LIMITED LICENSE

The materials and the properties and any right attached to the content is specifically intended for the purpose of limited views and the Grantor (Macaw TV) is granting this license which is limited, non-exclusive, non-transferrable, revocable to access and make use of the website only to the extend as permitted by Macaw TV. It is explicitly made clear that no material or content of whatsoever nature of the website may be copied, reproduced, republished, uploaded, posted, revised, transmitted or distributed. The Grantor may permit the user to download certain specified contents or portions under the grant of this limited license and the user retain all copyrights and other proprietary notices on the material or content.

The user is hereby specifically restricted and prohibited from using any data mining, gathering or extraction tools on the Website. The contents and any materials thereof are attributed with Intellectual Property Rights and subject to termination of license granted to a user that limits the use of the computer program and the same is subject to copyright laws, limited license is restricted to users from legally being entitled to use several copies of the individual programs at the same time or use copies on anything except a particular computer.

INTRODUCTION

Macaw TVis a Proprietorship firm duly formed upon complying all relevant provisions, and having its office at Jhamapukur (“Macaw TV”) owns the domain name www.Macaw TVfilms.in (“Website”). The Website provides a selection of films, series, and other contents and allows the viewer to access and view, inter alia, movies and TV serials, music and videos streamed over the Internet to certain Internet-connected TVs, desktops, laptops, mobiles and other devices, upon payment of fees of the ticket.

Your use of the website and services are governed by the following terms and conditions, “Terms of Use” as applicable to the website. By using and accessing Macaw TV services you (“you”, “user”, or “end user”) agree to consent, agree and undertake to abide, be bound by and adhere these terms of use (“Terms of Use” or “Agreement”). And if you do not agree to these terms of use, you are requested not to avail the platform/ services and any use thereafter shall be unauthorized.

You acknowledge that you have read and understood the Terms of Use and that these terms of use have the same force as a signed agreement.

DESCRIPTION OF SERVICE AND ACCEPTENCE OF TERMS OF USE

Upon payment of fees of ticket, we make certain services available on the site and any content thereof, such as view movies, documentaries, other films, stream music, download music, tell your own story, identify third parties in your stories, it also provide an interactive platform for its viewers and any associated mobile sites, applications to inter alia view films and web series that includes trailers, musics and video contents including viewing schedules of content offered etc. on the Website and user interfaces, and any other features, tools, applications, materials, or other services offered from time to time by Macaw TV in connection with its business, provided on the Website and user interfaces, “Content” and includes posting of comments, participation in contests (all such features of the Website and user interfaces, collectively referred to as “Services”). The said access to any content by the user shall be valid only for 3 days from the date of purchase of the ticket.

ACCESS AND TICKET

The User may access and use certain portions of Macaw TV on the Website after purchasing a ticket. The said access to any content by the user shall be valid only for 3 days from the date of purchase of the ticket. To purchase the ticket the user may be required to provide certain personal information to Macaw TV, and as will be opted by You, payment may be made through a debit card, credit card, internet banking or through, e-prepaid wallet or other payment method accepted by Macaw TV “Payment Method”.

PAYMENTS OF FEES OF THE TICKET AND VALIDITY

Macaw TV will generally charge you the fees for ticket to view or access any content as specified by Macaw TV and each and every ticket shall be kept by it with respect to any particular content for a period of 3 days (72 hours from the time of purchase). The payment would be made for the purpose of purchasing the ticket through the third party payment gateway.

The ticket fees shall be inclusive of applicable imposition and taxes. The ticket fees shall never be refundable irrespective of the fact that the content has been availed by you or not.

It is understood and you hereby acknowledge that Macaw TV only facilitates third party payment gateway for processing of payments which is being managed by a Third party payment gateway provider and it is specifically made clear that with regard to payment made through such third party payment gate way, all terms and conditions has to be followed.

It is your sole responsibility for providing and maintaining accuracy and authenticity of the information provided including bank account number/credit card details and the like. In no manner Macaw TV shall be responsible or liable in anyway whatsoever for any losses whether direct, indirect, incidental or consequential, including without limitation any losses due to delay. The delay may be caused due to processing and in case of any fraud related to credit card.

Complaint can be filed with regard to payment processing on the Website or user interfaces, and the same will be forwarded to the concerned third party payment gateway provider for redressal.

Upon payment through any of the payment modes, a confirmation of receipt of such payment from the payment gateway provider, an invoice will be made available to You, if applicable.

It is hereby clarified that the ticket offered to You is by Macaw TV only and not by any third party including any payment gateway service providers.

Macaw TV reserves the right to change, terminate or otherwise amend the ticket fees and right to access any particular content at its sole discretion and at any time. Such amendments shall be effective upon posting on the Website and Your continued use of the Service shall be deemed to be Your conclusive acceptance of such amendments.

Macaw TV reserves the right to change, supplement, alter or remove any of the Content that is subject to a ticket fees as it deems fit. Macaw TV does not guarantee the availability of a specific Content or a minimum Content that is subject to a ticket fee.

ELECTRONIC COMMUNICATIONS

Since the transmission of any data or information or communication to Macaw TV is required to be carried out and you hereby unconditionally agree and understand that all such communication would only be carried out through electronic media/records and you hereby agreeing and consenting to receive communication to the same periodically as well in the event of the requirement. Macaw TV will communicate through emails or any push or other message or electronic records on the email address and or mobile number available with Macaw TV or made available to Macaw TV which will be deemed adequate service of notice/electronic record.

The consent accorded by you to Macaw TV and/or its respective affiliates and partners through contact information as provided at any time during your association with Macaw TV for any purpose including obtaining feedback offering new products etc.

Whatever the content in the service is not limited to on the website is protected by copyright, trademark, patent, trade secret and other laws, and shall not be used except as provided in these Terms and Conditions, without the written permission of Macaw TV.

USER COMMITMENT

Macaw TV respects intellectual property rights and expects you to do the same. Rules are the essence of the service and they are not only to be followed but endeavour should be taken to make others follow the same.

Since the contents and data transmitted through this media involves the intellectual property rights, it is reasonably expected that you being the User would never disobey or disregard the valuable rights pertaining to the contents and data transmitted through the media.

The commitments guaranteed by the users demonstrate that the user binds and adhere to the explicitly written conditions and restrictions on and in a prompt manner. It is hereby agreed by the user that the user will confirm that all the data and information supplied and provided by You when You register (“Registration Data”) to Macaw TV and or any Macaw TV affiliates, distributors is true, current, complete and accurate in all respects.

You further agree to promptly update Your Registration Data so that Your information remains true, current, complete, and accurate at all times.

You agree to that Your Registration Data and any other personal data collected by Macaw TV is subject to Macaw TV’s Privacy Policy. For more information, view the full Privacy Policy. Macaw TV may collect information such as occupation, language, PIN code, area code, unique device identifier, location, and the time zone where the Services are used and may use these to target advertising and make content recommendations.

You further acknowledge and agree to and giving fullest consent that Macaw TV may access, preserve, transfer and disclose Your account information and/or User Material subject to the Privacy Policy. Privacy policy is to be honoured subject to condition that it shall Privacy policy is to be honoured subject to conditions that it shall never stand to debar to enforce any legal requirement and the mandate of the Government and or by any lawful order and such is subjected to compliance of all laws including imposition by fiscal authorities, if required, and asked for and or if such disclosure and reservation and or access is otherwise warranted in compliance of the legal requirement and the territory or to for the purpose of giving effect to the terms and conditions and or to any reply or response of customer service on the basis of an urgent request and or to in any other manner to protect the right and or other attribution attached to the property of Macaw TV or its affiliates or users and or the public in general.

You also covenant yourself that Macaw TV has the right to temporarily suspend access to the whole or any part of the Services for any technical/operational reason and shall be under no liability to You in such an event. Macaw TV may, but shall not be obliged to, give You as much notice of any interruption of access to the Services as is reasonably practicable. Macaw TV will restore access to the Services as soon as reasonably practicable after temporary suspension.

You also agree that Macaw TV shall be under no liability whatsoever in the event of non-availability of the Website or any portion thereof occasioned by Act of God, war, disease, commotion revolution, man-made disaster riot, satellite failure, strike, flood lockout, fire, failure of any public utility or any other cause whatsoever beyond the control of Macaw TV which are basically force majeure clause.

It is hereby agreed that you are no circumstances or through the aid of any means of whatsoever nature and/or by whatsoever manner either directly or through any other possible means make any changes, remove or alter or carry out any modification and/or variation in respect of any content which tantamount to violation of any law including all intellectual proprietary rights attached therewith which would include generally all proprietary rights which are specifically restricted and forbidden under law.

It is also specifically covenant that any unauthorized imitation and or by any other means such ends can be achieved including copying, downloading etc through using any programme or device either directly or through the other means and thereby transmitting the contents thereof for any purpose whatsoever of anything and everything as appearing in the web portal is being hereby strictly prohibited. Any such act or actions carried out shall deem to be treated as being carried out for achieving such purpose which is restricted hereby and such restriction shall regardless the reason be treated to be thoroughly unauthorized and culpable under law.

You also agree and understand that Macaw TV 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 Macaw TV, its affiliates and or its licensors. The Services and the Content are protected by copyright, trademark, trade secret, and other intellectual property laws.

It is also specifically understood and undertaken that any unauthorized exhibition of the content of the service is being strictly restricted and any attempt to carry out such activity by whatever means and in whatsoever nature to exhibit such content including transmission or to hsot and otherwise is strictly forbidden. You shall also bind yourself that no obnoxious content of whatsoever nature inclusive of any harmful and harassing messages or information and/or obscene publication and/or in any manner any content affecting individual’s privacy shall be viewed strictly and all actions including penal actions shall be taken with respect of those. You are also specifically restricted to carry out anything relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; Harass or harm another person; Exploit or endanger or harms a minor in anyway; violates any applicable national or international laws, Use technology or other means to access, index, frame, or link to the Website (including the Content) that is not authorized by Macaw TV; regulations, rules and/or guidelines;

Impersonate or attempt to impersonate any person or entity; deceives or misleads the addressee about the origin of such messages or communicates any information which is considered grossly offensive or menacing in nature;

restriction is hereby imposed in dealing with the content in any form or manner which violates any of the intellectual property rights and also includes strict prohibition to cause any injury of whatsoever nature including but not limited to attracting any criminal liabilities in any form whatsoever. Any attempt to infect the content in any manner whatsoever and/or to otherwise restrict or guide the use of the content in a manner which is not intended to or which promotes disability to the functioning of any content or any software for the purpose of achieving any ill designed intention and or which restricts or limits and or interrupts or corrupts the devices, contents, software and/or the pages used in the website in any manner whatsoever shall be strictly dealt with in accordance with law.

The services and the content provided or permitted to be used for as in the manner which is thoroughly permissible and within the purview of law of the land and in no manner this content and or the Platform and or the services is intended to be used in any manner which may either directly or indirectly invite or entice any materials which is extremely evasive and/or or harmful or violates the national relationships and/or integrity of the sovernity of India and this portal or services neither permits nor encourage any inducement and/or active or indirect participation and/or patronage any content or material which either directly or through any means or device promotes or propose, instigate or entice any right of whatsoever nature which is lawful and protected to be violated and/or thrown away and such action or attempt thereof shall never be construed to be promoted but strict action to be invited.

It is specifically understood that the content provided on the Website is strictly for Your private viewing only and not for public exhibition irrespective of whether the public is charged for such exhibition or not. You hereby agree to refrain from further broadcasting or making available the Content provided on the Website to any other person(s), or in any manner communicate such Content to the public.

LINKED DESTINATIONS AND ADVERTISING

It is hereby understood that Part of this Website/Service contains advertising and other material submitted to Macaw TV by third parties and/or links to third party sites and third party content. Although display of advertisements on the Website on request is subject to Macaw TV’s terms and conditions, Macaw TV expressly disclaims any liability arising out of the usage or viewing of these products or services advertised on the Website or the (third party) content made available/hosted on the third party sites. You agree and acknowledge that Macaw TV does not endorse or sponsor such third party sites, content, advertising or other material. This Website may contain articles that are contributed by several individuals. The views are exclusively their own and do not represent the views of Macaw TV, affiliates and/ or its management. Users are most reasonably expected to understand the normal vulnerability attached with any third party content and it is exclusive conferment of liabilities to the users as to the content of a third party material and to understand it properly and the services and the website (Macaw TV) does not absolve any liability of whatsoever nature arises out of such third party content and or advertisement.

If Macaw TV provides links or pointers to other websites or destinations, You should not infer or assume that Macaw TV operates, controls, or is otherwise connected with these other websites or destinations. When You click on a link within the Services, Macaw TV will not warn You that You have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination.

Macaw TV and the content as published is Macaw TV and nothing more. Any invitation to the third party link in the platform of Macaw TV is left with as an invitation to the open understanding of fact that neither Macaw TV nor any of its affiliates accepts any liability with regard to any of such third party who has been shown and or to have been displayed in the portal of Macaw TV but being shown with a implied understanding and acknowledgement that such third party may either have their own terms of use and privacy policies or not at all, but Macaw TV neither takes away nor impose any of such of its own and do not in any circumstances accept any acknowledgment of any involvement or liability in any form whether incidental or consequential in nature.

USER REVIEWS, COMMENTS AND OTHER MATERIAL

Subject to due regard to the applicable laws, the service of “Post” which permit review and comments (collectively, “User Material”), you shall have all opportunity to publish, transmit, submit, or otherwise post your reviews or comments. But such review and comments shall never violate any or all applicable laws as well as rules and restrictions of the website.

It is being explicitly agreed by you that Macaw TV shall have all exclusive rights but without any obligations to monitor “User Materials” and to restrict or remove “User Materials” in kits own discretion for any reason of whatsoever mentioned. Macaw TV reserves its exclusive right even to investigate and take appropriate legal actions against anyone who in accordance with the sole discretion of Macaw TV violates its term of use, including but not limited terminate their account, suspend, limit, or use of the Services or access to Content and/or reporting such User Material, conduct, or activity, to law enforcement authorities. In addition restriction is enforced to strictly adhere to terms and conditions and not to host, display, upload, modify, publish, transmit, update or share any information /material/User Material which are harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or thoroughly objectionable in any form or manner whatsoever and/or contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource and/or threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the or is insulting any other nation.

It is understood and covenant that any posting of the user materials which not violate any right of any party including privacy rights, publicity rights, and intellectual property rights.

Privacy and expectations of privacy is not attributed with user material and it is not a confidential content. It is specifically covenant that through material posted in the “User Material” portion you hereby granted Macaw TV a license to use, display, reproduce, distribute, modify, delete from, add to, including on or through any property, in endurance, in any media formats and any media channels now known or hereinafter created.

It is also made clear that such grant to Macaw TV is non-exclusive, royalty free, irrevocable and sub-licensable.

Macaw TV’s use of such user material shall not require any further notice of attribution to you and such use of user material shall be not subjected to any permission from or any payment to you or any other individual or entity. It is explicitly made clear that the provisions of section 19(4) of the Indian Copyright Act, 1957, shall not apply to this license.

No assumption of any responsibility or liability is casted upon Macaw TV of whatsoever for any user material and any legal or equitable rights or remedies is expressly waiver by you in respect of such user material.

There is a complaint lodging mechanism in case you have any complaint regarding to any third party user material or content uploaded then please contact us which must bear your digital signature or a signed written complaint which should include the following information inter alia Details Of The Objectionable User Material Or Content; Details Of The Basis Of The Objection; What Relief Is Being Requested.

Macaw TV may require other information for the purpose of processing the complaint as lodged by you.

Macaw TV shall examine the complaint and take all possible reasonable measures including removing or taking down the objectionable user material expeditiously in accordance with applicable laws and the responsibility of Macaw TV is limited to removing the objectionable user material in pursuant to your objection in accordance with the terms of use and Macaw TV shall never be held responsible or liable for any other damages or losses if incurred by you of any nature whatsoever.

TERMINATION OF SERVICE

The Macaw TV reserves the right to immediately terminate, suspend, limit, or restrict Your account or Your use of the Services in part or in whole or access to Content, at its sole discretion, at any time, without notice or without liability, for any reason whatsoever, either for convenience or for any reason, including in the event of suspected or actual breach by you of any of these Terms of Use, the Privacy Policy, violated any law including rule, or regulation there under, engaged in any inappropriate conduct, provided false or inaccurate information, or for any other reason. It is comprehensively understood that you are granting an irrevocable consent and authority to Macaw TV, that Macaw TV can in its sole discretion exercise any of its right with regard to anything and everything and the same if exercised, none of the affiliates of Macaw TV shall be held responsible in any manner whatsoever and You hereby agree, acknowledge and consent to the same.

SUPPORT

If You have any questions, complaints or claims with respect to the Website and/or Services, then such correspondence should be directed to the address as given below. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded within any particular time frame and/or that we will be able to answer any such queries.

LIMITED LIBILITIES

You agree that uninstalling any Macaw TV software and refraining from using the Macaw TV is your sole and exclusive remedy for any problem or dissatisfaction with Macaw TV.

In no event shall Macaw TV, its, officers, employees, affiliates, subsidiaries, successors, assigns, suppliers, agents, contractors, principals, or licensors be liable for any direct, indirect, incidental, punitive or exemplary, special, incidental or consequential loss or damages, which is not foreseeable, arising from your use of the services 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 services or any content or material thereof, including, but not limited to, any errors or omissions.

In no event shall Macaw TV, its officers, employees, affiliates, subsidiaries, successors, assigns, suppliers agents, contractors, principals, or licensors be liable for any losses occurred due to mal-use, data corruption, reduction of the quantum of the business and the profits generated therefrom and/or in any other manner by which the devices or software use can be damaged.

INDEMNITY

You agree to fully indemnify, defend, and hold harmless Macaw TV, its affiliates, officers, employees and agents, representatives, sub-contractors, consultants, third party providers from and against any and/or all losses, claims, obligations, liabilities, costs or debt, and expenses damages, including legal fees resulting from: Your violation of any of the terms of use, your violation of third party right, your breach of any applicable laws use any unauthorized, improper, illegal or wrongful use of Your Account by any person, including a third party, whether or not authorized or permitted by You. Be the duration or effect of terms and conditions cease to exist, the irrevocable indemnification shall always goes on to operate.

GOVERNING LAWS AND JURISDICTION

This is a legal and binding agreement between You and Macaw TV and shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of Your use of the Services. Notwithstanding the foregoing, You agree that (i) Macaw TV has the right to bring any proceedings before any court/forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum and (ii) any proceeding brought by You shall be exclusively before the courts at Kolkata, India.

SEVERABILITY AND WAIVER

Unless as otherwise stated in the terms and conditions, should any provision of these Terms of Use is held invalid, void, or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner effect or render invalid or unenforceable the remaining provisions and that particular provision shall be considered severable from the remaining provisions, and the remaining provisions shall be given full force and effect to the extent permitted by law.

CHANGES

Macaw TV reserves the right to occasionally make changes to the terms and conditions of use for valid reasons, without notice to You, such as improving the existing functions and features or adding new functions or features to the Service, reasonable technical adjustments to the service, ensuring the operability or the security of services and for legal or regulatory reasons, or to update, revise, supplement, and otherwise modify these Terms of Use and to impose new or additional rules, policies, terms, or conditions on Your use of the Service. Any upgrade, alternation, addition, moderation and additional rules on material, policies, terms, and conditions (collectively referred to in these Terms of Use as “Additional Terms” will be shared on the Website and user interfaces, and will be effective immediately after such sharing and thereafter incorporated into these Terms and Conditions. Your continued use of the Services after such modifications will be deemed to constitute Your acknowledgment and acceptance of any of the modified Terms of Use and all such Additional Terms and agreement to abide and be bound by the modified Terms of Use. Upon modification being affected it is your duty casted upon to review these terms of use as and when it occurs. It shall always and remain be the absolute right in our favour to cancel, change, vary or terminate or not continuing any aspect of our site in any aspect of whatsoever nature including hours of availability or access or full and that is subjected to no notice or any penalty.

SURVIVAL

All the undertakings and indemnifications you made and representations carried out and all your expressive agreement regarding indemnification, granting of licence and clause of limited liability, governing law and confidentiality shall be given effect notwithstanding termination of the terms of use through passage of time.

ENTIRE AGREEMENT

These Terms and Conditions and Privacy Policy constitute the entire agreement agreed up between You and Macaw TV and supersede any prior agreements in relation to the subject-matter of these Agreement, whether oral or written.

MISCELLANEOUS

The content of linked site does not fall under any responsibility of accuracy or availability of information and we do not stand for ensuring such content.

We do not solicit nor do we wish to receive any confidential or secret information or material from you through the Site, through any of the Services, by email or in any other way. Any information or material that are submitted by you will be deemed not to be confidential or secret. You agree and acknowledge that by using this Site, all communications and/or information transmitted by you to or through the Site will not be treated as confidential or secret.

We control and operate the Site from our offices in India. The relationship between You and Macaw TV shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of Your use of the Services. Notwithstanding the foregoing, You agree that (i) Macaw TV has the right to bring any proceedings before any court/forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum and (ii) any proceeding brought by You shall be exclusively before the courts at Kolkata, India. All viewers and users of the Site agree to submit to the exclusive jurisdiction of the Indian Courts.

It comes with an implied right to alter, delay publication of any user’s information to the site including right to remove any information or content for any reason whatsoever, at any time.

COPYRIGHT ACT AGENT

The site and content and the services are intellectual properties and copyright laws are attractable. Your are required to understand the same equally and be respectful towards the same. If , even , in any case you think that the you had been subjected to violation of copy right laws then you may send your all detail statement and truthful account along with all description of alleged violation and its location and all other detail regarding its ownership of copyright.