies to the PrimeShots Entertainment (“PrimeShots”) digital platforms including without limitation www.PrimeShots.app and other related websites, mobile applications and other online features that link to this Terms (each a “Site(s)/ App(s)”). These Terms shall apply to the websites, web pages, digital platforms, interactive features, applications, widgets, blogs, social networks, etc., alternative reality worlds or features, or other online or wireless offerings that post a link to these Terms, whether accessed via computer, mobile device or other technology, manner or means. The Site(s)/ App(s) are offered by PrimeShots or other companies associated with PrimeShots (collectively, “PrimeShots,” or “we”, “us”, “our”). These Terms govern your rights and responsibilities in connection with the particular Site(s)/ App(s) that you are using. The term Site(s)/ App(s) includes the content on that Site(s)/ App(s), all of our services provided on or through that Site(s)/ App(s) (the “Services”), and any software that we make available on or through that Site(s)/ App(s) (the ”Software”), unless otherwise specified. You “use” the Site(s)/ App(s) anytime you access (via computer, mobile device or other devices, etc.), view, link to or from, or otherwise interact or communicate with or connect to, the Site(s)/ App(s) (or any parts thereof) or interact or communicate with other users through the Site(s)/ App(s) (including, without limitation, on message boards, chat rooms and/or other communities established on the Site(s)/ App(s)). Your use of the Site(s)/ App(s) (or any part thereof) signifies your agreement to be bound by these Terms and the PrimeShots privacy policy (the “Privacy Policy”), which is hereby incorporated by this reference into these Terms. These Terms constitute a legally binding agreement between you and PrimeShots regarding your use of the Site(s)/ App(s) and the services that allow for the sharing of such content with third party(ies) and access to and/ or view the video, audio, and other content through such Site(s)/ App(s). Do not use the Site(s)/ App(s) if you do not agree with any of the terms contained herein and in the Privacy Policy. By accessing the Site(s)/ App(s) and/ or Services you agree to be bound by these Terms. You hereby represent and warrant to PrimeShots that you are at least eighteen (18) years of age and/or otherwise capable of entering into and performing legal agreements, and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the Site Service, they may do so only with the supervision and prior consent/ permission of a parent or legal guardian, under such person´s account and otherwise subject to these Terms. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member / utilize the Services. Given the nature of the internet, even though the Site(s)/ App(s) is/ are ordinarily (but not always) targeted to Indian residents, it may be accessed in other parts of the world. If you are not an Indian resident and yet use the Site(s)/ App(s), you acknowledge, understand and agree that you are doing so on your own initiative and at your own risk and that it is your responsibility (and not ours) to make sure that your use of the Site(s)/ App(s) complies with all applicable local laws in the jurisdiction from where you access or use the Site(s)/ App(s).
IF YOU ARE ACCESSING THE SITE(S)/ APP(S), BY SUBMITTING YOUR PERSONALLY IDENTIFIABLE INFORMATION ON THE SITE(S)/ APP(S), YOU EXPRESSLY CONSENT TO THE TRANSFER OF SUCH DATA TO INDIA, AND TO THE PROCESSING OF SUCH DATA ON PRIMESHOTS' (OR ITS DESIGNATED VENDORS’) SERVERS, WHERE YOUR DATA WILL BE GOVERNED BY RESPECTIVE LAWS THAT MAY PROVIDE A LOWER (OR DIFFERENT) LEVEL OF DATA PROTECTION THAN YOUR COUNTRY.
PrimeShots reserves the right at its sole discretion, to change, modify and/or add to these Terms or to the Privacy Policy, in whole or in part, at any time. Changes to these Terms or the Privacy Policy will be effective when posted. You agree to review these Terms and the Privacy Policy periodically to become aware of any changes. Your use of the Site(s)/ App(s) or any part thereof after any changes to these Terms or the Privacy Policy are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby. If you object to any such changes, your sole recourse will be to stop using the Site(s)/ App(s).
The content of the Site(s)/ App(s) and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by PrimeShots and/or its licensors or group companies and are protected by applicable Indian and international copyright and other intellectual property laws. You acknowledge, understand and agree that you shall not have, nor be entitled to claim, any rights in and to the Site(s)/ App(s) content/ Services and/or any portion thereof. You agree not to copy, reproduce, duplicate, stream, capture, access through technology or means other than those provided on the Site(s)/ App(s), perform, transfer, sell, resell, download, upload, archive, license to others, edit, modify, manipulate, create derivative works from or based upon (including, without limitation, mash-ups, montages, wallpapers, ringtones, greeting cards, T-shirts or other merchandise), publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the Site(s)/ App(s) or any component part thereof. Any of the unauthorized uses referred to above would constitute an infringement of the copyrights and other proprietary rights of PrimeShots and/or its licensors and a violation of these Terms and may subject you to civil and/or criminal liability under applicable laws.
Subject to these Terms (including, without limitation, the YOUR RESPONSIBILITIES section set forth below), we hereby grant you, if and only to the extent the necessary functionality is provided to you on or through the Site(s)/ App(s), the following limited, revocable, non-exclusive, non-transferable, non-assignable, worldwide, royalty-free rights and licenses (“License”):
Your rights under any one or more of the Licenses set forth above are conditioned upon your compliance with each of the following:
Users hereby acknowledge that certain content on the Site(s)/ App(s) is for use solely by responsible adults over the age of 18 or the age of consent in the jurisdiction from which it is being accessed. There are various genres of content suitable for the consumption by the users below the age of 18 years and also for users above 18 years of age, who have attained the age of majority. Should the user choose to access such content intended for the consumption by the users above the age of 18 years then, , such user shall be making the following representations:
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE(S)/ APP(S) IS AT YOUR SOLE RISK. THE SITE(S)/ APP(S) (AND ANY PORTION OF THE SITE(S)/ APP(S)) IS PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE.” TO THE FULL EXTENT PERMITTED BY LAW, PRIMESHOTS AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). Neither PrimeShots nor any of its affiliates make any warranties or representations about the accuracy or completeness of content available on or through the Site(s)/ App(s) or the content of any web sites, Personal Social Media or other internet or mobile resources linked to the Site(s)/ App(s) and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site(s)/ App(s) (or any parts thereof); (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site(s)/ App(s); (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site(s)/ App(s) (or any parts thereof) by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any User Submissions and/or other Site(s)/ App(s) content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or by means of the Site(s)/ App(s) and/or otherwise through your or any other Site(s)/ App(s) users' exercise of any rights under any of the Licenses granted by PrimeShots herein. PrimeShots reserves the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access to any portion of the Site(s)/ App(s) (including, without limitation any of the Services).
You agree to indemnify and hold harmless PrimeShots and its affiliates and its and their respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable outside attorneys' fees and costs) that such parties may incur as a result of or arising from (i) any of your User Submissions; (ii) your exercise of any of your rights granted under the Licenses without your compliance with your responsibilities set forth in these Terms; (ii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these Terms; (iii) your violation of any person's intellectual property, privacy, publicity or other right; (iv) the violation of any Applicable Laws and/or these Terms by you and/or anyone using your registered account to access and/or otherwise use the Site (in whole or in part); or (v) your willful misconduct or the willful misconduct of anyone accessing the Site through your registered account, in connection with your (and/or such other person's) use of the Site (in whole or in part). PrimeShots reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with PrimeShots in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.
PrimeShots respects the intellectual property rights of others. Upon proper notice, PrimeShots will remove User Submissions (and any other Site(s)/ App(s) content) that violate copyright law. As per the provisions of Information Technology Act, 2000 and any amendments made thereto along with the rules framed there under and the provisions of the Copyright Act, 1957 along with all the amendments made thereto and rules framed there under, PrimeShots shall remove upon receiving written notification of claimed copyright infringement on the Site(s)/ App(s) and for processing such claims in accordance with such law. If you believe a work has been copied in a way that constitutes copyright infringement, please send a notification of claimed infringement (an “Infringement Notification”) that contains all the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the claimed infringing material and information reasonably sufficient to permit PrimeShots to locate the material on the Site(s)/ App(s); (iii) information reasonably sufficient to permit PrimeShots to contact you, such as an address, telephone number, and, if available, an e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) your physical signature.
Legal Department
PrimeShots Entertainment
004, Oshiwara, Andheri West, Mumbai-40005
By submitting an Infringement Notification, you acknowledge and agree that PrimeShots may forward your Infringement Notification and any related communications to any users who posted the material identified in such notice.
The relationship between you and PrimeShots shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of your use of the Services. Notwithstanding the foregoing, you agree that (i) PrimeShots has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum and (ii) any proceeding brought by you shall be exclusively before the courts at Mumbai, India.
If any provision of these Terms shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The failure of PrimeShots to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site(s)/ App(s) or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site(s)/ App(s).
This Policy applies to PrimeShots Site/ App platforms including without limitation www.primeshots.app (https://www.PrimeShots.app) and other related Site/s or App/s, mobile applications and other online features each a “Site/s or App/s”. We have provided extensive information for you to view the packages before choosing to subscribe to us. If you have any questions or reservations, please contact us at support@PrimeShots.app prior to subscribing to our services.
We, being the service providers for contents available through SITE or APP, where you are expected to view packages of your choice after being paid for subscription; unfortunately, all fees to PrimeShots for such services are non-refundable.
However, in a case where a transaction has been completed by you on the Site, and money has been charged to your card or bank account but a Subscription has not delivered within 24 hours of your completion of the transaction then you may inform us by sending us an email on support@primeshots.app or posting us a message on the Contact US page (optional). In such a scenario you will be entitled to a full refund. We request you to include in the email the following details - the mobile number or email id from which registration has been made and Order Number (company Name) shall investigate the incident and if it is found that money was indeed charged to your card or bank account without delivery of the subscription then you will be refunded the money within 7 working days from the date of the receipt of your email.
To be able to view certain premium content (“Premium Content”), you will be required to subscribe to any one subscription plan (“Plan”) of the PrimeShots Site(s)/ App(s) Service viz., the plans available on the Site(s)/ App(s) to be able to access the services which shall be entitled to full fee flexibility, solely at the discretion of PrimeShots.
You may be required to subscribe to the PrimeShots Site(s)/ App(s) Service and such subscription in a particular geographical territory that shall be valid for that territory only and shall not automatically entitle you to access your account from a different geographical territory, unless specifically permitted by PrimeShots. You will be required to re-subscribe to the PrimeShots Site(s)/ App(s) Services in the event that you wish to use the services from a different territory other than the one from where you originally subscribed to the PrimeShots Site(s)/ App(s) Service.
The availability of content(s) to view through PrimeShots Site(s)/ App(s) Service will change from time to time at the sole discretion of PrimeShots. The quality of the display of the streaming video may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection, and/ or quality of user’s hardware. You are responsible for all internet access charges. Please check with your internet provider for information on possible internet data usage charges.
Geographic Limitation: You may watch a video through the PrimeShots Site(s)/ App(s) Service only in geographic locations where PrimeShots offers the PrimeShots Site(s)/ App(s) Service. The content that may be available to view will vary by geographic location. PrimeShots may use technologies to verify your geographic location.
The Privacy Policy (as provided on the Site(s)/ Apps(s)), and any other documents, instructions, etc. included on the Site(s)/ Apps(s) shall be read in conjunction with and shall form an integral part of these Terms of Use.
