Nuveb End-User Agreement

This End-User Agreement (the "Agreement") constitutes a binding legal agreement between Neweb Labs Private Limited ("Nuveb," "we", "us" or "our"), and the individual(s) signing up to utilize the over-the-top (OTT) media services offered by Nuveb through the Nuveb Platform and entering into this Agreement with Nuveb ("End-User", "you", "your").

This Agreement applies to your use of the aforesaid services offered by Nuveb vis-à-vis the Nuveb Platform, wherein an End-User may access, view and consume Content on the Platform (the "Services") and shall be effective as of the date you sign up to the Nuveb Platform as End-User.

The Nuveb Terms of Use , the Nuveb Privacy Policy , the Nuveb Content Guidelines , the Nuveb Cookie Policy , the Nuveb Content Marketplace Agreement and any other terms & conditions applicable on the Nuveb Platform, Site or Services ("collectively "the Nuveb Terms") are hereby incorporated into and made a part of this Agreement. The requirements under Nuveb Terms are mandatory and your failure to follow the same, especially those under the Nuveb Content Guidelines , may result in your account with us or your access to the Nuveb Platform being suspended. To the extent there is a conflict between this Agreement and the Nuveb Terms, the terms of this Agreement shall prevail. Any capitalized terms used but not otherwise defined in this Agreement shall have the meanings ascribed to them in the Nuveb Terms, as applicable.

This Agreement addresses certain additional rights and obligations associated with the Services.

Acceptance & Modification of Agreement

a) You must accept all of the terms and conditions contained in this Agreement before accessing or using the Services. Your acceptance of this Agreement on the Nuveb Platform while signing up for the Services indicates your acknowledgment that you have carefully read, understand and accept this Agreement and the Nuveb Terms. If you do not accept this Agreement and the Nuveb Terms, you may not access or use the Creator Marketplace Services.

b) Nuveb may modify this Agreement from time to time by posting the modified version of the Agreement on the Nuveb Platform and/or the Site. Our right to modify this Agreement includes the right to add, remove or amend the terms hereof.

c) If and when we modify this Agreement, you will be notified of such modification via such email provided by you during the sign-up process as well as through the Site.

d) Anything to the contrary herein notwithstanding, your continued use of the Services after the effective date of any modification we may make to this Agreement, constitutes your agreement to be bound by all such modifications.

Term and Termination

This Agreement shall remain in effect until terminated by either party in accordance with the terms herein. You may terminate this Agreement with or without cause by providing prior written notice of thirty (30) days to Nuveb. Without limiting Nuveb's other rights and remedies set forth in this Agreement, Nuveb reserves the right, in its sole discretion, at any time, for any or no reason, with or without prior notice, and without liability, to restrict, suspend, or terminate your access to or use of all or any part of the Services and/or to take necessary steps to prevent you from accessing and/or using the Services. Following termination, this Agreement will remain in effect to the extent applicable to your use of the Services prior to such termination.

Cancellation and Refund

Cancellation is not allowed for content purchases on Nuveb and Nuveb will not refund any amount once purchased. You also agree to any cancellation and refund policy regarding subscriptions - particular to a channel prescribed by the respective content provider.

Platform Services

a) Nuveb allows You to access certain audio-visual content made available by their respective owners/ creators ("Creators") vis-à-vis the Nuveb Platform ("Content"). The availability of Content on the Nuveb Platform is determined solely by the Creators.

b) Nuveb grants You non-exclusive, non-transferable, and limited access to the Content made available by the Creators, subject to payment of a fee as determined by the Creators or as otherwise specified on the Nuveb Platform. In certain cases, access to films may be provided for free at the discretion of the Creators.

c) You acknowledge and agree that You may only access and view films on the Nuveb Platform. You shall not attempt to download, rip, duplicate, distribute, publicly perform, modify, create derivative works, or use the films for any commercial purpose. You shall not display, project or stream the films in theatres or any public venue without the explicit prior permission of the Creators.

d) Nuveb does not guarantee the availability of any Content on an ongoing basis. Content may be removed from the Nuveb Platform by the Creators or by Nuveb for any reason, without prior notice.

e) In the event a Content becomes unavailable on the Platform, whether due to removal by the Creators or by Nuveb, You acknowledge and agree that You will not be entitled to any refunds or compensation.

f) Nuveb is entitled to retain applicable amounts as agreed upon with the Creators for every transaction between the Creators and the End-User. Such amounts may be deducted from the fees paid by You for accessing the Content.

Representations and Warranties

You represent, warrant and covenant, at all times relevant hereto, that:

a) you are of legal age in your jurisdiction to view the films and that you have all right, power and authority to enter into this Agreement

b) you will not reverse engineer, hack into, introduce any malware, software, spyware or disabling devices or code which could be capable of impairing or tracking Nuveb's or any end-user's access to the Content, or disrupt the Services, or result in any infringement of third-party right;

c) you shall comply with all applicable laws, rules, regulations, and orders (as they may be amended from time to time), and without limitation of the foregoing you acknowledge that you have read and will comply with the conduct and restrictions on conduct that are applicable to the use of the Services, Site and the Nuveb Platform.

Disclaimers

a) You acknowledge and agree that the Nuveb Platform is provided on an "as is" basis. Nuveb makes no representations or warranties of any kind, whether express, implied, statutory, or otherwise, regarding the Platform, including any content, materials, or services provided through the Platform. Nuveb shall not be held responsible or liable for the content of the Content made available on the Nuveb Platform. Nuveb is not responsible for any damages, losses, or claims arising from the content, consumption or use of the Content.

b) To the maximum extent permitted by applicable law, Nuveb disclaims all warranties, express or implied, including but not limited to the warranty of merchantability, warranty of non-infringement, warranty of accuracy, and warranty of availability. The limitations and exclusions of warranties set forth herein shall apply to the maximum extent permitted by applicable law.

COPPA Disclaimer

c) The Nuveb Platform is not directed towards children, and individuals under the age of 13 are prohibited from using the Nuveb Platform.

d) By accessing and using the Nuveb Platform, You confirm that You are not a child as defined under applicable laws.

Limitation on Liability

a) You expressly agree that Nuveb shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with this Agreement, even if Nuveb has been advised of the possibility of such damages.

b) Without limiting the generality of the foregoing and to the extent permitted by applicable law, none of the related parties are liable or shall be responsible for any damages or losses resulting directly or indirectly from:

(i) your use or inability to use the Platform or Services,

(iii) interruptions to the Platform or the Services,

(iv) virus or malicious software contained on or transmitted through the Platform or the Services,

(v) bugs or errors of any kind on the Platform or in the Services,

(vi) damage to your hardware by use of the Platform or the Services,

(vii) the actions or omissions of third parties, including without limitation other users; or

(viii) a suspension or termination of your account.

c) The aggregate liability of Nuveb, including its affiliates, for any and all claims, actions, demands, losses, liability, damages, costs, expenses or similar items of any kind or nature, whether known or unknown (collectively, "Claims") arising under or related to this Agreement, the Platform, the Services or otherwise shall be limited to INR 1000.

Indemnity

You agree to indemnify and hold harmless Nuveb and its related parties from and against any and all claims, losses, damages and expenses arising out of or related to:

a) your access to or use of the Platform or the Services,

b) your violation of any third party right, including without limitation any copyright, patent, trademark, property or privacy right, or

c) your breach of any of your representations, warranties or covenants contained in this Agreement

Copyright Infringement

In addition to the warranties provided by you hereunder you agree that you will not engage in activities constituting copyright infringement or fraud in relation to the use of the Services. Copyright infringement or fraud for the purpose of this Agreement is defined as the unauthorized exploitation of material protected by copyright (Copyright Infringement); the infringement of any law that regulates the ownership of legal right holders; and other unauthorized activities which are in breach of the Nuveb Terms.

Nuveb reserves the right to permanently terminate any End-User accounts that is suspected of violating the Nuveb Terms, specifically the Content Guidelines or of participating or indulging in piracy of the Content.

Notice for Termination

a) We shall reasonably endeavor to notify You with the reason for termination of your account on the Nuveb Platform unless we reasonably believe that doing so (a) would violate the law, direction of a legal enforcement authority, or would otherwise risk legal liability for Nuveb or our affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any end user, other third party, Nuveb or our affiliates.

b) If you believe your account has been wrongfully terminated/suspended, you can write to us at [email protected].

Disputes & Governing Law

This Agreement shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in Bangalore, India.

Notices

Unless otherwise specifically provided elsewhere in the context in which it applies, any notice required or permitted to be given to any party to this Agreement, or any other agreement between you and Nuveb, shall be in writing and shall:

(i) if to Nuveb, be delivered either via email, and

(ii) if to you, be delivered either via email, or by being posted as a notification to the your account, and shall be deemed received upon delivery.

Any such notice shall be delivered or sent:

(i) if to Nuveb, to [email protected], and

(ii) if to you, either to the email address specified in connection with your account, or by being posted as a notification to your account.

Force Majeure

Nuveb shall not be liable for any delay or failure in performance resulting from acts or occurrences beyond the reasonable control of Nuveb, including, without limitation, (and whether similar or dissimilar) acts of God, acts of war, terrorism, riot, fire, flood, pandemic or other disaster or other natural occurrence, acts of government, strike, lockout, or power or Internet failure.

Assignment

You may not assign or transfer any of your rights or obligations under this Agreement, or any other agreement between you and Nuveb, and any such attempted assignment or transfer without Nuveb's prior written consent shall be null and void. This Agreement shall be binding on the parties and their respective successors and permitted assigns.

Relationship of the Parties

You and Nuveb enter into this Agreement as independent contractors, and neither Nuveb nor you shall be or construed to be a partner, joint venturer, agent or employee of the other party.

General Provisions

This Agreement, the Nuveb Terms or any applicable Nuveb terms and conditions constitute the entire agreement between you and Nuveb regarding your access to the Services, operate to the fullest extent permissible by law and supersede all prior and contemporaneous agreements, understandings, proposals, and negotiations of any kind, whether oral or written, with respect to the subject matter hereof and thereof. The failure of Nuveb to exercise or enforce any right or provision shall not operate as a waiver of such right or provision. Headings are inserted for convenience of reference only and shall not be used for the purpose of interpreting this Agreement, the Nuveb Terms, or any other agreement between you and Nuveb. No party may create any obligation on behalf of any other party except as expressly set forth herein or in connection with any other agreement between you and Nuveb. If any provision of this Agreement, or any other agreement between you and Nuveb, is declared by a court of competent jurisdiction to be invalid, unlawful, void or unenforceable, such provision shall be severed from the agreement in question, and the other provisions shall remain in full force and effect, and that provision shall, to the fullest extent lawful, be reformed and construed as if such invalid, unlawful, void or unenforceable provision (or part thereof) had never been included herein or therein and to be valid, lawful and enforceable to the maximum extent possible.

Last Updated: Feb 8, 2024