TERMS OF USE

YOUR USE OF WEB SITE www.ultraplay.in AND APP "ultraplay" IS SUBJECT TO THESE TERMS OF USE AND OUR PRIVACY POLICY. BY USING THIS SITE, YOU CONSENT TO THE COLLECTION AND USE OF YOUR DATA IN ACCORDANCE WITH OUR PRIVACY POLICY.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and as amended from to time, and various other statutes.

This electronic record is generated by a computer system and does not require any physical or digital signatures. This is a legal agreement between you/the user and subscriber (“You”) of the Services (defined below), and Ultra Media And Entertainment Private Limited (“Company”, collectively “we”, “us” or “our”) stating the terms that govern Your use of the Service. If You do not agree to these Terms and Conditions, You are not entitled to use the Services and any use thereafter shall be unauthorized.

Electronic Communication

You are communicating electronically with the Company whenever You visit this Service or send us emails. By doing so, You irrevocably consent to also receive communications from the Company electronically either via emails or via notices posted on the Service. You thereby expressly agree that all such notices, disclosures, agreements and other communications provided electronically to You satisfy all and any legal requirements for written communications for the same.

Ultra Play offers films, web series, music videos, and other entertainment content on-demand in various languages. On Ultra Play OTT App - you can stream or even download your favorite content and watch it on mobile or a TV.

Ultra Media And Entertainment Private Limited is a company incorporated under Companies Act, 1956, having its registered office at 2-C Thakkar Industrial Estate M Joshi Marg Lower Parel (E) Mumbai Maharashtra 400011 India

Company is the owner of the online website www.ultraplay.in and provides an interactive platform for all its viewers and variants including but not limited to any associated mobile sites, applications, wapsite etc. (“Service”). The Service is a personalized service and provides a platform for its subscribers to inter alia view various cinematograph films, web-series, songs, sound recordings, clips, live content, linear feed of televisions channels and other audio visual content and/or only audio and/or only video (“Content”) on the Service and any other features, tools, applications, materials, contests, offers, or other services offered from time to time by the Company in connection with the Content and/or as such services as provided herein.

The Content will be available to You through different modes, at the discretion of Ultra Media And Entertainment Private Limited and the Service may allow You to (i) view and access the Content upon paying a subscription fees as per the relevant subscription plan selected; and/or (ii) view and access the Content, without paying any fees, on ad-supported or promotional basis; (iii) a pay-per-view model with or without advertisements/commercials or (iv) with a combination of the foregoing on the Service.

The Content may be made available to You for streaming and/or temporary downloading (for offline viewing), depending on the subscription plan availed by You. Please note that each Content may not be allowed for temporary downloading. In case there is an option to download any Content for offline viewing, then in such case the downloads will be temporary in nature, solely to enable You to view the Content in offline mode for a specific period. The Content made available on the Service may only be permitted to authenticated and registered subscribers of the Service. Please note that the availability of, and Your ability to access the Content or a part of the Services is (a) subject to Ultra Media And Entertainment Private Limited’s sole discretion and (b) may be dependent upon Your geographical location and (c) is on the condition that not all Content or Services will be available to all viewers.

Further, on account of the nature of the Internet, this Service and the Services may also be accessed in various geographical locations; and You hereby agree and acknowledge that You are accessing the Service and availing of the Services, at Your own risk, choice and initiative and you undertake to ensure that the use of Your Service and Services comply with all applicable laws including local laws in your jurisdiction.

Use of the Services is subject to compliance with these Terms of Use ("Terms of Use" or "Terms" or “Terms and Conditions”) and You hereby agree that You are viewing the Content as per Your own risk, choice and initiative, in strict compliance with all applicable laws in the jurisdiction.

By visiting the Service or using any of the Services You are agreeing to these Terms and Conditions. You must be at least 18 years of age to become a member of the Service. You hereby represent and warrant to the Company that You are at least 18 years of age. If You are under the age of 18, (i) You shall review these Terms and Conditions with Your parent or legal guardian to make sure that You and Your parent or legal guardian understands and agrees to it on Your behalf; (ii) You thereby agree to access the Service only under the supervision of an adult; and (iii) if further required, You shall perform or undertake such activities which will entitle You to enter into a legally binding agreement with the Company. Your access to and use of the Services is subject to these Terms and Conditions, Privacy Policy and all applicable laws.

The Service can be availed through platforms, software and devices, which the Company approves from time to time

Ownership of Content

The Content of the Service including all the data and information displayed or carried on by the Service and all associated trademarks, service marks, copyrights, patents and other intellectual properties included therein are the sole and exclusive property of the Company and/or its licensors and are protected by various intellectual property laws. Unless otherwise authorized by the Company, You agree not to copy, distribute, reproduce, archive, duplicate, stream, sell, transfer, repost, perform, modify, broadcast, transmit, retransmit, create derivative works, download, edit or commercially use any of the Content (or its part thereof).

Any unauthorized use of the Content by You shall deem to constitute infringement of the copyrights and other proprietary rights of the Company and/or its licensors and a violation of the Terms and Conditions, which may subject You to civil and/or criminal liability under applicable laws.

Subscription

We offer various subscription plans to enable You to access the Service and view the Content provided on the Service. The terms, details and offers of subscription plans shall be disclosed to You once You sign up on the Service. The Company offers different kinds of subscription plans, and each of these plans may vary from one other, including the price of fees of such plans. To become a subscriber of the Service, You may be required to provide us with personal information as may be required to make payments for such memberships on the Service. You can make the payment of the subscription fees (which shall be inclusive of all applicable taxes) via the following payment methods: credit card/debit card, internet banking, UPI and/or any such other payment method accepted by the Service (“Payment Method(s)”). You may provide us with information with respect to various Payment Methods, however You shall designate any 1 Payment Method as Your primary Payment Method. Once Your registration is completed on the Service, the Company shall intimate You of the same. Your Service membership shall continue until terminated. Certain membership plans on the Service may be offered by third parties with respect to their own products and services. The Company is not and shall not be responsible for such products and services offered by third parties on the Service. Any personal data whether provided by You or as a part of the Subscription process, or collected automatically when you use the service shall be governed by the Privacy Policy of Ultra Media And Entertainment Private Limited, available here.

We reserve the right to change the subscription plans along with its pricing from time to time. Any change in the subscription plan availed by You shall be notified to You.

Payments:

You will be automatically billed by the Company as per Your primary Payment Method for the subscription plan availed by You on the date of Your registration and/or in the event any free trial is provided to You, then at the expiry of the free trial. In addition to the subscription fees, You may also be billed for certain other charges such as possible transaction fees. The length of the billing cycle will depend on the subscription plan availed by You at the time You signed up on the Service. Your payment date may also change in certain circumstances, for example in the event You change your subscription plan. You can visit the “My Account” settings to view the status of your subscription, your billing cycle and to update Your Payment Method.

Unless You cancel your subscription, Your subscription will automatically get renewed (depending on the subscription plan availed by You) and thereby You authorize the Company to bill You for then prevailing subscription fees for the next billing cycle to your Payment Method. In the event the Company is unable to process the payment for Your subscription fees using the Your primary Payment Method, You authorize the Company to bill the same to any other alternate Payment Method provided by You to the Company. In the event all the Payment Methods provided by You are declined for payment of the subscription fees, then the Company may suspend and/or cancel Your subscription.

In the event You have signed up for any subscriptions which are provided by third parties on the Service, then the billing terms, cancellation and refund terms and other terms and conditions regarding the subscription of such third parties shall apply to Your membership.

Cancellation:

In the event You are desirous of cancelling Your subscription, You can visit the “My Account” section of the Service. Please note that no refund of any portion of the subscription fees shall be provided to You in the event of any cancellation and/or change in the subscription plan made prior to the expiration of your existing subscription plan for the unexpired period of your existing subscription plan. However, You shall continue to have access to the Service for such unexpired period.

Compatibility

The Service can be availed on different devices such as personal computer, laptop, mobile phone, and/or other devices, modes and/or platforms, which meet the requirements of the Company (“Compatible Device”). Any of the devices which are a Compatible Device at one time, may cease to be a Compatible Device in future.

Offers

We may offer promotional offers, trials and/or promotional memberships (“Offers”) to the subscribers of the Service from time to time. However, we shall have the sole right to determine Your eligibility to avail such Offers.

License granted to You:

Subject to Your payment of the applicable subscription fees and adherence to the Terms of Use (including, without limitation, Your representations and warranties mentioned herein below), the Company grants to You a non-exclusive, limited, revocable, non-assignable, license to access and view the Content and use the Services on the Service during the tenure of your membership with the Service, solely for personal and non-commercial purposes as set forth in these Terms and Conditions. Except to the foregoing, no rights, title and/or interest in the Content shall be transferred to You.

Third party content:

The Company may make available third party owned content (“Third Party Content”) through the Service. Such Third-Party Content is being facilitated by the Company at no cost to You, only for your personal usage. You acknowledge that the Company is only a facilitator of the Third-Party Content and does not have any commercial interest in providing You the same. You further acknowledge that the Company and its Service does not own or control any of this Third-Party Content. In addition, the Company and its Service shall not and cannot review, censor or edit or filter the Third-Party Content. Company makes no representations or warranties, express, implied, statutory or otherwise of merchantability, fitness for a particular purpose or non-infringement of third-party rights, with respect to the Third-Party Content. Accordingly, the Company has no liability or responsibility whatsoever for any such Third-Party Content available. You acknowledge and agree that any access, use or reliance on any such Third-Party Content is at Your own risk. You understand that, except for the Content and or services clearly identified as being supplied by the Company, the Company does not operate, control or endorse any information, Third Party Content and or services of any other person on the Service in any way. You further understand and agree that the Company does not guarantee or warrant that files available for downloading, if any, on the Service will be free of infection or viruses, worms, Trojan horses or other malicious code that may adversely affect You, Your computer or computer systems or Your data or files. In addition, You shall be responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website/Application for the reconstruction of any lost data. By using the Service, You expressly relieve the Company and any of its assignees, licensees, directors, partners or employees from any and all liability arising from Your use of the Third Party Content as aforesaid or for any damages of any kind incurred as result of Your reliance thereon. You expressly acknowledge and agree that Company and its Service is in no way responsible or liable for any such use by You of the Third-Party Content or for any damage of any kind incurred as result of Your reliance thereon.

The Service is also integrated with or may otherwise interact with third party applications, websites, and services ("Third Party Applications") and third-party Devices to make the Service available to you. These Third-Party Applications and Devices may have their own terms and conditions of use and privacy policies and your use of these Third-Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Company does not endorse and is not responsible or liable for the behavior, features, or content of any Third-Party Application or Device or for any transaction you may enter into with the provider of any such Third-Party Applications and Devices, nor does Company warrant the compatibility or continuing compatibility of the Third-Party Applications and Devices with the Service.

By agreeing to use/avail the Service, You agree, undertake, represent and warrant the following:

You will provide accurate, current and complete information about You or anyone else, and You will not provide false information about You or anyone else and will not impersonate anyone else or misrepresent Your affiliation with any person or entity;
You acknowledge and agree that all data and information including personal information collected by the Company is subject to Company’s Privacy Policy;
You will be responsible for maintaining the confidentiality of any username or password of Your account associated with Your access to the Service and You are solely responsible for all activities that occur under Your account;
You will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Service in any manner;
You agree that the Company, for any operational or technical reason, has the right to suspend Your access to the whole or part of the Services. In this event, the Company, however not obligated to, may give You a notice regarding such suspension and shall restore Your access as and when it is reasonably practicable for the Company;
Due to technical restrictions and/or the restrictions imposed by the licensors of the Content, the Service shall only be available in certain countries and further, the Content offered on the Service may vary from location to location.
Further You shall be permitted to access the Service simultaneously on such a number of Compatible Devices, as specified on the Service.
You will not remove, modify, alter, interfere with or circumvent any copyright, trademark, watermark or other proprietary notices displayed/marked/uploaded on the Service or associated with any of the Services on the Service;
You will not remove, modify, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure including geo filtering and encryption mechanisms, associated with the Content of the Service;
You will not do any act that may prejudice or damage the reputation of the Company and/or its affiliates or any of the Content uploaded on the Service;
You will not reproduce, duplicate, copy, sell, resell or exploit for any commercial or unlawful purposes, the materials or any portion thereof including the content/Third Party Content available on the Service.
You will not use the Service to conduct, or solicit the performance of, any unlawful activity or other activity which infringes the rights of others.
You will not Frame or mirror any part of the Service without Company’s prior written authorization.
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or the materials provided on this Service.
You will not Impersonate any person or entity, misrepresent Your affiliation with a person or entity, or misrepresent the origin of any content posted on or distributed through the Service.
The Company will not be responsible for any problems or technical malfunction of any computer online systems, servers or providers, computer equipment or software due to technical problems or traffic congestion on the Service or due to use of any of the Services, including any injury or damage to the users’ or to any person(s)’ computer related to or resulting from participation or downloading materials in connection with the Services;
In the event of non-availability of the Services including the Service or any portion thereof due to any event including but not limited to Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster or any other cause whatsoever beyond the control of the Company, You agree and acknowledge that the Company shall not be responsible or liable to You in any manner whatsoever due to non-availability of the Services and/or the Service (or any portion thereof) due to any of the aforesaid reason;
You will not knowingly transmit any material that contains adware, malware, spyware, software viruses, timebombs, cancelbots, worms, trojan horses, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
You agree that Your use of the Services and the Content may give You the opportunity to view, publish, transmit, submit posts and/or comment in accordance with these Terms and Conditions. You agree that You will not misuse the Content You access and/or view as part of the Services, including without limitation, download the Content by illegal/non-permitted means, or infringe any of the Company’s copyright, trademark and other intellectual property including any rights of the Company or its licensors subsisting in the Content. You further agree that You will not copy/record any of the Content You access and view as part of the Service, for any purpose, and/or copy/record any Content including video, images etc, by using any means including software, spyware, etc, for any purpose whatsoever;
You agree that the trademarks, logos and service marks shown or displayed on the Service are registered with their respective owners. Nothing in Your use of the Service shall be interpreted as granting any license or right to use any image, trademark, logo or service mark made available on the Service;
In case the Service allows You to download or stream any of the Content therein, You agree that You will not use, sell, transfer or transmit the Content to any person or upload the Content on any other website, webpage or software, which may violate/cause damages or injuries to any rights of the Company or its affiliates or any third party including privacy rights, publicity rights, and intellectual property rights;
The quality of the Content may vary from device to device and shall be subject to a number of factors, including without limitation, internet connection, internet speed, bandwidth, your device capabilities, etc. In the event we detect that the Content You are streaming on the Service may get interrupted due to any reason including due to Your internet connection, then in such event we may decrease the quality and resolution of the Content so that You can stream and view the Content without any interruption; and
You agree that the Company uses third party software in connection with the operation of the Service. You further agree that in the course of Your usage of the Service, You may come across various third party applications, websites, services that interact with our Service. Your use of such third-party applications shall be subject to the terms of use and privacy policy of such third-party applications and the Company shall not be responsible and/or liable for any representations, warranties and/or obligations made by such third-party applications to You, in any manner whatsoever.

Linked Services and Advertising

This Service may contain advertising and other material submitted to us by third parties. Although acceptance of advertisements on the Service on request is subject to our terms and conditions, we expressly disclaim any liability arising out of the usage of these products or services advertised on our Service. The Company shall not be held responsible for advertisements or any third-party material, nor does it take any responsibility for the products or services provided by advertisers. Any communication You have with advertisers found while using the Services are between You and the advertiser, and You agree that the Company is not liable for any loss or claim that You may have against an advertiser.

If the Company provides links or pointers to other websites or destinations, You should not infer or assume that the Company operates, controls, or is otherwise connected with these other websites or destinations. When You click on a link within the Services, the Company will not warn You that You have left the Services and are subject to the terms and conditions (including privacy policies) of destination website or destination. In some cases, it may be less obvious than others that You have left the Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before You provide any confidential information or engage in any transactions. You should not rely on these Terms and Conditions to govern Your use of another website or destination.

The Company is not responsible for the content or practices of any website or destination other than the Service, even if it links to the Service and even if the website or destination is operated by a company affiliated or otherwise connected with the Company. By using the Services, You acknowledge and agree that the Company is not responsible or liable to You for any content or other materials hosted and served from any website or destination other than the Service.

Termination

The Company shall have the right in its sole discretion to terminate and/or temporarily suspend and/or restrict membership or Your use of the Services or access to the Service/Content at any time, without notice or liability, if the Company determines in its sole discretion that You have breached these Terms and Conditions, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any reason deem fit by the Company.

User Support & Grievance Officer

If You have any queries, concerns, complaints or claims with respect to the Service, then such correspondence should be addressed to:

Ultra Media And Entertainment Private Limited at help@ultraplay.in

Further, in compliance with Information Technology Act, 2000 and the rules made thereunder, the name and contact details of the Grievance Officer are provided below:

Pratiksha Prajapati

2-C, Thakkar Industrial Estate

N.M. Joshi Marg, Lower Parel (E)

Mumbai, Maharashtra 400011

Email: grievanceofficer@ultraindia.com

Monday to Friday except Public Holidays (10:00 AM to 6:00 PM)

Disclaimer of Warranties

You expressly agree that Your use of the Services is at Your own risk. The Services including the Service, the Content, User Content and any other materials contained on or provided through the Service are provided “AS IS” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied.

Without limiting the foregoing, the Company does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the Services will be uninterrupted, free of viruses and other harmful components, accurate, error free or reliable.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, officers, directors, successors, assigns, licensors, employees and agents, from and against any and all claims, liabilities, damages, obligations, losses, costs, and expenses (including reasonable outside attorney's fees and costs) arising from: (i) any of Your User Content; (ii) Your use of and access to the Services; (iii) the breach of Your representations, warranties, covenants, obligations as set forth in these Terms of Use ; (iv) Your violation of any term of these Terms of Use; (v) Your violation of any third party right, including without limitation any copyright, property, or privacy right; and (vi) Your breach of any applicable laws. This indemnification obligation will survive the expiry or termination of Terms of Use and/or Your account/Your use of the Service.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY SERVICES, CONTENT OR MATERIAL, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, EVEN IF ADVISED OF THEIR POSSIBILITY.

Governing Law

This Terms of Use shall be governed by the laws of India and all disputes arising out of the Terms of Use and/or Your use of the Services shall be subject to the exclusive jurisdiction of the courts at Mumbai, India. Notwithstanding the foregoing, the Company has the right to bring any proceedings before any court/forum of competent jurisdiction and You shall irrevocably submit to the jurisdiction of such courts or forum.

Severability; Waiver

If any provision of these Terms of Use is held unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions of this Terms of Use and shall not affect the validity and enforceability of the remaining provisions. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Survival

You acknowledge that Your representations, undertaking and warranties and the clauses relating to indemnities, limitation of liability, license of rights, governing law shall survive the efflux of time and the termination of these Terms of Use and Your account.

Modification

The Company may from time to time, update, revise, supplement, and otherwise modify the Terms of Use to impose new or additional rules, policies, terms, or conditions on Your use of the Service and the Services. Any updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to as the "Updated Terms of Use") will be posted on the Service and will be effective immediately after such posting and thereafter incorporated into this Terms of Use. Your continued use of the Services will be deemed to constitute Your acceptance of any and all such Updated Terms of Use.

Entire Agreement

These Terms of Use and Privacy Policy constitute the entire agreement between You and the Company governing Your use of the Service and the Services, and supersedes any prior agreements entered between You and the Company regarding such use.

This disclaimer/terms of use are subject to change without notice.