Terms & Conditions
Please read carefully the following terms and conditions (“Terms”) before downloading, installing or using the website www.BollyHolic.com or its App version (Collectively referred to as “Digital Properties”) or the cinematographic films (“Content”) offered through them. These Terms govern yours and our obligations and restrictions concerning your access to and use of Digital Properties and the services. These Terms constitute a binding legal agreement between you and BollyHolic.
In these Terms, “you,” “your” or “User” means any person or entity using the Digital Properties or the services offered through it. Unless otherwise stated, “BollyHolic,” “we” or “our” will refer to BollyHolic.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE DIGITAL PROPERTIES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE DIGITAL PROPERTIES OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED ON THE DIGITAL PROPERTIES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS, DOWNLOAD OR USE THE DIGITAL PROPERTIES AND/OR THE SERVICES. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Modification of the Service or these Terms
BollyHolic reserves the right, at its sole discretion, to modify, discontinue or terminate the Digital Properties or Services at any time and without prior notice; or to modify these Terms with notice to you on the Digital Properties or through the service. We are under no obligation to provide the service continuously or at all. We will provide the then current version of these Terms at a link on the home page of the Digital Properties and will update the “Update On date” shown proximate to that link. By continuing to access or use the Digital Properties or the services after we have posted notice and a modification on the Digital Properties, you are indicating that you agree to be bound by the modified Terms.
Our Digital Properties can be accessed by persons of all ages. However, restrictions do apply on the type of cinematographic films which can be viewed. If you are under 16 years of age and wish to register, you may only use the restricted areas of our digital platforms if your parent or legal guardian has first told us that you are allowed to do so. You must truthfully tell us your name, email address, country and date of birth. Our system will then ask you for the name and email address of your parent or legal guardian. We will send them an email so they are aware of your request and will ask them for their consent and to confirm they have authority to give that consent. We need their consent or refusal within 7 days, or else we will assume consent is not granted. Their consent can be withdrawn at any stage. If you are under 13 years of age, you are not allowed to use or access the Digital Properties.
To view a cinematographic film you may be required to create an account and become a member (“Member”). During the registration process, you will be required to provide your personal information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify BollyHolic of any unauthorized use of your Account.
The Digital Properties, cinematographic film, brand names, trademarks, designs etc as available on the Digital Properties are protected under various laws of intellectual properties rights including but not limited to laws on copyright and trademark, applicable in various jurisdictions worldwide. Except as expressly provided in these Terms, BollyHolic and in some cases its licensors/partners exclusively own all right, title and interest in and to the Digital Properties, cinematographic films, brand names, trademarks, designs etc. You will not remove, alter or obscure any copyright, trademark, service mark, designs or other proprietary rights notices incorporated in or accompanying the Digital Properties and/or the cinematographic films as available.
Application License Services
Conditioned upon your compliance with the terms and conditions of this Agreement, BollyHolic grants you a non-exclusive and non-transferable license for a single user to Execute (as defined in this section) the executable form of the Application on a supported device, solely for your Permitted Purposes (as defined below). BollyHolic reserves all rights in the Application not expressly granted to you in this Agreement. In addition, you may only avail of the Services under this Agreement for the Permitted Purpose. For purposes of this Agreement, “Execute” and “Execution” means to load, install and run the Application in order to benefit from its functionality as designed by BollyHolic. “Permitted Purposes” means for your personal, non-commercial purposes. If you would like to use the Application or avail of the Services, for commercial purposes, or if you would like to access and use BollyHolic’s promotions, analytics and content management tools, please contact BollyHolic at [email protected] You understand and agree that you may not use the Digital Properties and/or the Content available on the Digital Properties for any commercial purpose without prior written permission from BollyHolic.
Application License Term
The license granted under this Agreement remains in effect for as long as you have an account with us, unless earlier terminated in accordance with this Agreement. You may terminate the license at any time by deleting your account and removing all copies of the Application in your possession or control. The license granted under this Agreement will automatically terminate, with or without notice from BollyHolic, if you breach any term of this Agreement.
Except as expressly specified in this Agreement, you may not: (a) copy (except in the course of loading or installing) or modify the Digital Properties , including but not limited to adding new features or otherwise making adaptations that alter the functioning of the Digital Properties; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the Digital Properties to any third party; or © make the functionality of the Digital Properties available to multiple users through any means, including but not limited to by uploading the Digital Properties to a network or file sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other type of services. You agree that portions of the Digital Properties, including but not limited to the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of BollyHolic and its licensors. Accordingly, you agree not to disassemble, decompile or reverse engineer the Digital Properties in whole or in part, or permit or authorize a third party to do so.
License to you of the Content; License from you of your User Content to other users
BollyHolic grants to you and for your User Content (as defined in the next section) you hereby grant to BollyHolic’s and other users a limited, non-exclusive, non-transferable license to access and view any Content solely for your and the other users Permitted Purposes (as defined in the Application License section, above). The license from BollyHolic in the foregoing sentence is subject to your compliance with the terms and conditions of these Terms. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Digital Properties or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by BollyHolic or its licensors, except for the licenses and rights expressly granted in these Terms.
User Content Defined; License of your User Content to BollyHolic
Members may post, upload, publish, submit or transmit text, graphics, images, music, software, audio, video, information or other materials to be made available through the Digital Properties (“User Content”). User Content is a subset of the Content. By making available any User Content through the Digital Properties, you hereby grant to BollyHolic a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content, except that BollyHolic will not share content with other users while you have it marked “non-public” or password protected. BollyHolic does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Digital Properties. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Digital Property or the Services or you have all rights, licenses, consents and releases that are necessary to grant to BollyHolic the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or BollyHolic’s use of the User Content (or any portion thereof) on, through or by means of the Digital Property and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. The User Content will not contain any “back door,” “trap door,” “time bomb,” “Trojan Horse,” “worm,” “drop dead device,” “Easter Eggs,” “cancelbots” or other computer programming routines or viruses that are intended to damage, interfere with, intercept or expropriate any system data or personal information, permit access to or use of Digital Properties or other software or hardware by unauthorized parties, or disable, damage or erase any portion of the Digital Property.
You agree not to do any of the following: Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person, or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Digital Properties, or any individual element within the Digital Properties, BollyHolic’s name, any BollyHolic trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, except as explicitly permitted herein, without BollyHolic’s express written consent; Access, tamper with, or use non-public areas of the Digital Properties, BollyHolic’s computer systems, or the technical delivery systems of BollyHolic’s providers; Attempt to probe, scan, or test the vulnerability of any BollyHolic’s system or network or breach any security or authentication measures; Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by BollyHolic or any of BollyHolic’s providers or any other third party (including another user) to protect the Digital Properties or Content; Attempt to access or search the Digital Properties or Content or download Content from the Digital Properties through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software or search agents provided by BollyHolic or other generally available third party web browsers; Send any promotional materials in violation of law; Use any meta tags or other hidden text or metadata utilizing a BollyHolic trademark, logo URL or product name without BollyHolic’s express written consent; Use the Digital Properties or Content for any commercial purpose without prior written permission from BollyHolic as noted above; Resell or offer advertising in connection with any Content; Profile any BollyHolic user; Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Digital Properties to send altered, deceptive or false source identifying information; Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Digital Properties or Content; Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail bombing the Digital Properties; Collect or store any personally identifiable information from the Digital Properties from other users of the Digital Properties without their express permission; Impersonate or misrepresent your affiliation with any person or entity; Violate any applicable law or regulation; or Encourage or enable any other individual to do any of the foregoing. BollyHolic will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. BollyHolic may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that BollyHolic has no obligation to monitor your access to or use of the Digital Properties or Content or to review or edit any User Content but has the right to do so for the purpose of operating the Digital Properties and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. BollyHolic reserves the right, at any time and without prior notice, to remove or disable access to any Content, including any User Content that BollyHolic, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Digital Properties or the Services.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE DIGITAL PROPERTIES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE DIGITAL PROPERTIES. YOU UNDERSTAND THAT BollyHolic DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE DIGITAL PROPERTIES OR SERVICES, NOR DOES BollyHolic MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE DIGITAL PROPERTIES OR SERVICES, OR TO REVIEW THEIR UPLOADED CONTENT. YOU ACKNOWLEDGE THAT CONTENT POSTED BY ANOTHER USER IS NOT BollyHolic’S RESPONSIBILITY AND THAT SUCH CONTENT MAY BE OFFENSIVE OR HARMFUL TO YOU. BollyHolic MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE DIGITAL PROPERTIES OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE DIGITAL PROPERTIES OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE DIGITAL PROPERTIES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE DIGITAL PROPERTIES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to indemnify, at our request defend, and hold BollyHolic, its officers, directors, employees and agents, harmless from and against any third party claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Digital Properties or Content, or your violation of these Terms.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER BollyHolic NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE DIGITAL PROPERTIES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE DIGITAL PROPERTIES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE DIGITAL PROPERTIES OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE DIGITAL PROPERTIES OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BollyHolic HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
These Terms constitute the entire and exclusive understanding and agreement between BollyHolic and you regarding the Digital Properties and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between BollyHolic and you regarding the Digital Properties and Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without BollyHolic’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. BollyHolic may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, personal representatives and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by BollyHolic via email (in each case to the address that you provide) or (ii) by posting to the Digital Properties. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of BollyHolic to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of BollyHolic. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Feedback & Contacting BollyHolic
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Digital Properties. If you have any questions about these Terms, please contact BollyHolic at [email protected]
You acknowledge and agree that all Feedback will be the sole and exclusive property of BollyHolic and you hereby irrevocably assign to BollyHolic and agree to irrevocably assign to BollyHolic all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At BollyHolic’s request and expense, you will execute documents and take such further acts as BollyHolic may reasonably request to assist BollyHolic to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.