New Delhi Television Limited Mobile Application - Terms and Conditions

1. SCOPE

These Terms and Conditions ("Terms") apply to NDTV Convergence Limited ("NDTV") mobile application ("Application"). By registering or installing the Application or by using any NDTV products, software, data feeds, and services provided to you on, from, or through the Application , you agree to all of the terms and conditions contained herein. These Terms constitute a legally binding agreement between you and NDTV and govern your use of the Application and the information, offers, services, features, content, offered through the Application ("Services"). These terms may be updated by NDTV from time to time. You agree to access the Application subject to acceptance of the Terms as set out herein. In addition, when using any particular services, you may be subject to any posted guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into these terms.

"User" or "You" means any person who accesses, avails or uses the Application for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the Application.

If you are an individual you must be over the age of majority under the laws of your jurisdiction to enter into this agreement, otherwise, you are expressly prohibited from entering into this agreement. By clicking on the “I Accept” button, you represent and warrant that you are at least 18 years old and above and capable of understanding and entering into a legal contract.

You agree that you are solely responsible for any breach of your obligations under these Terms and for the consequences (including any loss or damage which NDTV may suffer) of any such breach.

2. ACCEPTANCE

BY USING THE APPLICATION, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, KINDLY DO NOT USE THE APPLICATION.

These Terms apply to all who access the Application and form an agreement between you and us.

NDTV reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Application following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, NDTV grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Application.

Your access and use of the NDTV Application is subject to and governed by these Terms, including any additional or different disclaimers, legal notices, agreements, or terms and conditions that may apply to your use of or access to any particular NDTV website, NDTV materials, or user content. This Terms form a legally binding agreement between you and NDTV. By clicking the “I Accept” button as part of the registration process You accept and agree to abide by the terms of this Terms. If You do not agree to these Terms, You should not click the “I Accept” button (or equivalent) or attempt to access or use this Application or any other NDTV website, materials, or user content. You are advised that you read these Terms carefully before signing up.

3. SERVICES

By subscribing to our Services, you shall avail an ad-free experience throughout the Application, feature to minimise the app while playing a video to only play it as audio, as also access to High Quality Live TV streams.

A. In the ad-free experience you will not be exposed to the ads normally run within the Application, though in some cases you may still see ads:

i. If you tap on a hyperlink within an article, it might open the NDTV mobile site within the Application which will still show ads.

ii. If you tap on a hyperlink within an article, the link may lead to a third party site and open in the mobile browser which could show ads

iii. While watching Live TV, any ads shown on the TV channel will be shown as well within the Application.

You agree and acknowledge that in all of the above instances the Application has no control over the advertisements and cannot restrict the advertisements to which you may be exposed to.

B. In the case of High Quality Live TV streaming:

i. You will be able to manually choose from the following video quality options – Low, Medium, High and Auto.

ii. Higher quality video will also consume more data.

C. NDTV Premium as a service is currently only available for the NDTV News app in English, on smartphones for both Android and iOS. NDTV Premium is not available for iPad, TV or other platforms and apps.

i. NDTV Premium purchased from Google Play only works on Android smartphones.

ii. NDTV Premium purchased from Apple App Store only works on iPhones.

iii. NDTV Premium subscription is not transferable and cannot be provided on NDTV Apps other than the ones it was bought for.

4. OBLIGATIONS — PERMISSIONS AND RESTRICTIONS:

NDTV hereby grants you permission to access and use the Service as set forth in these Terms, provided that:

A. You agree not to distribute in any medium any part of the Service or the Content without NDTV's prior written authorization.

B. You agree not to alter or modify any part of the Service.

C. You agree not to access Content through any technology or means other than that which is allowed, authorised and provided for in the Service itself.

D. You agree not to offer for sale access to the Service;

E. You agree not to use the Application or Services for any purpose that is unlawful or prohibited by these Terms nor shall you shall use the Application in any manner that could damage, disable, overburden, or impair any NDTV.com server, or the network(s) connected to any NDTV.com server, or interfere with any other party's use and enjoyment of any services.

F. You further concur that you shall not, through the Application or Services indulge in the following activities:

a) delete from the Application any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;

b) use the Application/Services in any manner that could damage, disable, overburden, or impair — or undertake any action which is harmful or potentially harmful to any NDTV server, or the network(s), computer systems/resources connected to any NDTV server, or interfere with any other party's use and enjoyment of the Application/Services;

c) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Application/Services;

d) perform any activity which is likely to cause such harm;

e) carry out any "denial of service" (DoS, DDoS) or any other harmful attacks on the Application or internet service or; disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any NDTV website or the website of any NDTV customer;

f) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Application;

g) impersonate any person or entity, including, but not limited to NDTV's official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

h) take any action which encourages or consists of any threat of harm of any kind to any person or property or make any inappropriate, illegal or otherwise prohibited communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum;

i) collect or attempt to collect personally identifiable information of any person or entity without their express written consent;

j) engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet;

k) upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," duplicative messages or any other form of solicitation.

G. In your use of the Service, you will comply with all applicable laws.

5. PROHIBITED ACTIVITIES

A. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the NDTV servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.

B. You shall not host, display, upload, modify, publish, transmit, update or share any information on the Application, that —

i. belongs to another person and to which you do not have any right to;

ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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. harm minors in any way;

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 in nature;

vii. impersonates another person;

viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

ix. threatens the unity, integrity, defense, 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 any other nation.

x. Any content uploaded by you shall be subject to relevant laws and may be disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of Application, NDTV may terminate your account/ block your access to Application and NDTV reserves the right to remove any non-compliant Content uploaded by you.

xi. Any Content and or comment uploaded by you, shall be subject to relevant Indian laws and may be disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of Application, NDTV shall have the right to immediately terminate/block your access and usage of Application and NDTV shall have the right to immediately remove any non-compliant Content and or comment, uploaded by you and shall further have the right to take recourse to such remedies as would be available to NDTV under the applicable laws.

6. YOUR USE OF CONTENT

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

A. The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to NDTV, subject to copyright and other intellectual property rights under the law.

B. Content is provided to you on an AS IS basis. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by NDTV on the Service for that Content.

C. NDTV reserves the right to discontinue any aspect of the Service at any time.

D. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

E. You understand that when using the Service, you might be exposed to Content from a variety of sources, and that NDTV is not responsible for the accuracy, usefulness or safety of or relating to such Content. You agree to indemnify and hold harmless NDTV, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

7. Account Termination Policy

A. NDTV will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be an infringer.

B. NDTV reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. NDTV may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.

8. Copyright and IPR Policy

A. NDTV operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party.

B. As part of NDTV’s copyright policy, NDTV will terminate user access to the Application if a user has been determined to be an infringer.

C. Unless otherwise stated, copyright and all intellectual property rights in all material presented in the Application, including but not limited to content, trademarks and logos appearing in this Application, are the property of NDTV or its affiliate entity or its licensors and are protected under applicable Indian laws. Any infringement shall be vigorously defended and proceeded against to the fullest extent permitted by law.

9. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NDTV, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, NDTV EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. NDTV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NDTV WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NDTV, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, NDTV LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE SERVICES AGAIN (OR THE COST OF SUPPLYING YOU THE SERVICES AGAIN).

YOU SPECIFICALLY ACKNOWLEDGE THAT NDTV SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by NDTV from its facilities in Delhi, India. NDTV makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions outside India do so at their own volition and are responsible for compliance with local law.

11. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless NDTV, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim which arises from your Conduct which caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

12. Capability to Accept Terms of Service

As stated above, you affirm that you are either more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

NDTV provides these Terms with our Service so that you are aware as to the various terms and conditions which apply to your use of the Services. You acknowledge that NDTV has given you a reasonable opportunity to review these Terms and that you have agreed to them in totality.

13. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NDTV without restriction.

14. Jurisdiction :

These Terms shall be governed by the laws of India. The courts of law at Delhi only shall have exclusive jurisdiction over any disputes arising under these Terms.

15. Limitation

You and NDTV agree that any cause of action arising out of or related to the use of this Application must commence within three months after such cause of action accrues. Otherwise, such cause of action will be permanently barred.

16. Miscellaneous

i. These Terms, together any other legal notices published by NDTV on the Application, shall constitute the entire agreement between you and NDTV concerning the Service. If it turns out that a particular term is not enforceable, this will not affect any other terms. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and NDTV’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

ii. Grievance Redressal/Notice

Any complaints, misunderstanding, conflicts, notice, abuse or concerns with regards to the Content and/or comment or breach of these Terms shall be immediately informed to the designated Grievance Officer as mentioned below in writing or through email in English language signed with the electronic signature to: apps@ndtv.com


Dated :
Place : Delhi