By creating an account, uploading Films/videos, making a purchase, downloading our software, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically and no further signatures required. If any of the terms found on the website is not acceptable to you, you should not create account and/or use any of our services.
If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account. By creating the account on behalf of the entity, you confirm that you have such authorisation and terms and conditions of our services have been approved and accepted by the entity.
We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.
You must create an account to use features we offer (e.g., uploading or live streaming videos or offering videos on demand). To do so, you must provide all the information as asked on account creation page. By creating an account, you agree to receive communication from ABC Talkies at the email address and mobile number provided.
Corporate, governmental, and other organizational users must publicly display the legal name of their entity on their public account profile.
You must be at least 18 years old or the applicable age of majority in your jurisdiction, whichever is greater, to create an account or otherwise use our Services. If you wish to use the Services for a commercial purpose, you must be at least 18 years old. Individuals under the applicable age may use our Services only through a parent or legal guardian’s account and with their involvement. Please have that person read this Agreement with you and consent to it before proceeding.
By granting your child permission to use the Services through your account, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.
You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
We provide online on demand films, videos, audios and video/audio hosting, sharing and related services through our owned-and-operated websites, including ABCTalkies.com, our branded applications for mobile and connected devices (collectively, the “services” or “Platform”). Video/Audios and other entertainment material hosted on our services are collectively referred to as “Contents”.
Service License: Subject to the terms hereof, we grant you access to our Services. Our Services include:
Hosting your film on our website whether for free viewing or paid viewing. The discretion for making a Film available for Free Viewing or Paid Viewing shall be exercised at the time of uploading the film. However, you have the option to change the viewing category rights at any time with prior intimation to us. The Server Charges and. other charges as applicable shall be payable by you.
Make available your film/video/audio to be available for viewing as part of the different subscription plan as may be offered by ABC Talkies as part of its services. Charges payable to you in such cases shall be mutually agreed between you and ABC Talkies.; and
Use all related functionality that we may provide.
By agreeing to use the services to agree to abide by, along with other terms and conditions as contained in present agreement, following terms and conditions,
The content you upload shall be available on the services for a minimum period of 180 days (one hundred eighty days).
The per viewing price of each content (“Ticket price”) shall be fixed through “Ticketing Module” on the platform. The ticket price shall have pre defined components which includes Applicable GST, Convenience Fees, Server Cost/Opex Cost and other charges due to ABC Talkies and revenue due to you, for which you understand clearly and that you shall be eligible to claim your revenue share from ABC Talkies. Your revenue share that you quote in the Ticketing Module shall be reasonable.
You agree that Ticket price once fixed for any content will be maintained, however it can be changed mutually with ABC Talkies.
Ticket Pricing during promotional campaigns: ABC Talkies, may from time to time, run promotional campaigns during which ABC Talkies may offer views to its users free of charge and in such cases the Ticket price for the users shall be nil. During such promotional campaigns, which may be based on first threshold number of users (e.g. first 500 users) or may be based on number of days (e.g. for 15 days or till a particular date). If the ticket price is zero or below the operational cost of ABC Talkies, revenue shall accrue to you at rate mutually agreed with ABC Talkies in writing.
You agree that for all charges payable to you by ABC Talkies, you will raise an invoice only on monthly basis and payment for the undisputed invoice shall be subject to acceptance by ABC Talkies and deduction of applicable withholding tax, GST etc. In case you charge GST on your Invoices, same shall be paid to you by ABC Talkies once you submit proof of payment of GST to the Govt account and input of the same is available to ABC Talkies.
You expressly agree that during the time your contents are hosted on Services or for any other duration as may have been agreed with ABC Talkies, you cannot sell or distribute your content to any other platform or theatre. Breach of this term shall make you liable to pay such percentage of revenue generated through such breach as if such revenue accrued on ABC Talkies platform.
For any contents that you host or may on the services, ABC Talkies has the right to promote such content to increase its popularity or viewership. You agree to provide such merchandise as may be necessary including teasers, trailers, snapshots, briefs for such promotion at your own cost.
ABC Talkies may also approach you for promoting your content on cost sharing basis and in such case ABC Talkies will have separate agreement with you which shall provide for
The cost payable by you for such promotion.
Exclusive license to commercially exploit the intellectual property subsisting in the content for a period as agreed.
ABC Talkies shall have right to market your content in such manner as it may deem fit which may include selling or assigning the rights in Content to other OTT or third party services. In case of any commercial offer or proposal in this regard, such offer or proposal shall be finalised with your consent and agreement.
You can review the comments posted by the Users against your contents and shall have the option to report the comment to us or and you can also contact the user to understand his grievances. If for any reasonable ground any comment found to be against the ABC Policies or in Violation of law, ABC Talkies shall have discretion of moderating or removing such comment.
You retain ownership rights in your Content. However, we do require you to grant certain rights to ABC Talkies and other users of the Service, as described below.
By providing Content to the Service, you grant to ABC Talkies a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it). ABC Talkies may only use that Content in connection with the Service and ABC Talkies’s (and its successors’ and Affiliates) business, including for the purpose of promoting and redistributing part or all of the Service.
You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display and perform it, only as enabled by a feature of the Service (such as video playback). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.
The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that ABC Talkies may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.
After retaining it for the agreed minimum period, You may remove your Content from the Service at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by these terms.
If we reasonably believe that any Content is in breach of this Agreement or may cause harm to ABC Talkies, our users, or third parties, we may remove or take down that Content in our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for ABC Talkies or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, ABC Talkies or our Affiliates.
We may allow you to upload, live stream, submit, or publish (collectively, to "submit") content such as videos, recordings, images, and text (collectively, "content"). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 5. ABC Talkies may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. ABC Talkies may remove or limit access or availability to any content or account that it considers in good faith to violate this Acceptable Use Policy.
You must only upload content that you have the right to upload and share. Copyright owners may send ABC Talkies a takedown notice as stated in our Copyright Policy if they believe ABC Talkies is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.
You may not submit any content that:
Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
Is sexually explicit or promotes a sexual service;
Is harassing or abusive;
Contains hateful or discriminatory speech;
Promotes or supports terror or hate groups;
Contains instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
Exploits or endangers minors;
Depicts or encourages self-harm or suicide;
Depicts (1) unlawful real-world acts of extreme violence, or (2) animal cruelty or extreme violence towards animals;
Promotes fraudulent or dubious money-making schemes, proposes an unlawful transaction, or uses deceptive marketing practices;
Contains false or misleading claims about (1) vaccination safety, or (2) health-related information that has a serious potential to cause public harm;
Contains false or misleading information about voting;
Contains conspiracy-related content where the underlying conspiracy theory makes claims that (1) suggest that a real-world tragedy did not occur, or (2) violate other content restrictions; or
Violates any applicable law.
In using our Services, you may not:
Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
Act in a deceptive manner or impersonate any person or organization;
Harass or stalk any person;
Harm or exploit minors;
Distribute “spam” in any form or use misleading metadata;
Collect personal information about others;
Access another’s account without permission;
Use or export any of our services in violation of any U.S. export control laws;
Engage in any unlawful activity;
Embed our video player on or provide links to sites that contain content prohibited by Section 5.2; or
Cause or encourage others to do any of the above.
You will not:
Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
Submit any malicious program, script, or code;
Submit an unreasonable number of requests to our servers; or
Take any other actions to manipulate, interfere with, or damage our Services.
For each piece of content that you submit to or through ABC Talkies, you represent and warrant that:
You have the right to submit the content to ABC Talkies and grant the licenses herein;
ABC Talkies will not need to obtain licenses from any third party or pay royalties to any third party with respect to the streaming or other permitted distribution of the content;
You have obtained all requisite certification and govt approvals, if any applicable, for offering the content on the services.
You have obtained appropriate releases (if necessary) from all persons who appear in the content;
The content does not, and will not, infringe any third party's rights, including intellectual property rights, rights of publicity, moral rights, and privacy rights; and
The content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless ABC Talkies and its subsidiaries, parents, and affiliates, and their and our respective directors, officers, employees, and agents, from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, arising from or relating to: (a) the content you submit to or through the Services; and (b) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.
This Agreement begins when you first use our Services and continues so long as you use our Service or have an account with us, whichever is longer. With respect to users who do not have any activity in their account for six months (a) ABC Talkies may terminate this Agreement at any time by providing thirty (30) days’ written notice, and (b) applicable users may terminate at any time by deleting their accounts.
If you breach this Agreement, ABC Talkies may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account or any content within it; and (c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If ABC Talkies deletes your account for breach, you may not re-register.
In the event of any termination or expiration, the following sections will survive:
“Indemnification”, “Disclaimers”, “Limitation of Liability”, “Disputes, Arbitration, and Choice of Law”,.
ABC Talkies provides the services on an “as is” and “as available” basis. you use the services at your own risk. you must provide your own device and internet access.
Except as expressly set forth herein, and to the extent permitted by applicable law, ABC Talkies disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. among other things, ABC Talkies makes no representations or warranties:
That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, completely secure, or accessible from all devices or browsers;
That we will host, make available, or remove any specific piece of content;
Concerning any content submitted by or actions of our users;
That any geo-filtering or digital rights management solution that we might offer will be effective;
That our Services will meet your business or professional needs;
That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or
Concerning any third-party websites and resources.
To the extent permitted by applicable law: (a) ABC Talkies shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including damages for loss of business, profits, goodwill, data, or other intangible losses, even if ABC Talkies has been advised of the possibility of such damages; and (b) ABC Talkies's total liability to you, except for ABC Talkies’s contractual and admitted payment obligations hereunder (if any), shall not exceed the amounts paid by you to ABC Talkies over the six (6) months preceding your claim(s) or INR 5,000, whichever is greater.
We may modify this Agreement, for example, to reflect changes to our Service or for legal, regulatory, or security reasons. ABC Talkies will provide reasonable advance notice of any material modifications to this Agreement and the opportunity to review them except that, where legally permitted, modifications addressing newly available features of the Service or modifications made for legal reasons may be effective immediately without notice. Modifications to this Agreement will only apply going forward. If you do not agree to the modified terms, you should remove any Content you have uploaded and discontinue your use of the Service.
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
Neither Party shall be deemed in default for any delay or failure to fulfill any obligation hereunder so long as and to the extent to which any delay or failure in the fulfilment of such obligation is prevented, frustrated, hindered, or delayed as a consequence of circumstances of a Force Majeure event. The term Force Majeure shall be understood to mean and include any event beyond the control of the Party claiming protection under this Section, including acts of God, acts of civil or military authority, embargoes, epidemics, pandemics, war, riots, insurrections, fires, explosions, earthquakes, hurricanes, blizzards, floods, terrorism, sudden and unusually extreme weather conditions, and/or organized labor problems.
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
All disputes, claims, suits and actions arising out of this Agreement or its validity will be finally decided in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996. The venue for arbitration shall be at Gurgaon, Haryana, India. To settle the dispute arising under this agreement, the dispute shall be referred to a sole arbitrator to be appointed with the consent of both parties. The language of arbitration shall be in English. The award of the tribunal shall be final.
In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.
Indian law will govern all disputes arising out of or relating to these terms or the Service, regardless of conflict of laws rules. These disputes will be resolved exclusively in the Courts at Gurgaon, Haryana, and you and ABC Talkies consent to personal jurisdiction in those courts.
Effective as of February 17, 2021