This is a legal and binding agreement between you, the user ("User" or "You") of the Services, as defined below, and 21st Century Fox Star US LLC ("Star US") stating the terms that govern Your use of the Site or the Platform, as defined below. BY ACCEPTING THESE TERMS OF USE IN ANY MANNER OR ACCESSING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE and the Privacy Policy accessible at us.hotstar.com/terms-of-use and us.hotstar.com/privacy-policy respectively and any other terms which govern the Site (together referred to as "Terms of Use"). IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT ENTITLED TO ACCESS OR USE THE SERVICES.
THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS OR CLASS ACTIONS OF ANY KIND.
Description of Service and Acceptance of Terms of Use
Star US provides an online website 'us.hotstar.com' as an interactive platform for its viewers and any associated mobile sites, applications (collectively, "Site") to, among other things, view series and programs, films, sports content including live sports content, trailers of upcoming series, view videos and/or photos of their favorite characters on series, read recaps of series, international content including viewing schedules of content offered etc. on the Site and any other features, tools, applications, materials, or other services offered from time to time by Star US in connection with its business, provided on the Site (collectively, "Star Content"). For some Star Content, Star US may enable an interactive chat feature which may provide various features to the User(s) including but not limited to posting of comments, videos, pictures and participation in contests ("Social Feed"). The Site may also provide hosting services to third parties to display their content ("Third Party Content") (all such features of the Site collectively referred to as "Services"). 'Content' will hence consist of 'Star Content' and 'Third Party Content'. Content will be made available to You through different modes, at the discretion of Star US, including via video on demand basis for viewing at the User's discretion at a time chosen by You and download for offline viewing by You. For the Content that will be made available to You, You will be granted a non-exclusive, non-transferable, non-sublicensable, revocable limited license to view the Content solely for your own personal, non-commercial viewing, and no right, title or interest in any Content will be deemed transferred to You. The applications are licensed (not sold) to You. Please note that the availability of, and Your ability to access, the Content or some part of Services, (a) is subject to Star US's sole discretion and (b) may be dependent upon Your geographical location and (c) is on the condition that not all Content or Services will be available to all viewers. On account of the nature of the Internet, this Site and the Services may also be accessed in various geographical locations; and You hereby agree and acknowledge that You are accessing this Site and using the Services, at Your own risk, choice and initiative and You agree and undertake to ensure that Your use of the Site and the Services complies with all applicable laws including the local laws in Your jurisdiction. Further, such Services and Content may vary from place to place, time to time and device to device and are subject to various parameters such as specifications, device, Internet availability and speed, bandwidth, etc. To facilitate Your viewership and access, the Services can be packaged by Star US through different models such as, Content or Services may be accessible (a) free of charge which may include advertisements or commercials or (b) via subscription through payment of a subscription fee or (c) a pay-per-view model with or without advertisements/commercials or (d) with a combination of the foregoing on the Site.
The Services can be accessed through platforms, software and devices, which Star US approves from time to time, the current list for which is as set out below ("Compatible System"). In some cases, whether a device is (or remains) a Compatible System may depend on software or platform provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible System at one time may cease to be Compatible System in the future. You are responsible for obtaining, maintaining and paying for all hardware and telecommunications and other services needed to use the Service.
The Hotstar website works best with:
The Hotstar applications work best with a minimum system requirement of:
Please see details on the Site and the particular Content viewed. Subject to compatibility, You may be able to access the Services including Content through mobile phones, tablets and other IP based connected devices or any Compatible System offered by a partner authorized by Star US ("Partner").
Your use of the Services is subject to Your compliance with these Terms of Use and all applicable laws, rules, and regulations.
Unless otherwise specified, the Services are available only for individuals who have attained the age of majority in their jurisdiction. By using the Services, you affirm that you are of legal age to agree to these Terms of Use, or, if you are not, that you have obtained parental or guardian consent to agree to these Terms of Use.
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.
Participation in any contest, game, or other promotion on the Site conducted by Star US or viewing of certain Content may be subject to further terms and conditions as may be notified by Star US from time to time on the Site or otherwise.
TERMS AND CONDITIONS GOVERNING THE SOCIAL FEEDImportant Note to New Jersey Consumers
If you are a consumer residing in New Jersey, the following provisions of these Terms of Use do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, punitive, special, exemplary, or consequential damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act); (b) the limitation on liability for lost profits or loss or misuse of data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that You indemnify Star US (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) the governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).
Electronic Communications
When You access or use the Services or send any data, information or communication to Star US, You agree and understand that You are communicating with Star US electronically, and You consent to receive communications via electronic means from Star US, such as by email or push notification.
You acknowledge that you specifically consent to Star US or our respective affiliates and partners contacting you using the contact information you have provided to us at any time during your association with us for any purpose including the following purposes:
You acknowledge and agree that you may be contacted for the above purposes, using any of the contact details provided by You, including via emails, text messages or phone calls.
To the extent permitted by applicable law, in the event You have indicated any 'do not call' preferences to Your telecom service provider, and registered Yourself on the national or applicable state ‘do not call' registry or similar list, We request You to ensure that Your registered preferences allow for communications to be sent to You in accordance with the above provisions.
The Content contained in the Services including but not limited to on the Site is protected by copyright, trademark, patent, trade secret and other laws, and shall not be used except as provided in these Terms of Use, without the written permission of Star US.
Subscription Services
Some of the Content made available on the Site can be accessed only by registered Users who have registered under a subscription model ("Subscription User"). You may need to register Yourself on the Site to avail these services on a subscription model ("Subscription"). To become a Subscription User, You may be required to provide certain personal information to Star US and may be required to make payments ("Subscription Fee") as per the applicable membership plan through a debit card, credit card, internet banking or through e- prepaid wallet or other payment method accepted by Star US ("Payment Method(s)") that You opted for during registration. Star US uses third party payment gateways to process and facilitate the payment of Your Subscription Fee to Star US. On successful registration to the Subscription, Star US will notify You of the same. Star US may offer different kinds of Subscription plans, each of which will be subject to different limitations and restrictions and the cost of each of these Subscription plans may vary.
Star US shall have the discretion to make certain Content that is a part of the Subscription available to You on more than one end user Compatible System concurrently. Star US shall also have the discretion to make certain Content that is a part of the Subscription available to You on not more than one end user device concurrently.
Free Trial
Some of the Subscription plans may start with a free trial. The free trial period may last for a period of one month or such other term as may be determined by Star US. Your eligibility for a free trial including the time for such free trial and the Content available to be viewed during free trial period is at the discretion of Star US and such free trial can be modified, suspended or terminated by Star US at any point of time without giving notice to You.
Payments
Star US will automatically start billing as per Your selected Payment Method for the Subscription plan elected by You at the time of registration through the third party payment gateway at the end of the free trial period, if applicable, unless You cancel the Subscription before the end of the free trial period. The cancellation of the Subscription can be done through the "My Account" section of the Site. It may take a few days for Your payment made to Star US to be reflected in your "My Account" section.
If You cancel Your Subscription before the end of the free trial period, You will not be entitled to any compensation, monetary or otherwise, from Star US for the unutilized period of free trial.
You cannot change your Payment Method during the tenure of your Subscription. If Your selected Payment Method is no longer available or expires or Your Payment Method fails for whatsoever reason, You will be responsible and liable for any uncollected amounts and Star US reserves the right to terminate the Subscription offered to You.
The Subscription Fee will be billed at the beginning of Your Subscription membership or at the end of any free trial period, as applicable, and on each subsequent renewal automatically (as per the Subscription plan chosen by You) unless and until You cancel Your Subscription or the Subscription is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for Your next renewal period or to cancel Your subscription to the Subscription, You need to visit the "My Account" section on Your profile page.
Star US will be automatically billing as per Your Payment Method for each Subscription period on a monthly basis. However, if You change Your membership plan, this could result in changing the day on which You are billed and the amount which You are billed.
In case of change in the Subscription Fee for a particular membership plan that is already opted by You, Star US will give You an advance notice of these changes. You will be able to cancel Your Subscription if You do not agree to the changed fee.
The Subscription Fees specified for each Subscription plan are exclusive of applicable taxes.
The Subscription Fees billed are non-refundable irrespective of whether the Subscription has been used by You or not.
Any changes in the Subscription Plan opted by You is effective only after the expiry of the current Subscription period for which You have already been billed. Accordingly, the Subscription as per revised plan opted by You shall be effective only after the expiry of the then current Subscription period.
Any request for change or cancellation in any Subscription plan prior to the expiration of the current Subscription plan period will not result in a refund to You for any portion of the Subscription Fee paid by You for the unexpired period.
You also understand and acknowledge that Star US only facilitates the third party payment gateway for processing of payments. This facility is managed by the third party payment gateway provider and You are required to follow all the terms and conditions of such third party payment gateway provider. You can file any complaint related to payment processing on the Site and the same will be forwarded to the concerned third party payment gateway provider for a response.
You are responsible for the accuracy and authenticity of the information provided by You, including the bank account number/credit card details and the like. You represent and warrant that you have the right to use any credit card or other payment information that you submit. You agree to pay all charges incurred by You or on Your behalf through the Services, at the price(s) in effect when such charges are incurred. To the fullest extent permitted by applicable law, You agree and acknowledge that Star US shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud. While Star US may confirm a subscription order by email, the receipt of an email order confirmation does not constitute Star US's acceptance of an order or its confirmation of an offer to sell a product or service.
You can access the status of Your Subscription anytime through the "My Account" section on Your profile page.
The Subscription is offered by Star US and not by any third party including any payment gateway service providers.
To the extent permitted by applicable law, Star US reserves the right to change, terminate or otherwise amend the Subscription plans, Subscription Fees for the Subscription and billing cycles at its sole discretion and at any time. Such amendments shall be effective upon posting on the Site and Your continued use of the Service shall be deemed to be Your acceptance of such amendments.
Star US reserves the right to change, supplement, alter or remove any of the Content that is subject to a Subscription Fee as it deems fit. Star US does not guarantee the availability of a specific Content or a minimum amount of Content that is subject to a Subscription Fee.
Post cancellation of Your Subscription, if you wish to re-subscribe to the Subscription, you may do so from Your "My Account" page.
Social Feed
The Social Feed will be made available on the Site at Star US's discretion to enable a User to participate in any contest or competition or share his/her views, comments, pictures videos ("Social Posts") with the other like-minded Users on the Platform for an immersive playing and entertainment experience. You can also invite Your friends to participate in the Social Feed. For this, You will require to permit Star US to access Your contacts List. Friends (i.e. users who also have your number in their phonebook or those who have accepted your invitation) will be able to see inter alia your Social Posts tagged as private contact or by any other suitable name. If you have participated in any content or competition in the Social Feed, Your friends will also be able to see your scores and/or progress in such contest/competition.
The Social Feed is a place for likeminded User(s) to come together as a community and share Social Posts related to the Star Content and topics associated to the Star Content alongside which, the Social Feed is made available. Star US may by automated means or manually screen and moderate some or all Social Posts and reserves the right to reject or take down any Social Post which in Star US's sole opinion is inappropriate or does not pertain to the Star Content or topics associated to the Star Content. Star US's decision in this regard will be final and binding on all User's and Star US will not be responsible or liable for any claims regarding the exercise of the Star US's discretion in this regard.
An non-exhaustive list of content and /or Social Post that may be rejected by Star US is as follows: post or content which may cause any harm to religious sentiments, post or content that is political in nature, obscene, vulgar, derogatory remarks, hate speech, rumours or fake news, harassment, abuse, flooding, spamming, inciting violence or threatening, objects that disturb national harmony, racist or sexist remarks, potentially objectionable subject matter such as criminal behaviour, illegal activities, nudity, sex, profanity, out of context comments, disrespecting the nation, armed forces or any other matters which are perceived to be not in the interest of the general public or may cause harm in any nature or are distasteful, irrespective of any language used whatsoever will be restricted / filtered by Star US on a best effort basis. In addition to the restrictions set forth above, You agree not to share any information /material/Social Post that:
You retain all of your ownership rights in your content / Social Posts that you submit in the Social Feed. However, by submitting a Social Posts You hereby grant to Star US and its affiliates, a royalty-free, worldwide, perpetual, non-exclusive, sub-licensable, and transferable license to use, reproduce, distribute, issue copies, make available, publicly communicate, adapt, create derivative works of, and display the content that you upload, share or provide in connection with Your use of the Social feed. You also grant us the right, license and permission to use the contents of your Social Post in relation to the Site, topics associated therewith and for its promotion in any form whatsoever, without any compensation.
By sharing Social Post in the Social Feed, the You undertake and confirm that you have all the rights, title and interest in and to the content of the Social Post being shared by You (including to any images or any content that may be protected by intellectual property rights). You further understand agrees and acknowledge the said Social Post may be publicly displayed by Star US in the Social Feed to all Users who are engaging with the Social Feed.
The views expressed by the User(s) on the Social Feed are solely their own and do not represent those of Star US, its associates and affiliates. Star US shall not be held liable or responsible for any kind of claims, damages, outrage arising due to the comments, pictures or videos posted by the User(s) on the Site. Additionally, Star US shall not be held liable or responsible for any violation of Intellectual Property rights that may arise out of any content posted by the users.
Star US may cancel or discontinue the availability of the Social Feed and any decision in this matter shall be at the discretion of Star US and shall be final and binding.
User(s) are not permitted to download any Social Posts or take screenshots of the same. Doing so will be in violation of the Terms.
Access and Use of the Services
By accessing or using the Services:
- Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another's privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
- Harass or harm another person;
- Exploit or endanger a minor;
- Impersonate or attempt to impersonate any person or entity;
- Violate any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary right;
- Introduce or engage in activity that involves the use of viruses, software disabling codes, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software, applications and/or any element comprising the Site, the application for accessing the Content, or the Star US Services;
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Star US Services, including Star US's servers, networks or accounts;
- Cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Star US Services or the Content;
- Delete or revise any information provided by or pertaining to any other user of the Star US Services.
- Use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Star US Services, or to circumvent, delete, deactivate, decompile, reverse engineer, disassemble or modify any security technology or software that is part of the Star US Services or the Site;
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Star US Services;
- Solicit, collect or request any personal information for commercial or unlawful purposes;
-Post, upload or otherwise transmit an image or video of another person without that person's consent;
- Engage in commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the Content; or building a business using the Content) without Star US's prior written consent;
- Use technology or other means to access, index, frame, or link to the Site (including the Content) that is not authorized by Star US;
- Access the Site/application/Service (including the Content) through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Site and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
- Use the Services to advertise or promote competing services;
- Use the Services in a manner inconsistent with any and all applicable law;
- Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.
In case the Site allows You to download or stream any of the Content therein, You agree that You will not use, sell, transfer or transmit the Content to any person or upload the Content on any other website, webpage or software, which may violate/cause damages or injuries to any rights of Star US or its affiliates or any third party including privacy rights, publicity rights, and intellectual property rights.
You may encounter third party applications while using the Site including, without limitation, websites, widgets, software, services that interact with the Site. Your use of these third party applications shall be subject to such third party terms of use or license terms. Star US shall not be liable for any actions or content of such third party application or for any representations or warranties or obligations made by such third party applications to You under contract or law.
Termination of Service
Star US reserves the right to immediately terminate, suspend, limit, or restrict Your account or Your use of the Services or access to Content at any time, without notice or liability to you or any other person, if Star US so determines in its sole discretion, for any reason whatsoever, including that You have breached these Terms of Use, violated any law, rule, or regulation, or engaged in any inappropriate conduct.
User Reviews, Comments and Other Material
You may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") only reviews or comments (collectively, "User Material"). You agree to hereby comply with any and all applicable laws, as well as any other rules and restrictions that may be set forth herein or on the Site or Services in connection with any User Material. If you choose to make any of your personal or other information publicly available through the Site or Services, you do so at your own risk.
You agree that Star US shall have the right but have no obligation, to monitor User Material and to restrict or remove User Material that Star US may determine, in its sole discretion, is inappropriate or for any reason. Star US may disclose information regarding Your access to and use of the Services, and the circumstances surrounding such access and use, to anyone for any reason. You acknowledge that Star US reserves the right to investigate and take appropriate legal action against anyone who, in Star US's sole discretion, violates these Terms, including, but not limited to, terminating their account, terminate, suspend, limit, or use of the Services or access to Content and/or reporting such User Material, conduct, or activity, to law enforcement authorities, in addition to any other available remedies under law or equity. In addition to the restrictions set forth above, You must adhere to the below terms and conditions and not Post any User Material that:
(a) belongs to another person and to which You do not have any right;
(b) 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 whatsoever;
(c) harms minors in any way;
(d) infringes any patent, trademark, design, copyright, privacy, publicity or other intellectual property or proprietary right;
(e) violates any law;
(f) deceives or misleads the addressee about the origin of such messages;
(g) impersonates another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
You acknowledge that the User Material is not confidential and that You have no expectation of privacy in it.
To the fullest extent permitted by applicable law, by posting the User Material, You hereby grant Star US, without additional consideration to you or any third party, a license to use, display (publicly or otherwise), reproduce, distribute, adapt, modify, delete from, add to, prepare derivative works of, publicly perform, publish, and otherwise use, analyze, and exploit such User Material worldwide, including on or through any property, in perpetuity, in any media formats and any media channels now known or hereinafter created, and for any purpose (including promotional purposes, such as testimonials). To the fullest extent permitted by applicable law, the license You grant to Star US is fully paid-up, transferable, non-exclusive, royalty-free, irrevocable, and fully sub licensable (through multiple tiers). Additionally, to the fullest extent permitted by applicable law, Star US is free to use any feedback, ideas, concepts, know-how, or techniques contained within such User Material for any purpose, including, but not limited to, developing, manufacturing, marketing, and providing commercial products and services, including the Services. Star US's use of such User Material shall not require any further notice or attribution to You and such use shall be without requirement of any permission from or any payment to You or any other person or entity.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your User Material, and your provision thereof, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. In no event does Star US assume any responsibility or liability whatsoever for any User Material, and You agree to irrevocably waive any legal, equitable, "moral" or other rights or remedies You may have against Star US with respect to such User Material under any applicable law under any legal theory.
Linked Destinations and Third-Party Materials
Part of this Site/Service contains advertising and other material submitted to us by third parties and/or links to third party sites and third party content. Although display of advertisements on the Site on request is subject to our terms and conditions, we expressly disclaim any liability arising out of the usage, viewing or purchase of these products or services advertised on our Site or the content made available / hosted on the third party sites. You agree and acknowledge that Star US does not endorse or sponsor such third party sites, content, advertising or other material. In addition, this Site may contain articles or other content contributed by other users, including User Material. The views are exclusively their own and do not represent the views of Star US, affiliates and/ or its management. Star US is not responsible for any of the third-party content made available on or through the Services.
If Star US provides links or pointers to other websites or destinations, You should not infer or assume that Star US endorses, operates, controls, or is otherwise connected with these other websites or destinations. When You click on a link within the Services, Star US will not warn You that You have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that You have left the Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination you use.
Star US is not responsible for the content or practices of any website or destination other than the Site, even if it links to the Site and even if the website or destination is operated by a company affiliated or otherwise connected with Star US.
Star US takes no responsibility for advertisements or any third party material posted on the Site nor does it take any responsibility for the products or services provided by advertisers. Any dealings You have with advertisers found while using the Services are between You and the advertiser, and You agree that Star US is not liable for any loss or claim that You may have against an advertiser.
Third Party Content
Star US's role is limited to providing a communication platform along with hosting services to third parties, to enable the transmission of the Third Party Content directly from third parties to You. The Third Party Content on the Site is directly uploaded onto the Site by third parties who avail of Star US's hosting services, without any intervention from Star US in the uploading / transmission process. Star US's role is that of an ‘intermediary' as defined under applicable laws with regard to the Third Party Content. Being an intermediary, Star US has no responsibility and / or liability in respect of any Third Party Content on the Site, including for intellectual property rights infringement, defamation, obscenity or any other violation under applicable law.
Star US does not endorse, market, advertise or publicize any Third Party Content on the Site and is not responsible or liable for any Third Party Content.
Star US does not pre-screen the Third Party Content and has no obligation to monitor any Third Party Content. Hence, Star US does not have actual or specific knowledge of any Third Party Content on the Site. However Star US at its discretion and in accordance with applicable law may monitor any Third Party Content and may remove any Third Party Content from the Site if Star US determines in its sole discretion that such Third Party Content is in violation of this Agreement or any applicable law. Star US, at its discretion, may review the Third Party Content when, and only when, complaints are received from You. Such actions do not in any manner negate or dilute Star US's position as an intermediary or impose any liability on Star US with respect to Third Party Content.
Star US will consider all communications, requests and suggestions sent by You and other members of the public provided that such communications are sent in a bona fide manner in good faith in the interest of the Site and public good. However Star US is not under any obligation to act on any such communications, requests and suggestions or respond to any one. Star US's decision in this respect shall be final. Specifically, if any such request relates to a request / demand to take down/ disable/ remove/ delete any Third Party Content in the Site, Star US is under no legal obligation to respond to or act on such requests. Star US will take such action as Star US is required to take under applicable law. If there is any valid court order or administrative order issued requiring Star US to take any action, then Star US will comply with such court order or administrative order.
Support
If You have any questions, complaints or claims with respect to the Site and/or Services, then such correspondence should be directed to the address as given below.
21st Century Fox Star US LLC
1185 Avenues of Americas,
22nd Floor, New York,
New York 10036
The contact information – help@hotstar.com
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT USE OF THE SERVICES AND THE ACCESS TO THE SITE IS AT YOUR OWN RISK. THE SERVICES INCLUDING THE SITE, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITE ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, STAR US DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NON-INFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE OR RELIABLE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH STAR US AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE "AFFILIATED ENTITIES"), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO CASE SHALL THE AFFILIATED ENTITIES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF OR FOR ANY OTHER CLAIM (ARISING UNDER ANY THEORY OF LAW, INCLUDING NEGLIGENCE) RELATED IN ANY WAY TO YOUR ACCESS OF THE SITE OR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIAL, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR LOSS OR MISUSE OF DATA, EVEN IF ADVISED OF THEIR POSSIBILITY. WHERE THE LAWS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SOLELY IN SUCH JURISDICTIONS, STAR US'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH STAR US AND THE AFFILIATED ENTITIES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
THE MAXIMUM AGGREGATE LIABILITY OF THE AFFILIATED ENTITIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL BE THE GREATER OF (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO USE THE SERVICES; AND (B) TEN UNITED STATES DOLLARS ($10).
Applicable law in states other than New Jersey may not allow for limitations on certain implied warranties or exclusions or limitations of certain damages. Solely to the extent that such law applies to You, some or all of the above disclaimers, exclusions, or limitations may not apply to You, and You may have certain additional rights.
Indemnity
To the fullest extent permitted under applicable law, You agree to defend, indemnify and hold harmless the Affiliated Entities, and their respective successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) Your use of and access to the Services; (ii) Your violation or alleged violation of any term of these Terms of Use.; (iii) Your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; (iv) Your breach of any applicable law; and (v) any unauthorized, improper, illegal or wrongful use of Your Account by any person, including a third party, whether or not authorized or permitted by You. This indemnification obligation will survive the expiry or termination of these Terms of Use and Your use of the Service.
Filtering
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Star US does not endorse any of the products or services listed on such site.
Information or Complaints
If you have a question or complaint regarding the Service, please send an e-mail to help@hotstar.com. You may also contact us by writing to 21st Century Fox Star US LLC, 1185 Avenues of Americas, 22nd Floor, New York, New York 10036, or by calling us at 1833 212 2120. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Export Controls
You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; or (b) on any of the U.S. government lists of restricted end users.
Governing Law; Arbitration
These Terms of Use are governed by the laws of the United States (including federal arbitration law) and the State of New York U.S.A without regard to its principles of conflicts of law, and regardless of Your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND STAR US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT STAR US AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. EXCEPT AS PROVIDED BELOW REGARDING THE CLASS ACTION WAIVER, SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE. HOWEVER, AS SET FORTH BELOW, THE PRECEDING ARBITRATION REQUIREMENT SHALL NOT APPLY TO DISPUTES TO THE EXTENT RELATING TO THE INTERPRETATION OR APPLICATION OF THE CLASS ACTION WAIVER BELOW, INCLUDING ITS ENFORCEABILITY, REVOCABILITY OR VALIDITY.
YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS OF USE WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. Notwithstanding anything to the contrary in this section or any other provision of these Terms of Use or in the American Arbitration Association's Consumer Arbitration Rules, disputes regarding the enforceability, revocability or validity of the foregoing class action waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, or representative action, and (2) there is a final judicial determination that all or part of such class action waiver is unenforceable, then the class, collective, and/or representative action, to that extent, must be litigated in a civil court of competent jurisdiction, but the portion of such class action waiver that is enforceable shall be enforced in arbitration.
The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by You or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator's decision will follow the terms of these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude You from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for You.
Severability
If any provision of these Terms of Use is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.
Changes
Star US reserves the right, at any time and from time to time, without notice to You, to update, revise, supplement, and otherwise modify these Terms of Use and to impose new or additional rules, policies, terms, or conditions on Your use of the Service. Any material updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Terms of Use as "Additional Terms") will be posted on the Website and will be effective immediately after such posting and thereafter incorporated into these Terms of Use. Any such changes will not apply to any dispute between Star US and You arising prior to the date on which we posted the revised Terms of Use incorporating such changes, or otherwise notified you of such changes. Your continued use of the Services will be deemed to constitute Your acceptance of any and all such Additional Terms.
Survival
You acknowledge that Your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law, and confidentiality shall survive the termination of these Terms of Use.
Miscellaneous
This agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Star US. You may not assign, transfer or sublicense any or all of your rights or obligations under this agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this agreement without restriction. No waiver by either party of any breach or default under this agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. Notices to you (including notices of changes to this agreement) may be made via posting to the Service or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Star US will not be responsible for any failure to fulfill any obligation due to any cause beyond its reasonable control.
Entire Agreement
These Terms of Use constitute the entire agreement between You and Star US governing Your use of the Services, superseding any prior or contemporaneous written or oral agreements between You and Star US regarding such use.
Apple-Specific Terms
In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the app compatible with the iOS operating system of Apple Inc. ("Apple"). Apple is not a party to this agreement and does not own and is not responsible for the app. Apple is not providing any warranty for the app except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the app and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the app, including any third-party product liability claims, claims that the app fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the app, including those pertaining to intellectual property rights, must be directed to Star US in accordance with the "Information or Complaints" section above. The license you have been granted herein is limited to a non-transferable license to use the app on an Apple-branded product that runs Apple's iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple's App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the app, such as your wireless data service agreement. Apple and Apple's subsidiaries are third-party beneficiaries of this agreement and, upon your acceptance of the terms and conditions of this agreement, will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Star US's right to enter into, rescind or terminate any variation, waiver or settlement under this agreement is not subject to the consent of any third party.