TERMS OF USE

Revised as on _17th June 2021

Last updated as on_15th August 2021

 

This Platform is created and operated by M/s Lavio Streaming Private Limited (hereinafter referred to as “We”, “Our”, and “Us”) and operating under the brand name “Lavio” (“Brand name”). We intend to ensure your steady commitment to the usage of this website https://lavio.in and the application Lavio (hereinafter collectively referred to as “Platform”).

For the purpose of this Terms of use (“Terms”), wherever the context so requires, “We”, “Our”, “Company” and “We” shall mean and refer to the Platform. “You”, “Your”, “Yourself”, “User” shall mean and refer to natural and legal individuals who shall be users of this Platform who are competent to enter into binding contracts. “Third Parties” refer to any other platform or individual apart from the company and the user of the Platform.

Lavio is a member of IAMAI (Internet and Mobile Association of India) and is soon to be associated with an organization recognized by the ministry of broadcasting. When the threshold of number of users exceeds 50 lakh users, Lavio will participate and be a part of the 3 stage IT rule pertaining to consents of the customers within 3 months in accordance to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 under Section 87 of the Information Technology Act,2000 (21 of 2000).

 

GENERAL TERMS

    i. The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall be used by you to interpret the provisions contained herein in a manner as may apply to you. Further, it is specifically agreed by you that the headings shall have legal or contractual value on your usage of the Platform.

ii. The use of this Platform is solely governed by these Terms, Privacy Policy and such other policies that shall be available on the Platform and that may be uploaded on the Platform and any modifications or amendments made thereto by us from time to time, at our sole discretion. If you continue to access and use this Platform, you are agreeing to comply with and be bound by the following Terms and Privacy Policy and all the other policies of the Platform.

iii. You expressly agree and acknowledge that these Terms and Privacy Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.

iv. You unequivocally agree that these Terms and the Privacy Policy constitute a legally binding agreement between us, and that you shall be subject to the rules, guidelines, policies, terms, and conditions applicable to your use of the Platform, and that the same shall be deemed to be incorporated into these Terms and shall be treated as part and parcel of the same. You acknowledge and agree that no signature or express act is required to make these Terms and the Privacy Policy binding on you and that your act of visiting any part of the Platform constitutes your full and final acceptance of these Terms and the Privacy Policy.

v. We reserve the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to you, and you expressly agree that any such amendments or modifications shall come into effect immediately. If you do not adhere to the changes, you must stop using the Platform at once. Your continued use of the Platform will signify your acceptance of the changed terms.

 

PLATFORM SERVICES

The Platform is an OTT platform available for B2C and B2B customers and will be operated from India and the services being provided within India only. The Platform’s services offered are on several devices like browsers and through applications that can be accessed on Desktop, Laptop, mobile devices (android or iOS based), and TV applications like iOS, android, Samsung, LG, Fire TV, Apple TV, Chromecast.

The Platform enables content watching in multiple languages (like movies, web series, short films, documentary, music, individual or group performance, programs to share information or educate viewers or users), audio program or listening to Music, Live streaming (user can exhibit a program to other users of the Platform. The Platform will additionally telecast (Live or general) programs for all users. The Platform enables the users to upload content, use the Chat forum, provide opinions, Video-on-Rank.

The Platform additionally provides Live streaming, post-survey, post presentations, post advertisements.

 

REGISTRATION AND SUBSCRIPTION

For the purpose of the use of the Platform, every new user will have to mandatorily register on the Platform by using the Sign-up or Register here option to be able to experience some of the Platform’s Services that may be available for free.

A username will be created during user registration, and this will be used at several instances like invoice, email, discussion forum (“bubbles”), content upload (“Manoranjan”), Poll/ Survey forum, Treasure hunt, educational post (“Shiksha”) and similar other services. And when the user has mentioned one’s own name, such name will be used in place of the username to the applicable services like invoice, email and similar other services.

The Registered users of the platform may however view additional content or avail additional services of the Platform by subscribing to the Platform for which the registered user will be bound to make the payment for the same.

We currently do not provide any social media login; however, we may do so in the future for an effective viewing experience.

A registered user has access to all services that are available for free as a part of Free Trial service.

A subscribed user will have access to all the facilities that are visible and available on the platform.

We also have a PPV user who will have access to all the facilities accessible similar to the registered users and other than this, the PPV user will have access to the particular service that has been paid for by the user.

All the types of users accept all the terms, rules, and conditions designed/crafted by Lavio.  For ex: device restriction or Screen restriction.

ELIGIBILITY

    a) You represent and warrant that you are of the age of majority i.e., 18 years of age or above while registering yourself on the platform and accessing the services of the Platform.

b) You represent and warrant that you are competent and eligible to enter into legally binding agreements and that you have the requisite authority to bind yourself to these Terms.

c) You further represent that you will comply with these Terms and all applicable local, state, national and international laws, rules, and regulations.

d) You shall not use the Platform if you are not competent to contract or are disqualified from doing so by any other applicable law, rule, or regulation currently in force.

 PAYMENT GATEWAY

For making all payments for purchases on the Platform, you shall be required to make a payment for which you will be redirected to a third-party payment gateway that we may have an agreement with. The payment gateway may additionally seek information from you to process the payment for your payment and additionally may charge you the payment gateway charges that may be applicable. The payment gateway consists of Debit Card/Credit Card/Net Banking/UPI and other wallet options. You shall be governed under the concerned payment gateway’s Terms and Conditions and other Policies for the purpose of all payment-related aspects.

The Platform shall undertake to use Cashfree payment gateway (for all domestic payments) and Atom payment gateway (for multi-currency and international payments) as and when available.

The Platform will undertake to hire professional payment gateway services from these platforms for the purpose of receiving payments and to undertake recurring and auto-renewal payment services. Such Services shall be governed under the concerned payment gateways’ terms and conditions and the platform is a mere provider of the Services on a payment basis from the user.

 

USER SIGN UP PROCESS

The user of this Platform shall undertake to click the “Sign Up” or “Register here” option available on the Platform to undertake a registration on the Platform. For the purpose of registration, the user will be required to enter the registered mobile number and an OTP shall be generated for the purpose of authentication. The Registration shall commence only upon the User authenticating through the OTP registration.

The user will be required to provide the following information for the purpose of registration completion:

• Username (this has to be unique otherwise it will not be accepted – This username will be used as an identification in the software application for user, example, social media services such as Manoranjan, Bubbles, poll or survey).

• Email address

• Password

• Confirm password

When the above is successfully submitted, the user will receive a verification link to the above-registered email address. The signup and registration process shall be completed only upon the user undertaking to click the verification link sent through email.

 

PROMOTIONS, REWARDS & OFFERS

From time to time, we will be informing users and viewers about various promotions, offers, and rewards by the way of news or advertisements. Such offers and rewards and news may contain gift coupon codes, new program releases, lucky draw offers on a subscription or free or discounted subscription, monetary benefits in case of business referrals or association, and similar things. All this information may be shared over our blog platform https://www.lavioblog.in.

CONTENT

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music, and artwork (collectively, ‘Content’), is generated/provided or based on information provided by the users or third parties and we have no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such content or such other information provided on the Platform.

All the Content displayed on the Platform is subject to copyright and shall not be reused by you (or a third party) without the prior written consent from us and the copyright owner.

You are solely responsible for the integrity, authenticity, quality, and genuineness of the content provided on the Platform and whilst feedback and comments by you can be made via the Platform, we bear no liability whatsoever for any feedback or comments made by the other users or made in respect of any of the content on the Platform. Further, the Platform reserves its right to suspend the account of any user for an indefinite period to be decided at the discretion of the Platform or to terminate the account of any user who is found to have created or shared or submitted any content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar.

You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the Platform. You shall not copy, adapt, and modify any content without written permission from us.

Regarding the content the Platform does not promote or encourage or motivate in any order or manner the practices like smoking, drinking alcohol, consumption of any drugs in any manner or method pertaining to any reason or so, that may entertain or enthral or provoke the users to imitate. The Platform does not promote any kind of scenes or stunts that may endanger the life of any being to the extent of death. All these scenes may be a fictious or may be shown as a part of the incident or dramatic incident that may be a recording or live show and all such scenes may not resemble any identity or personality, specifically or even a glimpse of any person who may or may not be part of the Platform or any other person. All characters are fictious.

INDEMNITY

You agree to indemnify, defend and hold harmless us, and our respective directors, officers, employees and agents (collectively, “Parties”), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or maybe payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these Terms. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with:

a. Your use of the Platform,

b. Your violation of these Terms.

c. Your violation of any rights of another.

d. Your alleged improper conduct according to these Terms.

e. Your conduct in connection with the Platform.

You agree to fully cooperate in indemnifying us at your expense. You also agree not to settle with any party without consent from us.

In no event shall we be liable to compensate you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not you had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with your use of or access to the Platform and/or the services or materials contained therein.

 

ADVERTISEMENT TERMS

You can advertise with us, please contact us through the website link available by the same name at the footer of the homepage. Advertisements are allowed to be uploaded only by the Platform and its administrators. No user is allowed to upload any kind of advertisement over the Platform without the permission and consent of the Platform. The Platform has all the rights to remove such user from membership.

 

CONTENT TERMS

The user shall be responsible for any content uploaded by the User and the Platform will not be responsible for any type, any part, any form of content that is produced and/or uploaded by the User which may result in infringement or breach the copyrights of other associations or companies or any individual intellectual property. Further, if that content has an obscene part, or profanity, or any other part that may be objectionable in legal terms, the Platform will not be liable at any cost. Further, the Platform will not bear any expenses towards any part thereof related to such issues. Users are strictly advised not to upload any kind of advertisements or promotions without the permission of the Platform.

Users are advised to upload their content only in the specific header or right section of the topic like Music & Entertainment, Electronics and Engr., Skills & Hobbies, Travel & Places, Culinary & Health, Farmer’s Corner,

By using this service provided by the Platform, the user can upload and/ or publish one’s own content or any content that stands good under legal context, will have an opportunity to gain popularity.

Depending on the type of content and its popularity, the Platform may publish the user’s content in the “Lavio Show” section of OTT services, and this will help users to gain more popularity.

Also depending on the number of visits, the user may have a chance to get rewarded. Such information about rewards and offers may be updated posted from time to time on our blog website https://www.lavioblog.in.

 

CONTENT CODE & PROTECTION BETWEEN USER AND THE PLATFORM

Any content uploaded by the User that has no legal challenges shall be transferred to the Platform and shall be the Platform’s property. The User shall duly undertake to consult with the Platform if the user intends to monetize over the content that has been uploaded by the user.

Considering that the user has the potential skill and/ or abilities to perform or deliver, these Terms will be the foundation for an Agreement between the Platform and the user where the Platform will be entitled to execute and sign additional Agreements with the user towards a co-ownership of up to 50 different contents created by the user or get up to 10 live services of the user (users’ performance) at given time, without any monetary obligations. However, the Platform may reward that user in return with a complimentary gift or annual membership or even monetary rewards at the Platform’s discretion.

Should the content have no legal issues, we will exercise its best efforts to protect the content and its owners’ identity from third-party associations. The Platform will act as an intermediary when any interested person or organization is willing to contact such user related with the user’s performance that is shown in the uploaded content and the Platform will be entitled to benefit only by the way of gaining some brokerage towards the services, and additionally charge the expenses of the services offered towards content management over the platform and the efforts made towards creating associations with similar third party person or organization, however, the Platform will ensure that the user will gain the maximum benefit from such association. The Platform will be entitled to benefit not more than 25% of the share of the revenue that has been dealt between the third party and the user. To share more information in this regard the user may email Lavio at admin@lavio.in

 

LIMITATION OF LIABILITY

        a. We are not responsible for any consequences arising out of the following events:

i. If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure.

ii. If you have fed incorrect information or data or for any deletion of data.

iii. If there is an undue delay or inability to communicate through email.

iv. If there is any deficiency or defect in the services managed by us.

v. If there is a failure in the functioning of any other service provided by us.

b. The Platform accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to you, your belongings, or any third party, resulting from the use or misuse of the Platform or any service availed of by us through the Platform. The service and any Content or material displayed on the service is provided without any guarantees, conditions, or warranties as to its accuracy, suitability, completeness, or reliability. We will not be liable to you for the unavailability or failure of the Platform.

c. You are to comply with all laws applicable to you or your activities, and with all Policies, which are hereby incorporated into these Terms by reference.

d. The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform, and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by you as a result of your breach of these Terms.

e. Any content posted by you shall be deemed as to have been given authority to the platform to take any kind of action over such content as appropriate and we may delete or share or hide or even exemplify to other users to make them understand about the malpractices.

f. To the fullest extent permitted by law, we shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.

 

TERMS

                    a. These Terms shall continue to form a valid and binding contract between us and shall continue to be in full force and effect until you continue to access and use the Platforms.

b. You may terminate your use of the Platform at any time.

c. We may terminate these Terms and close your account at any time without notice and/or suspend or terminate your access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.

d. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.

e. It is also hereby declared that we may discontinue the services and Platforms without any prior notice.

 

TERMINATION

    a. We reserve the right, in its sole discretion, to unilaterally terminate your access to the Platform, or any portion thereof, at any time, without notice or cause.

b. We also reserve the universal right to deny access to you, to any/all of are on its Platform without any prior notice/explanation to protect the interests of the Platform and/or other users to the Platform.

c. We reserve the right to limit, deny or create different access to the Platform and its features concerning different users, or to change any of the features or introduce new features without prior notice.

d. You shall continue to be bound by these Terms, and it is expressly agreed to by you that you shall not have the right to terminate these Terms till the expiry of the same.

COMMUNICATION

By using this Platform and providing your identity and contact information to us through the Platform, you agree and consent to receive calls, e-mails, or SMS from us and/or any of its representatives at any time.

You can report to “_grievance@lavio.in_” if you find any discrepancy about Platform or content-related information and we will take necessary action after an investigation.  The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.

You expressly agree that notwithstanding anything contained hereinabove, it may be contacted by us relating to any services availed by you on the Platform or anything pursuant thereto and you agree to indemnify us from any harassment claims. It is expressly agreed to by us that any information shared by us shall be governed by the Privacy Policy.

 

USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT

You agree and acknowledges that you are a restricted user of this Platform and you:

a. Agree to provide genuine credentials whenever required on the Platform. You shall not use a fictitious identity. We are not liable if you have provided incorrect information.

b. Agree to ensure the Personally Identifiable Information and any such other information that may be provided and shall keep your information accurate and up to date.

c. You also acknowledge the fact that data so entered into the database is for easy and ready reference for you, and to streamline the services through the Platform.

d. Agree and understand that all the Platform is an OTT service provider, and the Platform will be not responsible for any kind of content that may be objectionable to the viewers or users which includes but is not limited to features such as opinion (poll), content upload and chat forum.

e. Understand and agree that, to the fullest extent permissible by law, the Platform or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Platform or this Terms, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.

f. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission.

g. Agree not to access (or attempt to access) the Platform and/or the materials or services by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of your access to the Platform. We disclaim any liabilities arising concerning such offensive content on the Platform.

h. Further, you shall be liable for any compensation or legal consequence that may arise from the usage of the Platform.

i. Expressly agree and acknowledge that the Content generated by the users and displayed on the Platform is not owned by us and that we are in no way responsible for the content of the same. You may, however, report any offensive or objectionable content, which we may then remove from the Platform, at our sole discretion.

You further undertake not to:

a. Engage in any activity that interferes with or disrupts access to the Platform or the services provided therein (or the servers and networks which are connected to the Platform).

b. Hold the Platform or us responsible for any dispute that may arise or result as matter of your access and usage of the Platform. Disputes shall include and is not limited to disputes arising from chat forum, video upload, poll, comments etc.

c. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity.

d. Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. The user may not reverse look-up, trace or seek to trace any information relating to any other user of, or visitor to, the Platform, or any other viewer of the Platform, including any user account maintained on the Platform not operated/managed by the user, or exploit the Platform or information made available or offered by or through the Platform, in any manner.

e. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked Platforms.

f. Use the Platform or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or any other third party (s).

g. Violate any code of conduct or guideline which may apply for or to any particular service offered on the Platform.

h. Violate any applicable laws, rules, or regulations currently in force within or outside India.

i. Violate any portion of these Terms or the Privacy Policy, including but not limited to any applicable additional terms of the Platform contained herein or elsewhere, whether made by amendment, modification or otherwise.

j. Commit any act that causes us to lose (in whole or part) the services of its Internet Establishment (“ISP”) or in any manner disrupts the services of any other supplier/service provider of the Platform.

k. You hereby expressly authorize us to disclose all information relating to you in our possession to law enforcement or other government officials, as we may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. You further understand that the Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial order, law, regulation or valid governmental request.

l. By indicating your acceptance to use any services offered on the Platform, you are obligated to complete such transactions after making payment. You shall be prohibited from indicating their acceptance to avail services where the transactions have remained incomplete.

m. The Users of this Platform may and can post reviews on the specific program on the program page available on the Platform.

n. The Subscribed user shall have access to social media services like content upload by the name eZone, Discussion forum by the name Bubbles, Poll or survey by the name MatchPoint, Video-on-Rank feature by the name WishList which shall be used and utilized by the Subscribed users at their discretion.

o. The user hereby acknowledges and agrees that the subscription plan is with respect to the resolution offered and the number of devices under each user account and the users shall duly undertake to read these terms and conditions towards the same.

p. The Platform hereby acknowledges that the Platform will undertake all measures to maintain security of the user and the content by way of introducing new features or technology or upgrading its services and the user shall not object in any way or manner to one’s individual or group of user’s benefit. The user should accept all the rules and conditions designed by the Platform.

q. The user hereby agrees and undertake to acknowledge that the Platform may choose to provide certain services on certain devices and applications and the Services and the features of the platform shall be variable from one device to another and the User shall not undertake to raise any disputes or concerns of the same.

r. You agree to use the services provided by us, our affiliates, consultants and contracted companies, for lawful purposes only.

s. You agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by you at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), we shall in our sole discretion reject the registration and debar you from using the Platform without prior intimation whatsoever.

t. You agree not to post any material on the Platform that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful or advertising any goods or services. More specifically, you agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:

i. belongs to another person and to which you have no right to;

ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

iii. is in any way harmful to minors;

iv. infringes any patent, trademark, copyright or other proprietary rights;

v. violates any law for the time being in force;

vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;

vii. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;

viii. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

ix. Publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing;

x. Threatens the unity, integrity, defense, security or sovereignty, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

 

SUSPENSION OF ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Platform, and/or refuse to the usage of the Platform, without being required to provide you with notice or cause:

a. If you are in breach of any of these Terms or the Privacy Policy.

b. If you have provided wrong, inaccurate, incomplete, or incorrect information.

c. If your actions may cause any harm, damage or loss to the other users or us, at our sole discretion.

 

INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give you a right to use any of the trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms that shall be available on the Platform. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by either the Platform or such other third party and other distinctive brand features of the Platform are the property of the Platform or the respective copyright or trademark owner. Furthermore, concerning the Platform, we shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.

Any duplication, reproduction, fabrication or infringement of intellectual property of the platform or any other user who may be the owner of such property, by the user, will result in legal action against you. And you will fail to have ownership of such act or content created by you.

You shall not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective users of the Platform, or that in any manner disparages or discredits the Platform, to be determined in the sole discretion.

You are aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the creators. You are aware that we merely provide the Platform through which you can communicate with other users and the Platform does not own any of the intellectual property relating to the independent content displayed on the Platform, apart from created graphics and specified content.

You are further aware that any reproduction or infringement of the intellectual property of the owners by you will result in legal action being initiated against you by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by you that the contents of this section shall survive even after the termination or expiry of these Terms and/or Privacy Policy.

DISCLAIMER OF WARRANTIES AND LIABILITIES

        a. You further agree and undertake that you are accessing the Platform at your sole risk and are that you are using the best and prudent judgment before availing of any features on the Platform or accessing/using any information displayed thereon.

b. You agree that any kind of information, resources, activities, recommendations obtained/availed from the Platform, written or oral, will not create any warranty and we disclaim all liabilities resulting from these.

c. We do not guarantee that the features and content contained on the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and you hereby expressly accept any associated risks involved with your use of the Platform.

d. It is further agreed to by you that the contents of this section shall survive even after the termination or expiry of the Terms and/or Privacy Policy.

 

FORCE MAJEURE

We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to force majeure events including but not limited to acts of war, acts of god, earthquake, natural calamities, sick and accident, pandemic riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

 

DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by you hereto that the formation, interpretation, and performance of these Terms and any disputes arising therefrom will be resolved through Arbitration. It is further agreed to by you that the contents of this section shall survive even after the termination or expiry of the Terms and/or Privacy Policy.

Arbitration: In the event that the Parties are unable to amicably resolve a dispute, the said dispute will be referred to arbitration by a sole arbitrator to be appointed by us, and the award passed by such sole arbitrator will be valid and binding on all parties. All cost of the Arbitration shall be borne solely in accordance with the Arbitrators award. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Hyderabad, Telangana, India. All the legal expenses inclusive of travel and filing the case and the charges of hiring any legal services towards filing the case will be borne by the user.

You expressly agree that the Terms, Privacy Policy and any other agreements entered between the Parties are governed by the laws, rules, and regulations of India.

 

MISCELLANEOUS PROVISIONS

                    a. Entire Agreement: These Terms, read with the Privacy Policy, form the complete and final contract between us with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.

b. Waiver: The failure at any time to require performance of any provision of these Terms shall in no manner affect our right at a later time to enforce the same. No waiver by us of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.

c. Severability: If any provision/clause of these Terms is held to be invalid, illegal, or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality, or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.

d. Contact us: If you have any questions about these Terms, the practices of the Platform, or your experience, you can contact us by emailing at Customer Support with subject-line “Questions” added to your query_ or to the address provided below:

Lavio Streaming Private Limited

H No 3-30, Plot No 30,

Quiet Lands, Gachibowli,

Hyderabad – 500032, Telangana