Terms of services
Last Revised On: April 12, 2021
From everyone at PintoWebPlayer thank you for using our products! As with everything these days, there are some legal terms you must adhere to when using websites, products, apps of PintoWebPlayer.com
A. Acceptance of terms
- When we say “we”, “our”, "PintoWebPlayer", or “us” in this document, we are referring to the folks at PintoWebPlayer.com.
- When we say "services", "Services" we are referring to any product created and maintained by PintoWebPlayer.com (that includes our website, content hosted on our websites (unless otherwise specified), our online services, our PintoWebPlayer software and any other future applications developed by us). This includes our softwares available for download from partner download/mirror websites (containing link back to these Terms of services (the "General Terms")). When we say "Content" we mean any content (text, HTML, images, pdfs, videos, audios, binaries, files) hosted on PintoWebPlayer, or included in any of our Services.
- When we say "you", "customer", "user", "buyer", we are referring to a person using our services (or any agent, employee, servant or person authorized to act on Your behalf).
- You may not use the Services if you are prohibited by Law (as defined below in Section B(2)) from receiving or using the Services. Also, unless expressly stated in the Additional Terms for any given Service, you may not use the Services unless you are fully able and competent to enter into the conditions, obligations, representations and other terms of these General Terms and are either of legal age to form a binding contract with PintoWebPlayer, possess legal parental or guardian consent or are an emancipated minor.
- Some Services may also be subject to other agreement, posted guidelines, rules, or terms of service (“Additional Terms”). If there is any conflict between the General Terms and the Additional Terms, the Additional Terms take precedence in relation to that Service. The General Terms and any applicable Additional Terms and all other documents incorporated by reference in these General Terms are referred to herein as the “Terms”.
- We may change the Terms from time to time at our sole discretion, including by imposing a charge for access to or use of a Service. If such changes are made, we will make a new copy of the General Terms available at https://www.pintowebplayer.com/terms-of-services, with any new Additional Terms made available to you from within or through the affected Service. We may, optionally, require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. Otherwise, your continued use of any affected Service constitutes your acceptance of the changes.
Your use of the Services is subject to the most current version of the Terms posted on or through the affected Service at the time of such use. Please regularly check https://www.pintowebplayer.com/terms-of-services to view the then-current General Terms and Additional Terms.
B. Use of Services
- You are responsible for maintaining the security of your account (and license key you receive in premium version). If you think your license key has been compromised then you must regenerate new license key in the member area. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. Current version of our member login uses only email otp, so there are no passwords, but in future if we start requiring passwords for members area then it will automatically become your duty to keep any such password secure and confidential.
- You may not use the Services for any purpose outlined in Section F below. You agree to use the Services only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction (including any laws regarding the export of data or software to and from India or other applicable countries).
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You agree not to access or attempt to access the Services by any means other than the interface provided by PintoWebPlayer or circumvent any access or use restrictions put into place to prevent certain uses of the Services.
- The Services, and the Content, and their selection and arrangement are protected by copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual and proprietary rights (the “Intellectual Property Rights”). Except as expressly provided in the Terms, we do not grant any express or implied rights to use the Services and Content.
- The trademarks, logos, domain name (PintoWebPlayer) and service marks displayed on the Services (the “Marks”) are the property of PintoWebPlayer. You are not permitted to use the Marks without the prior consent of PintoWebPlayer.
D. Use of Software
- Any Software (including PintoWebPlayer app, and any future apps) that is made available by PintoWebPlayer and its Services is the property of PintoWebPlayer. Any such Softwares may provide it's own terms (the "Additional Terms"). Those Additional terms could be provided with Software download, or shown inside Software as links, or shown during installation. If there is any conflict between the General Terms and the Additional Terms then, the Additional Terms will take precedence.
- You should not download, install, use any such Software unless you agree to the Terms.
- Any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, redistribution or use on a service bureau basis.
- If no license agreement accompanies the Software, use of the Software will be governed by the terms of this Section D(4). We grant you a personal, worldwide, freely revocable, limited, non-transferable, non-sublicensable, royalty-free, non-assignable, nonexclusive license to use the Software for personal, non-commercial purposes in the manner permitted by the Terms.
- The Software may automatically download and install updates from us from time to time. These updates are designed to improve, fix bugs, provide new functionality, enhance performance. You agree to receive such updates (and permit us to deliver these to you) as part of your use of the Services.
E. Use of PintoWebPlayer app
- All the terms mention in the section "D. Use of Software" applies to this part as well.
- PintoWebPlayer app allows you watch/listen videos/audios/images (collectively, the "Internet-Media") directly from internet inside the player. You agree that you, not us, are entirely responsible for all the Internet-Media that you watch and listen using the player.
- You represent and warrant that: you own the Intellectual Property Rights, or have obtained all necessary license(s) and permission(s), to watch/listen/download Internet-Media that you use via PintoWebPlayer app.
F. You agree not to use, or to encourage or permit others to use, the Services to:
- Make Available any Material that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, profane, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Stalk, intimidate and/or harass another;
- Incite others to commit violence;
- Harm minors in any way;
- Make Available any Material that you do not have a right to Make Available under any Law or contractual or fiduciary relationship;
- Make Available any Material that infringes any Intellectual Property Right or other proprietary right of any party;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Use the Services such that it will mislead a User into believing that they are interacting directly with PintoWebPlayer or any Service;
- Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise);
- Use any PintoWebPlayer domain name as a pseudonymous return email address;
- Access or use the Services in any manner that could damage, disable, overburden or impair any PintoWebPlayer server or the networks connected to any PintoWebPlayer server;
- Intentionally or unintentionally interfere with or disrupt the Services or violate any applicable Laws related to the access to or use of the Services, violate any requirements, procedures, policies or regulations of networks connected to the Services, or engage in any activity prohibited by the Terms;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Services;
- Disrupt, interfere with, or inhibit any other User from using and enjoying the Services ;
- Access or attempt to access any Material that you are not authorized to access or through any means not intentionally made available through the Services;
- Market any goods or services for any business purposes (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by PintoWebPlayer;
- Reproduce, sell, trade, resell or exploit for any commercial purpose, any portion of the Services or any Content, use of any Service or Content, or access to any Service or Materials; or
- Use any data mining, robots, or similar data gathering and extraction methods in connection with the Services or Content.
G. Feedback and Feature Requests
- Through our Services, we allow users to provide us feedbacks (letting us know how our Services are doing, and whether they like it or not), and request new features (features that they would like us to develop and provide in the Services), (collectively the "UserFeedback")
- You have no obligation to provide us with UserFeedback, but if you do provide UserFeedback, you hereby grant us a nonexclusive, royalty-free, fully paid-up, perpetual, irrevocable, transferable, unlimited license under all of your Intellectual Property Rights to use and otherwise exploit your UserFeedback for any purpose throughout the universe. Further, by submitting UserFeedback, you represent and warrant that (i) your UserFeedback does not contain the confidential or proprietary information of you or of third parties; (ii) We are not under any obligation of confidentiality, express or implied, with respect to the UserFeedback; (iii) We may have something similar to the UserFeedback already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us for the UserFeedback under any circumstances.
H. Links to Third Party Sites
- The Services and Content may include links to other sites outside of the Services ("Linked Sites").
- The Linked Sites are provided by us to you as a convenience and the inclusion of the links does not imply any endorsement by us of any Linked Site.
- We have no control of the Linked Sites and you agree that we are not responsible for the availability or contents of any Linked Site (including any advertising, products or other materials on or available from such Linked Site), any link contained in a Linked Site, or any changes or updates to a Linked Site.
I. Modifications to Services and Content
We may at any time and from time to time modify or discontinue, temporarily or permanently, the Services or Content, or any portion of it, with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services or Content.
- The Terms will continue to apply until terminated by either you or us.
- If you want to terminate this agreement, you may do so by:
- uninstalling all our Softwares
- discontinuing the use of Services permanently
- canceling any premium software by emailing us at email@example.com (With the email id with which you purchased the premium software)
- We may at any time terminated the Terms with you if:
- You breached any provision of the Terms
- We are required to do so by law
- We have elected to discontinue the Services
- You agree that all terminations for cause shall be made in our's sole discretion. And we will not be liable to you or anyone else for any such termination.
- Upon termination of Terms you shall promptly discontinue the use of Services
K. Disclaimer of warranties
You expressly understand and agree that, to the maximum extent permitted by applicable law:
- The Site, Services and Content are provided by PintoWebPlayer “as is,” without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. without limiting the foregoing, PintoWebPlayer makes no warranty that (i) the Site, Services and Content will meet your requirements or will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Site, Services and Content will be effective, accurate or reliable; (iii) the quality of the Site, Services and Content will meet your expectations; or that (iv) any errors or defects in the Site, Services and Content will be corrected. no advice or information, whether oral or written, obtained by you from PintoWebPlayer or through or from use of the services shall create any warranty not expressly stated in the terms.
- PintoWebPlayer specifically disclaims any liability with regard to any actions resulting from your use of or participation in any Services and your use of Content. any Content downloaded or otherwise obtained through use of the Services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such Content. PintoWebPlayer assumes no liability for any computer virus or similar code that is downloaded to your computer from any of the Services.
- PintoWebPlayer does not control, endorse or accept responsibility for any Content or services offered by third parties accessible through linked sites. PintoWebPlayer makes no representations or warranties whatsoever about, and shall not be liable for, any such third parties, their content or services. any dealings that you may have with such third parties are at your own risk.
- Managers, hosts, participants, moderators and other third parties are not authorized PintoWebPlayer spokespersons, and their views do not necessarily reflect those of PintoWebPlayer. to the maximum extent permitted by applicable law, PintoWebPlayer will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. PintoWebPlayer also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
- PintoWebPlayer will not be liable for any loss that you may incur as a result of someone else using your password or account or account information in connection with the Site, Services and Content either with or without your knowledge.
- Some jurisdictions do not allow the exclusion of certain warranties, the limitation or exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
L. International Users
- Services can be used from countries around the world, and may contain references to items that are not available in your country. These references do not imply that we intend to announce such items in your country.
- Services are operated by PintoWebPlayer from its offices in India. We do not make any representations that Services is appropriate, available to use outside of India. Access to Services from jurisdictions where Services and Content are illegal is prohibited.
- If you are visiting this Site and/or using Our Services from a country other than the country in which Our servers are located, Your communications with Us may result in the transfer of information (including Your Account information) across international boundaries. By visiting this Site, using Our Services and communicating electronically with Us, You consent to such transfers.
M. Limitations of Liability
- In no event shall PintoWebPlayer, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if PintoWebPlayer has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the site, services or materials. Nothing in the terms shall limit or exclude PintoWebPlayer's liability for gross negligence or intentional misconduct of PintoWebPlayer or its employees, or for death or personal injury.
- PintoWebPlayer's aggregate liability and that of its affiliates and suppliers under or in connection with this agreement shall be limited to one hundred Indian rupee (INR 100) or the aggregate amount paid by you for access to the service, whichever is larger. This limitation will apply even if PintoWebPlayer has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.
- The limitations and exclusions in this section (M) apply to the maximum extent permitted by applicable law in your jurisdiction. Some jurisdictions prohibit the exclusion or limitation of liability for incidental, consequential or punitive damages. Accordingly, the limitations and exclusions set forth above may not apply to you.
N. Indemnity and Liability
You agree to indemnify and hold PintoWebPlayer and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your use of the Services or Content, your connection to the Services or Content, the actions of any member of your group, your access to or use of Linked Sites and your connections therewith, any claim that Your Content caused damage to a third party, any dealings between you and any third parties advertising or promoting via the Services or Content, your violation of the Terms, or your violation of any rights of another, including any Intellectual Property Rights.
O. Resolution of disputes
- All matters relating to your access to, or use of, the Services or Content shall be governed by the Laws of the Madhya Pradesh, India without regard to conflict of laws principles thereof. You agree that any claim or dispute you may have against PintoWebPlayer must be resolved by a court located in Madhya Pradesh, India except as otherwise agreed by the parties, or as set forth in section (O.2) below. You agree to submit to the personal jurisdiction of the courts located in Madhya Pradesh, India for the purpose of litigating such claims or disputes. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.
- The party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, it shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties.
- All claims you bring against PintoWebPlayer must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim contrary to this section, PintoWebPlayer may recover attorneys' fees and costs up to INR 80000, provided that PintoWebPlayer has notified you in writing of the improperly filed claim and you have failed to properly withdraw the claim.
- Notwithstanding the foregoing, in the event of your or others' unauthorized access to or use of the Services or Content in violation of the Terms you agree that PintoWebPlayer shall be entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
- Any notice provided to PintoWebPlayer pursuant to the Terms should be sent to firstname.lastname@example.org
- The Terms constitute the entire agreement between PintoWebPlayer and you with respect to your access to or use of the Services and Content and supersede any prior agreements between you and PintoWebPlayer on such subject matter.
- You may not assign or otherwise transfer the Terms, or any right granted hereunder, without PintoWebPlayer's written consent. PintoWebPlayer's rights under the Terms are freely transferable by PintoWebPlayer.
- If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
- Any failure by PintoWebPlayer to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.
- Please report any violations of the Terms to email@example.com.
Q. Other Policies