AppSmartz (The company, we, our) has launched its app DramaFlix (app) on its channels, i.e. mobile applications (Android and iPhone), website (Platforms). The app has provided series of drama stories for its users/viewers.

A user/viewer can use, view or access (in short Use) it by login it after going through its privacy policy at Privacy Policy The Terms constitute a legally binding agreement between you and the Company.

These TERMS OF USE together with privacy policy and other guidelines, if any, which we may publish from time to time, govern our relationship with users (“users”, “you”) of the show available on the Platforms of the company.

On accessing or using the Platforms of the company, you confirm that you have gone through the privacy policy of the show and these terms and thereafter you unconditionally accept these terms. So, you are hereby suggested to read these Terms and privacy police of the company for the show carefully before using the Platforms. If you do not agree to these Terms, please do not use the Platforms and you are not granted permission to access, view, or otherwise use the Platforms for any purpose.

The Platforms may contain links or embedded material to third party content, which remains beyond the control of the company, which also includes without limitation, other websites and third party services, for the convenience of visitors, advertising purposes, or for other similar functions related to business of the company. The company linking or embedding to third party content does not imply an advertisement or endorsement of any good, service, product, or otherwise, provided by such third party. Company is not responsible for any third party content linked or embedded to or from its Platforms and expressly disclaims, without limitation, any responsibility for any third party content, the accuracy of any information found on any third party website, or the quality of products of services provided by or advertised on such third party website/s. Company may add, change, or remove any part of this Terms of Use at any time, without notice. Changes in any of these terms shall be effective immediately on its posting on the platforms of the show. Raising no objection for three days from the posting of these terms hereat shall amount to your acceptance and consent to the changed terms. Company may modify, add, remove, discontinue or suspend any Content posted on the platforms temporarily or permanently, at any time, without notice and without liability.

• ❋Eligibility

  You must be at least 18 years of age to use the Platforms. By agreeing to these Terms, you represent and warrant to us that you are at least 18 years of age and mentally sound to understand the terms of use of the platforms of the company and terms of privacy policy and being agreed with the present terms and privacy policy, you are using the platforms of the company. Your registration and use of the platforms is in compliance with all applicable laws and regulations. If you use service of the company on behalf of an institute, organization, company or any entity, you represent and warrant that you have the authority to bind that Institute, organization etc. to these Terms and you agree to be bound by these Terms on behalf of that organization.
  
  All parents or guardians as the case may be are suggested to have a watch over the intending user, if any their child below the age of 18 years is using the platforms of the company without their supervision, control, management or guidance. Parents can also report us in this regard and make a request to suspend or stop the use of the platforms of the company to their child at support@appsmartz.com. On request of the parents, the company shall act as per the request of the parents.

  View the App

  • You need to give certain required information to register with the company. You hereby agree to provide the correct and accurate information and on any modification in the same, you shall update the company.
  • You are responsible to maintain the security and control over your account. You are responsible for restricting the access to your account. You are suggested not to share password of your account with anyone. Company does not seek password from its any user.
  • You know that you have ability to delete your Account, and you should understand that upon deletion of your Account, you will lose the right to access or use all or part of the Platforms.
  • Company reserves the right to disable, suspend, or terminate your Account, at any time, for any reason in our discretion, especially when you fail to comply with any provision of these Terms.

• Legal Restrictions

  While using the platforms of the company, neither you will: -

  • not copy, download, record the intellectual properties of the company like, design, graphics, photos, audio, video etc. being displayed as still or in movement on its platforms nor shall make any attempt of it,
  • not reproduce, distribute, access, publicly display, or publicly perform the content and properties of the company.
  • not make modifications to the service/s, properties or content,
  • not alter or modify the Platforms of the company in any way nor use other technology or means to access the Platforms, including, without limitation, using no bots, spiders, or other automated means of accessing the Platforms.
  • not make any attempt to do the actions referred above in clauses 3.1 to 3.4 in any manner or with the support of any IT or AI generated tools or with any other mechanism or technology.
  • The company will play the licenced shows of original and rightful owners on its platforms. Thus, all the intellectual copyrights and other properties of such owners shall also be covered under the protections referred in the clauses 3.1 to 3.5 above.

• Subscription

  • The company has plans to enjoy the platforms free of cost to some extent, whereas some plans are subject to payment of subscription fee.
  • While opting for the plans against the subscription, the access to the Platforms may require you to pay a subscription fees detailed in the subscription Plan, which you will be able to see before using the platforms. Before you pay any subscription, you will have an opportunity to ignore OR accept the subscription and its payment plan/s.
  • The subscription will be for a certain period and before renewal of the same, it may be changed, for which you will be informed well in advance, if changed.
  • Company shall also update the payment plans on its platforms, whenever modified. So, you are suggested to check our platforms periodically for current pricing information. Initial subscription fee and payment plan may be changed while changing the payment plan and while renewing the subscription.
  • You hereby issue a mandate in favour of company and authorize the company to charge the subscription as per payment plan opted by you directly from your bank account, wallets given by you to the company through electronic process. If you pay any fees via a credit card, company may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. Payment processing services are provided by the third-party service through which the purchase is made (e.g., Apple In-App Purchases, Google Play, PayPay).
  • All purchases may be subject to taxes and other fees, including, without limitation, foreign exchange fees or differences in prices based on location (e.g. exchange rates). We may calculate taxes payable by you based on the information that you provide us via your Account or at the time or purchase.
  • Company may provide some discounts to any particular user subject to proper compliance of certain features for using the platforms. Such discount/s cannot be claimed as matter of right, if given once to any particular user on acquiring special gains subject to certain compliance.

• Disclaimers

  • The shows on the Platforms of the company are made available under the licence/s taken by the company from its rightful owner/s. Company shall not be liable for any claim of user on the ground that the show does not owned by the company OR the same is available on any other platform for a cost less than the cost of the company.
  • Company does not guarantee that the use/play of the shows on its Platforms in the area of the user shall be uninterrupted, interference free, or error free, or be free from any viruses, worms, or other security intrusions.
  • You understand and agree that using the Platforms is at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the Platforms), or the loss of data while using the platforms of the company and the company has no responsibility whatsoever in this regard and in any manner.
  • Company does not guarantee of the time of release of any episode or parts in future of any show, its performance or pricing.
  • You understand and agree that DramaFlix is not liable for any failure of performance due to any cause beyond its control, including, without limitation, acts of God, fire, explosion, vandalism, terrorism, weather disturbances, national emergencies, riots, wars, labor difficulties, supplier failures, shortages, breaches, action or request by any government, suspension of existing service in compliance with law of any state/country, rule, or regulations.

• ❋Limitation of Liability

  Company herein informs you that the company owns and acquires all the rights of the platforms being its rightful owner. You are also informed that the shows available on the platforms of the company are not originally owned by it and it has taken the licence from its original and rightful owner to make it available on the platforms with all the rights, which includes all the IPRs. Thus, the company shall not be liable to any user for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, which are in any way related to the shows and series available on the platforms.

• ❋Indemnification

  • You shall defend and indemnify the company, its directors, employees, associates, affiliates, subsidiaries, consultants, agents (in short Company’s associates) from all the claims, proposed claims, liabilities, damages, loss and expenses, including legal fees, costs arising out of any legal action, administrative, disciplinary, inquiry, investigation raised by third party due to breach of any of these terms by you.
  • Company reserves the right to take over the exclusive defense of Claims for which the company’s platforms are entitled to indemnification, and in such event, you shall provide prompt and reasonable cooperation to the company at your own expense.
  • In addition to above, the company may suspend or terminate further enforcement of the present terms without any notice to you in its discretion.

• ❋Dispute Resolution

  • The dispute, if any arising from the above terms shall be subject to the exclusive jurisdiction of Distt. S.A.S. Nagar, Mohali, Punjab.
  • The aggrieved party may also opt for arbitration and thus the place of arbitration shall be at S.A.S. Nagar, Mohali and the English shall be language of arbitration. There shall be sole arbitrator appointed by the Company. Said arbitrator must have experience of minimum 25 years of legal practice.
  • All notices inclusive legal notices pursuant to the Terms shall be in writing and shall be given by email to the parties. In case of change in email address, the party making changes shall notify the other party within 3 days of its change.