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 stating the terms that govern Your use of the Site, as defined below. BY ACCEPTING THESE TERMS OF USE IN ANY MANNER OR ACCESSING THIS SITE, YOU CONSENT, AGREE AND UNDERTAKE TO ABIDE, BE BOUND BY AND ADHERE TO THE TERMS OF USE and the Privacy Policy accessible at www.hotstar.com/ca/terms-of-use and www.hotstar.com/ca/privacy-policy rrespectively and any other terms which govern the Site (together referred to as "Terms of Use" or "Terms" or "Terms and Conditions") AND IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT ENTITLED TO AVAIL OF / USE THE SERVICES AND ANY USE THEREAFTER SHALL BE UNAUTHORIZED. These Terms include terms that are applicable to any purchase through payment of a subscription fee or a pay per view fee on the Site, as defined below. Please read these Terms carefully and print a copy for your records.
Description of Service and Acceptance of Terms of Use
21st Century Fox Star US LLC is a company incorporated under State of Delaware , having its registered office at c/o The Corporation Trust Compnay, Corporation Trust Centre, 1209 Orange Street, Wilmington DE 19801, United States ("Star US", "we", "us" or "our"). Star US inter alia provides an online website 'www.hotstar.com/ca' as an interactive platform for its viewers and any associated mobile sites, applications ("Site") to inter alia view serials and programs, films, sports content, trailers of upcoming serials, view videos and/or photos of their favorite characters on serials, read recaps of serials, 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 ("Content") and includes posting of comments, participation in contests (all such features of the Site collectively referred to as "Services"). 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 for your personal, non-commercial viewing, and that no right, title or interest in any Content will be deemed transferred 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 availing of 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 would be subject to various parameters such as specifications, device, Internet availability and speed, bandwidth, etc. You agree and acknowledge that Star US may monitor or use certain technologies for monitoring of activities including logging of Your IP address to ascertain and verify Your geographical location. 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 Service can be availed 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 Site 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").
Use of the Services is subject to compliance with these Terms of Use.
Unless otherwise specified, the Services is available for individuals who have attained the age of majority in their jurisdiction. 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.
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 SITE. Your access to and use of the Services is subject to these Terms and Conditions, Privacy Policy and all applicable laws, rules, and regulations.
Participation in any contest and or game 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 FEEDPrivacy
Star US's personal information practices on the Site are governed by Star US's Privacy Policy accessible at www.hotstar.com/ca/privacy-policy.
Subscription Services
Some of the Content made available on the Site can be availed 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 will be using 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 these Subscription plans 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.
APPOINTMENT OF THE AGENT TO COLLECT THE SUBSCRIPTION FEES
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.
In case You are eligible for any free trial, Star US may charge You a token amount of money at the time of Your registration for the Subscription plan. This token amount will be refunded to You once Star US receives the confirmation from the third party payment gateway provider that Your Payment Method has been registered.
Payments
By placing an order for a pay-per-view item or registering for a Subscription plan, you agree to pay Star US the amount set out as the "TOTAL" in the order summary of the "Payment" step (the "Fee"). In the case of a Subscription plan, the Fee will consist of the Subscription Fee which will be charged automatically on a monthly basis. The Fee is quoted in Canadian dollars and excludes applicable taxes.
By providing Your selected Payment Method, you authorize Star US (through its third party payment gateway) to charge the applicable card or method for the Fee and you represent and warrant that you are the cardholder or account holder. In respect of a Subscription plan, you authorize Star US (through its third party payment gateway) to charge Your selected Payment Method for the Fees associated with your Subscription plan on a monthly basis unless you provide notice that you no longer wish to receive the Subscription plan or the Subscription plan is terminated in accordance with these Terms. If Payment Method is rejected by your card issuer or account provider, Star US will have no obligation to fulfill your order.
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.
In case 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 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. On cancellation of Subscription You will be notified by Star US.
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.
The Subscription Fees billed are non-refundable irrespective of whether the Subscription have been availed 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 entail You with a refund 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 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 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.
You can access the status of Your Subscription anytime through the "My Account" section on Your profile page. 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 redressal.
Upon payment through any of the Payment Modes and confirmation of receipt of such payment from the payment gateway provider, an invoice will be made available to You in the "My Account" section which can be downloaded by You in pdf format.
Upon payment being received by Star US through any of the Payment Method, Star US shall make the Subscription available to You through any of the approved modes of delivery that Star US adopts.
It is hereby clarified that the Subscription offered to You are offered by Star US and not by any third party including any payment gateway service providers.
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.
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. If you do not expressly agree to the change in the Subscription Fee associated with your Subscription plan, your Subscription plan will be terminated.
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 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.
Access and Use of the Services
Star US grants You a non-exclusive limited, revocable, limited permission to use the Services on the Site for personal, non-commercial purposes during the subsistence of Your Account with Star US or Partner for the territory of the world or limited territories as applicable in respect of specified Content and as set forth in these Terms and Conditions.
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 and Conditions, without the written permission of Star US.
By agreeing to use/avail 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. If You do so, You acknowledge You will have caused substantial harm to Star US, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, You agree, to the fullest extent permitted by law, to pay Star US $10 (ten Canadian dollars) for each actual or intended recipient of such communication without prejudice to any other rights of action that Star US may have against You in law or equity;
- 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;
- AAccess 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.
You are responsible for the security and proper use of Your unique user ID and password that You enter while registering on the Site or on the Partner's website or application and must take all necessary steps to ensure that they are kept confidential, used properly, and not disclosed to unauthorized people. You are responsible for any use of your user ID and password.
You agree that Your use of the Services and the Content may give You the opportunity to view, publish, transmit, submit posts and/or comment in accordance with these Terms and Conditions. You agree that You will not misuse the Content and/or other user material You access and view as part of the Service, including without limitation, download/store the Content by illegal/non-permitted means, or infringe any of Star US's/ or its licensor's copyright, trademark design, patent, and other intellectual property including any rights of Star US or its licensors subsisting in the Content. You further agree that You will not copy/record/edit/modify any of the Content You access and view as part of the Service, for any purpose, and/or copy/record/edit/modify any Content including video, images etc., by using any means including software, spyware, etc., for any purpose whatsoever.
You further agree that You shall not post, publish, transfer, upload, transmit or submit any of the Content, including without limitation videos, images, comments, User Material (defined below) or articles, of the Site on any other website, webpage or software, whatsoever which is not owned by Star US.
You agree that the Content provided on the Site is strictly for Your private viewing only and not for public exhibition irrespective of whether the public is charged for such exhibition or not. You hereby agree to refrain from further broadcasting or making available the Content provided on the Site to any other person(s), or in any manner communicate such Content to the public.
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
Unless specifically provided for otherwise under these Terms and to the maximum extent permitted by law, 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, if Star US so determines in its sole discretion, for any reason whatsoever, including that You have breached these Terms and Conditions, the Privacy Policy, violated any law, rule, or regulation, engaged in any inappropriate conduct, provided false or inaccurate information, or for any other reason. You hereby agree and consent to the above and agree and acknowledge that Star US can, at its sole discretion, exercise its right in relation to any or all of the above, and that Star US, its directors, officers, employees, affiliates, agents, contractors, principals or licensors shall not be liable in any manner for the same; and You hereby agree, acknowledge and consent to the same.
With respect to Your purchase of a Subscription plan, Star US may cease to provide the Subscription plan to You at any time, with notice to you. In such case, Star US will no longer charge you in respect of that Subscription plan.
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"). As it concerns User Material, without prejudice to Your obligation to otherwise comply with applicable laws during the course of using the Services, 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. 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 other 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 host, display, upload, modify, publish, transmit, update or share any information /material/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;
(i) 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. You also represent and warrant that the Posting of Your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights.
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) and agree to waive any "moral rights" in such User Material. 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 of 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.
If You have any complaints relating to any third party User Material or Content uploaded on the Site, then please contact: help@hotstar.com Your email, which must bear Your digital signature or a signed written complaint, should include the following information:
Star US shall on examination of the complaint take all reasonable measures, including taking down the objectionable User Material expeditiously in accordance with applicable law. You agree and acknowledge that Star US's responsibility in relation to objectionable User Material is limited to removing them post receipt of Your objections in accordance with these Terms of Use and Star US shall not be responsible or liable for any other damages or losses incurred by You of any nature whatsoever.
Linked Destinations and Advertising
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 or viewing of these products or services advertised on our Site or the (third party) 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. This Site may contain articles contributed by several individuals. The views are exclusively their own and do not represent the views of Star US, affiliates and/ or its management. All liability in respect of the above is excluded to the extent permitted by law including any implied terms. While using this Site for information purposes or otherwise, users acknowledge and accept the above disclaimer.
If Star US provides links or pointers to other websites or destinations, You should not infer or assume that Star US 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 before You provide any confidential information or engage in any transactions. You should not rely on these Terms and Conditions and/or Privacy Policy to govern Your use of another website or destination.
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. By using the Services, You acknowledge and agree that Star US is not responsible or liable to You for any content or other materials hosted and served from any website or destination other than the Site.
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.
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
If you live in a jurisdiction that does not allow any of the following disclaimers of warranties or the exclusions or limitations of liability in the sections below (such as in some circumstances if you are a consumer residing in Quebec), such disclaimers, exclusions or limitations will not apply to you but only to the extent such disclaimers, exclusions or limitations are not allowed. In such case, such disclaimers, exclusions or limitations shall be limited to the greatest extent permitted by applicable law.
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 or conditions of any kind, whether legal express, implied, arising from statute, course of dealing, usage of trade or otherwise. 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 DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, 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, EVEN IF ADVISED OF THEIR POSSIBILITY. 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 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 NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO USE THE SERVICES; AND (B) TEN CANADIAN DOLLARS (C$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 legal fees) arising from: (i) Your use of and access to the Services; (ii) Your violation of any term of these Terms and Conditions; (iii) Your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; (iv) Your breach of any applicable laws; 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 and Conditions and Your use of the Service.
The Agent hereby agrees to indemnify and hold harmless the Subscription User from any and all taxes, penalties and interest that may be assessed by the Canada Revenue Agency or a tax authority of any province of territory of Canada in respect of the Agent's obligation pursuant to Articles 1.2 and 1.3 hereinabove to withhold and remit tax as required under the Act in respect of the Subscription Fees.
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 425 4250. 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.
Governing Law and Jurisdiction
The relationship between You and Star US shall be governed by the laws of Canada without regard to its conflict of law provisions and for resolution of any dispute arising out of Your use of the Services. Notwithstanding the foregoing, You agree that, to the extent permitted by applicable law, (i) Star US has the right to bring any proceedings before any court/forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum and (ii) any proceeding brought by You shall be exclusively before the courts of the relevant jurisdiction in Canada.
Severability
If any provision of these Terms and Conditions 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
Unless specifically provided for otherwise under these Terms and to the maximum extent permitted by law, 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 Site and will be effective immediately after such posting and thereafter incorporated into these Terms and Conditions . 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, confidentiality shall survive the efflux of time and the termination of these Terms and Conditions.
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 control.
It is the express wish of the parties that these Terms and Conditions and all related documents be drawn up in English. C'est la volonté express des parties que la présente convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.
Entire Agreement
These Terms and Conditions and Privacy Policy constitute the entire agreement between You and Star US governing Your use of the Services, superseding any prior 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.