Terms of Service

DEFINITION

Affiliates shall mean and include any person/ entity at any time who is controlling, controlled by, or is under the common Control.
Control shall mean the power to direct or cause the direction of management and policies of Watchout, either directly or indirectly, whether through ownership or through voting securities, or the power to appoint or remove a majority of the members of, or the power over a majority of the voting rights cast in meetings of, the Board of Directors or equivalent governing body of Watchout whether by operation of law or by contract or otherwise.
Device shall mean a hardware interface that facilitates use of Service(s) and access to and/or streaming of content(s) via internet and includes a personal computer (desktop/laptop), mobile device, portable media player, TV, Chrome-cast, Blu-ray disk player, set top boxes (any smart device connected to television or any other audio visual device including internet supported set top boxes), gaming systems/ consoles, pre-embed/ pre-load platform/OTA push on third party manufactured device (mobile phones, smart devices) or any other hardware devices in commercial use presently or developed in future that are capable of offering access to Watchout Platform(s) and meets the compatibility and minimum system requirements that Watchout requires from time to time.
Watchout, a company incorporated under the provisions of Companies Act, 2013 having it’s registered office at 32A, C.R. Avenue, Trust House, Kolkata- 700012, West Bengal and shall be deemed to include its Directors, Officers, Employees, Affiliates, Agents, Contractors, Principals, Assignors or Licensors, as the case may be.
Service shall mean video on demand service and other ancillary services provided by Watchout through Watchout platform(s) to users and subscribers for accessing and watching/ streaming content(s), features and functionalities for Subscribers to post user materials among others.
Terms of use shall mean that this agreement is supposed to be read in conjunction and together with the Privacy Policy as may be updated from time to time (Refer Changes) in relation to a User’s and/or a Subscriber’s access to and use of Service(s).
Users means a natural or legal person who accesses Watchout Platform (s) whether or not availing Service(s).

INTRODUCTION

This “Terms of Use” is an electronic record under the Information Technology Act, 2000 and any amendments made thereto along with the rules framed thereunder, as applicable, pertaining to electronic records. Such electronic record is generated by a computer system and does not require any physical or digital signatures.
Watchout owns and controls the domain name www.watchout.net.in (Website). The Watchout platform(s) allows users to access and view varieties of audios and audio-visual contents including, inter alia, movies, web series, web films, trailers of upcoming series and movies, music videos (hereinafter collectively known as “Contents”) that is streamed over the internet to the devices with minimum system requirements more particularly illustrated under Clauses 3.5 and 3.6 of this Term of Use.
For the purpose of these Terms of Use, wherever the context so requires “Company”, “Our” or “Us” means Watchout and “You”, “Your”, “Yourself” or “User/ Subscriber” shall mean any natural or legal person who uses, accesses or avails the Watchout Platform(s).
Your use of the Watchout Platform(s), access to Content(s) and/or Service(s) are governed by the ‘Terms of Use’ and the ‘Privacy Policy’ your mere use or access of Watchout Platform(s) constitute your acceptance of this Terms of Service and the Privacy Policy accessible at watchout.net.in/terms-of-Service AND www.watchout.net.in/privacy-policy respectively; and any other terms which govern the Watchout Platform(s), and if you do not agree to these Terms of Use and the Privacy Policy, you must not avail of/ use the Service(s) and any use thereafter shall be deemed unauthorised.

DESCRIPTION OF SERVICES

Watchout, through the Watchout Platform(s), allows Users/Subscribers to access and view, inter alia Content(s) and any other content including but not limited to advertisements, promotions etc.
Content(s) may be made available to you through different modes, medium and format at the discretion of Watchout, including via SVOD basis for viewing at the Subscriber’s discretion at a time chosen by the Subscriber. For the Content (s) that you download for offline viewing is available for select content(s) for a fixed duration and exclusively available for the android and Ios App.
Please note that both the availability and your ability to access the content(s) or service or part thereof: a) is subject to Watchout’s sole discretion; (b) may be dependent upon your geographical location and (c) is on the condition that not all content or service (s) shall be available to every user.
You hereby agree and acknowledge that you are above 18 years of age (or above 21 years of age, where a guardian is appointed under the (Majority Act, 1875) in case you are a minor in your country, territory or province as per the law that is applicable in your country, territory or province, you agree that your access and use of the services shall be deemed to be subject to age classifications by Watchout and under parental consent and guidance. Thereafter, you also agree and acknowledge that your use of Watchout Platform(s) and the service(s) complies with all applicable laws including the local laws in your jurisdiction. Watchout reserves the right to reclassify ratings and/or include a warning card/disclaimer, and/or edit synopsis of content at any point of time.
Watchout has adopted an age appropriate content classification and description mechanism that facilitates maximum choice and control for the users. Some of the contents which are offered on Watchout Platform(s) may not be suitable for some users falling within specific age groups and therefore viewer discretion/parental supervision and guidance is advised.

The following standard for the classification of age group in relation to the content(s) has been adopted:

Content which is suitable for children as well as people of all ages are classified as – U rating;
Content which is suitable for person aged 7 years and above and can be viewed by a person under the age of 7 years with parental guidance, are classified as – U/A 7= rating;
Content which is suitable for persons aged 16 years and above and can be viewed by a person under the age of 16 years with parental guidance are classified as –U/A 16= rating; and
Content which is restricted to adults are classified as – A 18+ rating
Content(s) are classified on the basis of : i). Themes and messages; ii) Violence; iii)Nudity iv)Sex; v)Language; vi) Drug and substance abuse; and vii) Horror.

Participation in any contest and/or game on any of the Watchout Platform(s) conducted by Watchout or viewing of certain content may be subjected to further terms and conditions as may be notified by Watchout from time to time. Watchout reserves the right to add such further terms and conditions without giving you any notice or prior intimation.
All content(s) produced by Watchout or by its Affiliates (hereinafter, Friday Originals) are works of friction. Any resemblance or similarity to real life events, persons (dead or alive), or places is purely coincidental. Watchout respects all genders, sexual orientations, faiths, caste, religions, communities and races and does not intend to disrespect, insult, impair or disparage the beliefs, feelings, sentiments of any person, community, religion, society and its culture, custom, practice and tradition in any way. While Watchout exercises reasonable diligence before making any third party produced content available on the Watchout Platform(s), any liability in relation to the same is expressly disclaimed.
Watchout reserves the right, at its sole discretion, to modify streaming limits from time to time without any obligation to give prior notice to you, or updating, revising, and/or supplementing this Terms of Use.

FREE TRAILS

Watchout may choose to offer you at its sole discretion, a free trial with your subscription.
Your eligibility for the free trial and the term of such free trial shall be determined by Watchout at its sole discretion, and the terms and conditions governing such free trial may be modified, suspended or terminated by Watchout at any time without any obligation to give prior notice. Further, Watchout reserves the right to revoke and put Your free trial/ Subscription, as the case may be, on hold to prevent free trial abuse.
Free trial is intended for new-users to try the Service(s).

ELECTRONIC COMMUNICATIONS

When You use the Service(s) or send any data, information or communication to Watchout, you agree and understand that you are communicating with Watchout through electronic media/ records and you consent to receive communications from Watchout periodically. Watchout will communicate with you by e-mail or any push or other messages and/ or send messages to the mobile number provided by you while sign-up or via Authorised Partner. Such communication will be considered as adequate service of notice/ electronic record.
You give consent to Watchout or its Affiliates and Authorised Partners contacting you during your Subscription for any purpose including but not limited to: (i) obtain feedback on Service;(ii) for offering new products or services, whether offered by us or our respective Affiliates and/ or Authorised Partners.
In the event you have indicated any “do not disturb” preferences to your telecom service provider, and registered yourself on the national customer preference register / “do not disturb”; or similar list, you are requested to ensure that your registered preferences allow for communications to be sent to you in accordance with the above provision.

USER COMMITMENTS/ OBLIGATIONS

By agreeing to use/avail the Services

You conform that all data/ information submitted by you during sign-up to Watchout and/or Service(s) are complete and accurate in all respects. Further, you undertake to timely update such data/ information to keep the same complete and accurate at all times. All data/ information collected is subject to Privacy Policy available at: https://www.watchout.net.in/privacy-policy
You acknowledge, consent and agree that Watchout may access, preserve, transfer and disclose your account information and/or User Material subject to the Privacy Policy, if required to do so by law to co-operate with mandated government and law enforcement agencies or to any private parties by an order under law for the time being in force to enforce and comply with the law including to various tax authorities upon any demand or request by them or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process and/or any applicable law in the territory; (b) enforce this Terms of Use; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of Watchout, affiliates, its users and the public.
You agree and acknowledge that Watchout shall have the right to temporarily suspend access for technical/operational reasons, without giving prior notice. Watchout will restore access to the Services as soon as reasonably practicable after temporary suspension.
You agree and acknowledge that Watchout shall be under no liability in case of non-availability of access to Watchout Platform(s) and/or Service(s) and/or Content(s) due to an Act of God, war, disease, lockout, strike, riot, satellite or internet failure, or any other cause whatsoever beyond the control of Watchout (“Force Majeure Event”).
You will be solely responsible for maintaining and updating your device as per requirements of a Device. In the event the App is updated, you will be responsible to update your device to make it compatible with such updates. Further, you will need an active internet connection to use Service(s) and stream Content(s). You are, therefore, required to pay internet charges as per plan from your internet service provider. You acknowledge that Watchout will not be responsible or liable to you in case of Your failure to use the Service(s) or stream Content(s) due to your failure to upgrade your device to a compatible version or non-availability of an active internet connection.
You agree that Watchout and/or its affiliates own and/or retains all rights to the Services and the Content throughout the territory of the world in perpetuity. you further agree that the Content you access and view as part of the Services is owned or controlled by Watchout, its affiliates and or its licensors. The Services and the Content are protected by copyright, trademark, trade secret, and other intellectual property laws. The Service(s), Software, and the Content(s) embody intellectual property that is protected by law.
The Service and any Content(s) streamed through the Service are for your personal and non-commercial use only. you will be granted a non-exclusive, non-transferable, non-sub licensable, revocable limited license to watch the Content(s) and that no right, title or interest in any Content will be deemed transferred to you.
You agree to use the Service(s), including all features and functionalities in accordance with applicable laws, rules and regulations. you agree to not archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in this Terms of Use) Content(s). You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any content protection scheme, use geo-filtering mechanisms to conceal and/ or provide your incorrect geo-location (for e.g. use of a virtual private network (VPN); or use any robot, spider, scraper or other automated means to access the Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service; insert any code or product or manipulate the Content(s) or Service in any way; or use any data mining, data gathering or extraction method.
You agree that different jurisdictions may offer different type of Membership Plans to Service. Accordingly, scope and extent of access to Service and/or Content, among other things, may vary within jurisdictions. you may only use the Service(s) or access the Content(s) primarily within the jurisdiction where you Subscribed to the Membership Plan. Your access to Service and/or Content may be limited or blocked when accessed from a jurisdiction different than the jurisdiction of Subscription.
You agree to refrain from making available your subscription credentials to any other persons(s), or in any manner communicate Content(s) to other person(s).
You will not interfere with, damage, disable, disrupt, impair, gain undue access to Watchout Services, including company servers, networks, and/or accounts. Further, you will not, directly or indirectly, solicit, collect or request any personal information for commercial or unlawful purposes or send or cause to send unsolicited bulk messages or other unsolicited bulk communications of any kind through Watchout including Company Servers, the Website, and/or the App. If You do so, you acknowledge you will have caused substantial harm to Watchout, which is extremely difficult to measure. Watchout reserves the right to grant or block your access to Service(s) and institute relevant proceedings against you in law or equity;
You will further not engage in any commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the Content; or building a business using the Content) without Watchout’s prior written consent; or use technology or other means to access, index, frame, or link to the Website (including the Content) that is not authorized by Watchout.
You may encounter third party applications while using the Website or Apps including, without limitation, websites, widgets, software, services that interact with the Website. Your use of these third party applications shall be subject to such third party terms of use or license terms and Watchout shall not be liable for any representations or warranties or obligations made by such third party applications to you under contract or law.
You authorize and give consent to Watchout to send either through itself or through any third-party service provider(s), from time to time, information alerts via push notifications, SMS, WhatsApp or other services Service on the your provided telephone numbers, e-mail id’s, etc. You agree and confirm that any such message(s) or call(s), does not make Watchout liable under the Telecom Commercials Communications Customer Preference (TRAI) regulations, 2010 or such other applicable regulations including local laws of your jurisdiction that are applicable on you including any amendment thereof, as may be applicable from time to time.

TERMINATION OF SERVICE

Your Subscription will be terminated at the end of the Billing Cycle or upon cancellation in case of a recurring Subscription. For Subscriptions availed through Authorised Partner, the Subscription will continue till the continuance of your association with the Authorised Partner or continuance of Our association with the Authorised Partner or end of Billing Cycle, whichever is earlier.
Watchout reserves the right to immediately terminate, suspend, limit, or restrict your Subscription or your use of the Service or access to Content at any time, without notice or liability, if Watchout so determines in its sole discretion, for any reason whatsoever, including but not limited to that you have breached these Terms of Use, the Privacy Policy, provide fake or inaccurate information, any violation of applicable laws, or engaged in illegal or fraudulent use of Service.
Watchout also reserves the right to terminate, suspend, limit, or restrict your Subscription or your use of the Services or stream Content if subscription credentials are compromised in any way(s) whatsoever. You agree and acknowledge that you are responsible for the safe-keeping of your subscription credentials and will not reveal the subscription credentials to anyone.

USER MATERIALS

Subscribers may have the option to publish, submit, or otherwise post reviews and comments or publicly communicate with other Users of the Service(s) (collectively, “User Material”). With respect to such User Materials, you agree to comply with this Terms of Use and all applicable laws of your jurisdiction. In addition, you acknowledge to adhere to the following terms and conditions and not host, display, upload, modify, publish, transmit, update or share any information /material/User Material that
belongs to another person and to which you do not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
harms minors in any way;
infringes any patent, trademark, design, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonates another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
you also represent and warrant that the posting of your User Material(s) does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights.
You acknowledge that the User Material is not confidential and that you have no expectation of privacy in it.
By posting the User Material, you hereby grant Watchout a license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material worldwide, including on or through any property, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to Watchout is non-exclusive, royalty-free, irrevocable, and sub licensable. Additionally, Watchout is free to use any ideas, concepts, know-how, or techniques contained within such User Material(s) for any purpose, including, but not limited to, developing, manufacturing, marketing, and providing commercial products and services, including the Services. Watchout’s use of such User Material shall not require any further notice of attribution to you and such use shall be without requirement of any permission from or any other person or entity. you hereby agree and confirm that the provisions of section 19(4) of the Indian Copyright Act, 1957, shall not apply to this license.
In no event does Watchout assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against Watchout with respect to such User Material.
You agree that Watchout shall have the right but no obligation to monitor User Material and to restrict or remove User Material(s) that Watchout may determine, in its sole discretion, is inappropriate, or violates any of this Terms of Use.

LINKED DESTINATIONS AND ADVERTISING

Watchout Platform(s) may contain advertisements and other materials submitted to Watchout by third parties and/or links to third party sites and third party content. Watchout expressly disclaims any liability arising out of the usage, streaming or access to content, products or services advertised on Watchout Platform(s) or the (third party) content made available / hosted on the third party sites. You acknowledge that Watchout does not endorse or sponsor such third party sites, content, advertising or such other materials and Watchout takes no responsibility for any loss, or harm caused due to usage, access, or streaming of the products and/ or services provided by advertisers. Any dealings that you may have with an advertiser while using the Services are between you and the advertiser and you agree that Watchout is not liable for any loss or claim that you may have against an advertiser.
Any and all links to third party website, destinations, or services are subject to and governed by such party’s terms and conditions, and/or privacy policy(s). Watchout in any way is not connected with, operates, controls, such websites or destinations. Watchout is not responsible for the content or practices of any website or destination other than the Services on Watchout Platform(s), even if it links to the Website and/ or App and even if the Website/ App or destination is operated by a company affiliated or otherwise connected with Watchout.

GRIEVANCE REDRESSAL SUPPORT – Technical

Any and all links to third party website, destinations, or services are subject to and governed by such party’s terms and conditions, and/or privacy policy(s). Watchout in any way is not connected with, operates, controls, such websites or destinations. Watchout is not responsible for the content or practices of any website or destination other than the Services on Watchout Platform(s), even if it links to the Website and/ or App and even if the Website/ App or destination is operated by a company affiliated or otherwise connected with Watchout.
CONTENT GRIEVANCE
If you have any complaints with respect to any Content currently available in India and/or accessed from India, or its age ratings, content descriptors, synopsis, and/or parental control features or User Material(s) then such correspondence should be posted to the attention of Grievance Officer, Mr. Ashish Saha by sending electronic mail to content-grievances@Watchout.com, in the following format:

a. Name of the complainant:
b. E-mail address of the complainant:
c. User log-in ID of the complainant: (Please do not share any password/OTP)
d. Title of the Content: (With URL’s)
e. Nature of complaint:
f. If applicable, please specify the timestamps for the Content in respect
of which this complaint is being filed in the following format: [xx minute] – [xx minute]
g. Details of the basis of complaint:
h. What relief is being requested:
Every complaint should bear your signature, either digital or written.
Watchout may further request you further information as may be reasonably required to resolve your complaint.
In the unlikely event, your complaint is not resolved within fifteen (15) working days from the date of registration of complaint (save for circumstances where additional time may be required by Watchout); or you are not satisfied with the decision of the Grievance Officer, you may prefer to appeal the Decision before the Digital Publisher Content Grievances Council (“DPCGC”) to which Watchout is a signatory. An appeal before the DPCGC can be filed by following the on-screen instructions available.
Additional time may be required by Watchout in case you fail to provide relevant and complete or any additional information requested by Watchout.
Complaints may be withdrawn by you at any point of time. Upon withdrawal or in case a complaint is abandoned, such complaint shall deemed to be disposed of.
Watchout shall, upon receipt and examination of the complaint, undertake any one or multiple of the following or any other measures, as applicable:
Reclassify age rating of relevant content, and/or
Include a warning card or disclaimer in content descriptors, and/or
Edit synopsis of relevant content.
With respect to User Materials, Watchout shall, on examination of the complaint take all reasonable measures, including taking down the objectionable User Material expeditiously in accordance with applicable law. You agree and acknowledge that Watchout’s responsibility in relation to objectionable User Material is limited to removing them post receipt of your complaints in accordance with this Terms of Use.
Other than the recourses provided, Watchout shall not be liable for any damages or losses incurred by you on account of such grievance and viewer discretion is advised.

WARRANTIES AND LIMITATIONS ON LIABILITY

The Service is provided “as is” and, to the fullest extent permitted by law it is provided without warranties of any kind or condition. In particular, Watchout does not make any warranties regarding fitness of Service(s) for a particular purpose, title, completeness, merchantability, availability, compatibility, uninterrupted, error-free, or reliable.
IN NO CASE SHALLWATCHOUT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, ASSIGNORS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF SERVICE OR ANY CONTENT OR MATERIAL THEREOF OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS OF THE SITE OR USE OF THE SERVICE OR ANY CONTENT OR MATERIAL THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS.
WHERE THE LAWS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, WATCHOUT’S LIABILITY SHALL BE LIMITED TO THE EXTENT PROVIDED UNDER LAW.

INDEMNITY

You agree to defend, indemnify and hold harmless Watchout, its affiliates, officers, directors, employees and agents, from and against any and/or 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 and access to the Service(s); (ii) Your violation of any term of these terms and conditions; (iii) Your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; (iv) Your breach of any applicable laws; and (v) any unauthorized, improper, illegal or wrongful use of Your Subscription by any person, including a third party, whether or not authorized or permitted by You. The Service(s), Software, and the Content(s) embody intellectual property that is protected by law. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
This indemnification obligation will survive the expiry of termination of this Terms of Use, the Privacy Policy, your use of Service(s), reservation of rights, and/ or waiver.

GOVERNING LAW AND JURISDICTION

The relationship between you and Watchout and this Terms of Use shall be governed and construed in accordance with the laws of India. Any proceeding shall be exclusively before the courts at Kolkata, India.
Where permitted under applicable law, you and Watchout agree that each other may bring claims against the other only in its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, where permitted under applicable laws, unless both you and Watchout agree otherwise, the court may not consolidate more than one person’s claims with your claims, and may not provide over any form of a representative or class proceeding.

SEVERABILITY

If any provision of this Terms of Use is held invalid, void, or unenforceable, then that particular provision shall be considered severable from the remaining provisions, and the remaining provisions shall be given full force and effect.

CHANGES

Watchout reserves the right, at any time and from time to time, without notice to you, to update, revise, supplement, and otherwise modify this Terms of Use and to execute new or additional rules, policies, terms, or conditions on your use of the Service, any material updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be posted on the Watchout Platform(s), and will be effective immediately after such posting and thereafter incorporated into this Terms of Use. Your continued use of the Service will be deemed to constitute your acceptance of any and all such additional terms.

SURVIVAL

You acknowledge that your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law, confidentiality shall survive the efflux of time and the termination of this Terms of Use, the Privacy Policy, your use of Service(s), reservation of rights, and/ or waiver.

ENTIRE AGREEMENT

This Terms of Use and Privacy Policy constitute the entire Agreement governing your use of Service(s), suspending any prior agreements between you and Watchout regarding such use.