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”). Video/Audios and other entertainment material hosted on our services are collectively referred to as “Contents”.
Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.
By accepting this Agreement, you affirm that you are 18 years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. In case you are below 18 years of age, you must have Permission by Parents or Guardian as provided below.
If you are considered a minor in your country, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.
If you are a parent or legal guardian of a minor in your country, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.
If you are using the Service on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
You exercise control on your ABC Talkies user account through use of the User's password and therefore to maintain exclusive control, you should not reveal your password to anyone, and should maintain control over the devices that are used to access the ABC Talkies service. The ABC Talkies service and any content viewed through the service are for your personal and non-commercial use only and must not be shared with anyone. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the ABC Talkies website and not through a hyperlink in an email or any other electronic communication, even if it looks official. ABC Talkies reserves the right to place any account on hold anytime with or without notification to the subscriber or member in order to protect itself and its affiliates from what it believes to be fraudulent activity.
The content on the Service includes videos, audio (for example music and other sounds) (collectively, "Content”). Content is the responsibility of the person or entity that provides it to the Service. ABC Talkies is under no obligation to verify the content for same being in violation of any law, copyright, morality, religion or any govt or court orders. If you see any Content you believe does not comply with this Agreement, including by violating the Copyright or the law, you can report it to us.
The following restrictions apply to your use of the Service. You are not allowed to:
access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any Content except: (a) as expressly authorized by ABC Talkies or the Content Owner; or (b) with prior written permission from ABC Talkies or the Content Owner;
circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) allows the copying or other use of Content or (b) limit the use of the Service or Content;
access the Service using any automated means (such as robots, botnets or scrapers) except with ABC Talkies Talkies’s prior written permission;
collect or harvest any information that might identify a person (for example, usernames), unless permitted by that person or allowed under section (3) above;
use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service).
ABC Talkies is constantly changing and improving the Service. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of our Service, prevent abuse, or comply with legal requirements.
Certain sections of the Services may require payment in advance to access such services which may include video/audio on demand or monthly/quarterly/half yearly/annually subscription plan. Payment of such services shall be required to be made through the payment options available on our Website. For making such payment you may be directed to other third party services including payment gateway. You must go through the terms and condition as provided on such third party services before using the third party services.
Payments are accepted only through payment options provided at the website of ABC Talkies. Prices for any Paid Service may change at any time, and we do not provide price protection or refunds in the event of a price reduction or promotional offering. You agree to pay for any Paid Service that you order. Payment shall be deemed received only when same is confirmed by our bank or payment gateway service provider (collectively referred to as our payment system) and same will reflect in payment section of your account on our services. There are many factors which may result in payment processed by you not being credited to our payment system . In case of any issue you should contact your bank or you may write to us too on email@example.com.
Taxes mean any duties, statutory levies, withholding taxes, indirect taxes or any other taxes associated with the subscription of any Paid Service, including any related penalties or interest. You are responsible for any Taxes and must pay for Paid Service without any reduction for Taxes.
If we are obligated to collect or pay Taxes in connection with the Paid Services, the Taxes will be charged to you. You must comply with any and all applicable tax laws, including the reporting and payment of any Taxes arising in connection with your subscription of Paid Services.
You can cancel your purchase and receive a refund if you have not commenced using the relevant Paid Service ordered. For rented movie which is available to you for 48 hours of unlimited viewing you can cancel the purchase within 15 min of purchase provided you have not started watching the movie. For any paid subscription for a duration upto one month, you can cancel the subscription within 24 hours of purchase provided you have not started watching the contents under your subscription. For any paid subscription for a duration more than one month, you can cancel the subscription within 48 hours of purchase provided you have not started watching the contents under your subscription. Please note that if your order includes a free trial (as described below), the cancellation period for requesting a refund begins at the beginning of the free trial, not when you are subsequently billed for the Paid Service. Requests for refunds must be directed to our customer support team by writing to firstname.lastname@example.org. We reserve the right to approve or deny refund requests. Refund request submitted shall be processed within 15-25 days post verification of details submitted by you. Refund shall be made only to the account through which payment was made to us and under no circumstances refunds shall be made in any other mode.
If you purchase a subscription to a Paid Service that automatically renews, you may cancel the subscription any time before the end of the current billing period and the cancellation will take effect on the next billing period. You will retain the access to the Paid Service from the time you cancel until the start of the next billing period, and will not receive a refund or credit for any remaining days in your current billing period.
We may offer free trials to new Paid Service subscribers. If you purchase a subscription to a Paid Service that includes a free trial, you will receive such Paid Service free for the duration of the free trial period. At the end of the applicable free trial period, you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. To avoid any charges, you must cancel before the end of the free trial period.
Certain types of Paid Services allow you to purchase or rent individual items of content made available by third parties. You may view rentals or purchases when online, with a broadband connection and logged onto your ABC Talkies account. Due to restrictions from our content providers, purchased or rented content may not be available for purchase or playback outside of the territory where you completed your transaction.
When you rent content, you may view such item of content an unlimited number of times during the period of time displayed at the time of your payment ("Viewing Period") and noted in your confirmation email. Pausing, stopping, or rewinding an item of rented content will not extend your applicable Viewing Period. Each item of rented content may have a different Viewing Period, so please review the Viewing Period before you complete your transaction. Rented content may only be viewed on one device at a time.
Certain types of Paid Services may allow you to access certain contents on the Services made available by third parties, each containing a variety of content, in exchange for a one-time or recurring subscription fee. When you purchase a subscription, you will have access to stream any content currently available within that subscription an unlimited number of times. Our partners may decide to periodically update the content they make available in the subscription, and some items of content may either become unavailable or be made available for free when this happens. You may only view content within a subscription when you are online, with a broadband connection and logged into your ABC Talkies account. Due to restrictions from our content providers, subscription content may not be available for playback outside of the territory where you completed your transaction.
Your use of the Services must be only for personal, non-commercial use. You agree not to use any Service, in whole or in part in connection with any public presentation even if no fee is charged (except where such use would not constitute a copyright infringement). You are receiving a non-exclusive license to the Service and all rights, title and interest in the Services (including any content offered through the Services) not expressly granted to you in these Terms are reserved by ABC Talkies and its licensors. If ABC Talkies reasonably determines that you violated any of the terms and conditions of the Paid Service Terms, your rights under this Section will immediately terminate and ABC Talkies may terminate your right to use the Service and/or your ABC Talkies account without notice and without refund, if any, to you.
You may stop using the Service at any time. You have the option to delete your account by visiting your profile section of your account. You should copy and save your personal information before deleting your account as we do not preserve any data of the deleted accounts. Any point or coins or money standing to your credit in your account shall lapse and same cannot be restored after deletion of account from our services.
ABC Talkies may suspend or terminate your use of the Services if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, ABC Talkies or our Affiliates.
ABC Talkies may terminate your use of the Services if ABC Talkies believes, in its sole discretion, that provision of the Service to you is no longer commercially viable.
We will notify you with the reason for termination or suspension by ABC Talkies unless we reasonably believe that to do so: (a) would violate 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. Where ABC Talkies is terminating your use for Service changes, where reasonably possible, you will be provided with sufficient time to copy your Content from the Service or use any expired credit standing in your account.
If you believe your ABC Talkies account has been terminated in error, you can write to us at email@example.com
By agreeing to create your account with ABC Talkies, you represent that you have read, understood and agree to be abide by the terms of Copyright Policy provided on the website of ABC Talkies.
Other than as expressly stated in this agreement or as required by law, the service is provided “as is” and ABC Talkies does not make any specific commitments or warranties about the service. for example, we don’t make any warranties about: (a) the content provided through the service; (b) the specific features of the service, or its accuracy, reliability, availability, or ability to meet your needs;
Except as required by applicable law, ABC Talkies, its affiliates, officers, directors, employees and agents will not be responsible for any loss of profits, revenues, business opportunities, goodwill, or anticipated savings; loss or corruption of data; indirect or consequential loss; punitive damages caused by:
errors, mistakes, or inaccuracies on the service;
personal injury or property damage resulting from your use of the service;
any unauthorized use of the service;
any interruption or cessation of the service;
any viruses or malicious code transmitted to or through the service by any third party;
any content whether submitted by a user or ABC Talkies , including your use of content; and/or
the removal or unavailability of any content.
this provision applies to any claim, regardless of whether the claim asserted is based on warranty, contract, tort, or any other legal theory.
To the extent permitted by applicable law, ABC Talkies and its affiliates’ total liability for any claims arising from or relating to the service is limited to the greater of: (a) the amount you spent on accessing the services by making payment to ABC Talkies in the 12 months before the date of your notice, in writing to ABC Talkies, of the claim and (b) INR 5000, whichever is higher.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless ABC Talkies, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us or post online. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ABC Talkies shall not be deemed in default for any delay or failure to fulfill any obligation hereunder or provide any services or process the refund 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 ABC Talkies including, acts of God, acts of civil or military authority, Server failure, internet failure, major power breakdown, embargoes, epidemics, pandemics, war, riots, insurrections, fires, explosions, earthquakes, hurricanes, blizzards, floods, terrorism, sudden and unusually extreme weather conditions, and/or organized labor problems.
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.
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).
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.
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.
Effective as of February 22, 2021