Terms of use
This Website or Application is owned and operated by CinemagicX an online platform owned by Shivalaya Agrotech. The Terms of Use contain the terms and provisions applicable to a User and his/her access to and use of CinemagicX i.e. the " Website or Application". Use of this Website or Application and any other feature, content or application offered from time to time by the Website or Application is subjected to these Terms of Use which may be modified by us from time to time and all applicable laws, rules and regulations. Please read these Terms of Use carefully and contact us with any query or questions relevant to it.
Acceptance of Terms
By accessing this Website or Application, you agree that you have read, understand and agree to be legally bound by the terms and conditions set forth below. If you do not agree to these Terms of Use, please do not access or use this Website or Application. These Terms of Use may be modified, changed or altered by us at any time without prior notice. In agreeing to these Terms of Use, you as a user are responsible for regularly checking for changes and/or updates to these Terms of Use. Notwithstanding the foregoing, we will endeavour to notify you of any changes by posting such changes on the Website or Application. Your continued access of the Website or Application after such changes are made conclusively demonstrates your acceptance of such changes. In order to participate in certain Website or Application services or promotions, you may be notified by us that you are required to agree to additional terms and conditions. Unless or else provided by the additional terms and conditions significant to such services or promotions in which you choose to take part, those additional terms are hereby-include into these Terms of Use.
Use of the Website or Application
Use of and access to the Website or Application is void where prohibited. By accessing and using the Website or Application, you represent and warrant that
- All registration information you submitted is truthful and accurate;
- You will continue to maintain the correctness of such information;
- You are 18 years of age or older; and
- Your use of the Website or Application does not violate any applicable law or regulation.
By using the Website or Application, or tools or applications for communicating, posting or creating content, you agree to post material that is proper and related to the forum of the Website or Application.
Permitted Uses
This Website or Application is not intended for and we have no intention of collecting personally identifiable information from the users, client or customers. The content and information posted on this Website or Application are provided as information to interested persons and may be used for entertainment, informational and professional purposes only. Modification or use of the materials for any other purpose may violate the intellectual property rights. This Website or Application is not intended for commercial use. Any copyright material from this Website or Application may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms of Use immediately and automatically terminates your right to use this Website or Application and may subject you to legal liability. You agree not to use the Website or Application for illegal purposes (including, without limitation, unlawful, harassing, libellous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Website or Application. Appropriate legal action will be taken for any illegal or unauthorized use of the Website or Application.
No Warranty
Use of the Website or Application is at your sole risk. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Website or Application. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Website or Application. We make no warranties or representations that your use of content and information posted on this Website or Application will not infringe rights of third parties.
You are not authorized to download any content from the Website or Application. If you download any content from the Website or Application, we will not be responsible in any way for any damage to your computer system or loss of data that results from the download of any such content.
Links to Third Party Sites; Advertisers
The Website or Application may provide you with links or other access to other Website or Applications, services, products or content of third parties. We have no control over, nor do we endorse any, such Website or Applications, services, products or content. You acknowledge and agree that you access such third party Website or Applications, services, products or content at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same. We recommend you read the privacy and terms of use policies of each third party’s Website or Application that you access.
Privacy Policy
Please see our "Privacy Policy" at https://www.cinemagicx.com/privacy-policy.html for additional details with respect to how we maintain and respect the privacy of your personal information. You agree to our collection, use and sharing of your information as set forth in our Privacy Policy.
No Content Monitoring
We are under no obligation to monitor or screen contents, but may review contents from time to time at its sole discretion to evaluate compliance with these Terms of Use. We will make all resolution as to what content is suitable in its sole discretion. We may add, remove or add any content at any time without notice.
Termination of Access
In addition to any right that may be available to us under these Terms of Use or applicable law, we may limit, suspend or terminate your access to the Website or Application, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including our users identity, to the proper authorities as when required by law authorities.
Digital Millennium Copyright Act ("DMCA") Notice
We are committed to complying with copyright and related laws, and we require all Users of the Website or Application to comply with these laws. Accordingly, you may not store any material or content on, or distribute or circulate any material or content over, the Website or Application in any way that constitutes an infringement of third party intellectual property rights, including rights allowed by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any User who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent. If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DCMA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringerwho provided the Content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below. If you believe that your work has been copied and posted on the Website or Application in a way that constitutes copyright infringement, please provide our designated agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website or Application; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our designated agent for notice of claims of copyright infringement can be reached as follows:
By E-Mail : info@cinemagicx.com
Subject line : DMCA
Indemnity
You acknowledge to protect, indemnify and hold us, our subsidiaries, and affiliates, and each of our particular officers, partners, agentsand employees, harmless from any, liability, loss, claim, or demand, including reasonable attorneys’ fees, issued by any third party due to or arising out of your use of the Website or Application in violation of these Terms of Use and/or arising from a violation of these Terms of Usewithout limitation, any breach of your representations and warranties set forth herein.
Term
These Terms of Use shall remain in full force and effect while you use the Website or Application or are registered with the Website or Application. You may end your registration at any time, for any reason. Even after your registration is ended you continue to remain bound by these Terms of Use to the extent you continue to access the Website or Application in any capacity.
User Disputes
You are solely responsible for your interactions with other users of the Website or Application. We reserve the right, but have we have no obligation, to monitor disputes between you and other users of the Website or Application.
Limitation on Liability
In no event shall we be liable to users of the Website or Application or any third party for any indirect, incidental,consequential, exemplary, special or punitive damages, including lost profit damages arising from your use of the website or application services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our responsibility to users for any causes whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for your registration.
Miscellaneous
Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use and your account on the Website or Application are personal to you and may not be transferred or assigned. These Terms of Use are governed by Indian federal law and the laws of INDIA, regardless of your location, without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in New Delhi, INDIA in all disputes arising out of or relating to the Website or Application. Either we or you may demand that any dispute between us and you about or involving the Website or Application must be settled by arbitration utilizing the dispute resolution procedures of the Supreme Court in New Delhi, INDIA provided that the foregoing shall not prevent us from seeking injunctive relief in a court of competent jurisdiction. Use of the Website or Application is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions. Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or Application or information provided to or gathered by us with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use, together with any additional terms and conditions or policies referred to and incorporated herein (including additional terms applicable to various parts of the Website or Application), constitutes the entire understanding between you and us.
Please contact us at: info@cinemagicx.com with any questions regarding these Terms of Use.
We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Website or Application or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address.