TERMS AND CONDITIONS
1.1. Welcome to www.waitfordday.com. We are a movie entertainment website. It contains movie related videos, images & information offered through our website (“Content”). The Content is made available through Internet streaming and is accessible through web browsers on various compatible platforms that are compatible with our System Requirements. The Content, the video streaming of our Content, our website, and any other features, functionalities, applications, materials, or other services offered from time to time by DAR Motion Pictures Pvt. Ltd. and Emmay Entertainment Pvt. Ltd. (“The Stakeholders”) in connection with any of the above, however accessed.
2.1. The use of this website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are incompetent to contract within the meaning of the Indian Contract Act, 1872 are not eligible to use this website or any Services therein. Without prejudice to the generality of the above, no person under the age of 18 may use or access the website or the Services or the Content or attempt to enter into any transactions on our website.
4. Privacy and Communications Preferences
4.2. By using or accessing the website, you (i) consent to the use of electronic communications in order to enter into contracts and confirm terms from The Stakeholders; (ii) consent to the electronic delivery of notices, policies and records of transactions initiated or completed by you online; and (iii) acknowledge that you have access to the necessary software and hardware to receive electronic records from The Stakeholders in connection with transactions initiated or completed by you online. You consent to receiving electronic communications from The Stakeholders regarding the website and you represent that you are not on any Do Not Call / Do Not Disturb registries under the Telecom Unsolicited Commercial Communications Regulations, 2007, the Telecom Commercial Communications Customer Preference Regulations, 2010 or otherwise which preclude us from sending you these communications.
5. Ownership of Intellectual Property
5.1 The Stakeholders, its affiliates and its licensors/licensees have, and shall continue to retain, all title, rights and interests in the website and the Content, including all information, design, layout, text, graphics, logos, designs, photographs, databases, icons, images, audio/video clips, digital downloads, data compilations, graphics, illustrations, configurations, data, data fields, flash presentations, code, underlying technology, content delivery mechanisms, plug-ins and other files and software.
5.2. This website, the look and feel of the website, the presentation of the Content, user interface, databases and compilations are the sole and exclusive property of The Stakeholders.
5.3. “DAR Motion Pictures Pvt. Ltd.” and “Emmay Entertainment Pvt. Ltd.” are registered in trademark. The website and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of The Stakeholders. The trademarks, service marks and trade dress of the website may not be used or reproduced without prior written approval from The Stakeholders and may not be used in connection with any product or service that is not affiliated with The Stakeholders, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of The Stakeholders, or in any manner that disparages or discredits The Stakeholders. Other trademarks that appear on the website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Stakeholders. Any images of persons or personalities contained on the website and user interfaces are not an indication or endorsement of The Stakeholders or any particular product or our service unless otherwise indicated.
6. Limited License
6.2. Your limited license as provided is subject to the following conditions:
i. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, for any purpose whatsoever, without The Stakeholders prior written permission, except as expressly permitted by the limited license;
ii. You may not may not create any derivative works from the Content or the website (including without limitation, montages, mash-ups, recreations, derivations, screen captures, wallpaper, desktop themes or any other physical or digital material) or republish the Content or the website on any internet, intranet or extranet site or incorporate the Content in any other database or compilation;
iii. You may not extract, collect, harvest, test or benchmark, through electronic means or otherwise, the website or any of the Content;
iv. You may not use the Content or the website for any purposes competitive with or derogatory to The Stakeholders and you may not associate the website or the Content with, provide links from or display alongside any material that may be vulgar, obscene, pornographic, misleading, defamatory, libellous, offensive, derogatory, threatening, harassing, abusive or violent nature, or such that it is proscribed under applicable law or infringes third party rights;
v. You shall not directly or indirectly, through any means whatsoever, permit, abet or assist any access or use of the website or the Content in a manner not expressly provided or permitted herein; and
vi. This limited and conditional license may be revoked at any time by The Stakeholders.
7. The Use of the Website
7.1. We, The Stakeholders, DAR Motion Pictures & Emmay Entertainment Pvt. Ltd. and we reserve the right to display and promote the filmed entertainment or other information through our services, including our website and user interfaces, to you in any manner we choose in our sole and absolute discretion. In addition, the website allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the website are those of the respective authors or producers and not of The Stakeholders, or its shareholders, directors, officers, or employees or licensors. Under no circumstances shall The Stakeholders, or its shareholders, directors, officers or employees or licensors be held liable for any loss or damage caused by your reliance on information obtained through the website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the website.
7.2. The use of the website and access to the Content are subject to you having the necessary hardware, software and network resources as listed under our System Requirements.
7.4. You may access the website and Content only in geographic locations where we offer our services. The Content that may be available to watch may vary by geographic location. The Stakeholders uses technologies to verify your geographic location and thereby limit your access to content not available in such location.
7.5. From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of content, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
8. User Reviews: We permit you to post reviews of content available through the website. We do not regularly select or review the content posted on the website; however, we reserve the right to reject, remove or edit such content at anytime without notice. You may not post reviews or otherwise disseminate on or through the website, any content that is unlawful, harassing, libellous, tortious, abusive, offensive, threatening, or obscene, or materials which infringe or violate any third party’s copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred, or that promotes illegal activities or physical harm against anyone. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason.
9. Streaming Software/Software Plug-ins: Any software, including any files, images generated by the software, code, and data accompanying the software, used or accessible through this website may be used by you solely for accessing and using this website for purposes expressly stated herein. The Stakeholders retains full and complete title to all intellectual property rights and other proprietary rights subsisting in or used in relation to such software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any such software.
10. Role of The Stakeholders as in Intermediary
10.1. We are an intermediary, as defined under the Information Technology Act, 2000. As part of our obligations under the Information Technology Act, 2000, upon receiving actual knowledge that any information, data or communication link residing in or connected to a computer resource controlled by us is being used to commit an unlawful act, we are required to remove or disable access to such material.
10.2. If you believe your work has been reproduced or distributed through the website in a way that constitutes copyright infringement or are aware of any infringing material available through the website or if you have tangible and conclusive information that any of the material made available through The Stakeholders is illegal, please notify us through email at: email@example.com
10.3. The notification must be in writing and where the claim relates to one of copyright infringement, the notification must contain a description of the copyrighted work that is claimed to have been infringed, authorization to act on behalf of the copyright owner, details of what material is allegedly infringing, how the infringement has occurred/is occurring, the location of the same within the website and your contact details. Where the claim relates to one of illegal content, the notification must include tangible and conclusive information that the material made available through the website is illegal under the laws of India.
11. Disclaimers of Warranties and Limitations on Liability
11.1. The services, including our website and user interfaces, and all Content and software associated therewith, or any other features or functionalities associated with the website, are provided "as is" and "as available" with all faults and without warranty of any kind. To the fullest extent permissible pursuant to applicable law, we, our affiliates and our licensors make no representations or warranties of any kind with respect to the services, our website and user interfaces, and all Content and software associated therewith, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
11.2. The Stakeholders assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of any advice, opinion, statement or other content or of any products or services advertised by third parties through the website. The Stakeholders do not make any warranty that the website or the Content will meet the your requirements, or that the website or the Content will be uninterrupted, timely, secure, free from be free from errors, interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion, or that defects, if any, will be corrected.
11.3. You expressly agree that use and access of the website, including all Content, data or software distributed by, downloaded or accessed from or through the website, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download or access of such Content, data and/or software.
11.4. We do not make any representations with respect to the contents and composition of the Content from the website or the descriptions of any movie or TV show content contained on our website and user interfaces. We do not endorse, condone, support or make any warranties regarding accuracy or completeness of any statements, representations, advice, views or opinions contained in any of the Content or advertisements. All such statements, representations, advice, views or opinions may be partly or entirely fictional, exaggerated or false and the licensors of such Content or advertisement are solely responsible for the same.
11.6. The Stakeholders may provide links to web sites operated by other entities. If you use these sites, you may leave this website based on your browser settings and may not be able to complete or may have to re-do certain operations through the websites. If you decide to visit any linked site, it is done so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. The Stakeholders make no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. The links do not imply that The Stakeholders, its affiliates or its licensors sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of The Stakeholders.
11.7. The disclaimers provided herein are supplementary to the Legal Disclaimer and neither shall substitute or limit the other.
11.8. IN NO EVENT SHALL THE STAKEHOLDERS BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON THE YOUR INFORMATION HANDLING SYSTEM THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, AND FUNCTIONS OF THE EROS NOW SERVICES, EVEN IF EROS NOW IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES HERETO ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.
13. Other Terms
13.1. Termination: We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. The Stakeholders may also impose limits on certain features and services or restrict your access to parts or all of the website without any notice or liability.
13.2. External Links to this website: All links to the website must be expressly approved in writing by The Stakeholders and shall be subject to the following conditions: (i) the link is a text-only link containing only the name ‘D-Day’ and directs only to http://www.waitfordday.com and not to any other page of the website; (ii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a frame on the linked website; (iii) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by The Stakeholders nor be such as to damage or dilute the goodwill associated with the name and trademarks of The Stakeholders, its affiliates or licensors; and The Stakeholders reserve the right to revoke or alter the terms of such consent to link at any time in its sole discretion.
13.3. Export Control Regulations: You hereby agree to comply with all applicable laws regarding software and the transmission of technical data exported from the country in which you reside.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Usage of this Website www.waitfordday.com means you accept its terms.
All materials (including but not limited to the contents, news, information, artwork, text, audio, video or pictures/photographs) on this Website www.waitfordday.com is Copyright © of DAR Motion Pictures Pvt. Ltd. & Emmay Entertainment Pvt. Ltd. (“The Stakeholders”) and is protected by International copyright law, trademark law, and trade secret law. The Content includes both content owned or controlled by The Stakeholders and content owned or controlled by third parties and licensed to The Stakeholders. You may only access and use these materials for personal or educational purposes. Any alteration/modification either in whole or in part or usage of the materials for other than educational and personal purposes violates the copyright laws. You may not under any circumstances, reproduce, record, publish publicly, distribute or publicly exhibit any material without The Stakeholders express written consent. Any attempt to "pass off" any of The Stakeholders content as your own work shall be violative of the existing copyright laws.
You may not use any of The Stakeholders trademarks or trade names without our consent and you acknowledge that you have no ownership rights in and to any of those names and marks. You agree to notify The Stakeholders in writing promptly upon becoming aware of any unauthorized access to or use of the Website by any party or of any claim that the Website or any of the contents of the Website infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.
Links of other sites from this Website: This Website may contain links to other Websites ("linked sites"). The linked sites are not under the control of The Stakeholders and The Stakeholders are not responsible for the contents of any such linked site, including without limitation any link contained in a linked site or any changes or updates to a linked site. These links have been provided to you only as a convenience and the inclusion of any link does not imply endorsement by this Website or any association with such site(s) or operator(s).
Disclaimer for submissions: The Stakeholders cannot accept, consider or pay for any unsolicited creative ideas or materials submitted online through our Website or through email. If you send something anyway, you waive any claims with respect to your submission.
Security & Privacy: The Stakeholders are deeply committed to maintaining your privacy. We value our visitors greatly and we collect information in order to optimize our services and better serve your buying needs.
Confidentiality: We do not share with others any personal information that you provide to us through our Website.