Nuveb Terms of Use

Welcome to the Nuveb website which is located at https://www.nuveb.com/ (the "Site"). The following Terms of Use ("TOU") contain the terms and conditions that govern your use of the Site and the Nuveb Platform. Any use of the services provided by Nuveb shall be subject to the applicable Nuveb service agreement. Access and use of the Site and the Platform constitutes your agreement to and acceptance of all the terms set out below.

Neweb Labs Limited ("Nuveb" or "we") provides the Services (as defined below) to the User ("you" or "your") through its web-based platform located on the Site. By accepting this TOU or by accessing or using the Site, the Platform and the Services, you acknowledge that you have read, understood, and agree to be bound by this TOU, including the Nuveb Privacy Policy , the Nuveb Content Guidelines and any other legal terms & conditions as listed by Nuveb on the Site (collectively referred to as the "Nuveb Terms"). If you are entering into this agreement on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these TOU, in which case the terms "you" or "your" shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this TOU, you shall discontinue all use of the Site, the Platform and the Services and may not use the Services or the Platform.

Nuveb reserves the right to modify or update the Nuveb Terms from time to time by providing prior notice either by emailing the email address associated with your account or by posting a notice on the Platform (as defined below). The revised TOU will become effective thirty (30) days after we communicate the revisions, and if you use the Services or the Platform after that date, your continued use will be deemed acceptance of the revised TOU. If any change to the TOU is not acceptable to you, your only remedy is to stop using the Site and the Services (in accordance with the termination provisions of the applicable service agreements and/ or other applicable terms and conditions).

Nuveb will make available to you the Platform, the Site and the Services, subject to and in accordance with the Nuveb Terms.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING/ACCESSING ANY MATERIAL, OTHER INFORMATION ON THE PLATFORM. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE PLATFORM OR THE SERVICES.

If you are accessing the Services through the mobile application, then while these TOU will apply to such use, there may be additional terms (such as the terms imposed by mobile application stores like Apple's iTunes, Android's play store, Microsoft's store from time to time) which will govern the use of the mobile application. These additional terms to the extent applicable are hereby deemed to be incorporated in these TOU by way of reference.

I. Definitions

a) Nuveb Platform/ Platform -- This includes the website interface, the embedded graphics, the processes, their selection and arrangement, branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials.

b) Creator -- This includes any individual(s) or entity who are the authorised owners of the audio-visual content to be uploaded to the Nuveb Platform for consumption and viewing by the Nuveb End-User.

c) End-User -- This includes individual(s) signing up to utilize the over-the-top (OTT) media services offered by Nuveb through the Nuveb Platform.

d) Content -- This includes the audio-visual content made available on the Nuveb Platform by their respective owners/Creators. The availability of Content on the Nuveb Platform is determined solely by the Creators.

e) Information -- This includes any information uploaded by (i) Creators, in connection with their Content, including but not limited to accompanying text plates, descriptions, metadata or any other information related to the Creator's account with Nuveb, and (ii) End Users who have signed up and created an account with us, including but not limited to, personal information, such as name, email address, date of birth or mobile number.

f) Services -- This shall collectively mean the content marketplace services and OTT services offered by Nuveb vis-à-vis the Nuveb Platform.

II. Acceptance and Modification of TOU

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

b) Nuveb may modify this TOU 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 TOU includes the right to add, remove or amend the terms hereof.

c) If and when we modify this TOU, 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 TOU, constitutes your agreement to be bound by all such modifications.

III. Who this applies to?

a) These TOU apply to any individual(s) / entity accessing or using the Nuveb Platform and Services including users, creators, filmmakers, investors etc. By using the Nuveb Platform and Services you confirm that you are of legal age (i.e. 18 years and above) and not barred from receiving, accessing, or uploading Content and/or Information on this Platform under applicable laws in India.

b) Notwithstanding the foregoing, if you are below the age of eighteen (18) years, please read through these TOU with your parent or legal guardian. If you are a parent or legal guardian of a minor, by allowing your child to use the Nuveb Platform and Services, you are subject to these TOU and responsible for your child's activity on the Site.

IV. License

End User License

a) As an End-User, Nuveb grants You a non-exclusive, non-transferable, non-commercial, personal 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 Content may be provided for free at the discretion of the Creators.

b) You acknowledge and agree that You may only access and view Content on the Nuveb Platform. You shall not attempt to download, rip, duplicate, distribute, publicly perform, modify, create derivative works, copy, transfer or republish any Content on the Nuveb Platform. Any such unauthorized use of the Content shall be at your sole risk and liability and shall constitute a material breach of these TOU and Nuveb and/or the Creator reserves the right to initiate appropriate legal action against You.

For more information on the service terms applicable to End-Users, please refer to the ' End User Agreement '.

Creator License

a) As a Creator, you grant Nuveb an exclusive, worldwide, royalty-free license to host, display, and distribute the Content on the Nuveb Platform solely for the purpose of providing the Services, including to collect any revenue generated by the Content pursuant to the Services.

For more information on the service terms applicable to Creators, please refer to ' Content Marketplace Agreement '.

V. Ownership and Intellectual Property Policy

a) You acknowledge and agree that as between the parties, Nuveb retains all right, title, and interest in and to the Site and the Nuveb Platform, all copies or parts thereof (by whomever produced) and all intellectual property rights therein.

b) Nuveb grants no, and reserves any and all, rights other than the rights expressly granted to the You under these TOU with respect to the Platform or the Services. You will not remove, obscure, or alter any intellectual property rights notices relating to the Platform.

c) The trademarks, service marks, and logos of Nuveb (the "Company Trademarks") used and displayed on the Platform are trademarks or service marks of Nuveb. Other company, product, and service names located on the Platform may be trademarks or service marks owned by third-parties (the "Third-Party Trademarks", and, collectively with the Company Trademarks, the "Trademarks"). Nothing on this Platform or in these TOU should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Platform without the prior written consent of the owner of such Trademark, specific for each such use. The Trademarks may not be used to disparage Nuveb or any such applicable party, Nuveb's or third-party's products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without Nuveb's prior written consent. All goodwill generated from the use of any Company Trademark shall insure to Nuveb's benefit.

d) Nuveb respects the intellectual property of others and expects its End-Users and Creators to do the same. Any individual(s) or entity uploading Content and/or Information on the Nuveb Platform must ensure that the same does not infringe on any third-party rights.

e) When properly notified of the existence of any Copyright Infringement on the Nuveb Platform, Nuveb will promptly remove such material from the Platform and take action in accordance with its takedown process as provided for in the 'Nuveb Content Marketplace Agreement'.

f) Notwithstanding anything contained herein, Nuveb shall in no event be held liable for the intentions, nature, form, implications, meaning or manner of the Content available on Nuveb.

To report any infringing material or inappropriate content refer to the 'Copyright Infringement and Takedowns Policy' under the ' Nuveb Content Marketplace Agreement '.

VI. Payments

a) To access/use certain sections of the Nuveb Platform, End-Users may be required to make a payment in advance for being granted access to any Content on demand. Nuveb provides access to Content on a 'pay-per-content' basis wherein, End-Users pay to access, view, watch, or consume the Content via private telecast for the duration such Content is available on the Nuveb Platform.

b) For these purposes, payments shall be made through payment options available on our Platform. For making such payment you may be directed to other third party services including payment gateway. You must go through the terms and conditions as provided on such third party services before using them.

VII. Third Party Websites and Services

a) The Platform may contain links to third-party websites ("External Sites"). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You may contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.

b) Nuveb is not responsible for the content of any linked External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. You are required to take necessary precautions when downloading files from all websites to protect your computers from viruses and other destructive programs. If you decide to access any External Sites, you are doing so at your own risk.

Additionally, for information on the cookie policy of the Nuveb platform, please refer to the ' Cookie Policy '.

VIII. Disclaimer of Warranties

a) The Nuveb Platform and Services are provided by us on an "as is" basis without warranty of any kind, whether express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose.

b) Without limiting the foregoing, Nuveb makes no warranty that (i) the Nuveb Platform or the Services will meet your requirements or your use of the Nuveb Platform or the Services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of Nuveb Platform or the Services will be effective, accurate or reliable; (iii) the quality of Nuveb Platform or the Services will meet your expectations; or that (iv) any errors or defects in Nuveb Platform or the Services will be corrected.

For specific warranties provided by End-Users and Creators refer to the ' End-User Agreement ' and the ' Content Marketplace Agreement ' respectively.

IX. Limitation of 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 TOU, 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 Nuveb Platform or Services,

ii. interruptions to the Nuveb Platform or the Services,

iii. virus or malicious software contained on or transmitted through the Nuveb Platform or the Services,

iv. bugs or errors of any kind on the Nuveb Platform or in the Services,

v. damage to your hardware by use of the Nuveb Platform or the Services

vi. the actions or omissions of third parties, including without limitation other users; or

vii. 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 TOU, the Nuveb Platform, the Services or otherwise shall be limited to INR 1000, unless specified differently under any other terms and conditions on the Nuveb Platform.

X. 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 Nuveb 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 TOU.

XI. Disputes & Governing Law

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

Notices

If you have any questions or comments about these TOU, the Platform or the Services or you wish to report any violations or grievances, you can reach us at (email address to be specified).

For any claim pertaining to Copyright Infringement, please refer to the 'Content Marketplace Agreement'.

Assignment

You shall not assign these TOU without Nuveb's prior written consent but Nuveb may assign or transfer these TOU, in whole or in part, without restriction.

XIV. General Provisions

These TOU, or any applicable Nuveb terms and conditions constitute the entire agreement between you and Nuveb regarding your access of 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 these TOU 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/terms between you and Nuveb. If any provision of these TOU, 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: July 24, 2023