Terms of Use

1. Your Acceptance

BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the Onyomo.com and Owap.in domain name, the "Onyomo Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF ONYOMO'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.onyomo.com/privacy.html , AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Onyomo Website.



2. Onyomo Website

These Terms of Service apply to all users of the Onyomo Website, including users who are also contributors of content, information, and other materials or services on the Website. The Onyomo Website may contain links to third party websites that are not owned or controlled by Onyomo. Onyomo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Onyomo will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Onyomo from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Onyomo Website and to read the terms and conditions and privacy policy of each other website that you visit.



3. Website Access

A. Onyomo hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Onyomo's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.



B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Onyomo immediately of any breach of security or unauthorized use of your account. Although Onyomo will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Onyomo or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Onyomo servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Onyomo grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Onyomo reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.



4. Intellectual Property Rights

The content on the Onyomo Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Onyomo, subject to copyright and other intellectual property rights under Indian and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Onyomo reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Onyomo Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Onyomo Website or the Content therein.



5. User Submissions

A. The Onyomo Website may now or in the future permit the submission of content or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Onyomo does not guarantee any confidentiality with respect to any submissions.



B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Onyomo to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. By submitting the User Submissions to Onyomo, you hereby grant Onyomo a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Onyomo Website and Onyomo's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Onyomo Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Onyomo Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Onyomo Website.

C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Onyomo all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Onyomo or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Onyomo does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Onyomo expressly disclaims any and all liability in connection with User Submissions. Onyomo does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Onyomo will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Onyomo reserves the right to remove Content and User Submissions without prior notice. Onyomo will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Onyomo also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Onyomo may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a request to info@onyomo.com with

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

E. You understand that when using the Onyomo Website, you will be exposed to User Submissions from a variety of sources, and that Onyomo is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Onyomo with respect thereto, and agree to indemnify and hold Onyomo, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

F. Onyomo permits you to link to materials on the Website for personal, non-commercial purposes only. Onyomo reserves the right to discontinue any aspect of the Onyomo Website at any time.



6. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE ONYOMO WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ONYOMO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ONYOMO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ONYOMO WEBSITE. ONYOMO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ONYOMO WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ONYOMO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.



7. Limitation of Liability

IN NO EVENT SHALL ONYOMO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ONYOMO WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT ONYOMO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Onyomo from its facilities in India. Onyomo makes no representations that the Onyomo Website is appropriate or available for use in other locations. Those who access or use the Onyomo Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.



8. Indemnity

You agree to defend, indemnify and hold harmless Onyomo, officers, directors, employees and agents, from and against any and 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 Onyomo Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Onyomo Website.



9. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.



10. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Onyomo without restriction.



11. General

You agree that: (i) the Onyomo Website shall be deemed solely based in Delhi India; and (ii) the Onyomo Website shall be deemed a passive website that does not give rise to personal jurisdiction over Onyomo, either specific or general, in jurisdictions other than Delhi. These Terms of Service shall be governed by the laws of the Union of India, without respect to its conflict of laws principles. Any claim or dispute between you and Onyomo that arises in whole or in part from the Onyomo Website shall be decided exclusively by a court of competent jurisdiction located in Delhi, India. These Terms of Service, together with the Privacy Notice at http://www.onyomo.com/privacy.html and any other legal notices published by Onyomo on the Website, shall constitute the entire agreement between you and Onyomo concerning the Onyomo Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Onyomo's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Onyomo reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Onyomo Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND ONYOMO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ONYOMO WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.



12. Movie Availability

1. OnYoMo has endeavored to ensure that all the information on the website is correct, but OnYoMo neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. OnYoMo makes no warranty, express or implied, concerning the website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the website.

2. Since OnYoMo acts only as a information delivery service, it shall not have any liability whatsoever for any aspect of the arrangements between the service provider and the user as regards the standards of services provided by the service providers. In no circumstances shall OnYoMo be liable for the services provided by the service provider.

3. Although OnYoMo makes reasonable commercial efforts to ensure that the description and content in the TOU and on each page of the website is correct, it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by any user due to any information contained herein. Also, OnYoMo is not the service provider and cannot therefore control or prevent changes in the published descriptions which are based upon information provided by the service providers.

4. OnYoMo does not endorse advertisers, if any, on its website in any manner.The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

5. In no event shall OnYoMo be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the services; (b) the cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into through the services; (c) unauthorized access to or alteration of the user's transmissions or data; (d) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website. Neither shall OnYoMo be responsible for the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, OnYoMo shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond OnYoMo's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. There is no liability on part of OnYoMo in respect of any services offered on the site. In no case the liability shall include any consequential loss, damage or additional expense whatsoever.



13. Community Credits

1. OnYoMo will, on a best effort basis, maintain your Community Credit data to the highest levels of accuracy, and honor the terms it has offered its users under the Community Credit system.

2. OnYoMo's Community Credits awarded for individual activities are subject to changes. OnYoMo reserves the rights to change the points awarded under Community Credits at its own discretion, and is the sole and final authority in determining the points awarded to you for a certain activity.

3. OnYoMo reserves the right to apply a discount of upto 25% on cash redemptions. This means that for every Rs 100 redeemed in cash, OnYoMo could deduct upto Rs 25, and redeem a net amount of Rs 75. This deduction is towards processing fee in disbursing the cash redemption.

4. Onyomo reserves the right to remove Content and User Submissions without prior notice. Onyomo will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Onyomo also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Onyomo may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

5. OnYoMo reserves all rights to withdraw the Community Credits offer to its users at its sole discretion, without any prior intimation, and will not be liable to its users for for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any user activity related to OnYoMo's Community Credits system



14. Daily Movie Puzzle contest

1. OnYoMo will, on a best effort basis, award free movie tickets to the puzzle winner, and honor the terms it has offered its users under Daily Movie Puzzle.

2. OnYoMo's "Win Movie Tickets for 2" scheme is subject to changes. OnYoMo reserves the rights to change the the number of tickets at its own discretion, and is the sole and final authority in determining the winner and the number of tickets awarded under this scheme.

3. OnYoMo reserves all rights to withdraw the Daily Movie Puzzle and/or the "Win Movie Tickets for 2" scheme at its sole discretion, without any prior intimation, and will not be liable to its users for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any user activity related to OnYoMo's Daily Movie Puzzle contest.