Terms and Conditions

Any third-party sites to which the Platform may provide links are not under Footage Firm’s control and it is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. You acknowledge that Footage Firm provides the links to you only as a convenience and it does not endorse the linked sites or their use or content.  

CLAIMS OF INRINGEMENT

If you believe that any Content appearing on the Platform infringes your copyright rights, we want to hear from you. Please forward the following information in writing to the Copyright Agent at the address and/or email address listed below:

• your name, address, telephone number, and e-mail address;
• a description of the copyrighted work that you claim has been infringed;
• the exact URL or a description of each place where alleged infringing material is located;
• a statement by you that you have a good faith belief that the disputed use has not been

authorized by you, your agent, or the law;

• your electronic or physical signature or the electronic or physical signature of the person

authorized to act on your behalf; and

• a statement by you made under penalty of perjury, that the information in your notice is

accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Copyright Agent c/o Genfone Technologies Pvt Ltd. India 500075, and support@playtube.in.  

Footage Firm seeks to preserve any and all exemptions from liability that may be available under the copyright law but does not necessarily stipulate that it is a service provider as defined in U.S.C. Section 512(c) or elsewhere. 

INDEMNITY

You hereby agree to indemnify, defend and hold harmless, Footage Firm and its affiliates and their respective directors, officers, employees and agents from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim, action, or proceeding brought by a third-party based on: (i) your use of, or inability to use, the Platform; (ii) any breach of any representation, warranty, covenant or obligation of yours under these Terms; (iii) your violation of any applicable law or regulation; (iv) any User Content posted by you onto the Platform; or (v) your violation of any third-party right, including, but not limited to, any intellectual property right. Footage Firm shall promptly notify you of any such claim, and Footage Firm shall assume control of the defense of such claim subject to your indemnification. 

GENERAL DISCLAIMERS 

THE PLATFORM AND THE CONTENT ARE PROVIDED "AS IS" AND FOOTAGE FIRM EXCLUDES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. FOOTAGE FIRM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM FOOTAGE FIRM CONTENT, USER CONTENT, OR THE UNAVAILABILITY OF THE PLATFORM OR CONTENT, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS PLATFORM ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT FOOTAGE FIRM, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS PLATFORM OR THE CONTENT. WE MAKE NO WARRANTY THAT THE PLATFORM OR THE CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

Some jurisdictions do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

LIMITATION OF LIABILITY; CLASS ACTION WAIVER

IN NO EVENT SHALL FOOTAGE FIRM, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE PLATFORM, THE SERVICES OFFERED THOUGH THE PLATFORM, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM FOOTAGE FIRM, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FOOTAGE FIRM RECORDS, CONTENT, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FOOTAGE FIRM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE PLATFORM EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO FOOTAGE FIRM FOR ACCESS OR USE OF THE PLATFORM.  

FOOTAGE FIRM GIVES NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARK, LOGO TYPES, REGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART DEPICTED IN ANY CONTENT, AND THE USER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. FOOTAGE FIRM CANNOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION INFORMATION. FOOTAGE FIRM IS NOT RESPONSIBLE AND DISCLAIMS ALL LIABILITY FOR ANY MISUSE OF THE CONTENT BY THIRD PARTIES OR ANY USER.

YOU AND FOOTAGE FIRM AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR FOOTAGE FIRM WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR FOOTAGE FIRM ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND FOOTAGE FIRM FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, FOOTAGE FIRM, AND ALL PARTIES TO ANY SUCH PROCEEDING.

FEEDBACK

If you choose to correspond with us or our employees in any manner with respect to the Platform, including any Content, or any ideas for products, services, features, modifications, enhancements, content, refinements, promotions, or strategies, or product/feature names (collectively, “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending us Feedback, you agree that: (i) Footage Firm has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; (ii) Feedback is provided on a non-confidential basis, and Footage Firm is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and (iii) you irrevocably grant Footage Firm a perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

CONTACT

General questions or comments about the Platform or these Terms should be directed to support@playtube.in.

TERMINATION

The license granted to you in these Terms terminates automatically upon any unauthorized use of the Platform and Footage Firm reserves the right to take any action we deem appropriate in connection with your violation of these Terms, including, without limitation, taking appropriate investigative and legal action for any illegal or unauthorized use of the Platform, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your usage history, IP addresses, and traffic information. You acknowledge that violation of any of the above restrictions may subject you to third-party claims and none of the rights granted to you in these Terms may be raised as a defense against any third-party claims arising from any such violation.

MISCELLANEOUS

Governing Law; Dispute Resolution: These Terms are governed by and construed in accordance with the internal laws of the State of Delaware, without reference to principles of conflicts of laws. Claims shall be heard by a single, neutral arbitrator, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, accompanied by a reasoned opinion of the arbitrator. The place of arbitration shall be Wilmington, Delaware, and the arbitration shall be governed by the laws of the State of Delaware. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. 

No Assignment: You may not assign or transfer these Terms without Footage Firm’s prior written approval. 

No Waiver: No action of Footage Firm, other than express written waiver, may be construed as a waiver of any provision of these Terms. A delay on the part of Footage Firm in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of those rights or remedies on any other occasion.

Entire Agreement: These Terms, the Privacy Policy, and any applicable License Agreement (including any subscription terms referenced therein) constitute all of the terms of the agreement between you and Footage Firm and no term or conditions may be added or deleted unless made in writing and signed by both parties. In the event of any inconsistency between the Terms and any applicable License Agreement, the terms of the License Agreement shall govern.