This Platform is operated by the Mumbai Academy of Moving Image (“Platform”). Please read these Terms and Conditions carefully before using the Platform. By accessing any part of the Platform, you shall be deemed to have accepted these Terms & Conditions in full. If you do not accept these Terms and Conditions, you must leave the Platform immediately.
‘Jio MAMI’, ‘we’ and ‘us’ means Mumbai Academy of Moving Image.
‘Compatible Device(s)’ means a device satisfying the minimum system (hardware, software and internet connection) requirements required to be compatible with the Platform, as listed in these terms.
‘Member’ means a person who has registered on the Platform, while supplying the requisite information and has accepted the terms and conditions for membership of the Platform and that the term Membership has a corresponding meaning.
‘Member Account’ means an account held by a Member of the Platform for the purposes of buying or renting Platform Content through the Platform.
‘Platform’ means the Membership-based, online digital content delivery / broadcasting platform provided by us (and/or by our third-party service providers on our behalf) and includes all pages of and all information, material, text, graphics, and facilities on the Platform at online.mumbaifilmfestival.com, but does not include the Platform Content.
‘Platform Content’ means a film or TV series or an episode of a TV series or any other digital product or media content provided by us for viewing on the Platform.
‘Rental Content’ means Platform Content that has been rented by a Member and is available for viewing for a specific time period.
‘Purchased Content’ means Platform Content that has been purchased by a Member and is available for viewing for an indefinite time period, or for as long as the Member holds a Member Account.
2. Acceptance of Terms
These terms form the basis on which you agree to use Jio MAMI’s Platform to buy or rent the Platform Content.
These terms represent a legally binding agreement between you and Jio MAMI. By using the Platform (which includes accessing the Platform, creating an account, and/or buying or renting any Platform Content), you accept these terms and agree to abide by them.
We reserve the right to change these terms. If we do so, then prior to any subsequent purchase of any Platform Content, you will receive an email notifying you of the updated terms to the email address you provided while creating your account. In the event, you choose to use the Platform at any point on or after three (3) days from the receipt of such email, the revised terms and conditions shall be deemed accepted by you.
3. Use of the Platform
The Platform permits you to buy or rent our Platform Content for broadcasting /viewing/ accessing online digital content in accordance with these terms, including any terms specific to particular Platform Content.
To buy or rent any Platform Content, you must be 18 years or older, and access the Platform from a location within the territory of India. You agree not to use or attempt to use the Platform or Platform Content from outside the territory of India. We reserve the right to use geo-filtering / geo-blocking technologies to verify your compliance and are entitled to block or prevent access to the Platform outside the territory of India.
You are solely responsible for ensuring that all persons, who are accessing the Platform and Platform Content through your Membership, comply with these terms and conditions.
4. Technology Requirements
You are responsible for making all arrangements necessary for you to access the Platform including ensuring you employ technology capable of utilising the Platform. Use of the Platform requires Compatible Devices (as disclosed in clause 5 hereunder), certain software (fees may apply) and internet access. Use of the Platform may be affected by the performance of these factors and these requirements are subject to change at any time. We will use reasonable endeavours to give you prior notice of any changes. We shall not under any circumstances be held responsible for any device being unable to use the Platform
5. Compatible Devices and Software
The system requirements are detailed in the Help page.
You acknowledge that the Platform may not work on all Compatible Devices set out at Help Page, particularly older devices, browsers and/or operating systems. We shall not be liable for any costs, charges or expenses, borne by a Member or any other user of the Platform, to bring their devices in compliance with this Clause.
High-speed internet access is strongly recommended.
6. Purchase and Payment
To use the Platform and to buy or rent Platform Content you must register and become a Member and agree to these terms and conditions. Once you become a Member you can elect to buy or rent the Platform Content. The fees to buy or rent Platform Content are specified on the Platform and will be indicated to you before you confirm payment. Fees are subject to change from time to time without prior notice. Once you have submitted your order for the purchase or rental of any Platform Content you will not be able to cancel your order.
If you suspect there has been a fraudulent credit card transaction recorded in respect of the Platform you must contact Jio MAMI directly within 48 hours of the occurrence of such an event to resolve your complaint. Jio MAMI will cooperate with the third-party payment gateway to provide reasonable assistance in resolving any complaint.
Jio MAMI accepts no liability for any losses you may incur as a result of any breach of terms either by yourself or by our third-party payment provider and if you have any complaints regarding the payment process you need to raise these with Jio MAMI directly.
7. Member Accounts
Set out below are some important details about your Member Account:
- Don’t reveal your account information to anyone else; A Member Account is personal, and only such a person whose details are entered at the time of registration may access the account. Sharing the Member Account details with any other person shall be deemed a material breach of these terms and conditions.
- You are solely responsible for maintaining the confidentiality and security of your Member Account and for all activities that occur on or through your Member Account;
- You agree to immediately notify Jio MAMI of any security breach of your Member Account.
- Jio MAMI shall not be responsible for any losses arising out of the unauthorised use of your Member Account;
- If you create a Member Account and/or use the Platform on someone else’s behalf, you warrant that you have that person’s authority to do so. You also accept all liability and the consequences for any breaches of these terms and conditions resulting from any unauthorised activity you conduct.
You shall not access or attempt to access a Member Account that you are not authorised to access.
You agree to provide accurate and complete information when you become a Member and as you use the Platform and you agree to timely update such information to keep it accurate and complete.
8. Buying and Renting Platform Content
Platform Content is available to Members to buy or rent for streaming via the Platform. Platform Content is only available within India.
The Platform Content will be available to you to start viewing on Compatible Devices upon successful payment for the Platform Content and subject to the speed of your internet connection and as follows:
(i). Renting Platform Content
- Rental Content will be available for you to view immediately from confirmation of payment of the rental fee for the period of time specified on the Platform.
- You may stop, play, pause and rewind the Rental Content, however, stopping, pausing, or restarting Rental Content does not extend the permitted rental time for viewing. You may discontinue your viewing and resume later within the permitted rental time.
- Rental Content may be viewed for an unlimited number of times during the rental period, or till the cessation of Membership on the Platform, or on the Platform ceasing its operations, whichever earlier.
(ii). Buying Platform Content
- The purchase of Purchased Content shall grant a Member a revocable license to access the Purchased Content for an indefinite period of time, but solely while the Member continues to be a Member of the Platform and shall be deemed revoked immediately upon the Platform ceasing operation. The Purchased Content will be available for you to view immediately from confirmation of payment of the purchase fee.
You acknowledge that the volume of data consumed by accessing the Platform Content is typically high. The payments you make to rent or purchase Platform Content do not include any charges for internet usage. You are solely responsible for any internet usage or charges that your ISP may apply in relation to accessing Platform Content.
9. Data Protection
We maintain safeguards intended to protect the integrity and security of the Platform. However, we cannot guarantee that the Platform will be secured, complete or correct, or that access to the Platform will remain uninterrupted.
9.2. User Names and Passwords
You are responsible for any use or misuse of your user name or password. Please promptly notify Jio MAMI of any confidentiality breach or unauthorized use of your user name, password, or your Account.
9.3. Third Party Web Sites; Links
Some information contained in the Platform may link you to sites that are not owned or under the control of Jio MAMI. Jio MAMI does not endorse their products and services. Jio MAMI assumes no responsibility or liability for the content of those sites or otherwise for any third-party material that may feature on the Platform.
11. Platform Service and Availability
We may modify, suspend, or discontinue the Platform or any Platform Content at any time with or without notice to you.
We will not be liable for any unavailability of the Platform or of any Platform Content if you have breached any of these terms or for any unavailability beyond our control. If you have paid for Platform Content but we have failed to make it available to you, then our liability for any such unavailability will be limited to the purchase price for that Platform Content.
You acknowledge that not all of our film and television programmes listed on our Platform are available for purchase nor will they become so in future.
12. Rules of Use
You shall use the Platform and the Platform Content strictly in accordance with these terms and conditions.
You will be authorised to use the Platform Content only for personal, non-commercial use. You may not make any Platform Content available to any other person(s), for any commercial purpose, educational purpose or any other purpose not expressly authorised in these terms.
You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to the Platform and the Platform Content for any reason, or to interfere with, remove or alter any digital rights management information on the Platform or the Platform Content, or to attempt or assist another person to do so.
You must not abuse or misuse the Platform by attempting to compromise the service by employing technologically harmful means or material.
You will not use the Platform for any purpose which is unlawful, not authorised by us or otherwise conflicts with these terms.
Your use of the Platform may be monitored and controlled by Jio MAMI or its service provider for compliance purposes at any time.
13. Objectionable Material
We aim to include content rating information when available for all Platform Content. You may personally consider some Platform Content to contain offensive, indecent, or objectionable content and some Platform Content may also contain explicit material. Subject to applicable censorship laws the Platform provides Platform Content at your sole risk and Jio MAMI shall have no liability to you for material that you may consider to be offensive, indecent, or objectionable.
14. Intellectual Property
The Platform and the Platform Content contain information and material that is owned by Jio MAMI and/or its licensors and/or service providers and is protected by applicable intellectual property laws and other laws, including those relating to copyrights and trademarks. Jio MAMI reserves for itself and such third parties all such rights in all jurisdictions throughout the World.
You must not (and must not permit others to) authorise or assist any other person to remove or interfere with any copyright notices contained in any Platform Content.
We take infringement of our copyright (and that of our licensors and service providers) seriously. You must:
- only use the Platform Content and related information and materials in the course of using the Platform in compliance with these terms and conditions and not for any other purpose;
- not download, upload, copy, reproduce, communicate to the public, transmit, publish, broadcast, modify, manipulate, rent, lease, loan, sell, distribute, or create any derivative works of any Platform Content or any part of it;
- not copy, reproduce, modify or manipulate any part of the Platform and/or Platform Content in any manner;
- not exploit the Platform or Platform Content in any unauthorised way whatsoever.
We reserve all rights and remedies available to us to prevent any infringement of intellectual property we or our licensors or service providers own that is comprised in the Platform or Platform Content.
Jio MAMI’s trademarks, service marks, graphics, and logos used in connection with the Platform are the intellectual property of Jio MAMI. Other trademarks, service marks, graphics, and logos used in connection with the Platform or with Platform Content may be the trademarks of their respective owners. You are granted no right or licence with respect to any of the aforesaid trademarks and any use of such trademarks.
- terminate the agreement created between you and Jio MAMI, which may result in the suspension or termination of your Membership, upon breach of any of the terms contained herein, by you or any person acting on your behalf, pursuant to these terms;
- suspend access to the Platform (or any part thereof) or any Platform Content at any time without notice;
- terminate the agreement, without cause, and as per our sole discretion, and without the requirement to give advance notice to you.
Provided you are not in breach of these terms we will reimburse you for any Platform Content you have successfully paid for but has not been made available to you in accordance with clause 7 at the time of termination or suspension.
We will not be liable if for any reason the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform or to Platform Content.
We have the right to disable any Membership at any time, if in our opinion you have failed to comply with any of these terms.
You may cease to use the Platform at any time.
Your use of the Platform is at your own risk. The Platform and all of its text, images, and software and all services, products or materials (including, without limitation, third party products and services, and submissions and creations) made available through or in connection with the Platform (collectively, “contents”) are provided on an ‘as is’ basis without any warranties of any kind, whether express, implied or statutory. You agree that you must evaluate, and that you bear all risks associated with, the use of the site, including without limitation any reliance on the accuracy, completeness or usefulness of any content available through or in connection with the Platform. Jio MAMI does not guarantee, represent or warrant the uninterrupted or error-free use of the Platform and shall not be liable for any loss arising from such events including but not limited to loss, corruption, attack, viruses, interference, hacking, or other security intrusion or any other factors beyond Jio MAMI’s and/or its licensors’ and/or its service providers’ reasonable control, including but not limited to the nature of your Compatible Device or internet connection.
To the extent permitted by law, the Platform and the Platform Content are provided by Jio MAMI without warranties or guarantees of any kind, other than the statutory protection afforded to you by applicable legislation.
Whilst Jio MAMI endeavours to ensure that the Platform is normally available 24 hours a day, it shall not be liable if for any reason the Platform is unavailable at any time or for any period. Access to the Platform may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any other reasonable cause.
17. Breach of Terms and Conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
- send formal warnings; and/or
- temporarily suspend your access to the Platform; and/or
- permanently prohibit you from accessing the Platform; and/or
- block computers using your IP address from accessing the Platform; and/or
- bring court proceedings against you for breach of contract or otherwise; and/or
- suspend and/or delete your account with the Platform.
18. Limitation of Liability
Jio MAMI’s liability shall be limited as set out in these terms and otherwise to the amount of any liability that may arise under any applicable legislation and solely in respect of the failure to comply with any guarantee corresponding to Jio MAMI’s supply of goods or services relating to the Platform or any Platform Content.
Jio MAMI expressly excludes any liability for any direct, indirect or consequential loss or damages incurred by any user in connection with the Platform or in connection with the use, inability to use, or results of the use of the Platform.
You agree to indemnify and hold Jio MAMI, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these terms and conditions and your use of the Platform.
Jio MAMI reserves the right to take any action we believe necessary to recover any sums you owe us. You agree that, in such circumstances, you will be liable for all costs and expenses incurred by us including, but not limited to, legal fees, collection fees, arbitration costs and court costs.
These Terms constitute the entire agreement between you and Jio MAMI with respect to use of the Platform.
In the event any one or more of the provisions of these terms and conditions shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall be unimpaired, and invalid, illegal or unenforceable provisions shall be replaced by an acceptable provision which, being valid, legal and enforceable and the remaining parts of these terms and conditions shall remain in full force and effect. Our failure to enforce any right or provisions under these terms will not constitute a waiver of such provision or any other provision.
We will not be responsible for failure to fulfil any obligation due to causes beyond our control including without limitation by reason of act of God, fire, flood, accident, pandemic, explosion, breakdown or failure of plant or machinery, war, riot, civil disturbance, strike, labour dispute, acts, orders or regulations of Government failure (whether partial or total) etc.
We may notify you with respect to the Platform by sending an email message to your Member email address. Notices shall become effective immediately when issued by us.
21. Dispute Resolution & Governing Law:
The terms and conditions and all related transactions entered and the relationship between you and Jio MAMI and any mutual claims shall be governed in accordance with the laws of India without reference to any conflict of laws principle. All claims, differences, disputes arising under or in connection with or in relation to the Platform, the terms and conditions or any transactions entered into or through the Platform shall be subject to the exclusive jurisdiction of the courts in Mumbai, India and you hereby accede to and accept the jurisdiction of such courts. Except, to the extent you have in any manner violated or threatened to violate this Platform’s intellectual property rights, We may seek injunctive or other appropriate relief in any court in India, and you consent to the exclusive jurisdiction and venue in such courts.