Welcome to EROS NOW. We are an online video streaming service. We offer our users access to audio visual entertainment in the form of full length feature films, non-feature film videos, promotional videos, music videos and various other content offered through our website (“Content”). The Content is made available through Internet streaming and is accessible through web browsers on various compatible platforms that are compatible with our System Requirements. The Content, the video streaming of our Content, our website, and any other features, functionalities, applications, materials, or other services offered from time to time by EROS NOW in connection with any of the above, however accessed, are referred to collectively as the “Services” or the “EROS NOW Services”)
The use of the EROS NOW Services is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are incompetent to contract within the meaning of the Indian Contract Act, 1872 are not eligible to use the EROS NOW Services. Without prejudice to the generality of the above, no person under the age of 18 may use or access the EROS NOW Services or the Content or attempt to enter into any transactions on our website.2.2.
4.Privacy and Communications Preferences4.1.
By using or accessing the EROS NOW service, you (i) consent to the use of electronic communications in order to enter into contracts and confirm terms from EROS NOW; (ii) consent to the electronic delivery of notices, policies and records of transactions initiated or completed by you online; and (iii) acknowledge that you have access to the necessary software and hardware to receive electronic records from EROS NOW in connection with transactions initiated or completed by you online. You consent to receiving electronic communications from EROS NOW regarding EROS NOW’s services and you represent that you are not on any Do Not Call / Do Not Disturb registries under the Telecom Unsolicited Commercial Communications Regulations, 2007, the Telecom Commercial Communications Customer Preference Regulations, 2010 or otherwise which preclude us from sending you these communications.
5.Ownership of Intellectual Property5.1.
EROS NOW, its affiliates and its licensors/licensees have, and shall continue to retain, all title, rights and interests in the EROS NOW Services and the Content, including all information, design, layout, text, graphics, logos, designs, photographs, databases, icons, images, audio/video clips, digital downloads, data compilations, graphics, illustrations, configurations, data, data fields, flash presentations, code, underlying technology, content delivery mechanisms, plug-ins and other files and software.5.2.
The EROS NOW Services including the website, the look and feel of the website, the presentation of the Content, user interface, databases and compilations are the sole and exclusive property of EROS NOW.5.3.
“EROS” and “EROS International” are registered trademarks of Eros International Ltd. The EROS NOW logo, gobe.com and erosnow.com are used as trademarks or service marks of Eros International Ltd. The EROS NOW website and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Eros International Ltd. The trademarks, service marks and trade dress of EROS NOW may not be used or reproduced without prior written approval from EROS NOW and may not be used in connection with any product or service that is not affiliated with EROS NOW, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of EROS NOW, or in any manner that disparages or discredits EROS NOW. Other trademarks that appear on the EROS NOW website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EROS NOW. Any images of persons or personalities contained on the EROS NOW website and user interfaces are not an indication or endorsement of EROS NOW or any particular product or our service unless otherwise indicated.
Your limited license as provided is subject to the following conditions:
- The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, for any purpose whatsoever, without EROS NOW’s prior written permission, except as expressly permitted by the limited license;
- You may not may not create any derivative works from the Content or EROS NOW Services (including without limitation, montages, mash-ups, recreations, derivations, screen captures, wallpaper, desktop themes or any other physical or digital material) or republish the Content or EROS NOW Services on any internet, intranet or extranet site or incorporate the Content in any other database or compilation;
- You may not extract, collect, harvest, test or benchmark, through electronic means or otherwise, the EROS NOW Services or any of the Content;
- You may not use the Content or the EROS NOW Services for any purposes competitive with or derogatory to EROS NOW and you may not associate the EROS NOW Services or the Content with, provide links from or display alongside any material that may be vulgar, obscene, pornographic, misleading, defamatory, libellous, offensive, derogatory, threatening, harassing, abusive or violent nature, or such that it is proscribed under applicable law or infringes third party rights;
- You shall not directly or indirectly, through any means whatsoever, permit, abet or assist any access or use of the EROS NOW Services or the Content in a manner not expressly provided or permitted herein; and
- This limited and conditional license may be revoked at any time by EROS NOW.
7.The Use of EROS NOW Services7.1.
We distribute movies and other filmed entertainment and we reserve the right to display and promote the filmed entertainment or other information through our service, including our website and user interfaces, to you in any manner we choose in our sole and absolute discretion. In addition, the EROS NOW service allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the EROS NOW service are those of the respective authors or producers and not of EROS NOW, or its shareholders, directors, officers, or employees or licensors. Under no circumstances shall EROS NOW, or its shareholders, directors, officers or employees or licensors be held liable for any loss or damage caused by your reliance on information obtained through the EROS NOW service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the EROS NOW service.7.2.
The use of the EROS NOW Services and access to the Content are subject to you having the necessary hardware, software and network resources as listed under our System Requirements.7.3.
You may access the EROS NOW Services and Content only in geographic locations where we offer our services. The Content that may be available to watch may vary by geographic location. EROS NOW uses technologies to verify your geographic location and thereby limit your access to content not available in such location.7.5.
From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of content, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
8.Membership and Features
Account Information and Security: When creating your account, you must provide accurate and complete information. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your EROS NOW ready device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions and may be required to compensate EROS NOW for any losses arising out of them. You shall not use another user’s membership account without permission. You must notify us immediately of any breach of security or unauthorized use of your account and you should also report this instance to all your card issuers, as well as your local law enforcement agency. In order to provide you with ease of access to your account and to help administer the EROS NOW service, EROS NOW implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the EROS NOW service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.8.2.
Membership Cancellation: You may cancel your EROS NOW membership at any time. We do not provide refunds or credits for any partial-month membership periods or unwatched Content.8.3.
Change of Features and Content: EROS NOW reserves the right to change, supplement, alter or remove any of its features or Content as it deems fit and a paid membership does not guarantee continued access to such features.8.4.
Fair Use Restrictions: EROS NOW may also place additional fair use restrictions including Restrictions on concurrent connections and time of usage as provided here.8.5.
Advertisements: Some of the services, facilities or features of the EROS NOW Services are supported by advertising revenue and the EROS NOW Services may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the website, queries made through the EROS NOW Services or other information. The manner, mode and extent of advertising by EROS NOW through the EROS NOW Services are subject to change without specific notice to you. EROS NOW takes no responsibility for advertisements or any third party material, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the EROS NOW Services are between you and the advertiser, and you agree that EROS NOW shall not liable for any loss or claim that you may have against an advertiser.8.6.
Promotional Offers: EROS NOW may from time to time, offer certain additional features or discounted access as promotional offers, free of cost or at discounted rates to its users. Such promotional offers are offered by EROS NOW on an “as is” basis without any warranty or obligation regarding such promotional offer, unless expressly provided otherwise. No promotional offer shall be deemed to imply any obligation on EROS NOW to continue to offering such or similar promotional offers. Any promotional offer made available by EROS NOW may not be combined with any other offers.8.7.
User Reviews: We permit you to post reviews of content available through the EROS NOW service. We do not regularly select or review the content posted on the EROS NOW website; however, we reserve the right to reject, remove or edit such content at anytime without notice. You may not post reviews or otherwise disseminate on or through the EROS NOW Services, any content that is unlawful, harassing, libellous, tortious, abusive, offensive, threatening, or obscene, or materials which infringe or violate any third party’s copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred, or that promotes illegal activities or physical harm against anyone. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason.8.9.
Streaming Software/Software Plug-ins: Any software, including any files, images generated by the software, code, and data accompanying the software, used or accessible through this website may be used by you solely for accessing and using this website for purposes expressly stated herein. EROS NOW retains full and complete title to all intellectual property rights and other proprietary rights subsisting in or used in relation to such software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any such software.
9.Billing and Payment9.1.
10.Role of EROS NOW as in Intermediary10.1.
We are an intermediary, as defined under the Information Technology Act, 2000. As part of our obligations under the Information Technology Act, 2000, upon receiving actual knowledge that any information, data or communication link residing in or connected to a computer resource controlled by us is being used to commit an unlawful act, we are required to remove or disable access to such material.10.2.
If you believe your work has been reproduced or distributed through the EROS NOW Services in a way that constitutes copyright infringement or are aware of any infringing material available through the EROS NOW Services or if you have tangible and conclusive information that any of the material made available through EROS NOW is illegal, please notify us through email at: email@example.com.
The notification must be in writing and where the claim relates to one of copyright infringement, the notification must contain a description of the copyrighted work that is claimed to have been infringed, authorization to act on behalf of the copyright owner, details of what material is allegedly infringing, how the infringement has occurred/is occurring, the location of the same within the EROS NOW Services and your contact details. Where the claim relates to one of illegal content, the notification must include tangible and conclusive information that the material made available through the EROS NOW Services is illegal under the laws of India
11.Disclaimers of Warranties and Limitations on Liability11.1.
The EROS NOW Services, including our website and user interfaces, and all Content and software associated therewith, or any other features or functionalities associated with the EROS NOW Service, are provided "as is" and "as available" with all faults and without warranty of any kind. To the fullest extent permissible pursuant to applicable law, we, our affiliates and our licensors make no representations or warranties of any kind with respect to the EROS NOW Services, our website and user interfaces, and all Content and software associated therewith, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.11.2.
EROS NOW assumes no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of any advice, opinion, statement or other content or of any products or services advertised by third parties through the EROS NOW Services. EROS NOW does not make any warranty that the EROS NOW Services or the Content will meet the your requirements, or that the EROS NOW Services or the Content will be uninterrupted, timely, secure, free from be free from errors, interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion, or that defects, if any, will be corrected.11.3.
EROS NOW assumes no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of any advice, opinion, statement or other content or of any products or services advertised by third parties through the EROS NOW Services. EROS NOW does not make any warranty that the EROS NOW Services or the Content will meet the your requirements, or that the EROS NOW Services or the Content will be uninterrupted, timely, secure, free from be free from errors, interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion, or that defects, if any, will be corrected.11.4.
You expressly agree that use and access of the EROS NOW Services, including all Content, data or software distributed by, downloaded or accessed from or through the EROS NOW Services, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download or access of such Content, data and/or software.11.5.
We do not make any representations with respect to the contents and composition of the Content from the EROS NOW service or the descriptions of any movie or TV show content contained on our website and user interfaces. We do not endorse, condone, support or make any warranties regarding accuracy or completentess of any statements, representations, advice, views or opinions contained in any of the Content or advertisements. All such statements, representations, advice, views or opinions may be partly or entirely fictional, exaggerated or false and the licensors of such Content or advertisement are solely responsible for the same.11.6.
EROS NOW may provide the EROS NOW Services, links to web sites operated by other entities. If you use these sites, you may leave this website based on your browser settings and may not be able to complete or may have to re-do certain operations through the EROS NOW Services. If you decide to visit any linked site, it is done so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. EROS NOW makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. The links do not imply that EROS NOW, its affiliates or its licensors sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of EROS NOW.11.8.
The disclaimers provided herein are supplementary to the Legal Disclaimer and neither shall substitute or limit the other.11.9.
IN NO EVENT SHALL EROS NOW BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON THE YOUR INFORMATION HANDLING SYSTEM THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, AND FUNCTIONS OF THE EROS NOW SERVICES, EVEN IF EROS NOW IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES HERETO ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.
Termination: We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. EROS NOW may also impose limits on certain features and services or restrict your access to parts or all of the EROS NOW Services without any notice or liability.13.2.
External Links to this website: All links to the website must be expressly approved in writing by Eros and shall be subject to the following conditions: (i) the link is a text-only link containing only the name “Eros Now”and directs only to http://erosnow.com and not to any other page of the website; (ii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a frame on the linked website; (iii) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by EROS NOW nor be such as to damage or dilute the goodwill associated with the name and trademarks of EROS NOW, its affiliates or licensors; and EROS NOW reserves the right to revoke or alter the terms of such consent to link at any time in its sole discretion.13.3.
Export Control Regulations: You hereby agree to comply with all applicable laws regarding software and the transmission of technical data exported from the country in which you reside13.4.
1.THE RENTAL SERVICE
The EROSNOW Rental Service (“the Service”) offers digitized versions of full length Cinematograph Films in Hindi and other languages, and other video content (collectively, "Digital Content") .The Service allows you to access and view Digital Content in two different ways: by streaming a copy, or by downloading a copy. As indicated on the product detail pages of the Service, some Digital Content may be available for streaming only, some Digital Content may be available for download only, and some Digital Content may be available for streaming and download.
In order to be able to stream or download Digital Content from the Service and to view Digital Content on the Service, you will need to use a personal computer, EROSNOW player, or other device that meets the system and compatibility requirements that we establish from time to time and is otherwise capable of interacting with the Service (each such device shall be referred to as a "Compatible Device"). Some Compatible Devices may be used only to stream Digital Content, some Compatible Devices may be used only to download Digital Content, and some Compatible Devices may be used to stream and download Digital Content. You may download the Digital Content on up to limited two number of Compatible Devices as stated in the Usage Rules. We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.
General. The Service may allow you to: (i) rent Digital Content for viewing over a limited period of time ("Rental Digital Content") and/or (ii) purchase Digital Content for viewing over an indefinite period of time ("Purchased Digital Content”) . Digital Content may be available on the Service as Rental Digital Content, Purchased Digital Content or any combination of those. The Terms on which Digital Content is available on the Service will be indicated on the product detail page for that Digital Content on the Service. From time to time, we may add or remove Digital Content from the Service and may change the Terms on which Digital Content is available on the Service.b.
Usage Rules. Your use of Digital Content is subject to the EROSNOW Rental Service Usage Rules (the "Usage Rules"). The Usage Rules provide important information regarding your use of Digital Content, including the time period during which you are authorized to view different types of Digital Content (the "Viewing Period" for that Digital Content) and limitations on the number and type of Compatible Devices on which each type of Digital Content may be downloaded, streamed, and viewed.c.
License to Digital Content . Subject to your payment of any applicable fees (including applicable taxes) to rent, purchase, or otherwise obtain access to Digital Content, and your compliance with all other terms we specify for Digital Content or the Service, EROSNOW grants you a non-exclusive, non-transferable, non-sub-licensable, limited right and license, during the applicable Viewing Period, to access, view, use and display the Digital Content in accordance with the Usage Rules, for Non-Commercial, Private Use.. As used herein, "Non-Commercial, Private Use" means a presentation of Digital Content for which no fee or consideration of any kind (other than that which you pay to us to view the Digital Content) is charged or received, which takes place in your private home. . Non-Commercial, Private Use specifically excludes any public presentation (e.g., a presentation in a dorm lounge) and any presentation by a place of public accommodation or other commercial establishment (e.g., a bar or restaurant), even if no fee is charged for viewing and/or exhibiting the Digital Content. . We may automatically remove that Digital Content from your Compatible Device after the end of its Viewing Period with or without your consent.d.
It is expressly clarified that you shall not: (i) reproduce the Digital Content in any material form including storing/embedding the Digital Content on any medium by electronic means except as permitted herein; (ii) copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat and/or sell or give on hire any copy of the Digital Content; (iii) alter, remove, deface, erase or amend any copyright notices, trademarks, logos or details; and/or (iv) exercise any of the rights granted to you hereinabove in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation;e.
Availability of Purchased Digital Content . Purchased Digital Content will generally continue to be available to you for download or streaming from the Service, as applicable, but may become unavailable due to potential content provider licensing restrictions and for other reasons, and EROSNOW will not be liable to you if Purchased Digital Content becomes unavailable for further download or streaming. You may download own copy of Purchased Digital Content on a an authorized Compatible Device/s and store such copy for a limited period only.f.
Downloading and Risk of Loss. If you plan to download Digital Content that you purchase or rent, we encourage you to do so promptly after your purchase or rental. If you are unable to complete a download after having reviewed our online help resources, please contact EROSNOW customer service. Once you purchase or rent Digital Content and we make the Digital Content available to you, you are responsible for completing the download, if you choose to download, and for all risk of loss of the Digital Content after download.g.
Streaming. When you stream Digital Content, the resolution and quality of the Digital Content you receive will depend on a number of factors, including the type of Compatible Device on which you are streaming the Digital Content and your bandwidth, which may go up and down over the course of your viewing. If we detect that Digital Content we are streaming to you may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, we may decrease the resolution and file size of the Digital Content we stream to you in an effort to provide an uninterrupted viewing experience. While we strive to provide you a high quality viewing experience, we make no guarantee as to the resolution or quality of the Digital Content you will receive when streaming, even if you have paid extra for access to high definition content.h.
General Restrictions. You may not transfer, copy or display the Digital Content, except as permitted in this Agreement. In addition, you may not: i. sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Digital Content to any third party; ii. remove any proprietary notices or labels on the Digital Content; iii. violate, circumvent, reverse-engineer, decompile, disassemble, disable, bypass, modify, defeat, or otherwise tamper with any digital rights management system used as part of the Service and/or attempt or assist another person to do so ; iv. not to use any modified versions of the Digital Content or obtain unauthorized access thereto. Violations of system or network security may result in civil or criminal liability; , v. use the Service or Digital Content for any commercial or illegal purpose.
4.ALL RENTALS AND SALES FINAL
All purchases and rentals of Digital Content are final. We do not accept returns of Digital Content.
If you fail, or Eros suspects you have failed, to comply with any of the provisions of this agreement, Eros, at its sole discretion, without notice to you may: (i) Terminate this agreement and/or your account and you will remain liable for all amounts due under your account upto and including the date of Termination; (ii) Preclude your access to the Digital Content and/or (iii) preclude access to the Digital Content or any part thereof at any time with or without notice to you.
Eros does not warrant that the service will be uninterrupted or error-free, nor does Eros make any warranty as to the performance of any results that may be obtained by your use of the service or Digital Content. In no event shall Eros be liable to you for any lost, fees, data etc.
7.ACCEPTANCE OF TERMS AND CONDITIONS
By using the Service and/or Digital content, you signify your agreement to the terms and conditions. If you do not agree to the Terms & Conditions , you must not use the Service and/or Digital Content. Eros may change the Terms & Conditions at any time, and your use of Service and/or Digital Content after such changes are posted will mean you accept the terms.
8.GOVERNING LAW & JURISDICTION
These Terms & Conditions shall be construed and governed by the laws of United Kingdom and all disputes, claims and differences arising out of and under these Terms and Conditions shall, in all respects, be subject to and submit to the exclusive jurisdiction of the competent courts in London and no other courts.