Terms of Service
Last updated: 25th March 2019
Welcome to Rupali TV!
Defined terms
1. In these terms, unless the context requires otherwise—
“content” includes, but not limited to text, graphics, illustrations, photos, videos, sounds, music, audio-visual combinations, data, metadata, software and the selection and arrangement thereof, which is provided on or accessed through the services;
“services” means anything digital offered by Rupali TV such as apps, podcasts, RSS feeds and websites such as rupalitv.com;
“terms” means the terms and conditions set out in this document;
“you” or “your” means user of the services; and
“we, “us”, “our” or “Rupali TV” means Rupali TV Limited, a company registered in England and Wales with company number 11311736 and whose registered office is at 3rd Floor, 207 Regent Street, London, England, W1B 3HH.
Your relationship with Rupali TV
2.—(1) Your use of the services is subject to the terms of a legal agreement between you and Rupali TV.
(2) The terms form a legally binding agreement between you and Rupali TV in relation to your use of the services. It is important that you take the time to read them carefully.
(3) The terms apply to all users of the services. Sometimes additional terms or product requirements may apply. Additional terms will be available with the relevant services, and those additional terms become part of your legal agreement with Rupali TV if you use those services.
Accepting the terms
3.—(1) In order to use the services, you must firstly agree to the terms. You may not use the services if you do not accept the terms.
(2) You can accept the terms by simply using the services. You understand and agree that Rupali TV will treat your use of the services as acceptance of the terms from that point onwards.
(3) You may not use the services and may not accept the terms if—
(a) you are under the age of 18, or
(b) you are a person who is either barred or otherwise legally prohibited from receiving or using the services.
(4) You should print off or save a local copy of the terms and any additional terms for your records.
Using Rupali TV’s services
4.—(1) You may use the services only as permitted by law.
(2) You must follow any policies and guidelines made available to you within the services.
(3) The services display some content that is not Rupali TV’s. This content is the sole responsibility of the entity that makes it available.
(4) Some software used in the services may be offered under an open source licence that Rupali TV will make available to you. There may be provisions in the open source licence that expressly override some of the provisions the terms.
(5) Rupali TV may suspend or stop providing the services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
(6) Some of the services are available on mobile devices. Do not use such services in a way that distracts you and prevents you from obeying traffic or safety laws.
(7) In connection with your use of the services, Rupali TV may send you service announcements, administrative messages and other information. You may opt out of some of those communications.
(8) If you submit feedback or suggestions about the services, Rupali TV may use your feedback or suggestions without any obligation to you.
Rupali TV account
5.—(1) In order to access some of the services, you may need a Rupali TV account. You may create your own Rupali TV account, or your Rupali TV account may be assigned to you by an administrator. If you are using a Rupali TV account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
(2) You agree that you will be solely responsible for all activity that occurs under your Rupali TV account.
(3) It is important that you keep your Rupali TV account password secure and confidential. You must notify Rupali TV immediately of any breach of security or unauthorised use of your Rupali TV account that you become aware of.
General restrictions on use
6.—(1) In relation to your use of the services —
(a) you agree not to access content through any technology or means other than the services itself, or such other means as Rupali TV may explicitly designate for this purpose;
(b) you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the services;
(c) you agree not to use the services for any of the following commercial uses unless you obtain Rupali TV’s prior written approval—
(i) the sale of access to the services;
(ii) the sale of advertising, sponsorships or promotions placed on or within the services, or content;
(d) prohibited commercial uses shall not include any use that is expressly authorised by Rupali TV in writing;
(e) you agree not to collect or harvest any personal data of any user of the services (and agree that this shall be deemed to include Rupali TV account names);
(f) you agree not to use the services (including any comments features) for the solicitation of business in the course of trade or in connection with a commercial enterprise;
(g) you agree not to solicit, for commercial purposes, any users of the services with respect to their content;
(h) you agree not to access content for any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the services; and
(i) you shall not copy, reproduce, modify, distribute, transmit, broadcast, display, sell, license or otherwise exploit any part of the services (including but not limited to any content or software), for any other purposes whatsoever, unless otherwise permitted by law, or you have prior written consent of Rupali TV or, where applicable, Rupali TV’s licensors.
(2) The terms do not grant you any rights to use any branding or logos used in the services. Using the services does not give you ownership of any intellectual property rights in the services or any content you access.
(3) You agree that you are solely responsible for (and that Rupali TV has no responsibility to you or to any third party for) any breach of your obligations under the terms and for the consequences (including any loss or damage which Rupali TV may suffer) of any such breach.
Privacy and copyright protection
7.—(1) Rupali TV’s privacy policies found at https://rupalitv.com/privacy/ explains how we will treat your personal data and protect your privacy when you use the services.
(2) If you think somebody is breaching your intellectual property rights on the services and want to alert the moderators, you can do so, in the first instance by sending an email to rupalitvhelp@rupalitv.com.
Content
8.—(1) Some of the services allow you to upload, submit, store, send, receive or post content. You understand that Rupali TV does not guarantee any confidentiality with respect to content.
(2) You retain all of your ownership rights in your content, but you are required to grant licence rights to Rupali TV. These are described in section 9 of the terms (Rights you license).
(3) You understand and agree that you will not upload, submit, store, send, receive or post content to or through the services that infringes or violates someone else’s rights or otherwise violates the law.
(4) You understand and agree that you are solely responsible for your own content and the consequences of uploading, submitting, sending, storing, receiving, posting or publishing it to or through the services. Rupali TV does not endorse any content or any opinion, recommendation, or advice expressed therein, and Rupali TV expressly disclaims any and all liability in connection with content.
(5) You represent and warrant that you have (and will continue to have) all necessary licences, rights, consents, and permissions which are required to enable Rupali TV to use your content for the purposes of the provision of the services, and otherwise to use your content in the manner contemplated by the services and the terms.
(6) You agree that the content of all of your content and your conduct on the services will comply with the terms.
(7) You agree that you will not upload, submit, store, send, receive or post any content to or through the services which contains material which is unlawful for you to possess, or which would be unlawful for Rupali TV to use or possess in connection with the provision of the services.
(8) You agree that content you upload, submit, store, send, receive or post to or through the services will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to upload, submit, store, send, receive or post the material in question and to grant Rupali TV the licence referred to in section 9(1).
(9) If you have a Rupali TV account, you agree that we may display your profile name, profile photo and actions you take (such as reviews you write and comments you post) on the services.
(10) Rupali TV may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please do not assume that we do.
(11) You understand and acknowledge that in using the services, you may be exposed to content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Rupali TV with respect to any such content.
Rights you license
9.—(1) When you upload, submit, store, send, receive or post content to or through the services, you grant to Rupali TV, a worldwide licence (in the content) to use, store, reproduce, modify, create derivative works of, communicate, publish, publicly perform, publicly display and distribute such content (and any derivative work) in any and all media formats whether now known or hereafter developed or discovered. This licence continues even if you stop using the services (for example, comments you submit as content to or through the services). The rights that you grant in this licence are for the limited purpose of operating, promoting, and improving the services, and to develop new ones.
(2) The above licence granted by you in the content is otherwise without prejudice to your ownerships rights, which is retained by you as set out in section 8(2).
Rupali TV content on the services
10. With the exception of content uploaded, submitted, stored, sent, received or posted to or through the services by you and licensed by you to Rupali TV (see section 9), all other content on the services is either owned by or licensed to Rupali TV (or its use by Rupali TV is otherwise permitted by law), and is subject to copyright, trade mark rights, and other intellectual property rights of Rupali TV or Rupali TV’s licensors. Such content shall not be copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever, unless otherwise permitted by law, or you have prior written consent of Rupali TV or, where applicable, Rupali TV’s licensors. Rupali TV and Rupali TV’s licensors reserve all rights not expressly granted in and to their content.
Links from Rupali TV’s services
11.—(1) The services may include hyperlinks to other websites that are not owned or controlled by Rupali TV. Rupali TV has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
(2) You acknowledge and agree that Rupali TV is not responsible for the availability of any such external websites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
(3) You acknowledge and agree that Rupali TV is not liable for any loss or damage which may be incurred by you as a result of the availability of those external websites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
(4) Rupali TV encourages you to be aware when you leave the services and to read the terms and conditions and privacy policy of each other website that you visit.
Modifying and terminating Rupali TV’s services
12.—(1) Rupali TV is constantly changing and improving the services. Rupali TV may add or remove functionalities or features and may suspend or stop a service altogether.
(2) You can stop using the services at any time, although Rupali TV would be sorry to see you go.
(3) Rupali TV may also stop providing the services to you or add or create new limits to the services at any time.
Rupali TV’s warranties and disclaimers
13.—(1) Nothing in the terms or any additional terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
(2) The services are provided “as is” and Rupali TV makes no warranty or representation to you with respect to them.
(3) In particular Rupali TV does not represent or warrant to you that—
(a) your use of the services will meet your requirements,
(b) your use of the services will be uninterrupted, timely, secure or free from error,
(c) any information obtained by you as a result of your use of the services will be accurate or reliable, and
(d) that defects in the operation or functionality of any software provided to you as part of the services will be corrected.
(4) No conditions or warranties (including any implied warranty as to satisfactory quality, conformance with description, title, non-infringement, merchantability or fitness for a particular purpose) apply to the services except to the extent that they are expressly set out in the terms or any additional terms. To the extent permitted by law, Rupali TV excludes all warranties.
Liability for Rupali TV’s services
14.—(1) Nothing in the terms or any additional terms shall exclude or limit Rupali TV’s liability for losses which may not be lawfully excluded or limited.
(2) Subject to the overall provision in subsection (1) [of this section 14] above Rupali TV shall not be liable to you for—
(a) any indirect or consequential losses which may be incurred by you. This shall include—
(i) any loss of profit (whether incurred directly or indirectly);
(ii) any loss of goodwill or business reputation;
(iii) any loss of opportunity; or
(iv) any loss of data suffered by you;
(b) any loss or damage which may be incurred by you as a result of—
(i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
(ii) any changes which Rupali TV may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
(iii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
(3) To the extent permitted by law, the total liability of Rupali TV for any claims under the terms or any additional terms, including for any implied warranties, is limited to the amount you paid Rupali TV to use the services (or if Rupali TV choose, to supplying you with the services again).
(4) In all cases, Rupali TV will not be liable for any loss or damage that is not reasonable foreseeable.
About the terms
15.—(1) Rupali TV may modify the terms or any additional terms that apply to a service to, for example, reflect changes to the law or changes to the services. You should look at the terms regularly. Rupali TV will post notice of modifications to the terms on the terms page at https://rupalitv.com/terms. Rupali TV will post notice of modified additional terms in the applicable service. If you do not agree to the modified terms for a service, you should discontinue your use of that service. Your continued use of the service after the date the modified terms are posted will constitute your acceptance of the modified terms.
(2) If there is any inconsistency between the terms and any additional terms, the additional terms will prevail to the extent of the inconsistency.
(3) The terms govern the relationship between Rupali TV and you. They do not create any third party beneficiary rights.
(4) You agree that if Rupali TV does not exercise or enforce any legal right or remedy which is contained in the terms (or which Rupali TV has the benefit of under the law), this will not be taken to be a formal waiver of Rupali TV’s rights and that those rights or remedies will still be available to Rupali TV.
(5) If the court rules that any provision of the terms is invalid, then that provision will be removed from the terms without affecting the rest of the terms. The remaining provisions of the terms will remain in full force and effect.
(6) The terms, and your relationship with Rupali TV under the terms, shall be governed by and construed in accordance with the laws of England and Wales. You and Rupali TV agree to submit to the exclusive jurisdiction of the courts of England and Wales to resolve any disputes arising out of relating to the terms.
Regulation
16.—(1) Ofcom regulates the editorial content of video on demand programme services [TV-like programmes]. You can find further information about Ofcom at https://www.ofcom.org.uk/tv-radio-and-on-demand. You can write to Ofcom at Riverside House, 2a Southwark Bridge Road, London, SE1 9HA or you can telephone them on 0300 123 3333 or 020 7981 3040.
(2) Advertising within the services is regulated by the Advertising Standards Authority (ASA). You can find further information about the ASA at https://www.asa.org.uk/. You can write to the ASA at Mid City Place, 71 High Holborn, London, WC1V 6QT or you can telephone the ASA on 020 7492 2222.
Contact Rupali TV
17. If you have any questions, queries or complaints or need help in using the services. You can send your email to rupalitvhelp@rupalitv.com or write to Rupali TV Limited, 3rd Floor, 207 Regent Street, London, England, W1B 3HH.
