Tearms of use

Welcome to FILMYFUNDA, we provide you both free and subscription based service that allows our end users to access entertainment content including movies and series streamed over the internet to certain Devices. These Terms of Use ("Terms of Use") govern your use of our service.

This user agreement (“User Agreement”) is an electronic record in terms of Information Technology Act, 2000 ("Act") and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This User Agreement is generated by a computer system and does not require any physical or digital signatures.

The website, www.FILMYFUNDA.com and its wapsite and Application is owned, operated and maintained by Visual internet Applications Private Limited ("VNETAPP").

PLEASE READ THE TERMS CAREFULLY BEFORE USE OF THE FILMYFUNDA SERVICES. THESE TERMS CONSTITUTE A LEGAL AND BINDING AGREEMENT BETWEEN YOU (THE END USER OF FILMYFUNDA) AND VNETAPP (THE OWNER OF FILMYFUNDA), AND GOVERN YOUR USE OF THE FILMYFUNDA. BY CHECKING/CLICKING ON THE `I AGREE` LINK AND/OR BY DOWNLOADING AND/OR INSTALLING AND/OR BROWSING OR USING FILMYFUNDA, YOU EXPRESSLY ACCEPT THE TERMS. IF YOU DO NOT ACCEPT TO THE TERMS, PLEASE DO NOT BROWSE AND/OR DOWNLOAD AND/OR INSTALL AND/OR USE FILMYFUNDA.

In this User Agreement, the following terms shall have the meaning as ascribed to them below:

"Service" means the video on demand service provided by VNETAPP currently branded as “FILMYFUNDA” and/or its other variants, to Users for accessing and watching FILMYFUNDA Content, including all features and functionalities, the application, and user interfaces and software associated with the Service.

"User" refers to you, a subscriber of FILMYFUNDA and holding a valid account with FILMYFUNDA.

"VNETAPP" refers to Visual Internet Applications Private Limited, a company incorporated under the Companies Act, 2013, having Corporate Identity No. U72900MH2014PTC257088 and having its registered office address at 21 A, Shakti Nagar, Behind Bldg. No. 1/2, Old D.N. Nagar, Andheri (W) Mumbai 400058. India, which is the owner of all rights in this Service.

For the purpose of these Terms of Use, the terms "You" "Your" or "User" shall mean any person, natural or legal who uses or browses FILMYFUNDA. The term "We", "Us", "Our" shall mean VNETAPP.

DEFINITIONS

Certain words in this TERMS have a specific meaning and are explained below for YOUR easy understanding:

1. `Application` means the FILMYFUNDA application owned by VNETAPP to provide the Content on Devices, which is available on various platforms such as iOS, android and supported web browsers etc.

2. `Content` means all text, graphics, images, music, software, audio, video, information or any other materials available on FILMYFUNDA.

3. `Devices` means any and all internet enabled devices like smart phones, tablets, laptops, desktops, etc. which are compatible with and have access to the Internet.

4. `FILMYFUNDA` means FILMYFUNDA website,www.filmyfunda.com, FILMYFUNDA mobile web , and any other future variations or domain, Application and any present and future means and modes to offer Services.

5. `Internet` shall mean the system making use of the TCP/IP software protocols known as the internet or the worldwide web whatever the communications links may be which connects the user (including by way of fixed, mobile, DSL, ISDN, UMTS WiMax or other broadband links) including any developments in such protocols or any other protocols which may be developed which give equivalent, reduced or enhanced functionality compared with such protocols.

6.`Subscription Package` means a video on demand, movies, music or any other Information or entertainment based Content priced at a specific amount decided by VNETAPP at its sole discretion.

ELIGIBILITY

Unless otherwise specified, FILMYFUNDA is available for individuals who have attained the age of majority in their jurisdiction. In the case of India, this service is restricted to Users who are aged 18 years or older. If You are under the relevant age of majority in Your jurisdiction, You may only access the Site and the Services only in accordance with applicable law which enables a minor in your jurisdiction to access such a service. In India, by browsing or downloading and/or installing and/or using the FILMYFUNDA, YOU represent and warrant that YOU are 18 years of age or older and in case YOU are less than 18 years of age, YOU have taken consent of YOUR parent or guardian.

SOME CONTENT OFFERED ON THE SITE MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE SITE MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THIS WEBSITE. Your access to and use of the Services is subject to these Terms of Use, Privacy Policy and all applicable laws, rules, and regulations.

YOUR RESPONSIBILITIES

YOU will be solely responsible for obtaining and maintaining the Device and Internet connection needed in order to access and use FILMYFUNDA and paying for all such charges in relation thereto. Internet charges will depend on the plan subscribed by You from the internet service provider.

FILMYFUNDA is compatible on selected operating systems and specific versions and Device(s). The download procedure of the Application shall be subject to the process specified by the operating system of YOUR Device(s). YOU need to have a Device connected with Internet for download of FILMYFUNDA to begin and complete. VNETAPP shall not be responsible in case of any fluctuation in the Internet connection speed leading to corruption of Application file download or any delayed or defective download of the Application on Your Device(s). VNETAPP shall not be responsible or liable to YOU for interruption, disruption, deactivation of FILMYFUNDA on account of any Force Majeure Event. For the purpose of these Terms of Use, “Force Majeure Event” shall mean any event beyond the reasonable control of VNETAPP including but not limited to act of God, any act or omission of government or quasi-government agencies or lock out, strike, curfew, technical errors etc. VNETAPP may, at its sole discretion, make bug fixes, updates for the installed Application. In the event VNETAPP has upgraded the Application or any features thereof, You will be required to update Your Device in order to make the Device compatible with such upgrades. VNETAPP shall not be responsible or liable to YOU in the event You are unable to access FILMYFUNDA or view the Content on FILMYFUNDA due to Your failure to upgrade Your Device.

The Content contained or available on FILMYFUNDA is protected by copyright and other laws and shall be used as provided in these Terms of Use, without written permission of VNETAPP.

REGISTERED USERS

YOU may register YOURSELF as a user of FILMYFUNDA and become a registered user of the FILMYFUNDA platform ("Registered User"). During the registration process, YOU as Registered User are required to create user name and password. As Registered User, YOU agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. VNETAPP reserves the right to suspend or terminate YOUR registration as Registered User without assigning any reason (including for provision of inaccurate, not current or incomplete information during the registration process or thereafter). As Registered User, YOU shall be responsible for safeguarding YOUR password and for all transactions undertaken using YOUR Username and password. YOU agree not to disclose YOUR password to any third party and to take sole responsibility for any activities or actions under YOUR account, whether or not YOU have authorized such activities or actions. It is YOUR sole responsibility to change YOUR password immediately if YOU believe that YOUR password has been compromised. VNETAPP will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of YOUR Username and password in any circumstances.

SUBSCRIPTION SERVICES

Some of the Content is only available to users who avail the Subscription Packages. Any Registered User can avail the Subscription Package ("Subscription User"). As Subscription User, You will be required to subscribe to Subscription Packages made available by VNETAPP from time to time. The subscription to Subscription Packages may be subject to additional terms specified by VNETAPP. Depending on packages and/or value added services and the term of the proposed subscription, YOU will be required to make online payments through YOUR credit card or debit card or net banking account or cash card or via any other mode made available for making payments through mediums as authorized in YOUR territory and as provided by VNETAPP for accessing and browsing FILMYFUNDA. The facility for online payments through credit cards or debit cards or net banking account or cash card or any other mode is available for selected credit cards, debit cards, net banking accounts and cash cards only. If YOU wish to avail the FILMYFUNDA after the expiry of the initial term of Subscribed Packages, YOU shall prior to expiry of such term, recharge of YOUR account with the then prevailing subscription charges.

VNETAPP reserves the right to modify or discontinue FILMYFUNDA at its sole discretion with or without notice to YOU. VNETAPP shall not be liable to YOU or any third party in any manner, should VNETAPP exercise its right to modify or discontinue the FILMYFUNDA. Further, VNETAPP reserves the right, at any time, with or without notice and without any liability to:

(i) replace or otherwise withdraw Subscription Packages or Content,

(ii) change or reduce the number of hours of any Content

(iii) blackout any Content and

(iv) modify the prices for Subscription Packages or any part of FILMYFUNDA service. Further, VNETAPP reserves the right to change packaging and introduce base and add on packages. YOU acknowledge and agree that the Content provided by VNETAPP as part of FILMYFUNDA is being supplied by third parties and availability of such Content is outside VNETAPP’s control and can be removed anytime. Additionally, VNETAPP shall have the right, but not the obligation, to refrain from providing to YOU any Content in the interest of national security or in the event of emergency / war or similar situation or if the Content is anti-national, promotes political / religious propaganda, is against public policy, is banned or restricted from being distributed under any applicable law or VNETAPP otherwise determine that it is objectionable or obscene or is derogatory to any person or class of persons, hurts the religious sentiments of any religious group or infringes the privacy rights of any individual(s) or is not in the interest of VNETAPP’s subscribers or the general public.

In a credit card and/or debit card and/or net banking and/or cash card transaction and/or any other mode available, YOU must use YOUR own credit card and/or debit card and/or net banking account and/or cash card. YOU confirm and acknowledge that YOU are aware of the fact that when making any online payment through credit card or debit card or net banking account or cash card or via any other mode available, YOU may be directed to an external payment gateway page. The payment gateway may redirect YOU to other website(s) maintained or controlled by third parties, and VNETAPP does not control such third party website(s) and hence are not responsible for any transactions on such website(s). VNETAPP will not be liable for any credit card or debit card or net banking or cash card fraud, and VNETAPP will not entertain or address any such grievances or issues. YOU are requested to communicate all grievances related to such issues to YOUR bank or mobile carrier/operator or mobile wallet provider who has issued such credit card or debit card or net banking account or cash card. VNETAPP shall not be responsible for all or any dispute or difference relating to online payment made by YOU through credit card or debit card or net banking account or cash card or via any other mode available. Further, VNETAPP will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of YOUR credit card or debit card or net banking account number or cash card and other details. Payments once made by credit card or debit card or net banking or cash cards or via any other mode available shall not be refunded in any circumstances. You are hereby advised to keep details of your credit/debit card and net banking confidential and do not share any such details with any other third party.

FILMYFUNDA is available in select countries only. VNETAPP would not be held responsible for hindrances in the access and use of FILMYFUNDA due to geographical change in YOUR location. Further, YOU will be solely liable for accessing and using FILMYFUNDA in the countries of YOUR use.

FILMYFUNDA shall have the discretion to make certain or all Content that is a part of the Subscription available to You on either one or limited number of end user device concurrently.

OWNERSHIP

The Content on FILMYFUNDA and the "FILMYFUNDA" word mark and the “FILMYFUNDA” design mark, as well as certain other of the names, logos, and materials displayed on or through FILMYFUNDA that constitute trademarks, trade-names, service marks or logos ("Marks") are owned by or licensed to VNETAPP and are subject to copyright, trademark, and other intellectual property rights under Indian laws. YOU agree not to reproduce, duplicate, copy, download, stream capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit for any purposes the FILMYFUNDA or any portion of the FILMYFUNDA, including, without limitation, the Content and the Marks, except as authorized by these TERMS or as otherwise authorized in writing by VNETAPP. In addition, YOU are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based on in any way the Content and the Marks, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, except as authorized by these TERMS or as otherwise authorized in writing by VNETAPP. You must abide by all copyright notices, information, and restrictions contained in or associated with any Content. You must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection or access control measure (including, without limitation, geo-filtering and/or encryption) associated with the Content.

You hereby agree that all intellectual property rights, title and interest in the user generated content published or generated on FILMYFUNDA by You shall vest with VNETAPP.

RESTRICTIONS

a. It is hereby clarified that FILMYFUNDA is provided for YOUR personal, non-commercial use only. You agree not to, either directly or through the use of any device, software, web-based service, or by other means, copy, download, archive, perform, display, upload, publish, transmit or retransmit the Content or create any work or material that is derived from or based on the Content, rent, lease, duplicate, sublicense, assign, pledge, loan, or resell the Content of FILMYFUNDA. YOU shall not translate, reverse engineer, decompile, disassemble FILMYFUNDA. YOU shall only use the FILMYFUNDA on Device that is under YOUR exclusive control and ownership. YOU shall not permit any third party to benefit from the use or functionality of FILMYFUNDA, either directly or via any facility management, timesharing, service bureau or any other arrangement. If YOU transfer possession of any copy of FILMYFUNDA to another party, YOUR subscription of FILMYFUNDA shall automatically get terminated. All rights not expressly set forth hereunder are reserved exclusively by VNETAPP.

b.You are prohibited from using technology or other means to access, index, frame, or link FILMYFUNDA, in whole or in part that is not authorized by VNETAPP;

c.You hereby agree not to use FILMYFUNDA for promoting services of competitors of VNETAPP;

d.You hereby expressly agree to use FILMYFUNDA in strict compliance with applicable laws;

e.You agree, undertake and confirm that Your use of FILMYFUNDA shall be strictly governed by the following binding principles:

f.You shall not host, display, upload, modify, publish, transmit, update or share any information that:

i.belongs to another person and to which You do not have any right to; or interferes with another user`s use and enjoyment of FILMYFUNDA

ii.that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libellous, invasive of another`s privacy, hateful, or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986, of another person;

iii.misleading in any way; or

iv.is patently offensive to the online community, such as content that promotes paedophilia, racism, bigotry, or physical harm of any kind against any group or individual;

v.involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"

vi.infringes upon intellectual property rights of third party or violates rights of privacy (including without limitation unauthorized disclosure of a person`s name, email address, physical address or phone number) or rights of publicity

vii.contains restricted or password-only access pages, or hidden pages or images

viii.provides material that exploits people in a violent or otherwise inappropriate manner or solicits personal information from anyone

ix.provides instructional information about illegal activities such as making or buying illegal weapons or providing or creating computer viruses

x.contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his her guardian in the case of minor

xi.engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising etc. Throughout these Terms of Use, Our "prior written consent" means a communication coming from Our authorized representative, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization

xii.harm minors in any way

xiii.violates any law for the time being in force

xiv.threatens the unity, integrity, defence, security or sovereignty of India, 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 to any other nation

g.You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of FILMYFUNDA or any Content, or in any way reproduce or circumvent the navigational structure or presentation of FILMYFUNDA or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through FILMYFUNDA. We reserve the right to bar any such activity.

h.You shall not probe, scan or test the vulnerability of FILMYFUNDA website or any network connected to FILMYFUNDA nor breach the security or authentication measures on FILMYFUNDA or any network connected to FILMYFUNDA. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to FILMYFUNDA to its source.

i.You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of FILMYFUNDA or any systems or networks connected to FILMYFUNDA.

j.You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through FILMYFUNDA or any service offered on or through FILMYFUNDA. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

k.You shall not engage in advertising to, or solicitation of, other users of FILMYFUNDA to buy or sell any products or services, including, but not limited to, services being displayed on or related to FILMYFUNDA.

l.Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through FILMYFUNDA, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on FILMYFUNDA. YOU acknowledge and agree that VNETAPP is not responsible or liable for: (i) the availability or accuracy of such websites or resources or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by VNETAPP of such websites or resources or the content, products, or services available from such websites or resources. YOU acknowledge sole responsibility for and assume all risks arising from YOUR use of any such websites or resources.

m.It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on FILMYFUNDA and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You on the public forum due to Your use of FILMYFUNDA, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses but by browsing/using FILMYFUNDA, You acknowledge and agree that We shall not responsible for the use of any personal information that You publicly disclose or share with others on FILMYFUNDA. Please carefully select the type of information that You publicly disclose or share with others on FILMYFUNDA.

TERMINATION

YOUR (User, Regiastered User or Subscription User) right to use FILMYFUNDA shall automatically terminate if YOU violate these Terms of Use or any terms, rules or guidelines published in connection with FILMYFUNDA. VNETAPP reserves the right, in its sole discretion, to suspend or terminate YOUR access to all or any part of FILMYFUNDA, for any reason, with or without notice.

As Subscription User, YOUR right to use FILMYFUNDA shall automatically terminate on the expiry of the term of the Subscription Package. You may discontinue your participation in and access to FILMYFUNDA at any time. YOU agreed that upon suspension or termination, no amount shall be refunded to YOU by VNETAPP.

WARRANTY DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW OF INDIA, FILMYFUNDA IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME SOLE RISK AND RESPONSIBILITY FOR SELECTING FILMYFUNDA TO ACHIEVE YOUR INTENDED RESULTS, AND SOLE RESPONSIBILITY FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM FILMYFUNDA. WITHOUT LIMITING THE FOREGOING PROVISIONS, VNETAPP MAKES NO WARRANTY THAT FILMYFUNDA WILL BE ERROR-FREE, VIRUS FREE, OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE FILMYFUNDA WILL SATISFY YOUR SPECIFIC REQUIREMENTS OR THAT THE ERRORS WILL BE RECTIFIED. YOU UNDERSTAND THAT FILMYFUNDA AN BE BLOCKED OR MADE INOPERABLE AND VNETAPP ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE SAME. FILMYFUNDA IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING WITHOUT LIMITATION, IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, DIRECT LIFE-SUPPORT MACHINES, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF FILMYFUNDA NETWORK COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE (COLLECTIVELY, "HIGH RISK ACTIVITIES"). VNETAPP EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS VNETAPP, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS (“INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEYS` FEES AND COSTS) THAT SUCH INDEMNIFIED PARTIES MAY INCUR AS A RESULT OF OR ARISING FROM (A) ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, YOUR USER GENERATED CONTENT, FEEDBACK, OR ANY OTHER CONTENT) YOU (OR ANYONE USING YOUR ACCOUNT) SUBMIT, POST, OR TRANSMIT ON OR THROUGH FILMYFUNDA (B) YOUR (OR ANYONE USING YOUR ACCOUNT`S) USE OF THE FILMYFUNDA (C) YOUR (OR ANYONE USING YOUR ACCOUNT`S) VIOLATION OF THESE TERMS OR (D) YOUR (OR ANYONE USING YOUR ACCOUNT`S) VIOLATION OF ANY RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET OR OTHER PROPRIETARY RIGHTS OF ANY PERSON OR ENTITY. VNETAPP RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH VNETAPP IN ASSERTING ANY AVAILABLE DEFENSES.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL VNETAPP BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, REMOTE OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING A DUTY OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE (WHETHER ACTIVE OR PASSIVE), AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE FILMYFUNDA, LOSS OF DATA OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE, AND GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY VNETAPP, AND EVEN IF VNETAPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL VNETAPP BE LIABLE FOR ANY DAMAGES IN EXCESS OF YOUR LAST RECHARGE AMOUNT FOR FILMYFUNDA. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

INTERNATIONAL USE

VNETAPP is a company based in India. VNETAPP’s goal is to bring to YOU as much Content as is legally available. That said, VNETAPP is limited by the rights that VNETAPP’s content licensors grant to VNETAPP. Using technologies to access the Content from territories where VNETAPP does not have rights or does not offer services is prohibited. By browsing or using FILMYFUNDA, YOU hereby acknowledge that VNETAPP is not responsible or liable in any manner to comply with any local laws of YOUR territory except India with respect to FILMYFUNDA. Further, YOU hereby agree that by usage of FILMYFUNDA, YOU undertake the responsibility and liability with respect to viewing the Content of FILMYFUNDA in YOUR territory.

PRIVACY POLICY

All information provided by You or collected by us shall be governed in accordance with the Privacy Policy located at www.filmyfunda.com/privacy.aspx

RELATIONSHIP

The relationship between VNETAPP and You is on a principal-to-principal basis. You are in no way VNETAPP’s legal representative, partner or agent for any reason whatsoever.

EXPORT LAWS

YOU agree to comply fully with all Indian export laws and regulations to ensure that FILMYFUNDA are not exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

CONFIDENTIALITY

YOU agree that FILMYFUNDA, including, but not limited to, the object code components, provided to YOU is "Confidential Information" of VNETAPP. YOU shall retain all Confidential Information in strict confidence at least with the same amount of diligence that YOU exercise in preserving the secrecy of YOUR most-valuable information, but in no event less than reasonable diligence.

ASSIGNMENT

These TERMS are personal to YOU and YOU shall not assign, transfer, sub-contract or otherwise part with these TERMS or any right or obligation under it without VNETAPP`s prior written consent. Any attempt by YOU to assign or transfer these TERMS, without such written consent, will be null and of no effect. VNETAPP may assign or transfer these TERMS to any third party, at its sole discretion, without restriction. Subject to the foregoing, these TERMS will bind and inure to the benefit of the parties, their successors, personal representatives and permitted assigns.

SEVERABILITY

If any provision of these TERMS is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby.

WAIVER

The failure of VNETAPP to enforce or to exercise at any time or for any period any term of or any right pursuant to these Terms of Use shall not be construed as a waiver of any such right and shall in no way affect VNETAPP’s right later to enforce or exercise it.

ELECTRONIC COMMUNICATION

When You use or send any data, information or communication to VNETAPP, You agree and understand that You are communicating with VNETAPP through electronic records and You consent to receive communications via electronic records from VNETAPP periodically and as and when required. VNETAPP will communicate with You by email or any push or other message or electronic records on the email address and or mobile number available with VNETAPP which will be deemed adequate service of notice / electronic record.

NOTICE

Any notices or other communications required will be in writing and emailed to VNETAPP at support@filmyfunda.com. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

In the event you have any complaints with respect to any Content on FILMYFUNDA, please write to us at support@filmyfunda.com. with details of the objectionable content and Your details including Your name and mobile number and such other details as may be requested by Us. Based on the complaint raised, we will take reasonable measures to resolve the issue. You hereby expressly agree that VNETAPP shall under no circumstance shall be liable to You for any damages whatsoever. Further, You hereby expressly agree that VNETAPP makes no representations under these Terms of Use that any complaint raised by You will be resolved to Your satisfaction. All steps to be taken by VNETAPP in this regard shall be at the sole discretion of VNETAPP.

If You have any claims with respect to the ownership of Content transmitted through FILMYFUNDA, please follow the “Ownership Claims and Dispute Resolution Mechanism” at www.filmyfunda.com/privacy.aspx

LAW DISPUTES

These TERMS and all matters arising from it are governed by and construed in accordance with the laws of India and courts of Mumbai, India shall have exclusive jurisdiction over all disputes arising in connection with these TERMS.

ENTIRE AGREEMENT AND AMENDMENT

These TERMS expressly supersedes and completely replaces any and all prior ‘Terms of Use’. VNETAPP shall not be bound by or liable to YOU for any pre-existing or contemporaneous written or oral representations or warranties, made by anyone, with respect to FILMYFUNDA, including any authorized agents, employees, or representatives.

VNETAPP reserves the right, at its sole discretion, to modify the TERMS from time to time (“Updated Terms of Use”). The Updated Terms of Use shall be effective immediately and shall supersede these Terms of Use. VNETAPP shall not be under an obligation to notify you of any changes to the Terms of Use. YOU shall be solely responsible for reviewing the Terms of Use from time to time for any modifications. By continuing to use FILMYFUNDA after the Updated Terms of Use have been published, YOU affirm YOUR agreement to the Updated Terms of Use.

CONTACT

You have any questions about these Terms of Use, please contact VNETAPP at support@filmyfunda.com.