TERMS OF USE

PhunFlix Terms of Use

This Terms of Use was last modified on 30.07.2020

Welcome to PhunFlix

Please read all the following Terms of Use / Terms and Conditions carefully as it sets out the terms of a legally binding agreement between you and Perseverance IT Solutions Private Limited (“PhunFlix” or “Company” “We”, “Our”,or “Us”) PhunFlix has its own separate identity but we may sometimes use “PhunFlix”, “Company”, “we” or “us” when we refer to PhunFlix in general.

1. Introduction

These Terms of Use / Terms and Conditions (“Terms”) govern your access to and your use of our services, including our websites, SMS, Application programming interface (API), email notifications, applications, buttons, widgets, ads, mobile applications, features, technologies and software and our other related and covered services as well. Brands under PhunFlix include but not limited to Phunflix, and any other brand launched. The content offered through https:// https://phunflix.com/ and/or the PhunFlix Applications is available on Android as well as IOS and PhunFlix’ Social Media presence (including but not limited to Twitter, Facebook, Instagram, etc) (“PhunFlix Site/App/Platform”) or any mobile or internet connected device or otherwise and any services offered by the Company (collectively, the “Service”).

“User” or “You” means any person who accesses or avails this Service of the Company for the purpose of hosting, publishing, sharing, transacting, displaying, interacting, considering or uploading information or views and includes other persons jointly participating in using the Site/App/Platform or Service of the Company.

Phunflix and You shall be individually referred as ‘Party’ and collectively as ‘Parties’

Collectively, we refer to the Terms and Conditions, and/or Terms of Use along with any details you have provided by way of any Content, information, application form and related applicable process as the “Agreement”. The Agreement is a binding contract between You and Company regarding your use of PhunFlix Site/App/Platform.

Agreement Acceptance: You accept this Agreement by clicking "Agree" where you are given the option to do so. If you do not accept the terms of this Agreement, you may not use the PhunFlix Site/App/Platform. By accepting this Agreement, you confirm that you are at least 18 years old and that you are able to form a legally binding contract. If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to bind that company or legal entity by the terms of this Agreement. By accessing the PhunFlix Site/App/Platform or using the Service, you agree to be bound by these Terms. Therefore, these Terms are to be read carefully before continuing to use the Service. If you do not agree with any of these Terms, please do not use the Site/App/Platform or Service.

You also acknowledge and agree that we can modify this Agreement at anytime, in our sole discretion; that all modifications to this Agreement will be effective immediately upon our posting of the modifications on this PhunFlix Site/App/Platform; and that you will review this Agreement each time you access this PhunFlix Site/App/Platform, so that you are aware of and agree to any and all modifications made to this Agreement. Your use of the PhunFlix Site/App/Platform after any amendment to the Terms of Use shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

2. Disclaimer

This PhunFlix Site/App/Platform is provided on an “as is” and “where-is” basis, without any warranty. PhunFlix, for itself and any third party providing materials, services, or content to this Site/App/Platform, makes no representations or warranties, either express, implied, statutory or otherwise of merchantability, fitness for a particular purpose, or non-infringement of third party rights, with respect to the PhunFlix Site/App/Platform, the information or any products or services to which the information refers. PhunFlix or its affiliates including the directors, officers, employees or agents will not be liable to you or any third party for any damages of any kind, including but not limited to, direct, indirect, incidental, consequential or punitive damages, arising from or connected with the PhunFlix Site/App/Platform, including but not limited to, your use of this Site/App/Platform or your inability to use the Site/App/Platform, even if PhunFlix has previously been advised of the possibility of such damages.

You expressly agrees that you shall not, during the course of this Agreement, nor at any time thereafter, unless authorized in writing by the Company, make or publish any statement or make any writings or remark or comment or other expressions, either orally or in writing or in any manner or in any medium whatsoever, which is intended to or would, or could be construed to, or which reasonably may be expected to injure, discredit, prejudice, criticize, embarrass, disparage, besmirch, demean, deprecate, impugn, defame or otherwise (a) the Company; or (b) the shareholders, officers or directors of the Company; or (c) Company's affiliates, employees, agents, operations, or plans; likewise and/or Company's business, reputation, method of doing business, relationships with its customers or suppliers or any other related party or their respective products or services or relations with creditors, regardless of whether such action by You would constitute a cause of action for the above. Nor shall the You assist any other person, firm or company in so doing. You further agrees that you will not commit damage to the property of the Company and its affiliates, or otherwise engage in any misconduct, which is injurious to the business or reputation of the Company and its affiliates.

3. License

Subject to your compliance with this Agreement’s terms, the Company grants you a non-exclusive, non-transferable license to use the PhunFlix Site/App/Platform, including features that includes but not limited to allows you to discover, watch and share videos and other content, provides a forum for people to connect, inform, and inspire others across the globe, and acts as a distribution platform for original content creators and advertisers large and small. By providing Content (defined below) to the PhunFlix Site/App/Platform, you grant to PhunFlix a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it). PhunFlix Site/App/Platform may only use that Content in connection with the Service and PhunFlix Site/App/Platform’s (and its successors’ and Affiliates) business, including for the purpose of promoting and redistributing part or all of the Service.

License to Phunflix Users and Customers

You also grant each other User of the Service and PhunFlix Site/App/Platform a worldwide, non-exclusive, royalty-free license to access your Content through the Service and PhunFlix Site/App/Platform, and to use that Content, including to reproduce, distribute, prepare derivative works, display and perform it, only as enabled by a feature of the Service and PhunFlix Site/App/Platform (such as video playback or embeds). This license does not grant any rights or permissions for a user to make use of your Content independent of the Service.

Duration of License

The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that PhunFlix Site/App/Platform may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.

4. Registration Access And Use

All information received by us from your registration on our PhunFlix Site/App/Platform will be used by PhunFlix in accordance with our Terms of Use. We expect you to provide accurate and complete information of the compulsory fields. We also expect you to keep the information secure, specifically access passwords and payment information. Kindly update the information periodically to keep your account relevant. We will rely on any information which you provide to us. Therefore, You are responsible for the use of Service made by You or anyone else using your ID and for preventing unauthorized use of your ID. It is your responsibility that the user of the PhunFlix Site/App/Platform at all times uses the username and password appropriately. If you believe there has been any breach of security such as the disclosure, theft or unauthorized use of your ID or any payment information, you must notify PhunFlix immediately by contact details below.

You may use the Services only if you agree to form a binding contract with PhunFlix and are not a person barred from receiving services under the laws of the applicable jurisdiction. If You are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, You represent and warrant that You are authorized to do so.

5. Fairness and good faith

PhunFlix undertakes to act in good faith with respect to each other’s rights under these Terms and to adopt all reasonable measures to ensure the realization of the objectives of the same. You hereby represent and warrant that You are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that You agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the Service of the Company, they shall do so only with the full responsibility and involvement & guidance of their parents and / or legal guardians, under such Parent/Legal guardian’s registered account.

If you are using the Service on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

6, Account Setup and Maintenance

You must ensure that all information you provide in connection with establishing your PhunFlix Site/App/Platform account is accurate when you provide it, and you must keep it up to date as long as you use the PhunFlix Site/App/Platform. You may maintain only one account at a time unless you are using multiple accounts solely for the purpose of delivery of the content for which you hold legal rights. You will not use false identities or impersonate any other person or use a username or password you are not authorized to use. You authorize us, directly or through third parties, to make any inquiries as appropriate to verify the account information you provide. You also consent to us sending you emails relating to the PhunFlix Site/App/Platform and other publishing opportunities from time to time. You are solely responsible for safeguarding and maintaining the confidentiality of your account username and password and are responsible for all activities that occur under your account, whether or not you have authorized the activities. You may not permit any third party to use the PhunFlix Site/App/Platform through your account and will not use the account of any third party. You agree to immediately notify Phunflix of any unauthorized use of your username, password or account.

7. Term

This Agreement commences upon your acceptance of it and continues in perpetuity until terminated as set forth in this Agreement (the "Term"). All rights granted to Phunflix Site/App/Platform herein shall not be deemed to have lapsed at any time in accordance with the applicable law of the India, including for the avoidance of doubt, as applicable laws including but not limited to the Indian Copyright Act, 1957.

We may terminate this Agreement by providing notice to you at any time. You may terminate this Agreement at any time by providing notice of termination to us, in which event we will cease offering your Content within thirty (30) days from the date that we receive notice of termination; {provided that if you distribute free Content , (a) the Term of the Agreement with respect to free access will commence upon your acceptance of this Agreement and continue for eighteen (18) months from the date that your Subscription launches on the Service (the "Initial Subscription Term") and (b) the Initial Subscription Term will automatically extend for successive periods of twelve (12) months each unless and until terminated by either party by provision of notice of termination to the other party given not later than ninety (90) days prior to the conclusion of the then-current term.}

8. Content In the PhunFlix Site/APP/Solution(S).

The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials (collectively, "Content”). Content is the responsibility of the person or entity that provides it to the PhunFlix Site/App/Platform.

You are responsible for the Content and /or your use of the Service and for any information, time entry, location, text, links, graphics, photos, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services that you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.

Any use or reliance on any Content or materials posted via the Services or obtained by You through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorses any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.

9. Prohibited Conduct

As a condition precedent of the use of the PhunFlix Site/App/Platform, the User warrants that they will not use the PhunFlix Site/App/Platform for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement including both specific and implied. This includes:

• Redistribute or sell any part of PhunFlix Site/App/Platform(s) or create a new product or service based on PhunFlix Site/App/Platform;

• Copy the content;

• Mass download or create bulk feeds of the Content (or let anyone else do so);

• Use PhunFlix Site/App/Platform(s) to create or augment any other mapping- related dataset (including a mapping or navigation dataset, business listings database, mailing list, social media, or telemarketing list) for use in a service that is a substitute for, or a substantially similar service to, PhunFlix Site/App/Platform(s);

• Reverse engineer or attempt to extract the source code from PhunFlix Site/App/Platform(s) or any related software, except to the extent that this restriction is expressly prohibited by applicable law;

• Remove, obscure, or alter any terms of service or any links to or notices of those terms, or any copyright, trademark, or other proprietary rights notices; or

• Do anything inappropriate, illegal, or in violation of others’ rights (including their privacy, publicity, and intellectual property rights)

In addition, the PhunFlix Site/App/Platform shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party’s use and/or enjoyment of the PhunFlix Site/App/Platform. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the PhunFlix Site/App/Platform.

10. How we use your information

Please also refer to our Terms of Use. Amongst many things PhunFlix Site/App/Platform may contain services such as location detection and tracking, speed detection and tracking, visitor identification, email, chat, information related to recommendations, communities, personal web pages, calendars, and/or other messages and such Services. The User agrees and undertakes to use the PhunFlix Site/App/Platform Services only to post, send and receive messages and material that are proper and related to the particular PhunFlix Site/App/Platform Service. By way of example, and not as a limitation, the User agrees and undertakes that when using a PhunFlix Site/App/Platform Service, the User will not:

• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
• upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or have received all necessary consents;
• upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the PhunFlix Site/App/Platform or another’s computer;
• advertise or offer to sell or buy any goods or services for any business purpose, unless such PhunFlix Site/App/Platform Service specifically allows such messages;

• conduct or forward surveys, contests, pyramid schemes or chain letters;

• download any file posted by another user of a PhunFlix Site/App/Platform Service that the User know, or reasonably should know, cannot be legally distributed in such manner;
• falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
• violate any code of conduct or other guidelines, which may be applicable for or to any particular PhunFlix Site/App/Platform Service;

• violate any applicable laws or regulations for the time being in force in or outside India; and
• violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the PhunFlix Site/App/Platform contained elsewhere.

PhunFlix has no obligation to monitor the PhunFlix Site/App/Platform and Services. However, PhunFlix reserves the right to review materials posted through PhunFlix Site/App/Platform Service and to remove any materials in its sole discretion. PhunFlix reserves the right to terminate the User’s access to any or all of the PhunFlix Site/App/Platform Services at any time without notice for any reason whatsoever.
 

PhunFlix reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at PhunFlix sole discretion.
PhunFlix does not control or endorse the content, messages or information found in any PhunFlix Site/App/Platform and / or Service and, therefore, PhunFlix specifically disclaims any liability or responsibility whatsoever with regard to the PhunFlix Site/App/Platform Services and any actions resulting from the User’s participation in any PhunFlix Site/App/Platform Service.

Materials uploaded to the PhunFlix Site/App/Platform may be subject to posted limitations on usage, reproduction and/or dissemination. The User is responsible for keeping himself/herself updated of and adhering to such limitations if they download the materials.

11. Using the Services

You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations.
 

Our Services evolve constantly. As such, the Services can change from time to time, at our discretion.

We can stop (permanently or temporarily) providing the Services or any features within the Services to ‘You’ or to Users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, suspend or terminate users, and reclaim usernames without liability to you.
In consideration for PhunFlix granting you access to and use of the Services, you agree that PhunFlix and its third-party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, PhunFlix’ computer systems, or the technical delivery systems of PhunFlix’ providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by PhunFlix (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement. (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to satisfy any applicable law, regulation, legal process or governmental request to:

1. Enforce the Terms, including investigation of potential violations hereof,

2. Detect, prevent, or otherwise address fraud, security or technical issues,

3. Respond to user support requests, or

4. Protect the rights, property or safety of PhunFlix and its users and the public.

5. The hardware’s installed by PhunFlix , PhunFlix is not responsible if the hardware’s falls or breaks on any one (causes any form of damage) ,user have to ensure that they take care and ensure safety ,where the hardware’s has been installed , including any electrical wire /connections or arrangements made to run the hardware’s.

Your use of the PhunFlix Site/App/Platform or Service will expire on a pre-determined that is available upon request. The Company reserves the right to terminate your use of the PhunFlix Site/App/Platform or Service at any given point in time if we determine that you have violated any provision of this Agreement.

12. Use of Services

Although it has taken what it believes to be commercially reasonable efforts to design PhunFlix Site/App/Platform features, to the extent permitted by law, PhunFlix makes no warranties, express or implied, about the operation, performance, availability or results of the PhunFlix Site/App/Platform Service, including (without limitation) that the features will successfully provide any Service. Company is not liable for the actions or inactions of any User or any other third party.

Users might be provided with an identification number, username and related details which they will be required to use on each visit to PhunFlix Site/App/Platform. The card remains the property of the Company. In the event that you lose such details, a replacement will be made available by paying a replacement fee charge. The identification number, username and related details may only be used by the person to whom, it has been issued. On your first visit and/or issuance of the identification number, username and related details, you will be required to have personal details and complete the relevant registration process so we can identify that only the holder of the identification number, username and related details is accessing the facilities amongst other things. This is to safeguard all our members in relation to health and safely, and ensure only those members paying for a membership subscription are being allowed access. We will store the details in accordance with our Terms of Use. Your personal details will not be used in any other way other than for identification purposes. We expect You to behave in a considerate manner and will not accept any aggressive behavior towards other users or our colleagues. Your identification number, username and related details is non-transferable, and may only be used by whose name is associated with the identification number, username and related details.

13. Geographic Coverage

The Service is designed for Users residing in India and may not be extended to other parts of the world especially the remote areas where there is no mobile network, location and internet services available.

14. Representation and Warranties

You hereby represent and warrant that (i) you have the sole, full and unencumbered right to grant to PhunFlix Site/App/Platform and its affiliates, and have obtained all necessary clearances and releases to grant to PhunFlix Site/App/Platform and its affiliates, all of the rights set forth herein (excluding public performance rights for the communication to the public of the musical compositions contained within the Titles, such rights to be cleared by PhunFlix Site/App/Platform ), (ii) any information and documentation you provide to us will be current, complete, and accurate (iii) the Content, delivery materials and promotional materials will not contain any subject matter or materials that are defamatory, libelous, obscene, or otherwise illegal under the applicable laws of the India and (iv) none of the following will violate any law; require us to obtain any license, authorization, or other permission from any governmental agency or other third party; contain any defamatory material; or violate or infringe any intellectual property, proprietary, or other rights of any person or entity (including contractual rights, copyrights, trademarks, patents, trade dress, trade secret, common law rights, rights of publicity, or privacy, or moral rights): (a) the exercise of any rights granted under this Agreement; (b) any materials embodied in your Content; (c) the sale, distribution, or promotion of the Content as authorized in this Agreement; or (d) any notices, instructions or advertising by you for or in connection with any Content. You further represent and warrant that you are not subject to sanctions or designated on any list of prohibited or restricted parties (and is not owned or controlled by such a party).

15. User’s Rights

By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non- exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any distribution methods (now known or later developed). This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for PhunFlix to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by PhunFlix, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

You understand that we can modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to different media. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

16. General Description of the Service; Distribution Modes:

Content Provider, in its sole option, may allow others to access Content in the following ways:

(a) purchase a license to access digital copies of audio visual content for electronic delivery and repeated viewing over an indefinite period of time ("Digital Purchase");

(b) purchase a license to access digital copies of audio visual content for electronic delivery and repeated viewing over a finite period of time established by PhunFlix Site/App/Platform in its sole discretion ("Digital Rental");

(c) access audio visual content via one or more subscription offerings, where a fee is required to be paid for such access (other than in the case of a free trial), for repeated private viewing by subscribers during the Term ("Non-transactional Access"), which may be through (i) a subscription offering branded with a brand of PhunFlix Site/App/Platform or a PhunFlix Site/App/Platform Affiliate including the subscription offering, Phunflix or any successor thereto ("Subscription Access") or (ii) a subscription offering of your content as compiled by you or us which may or may not include content from other content providers ("Non Subscription Access"); and

 (d) access audio visual content on an ad-supported basis (i.e., at no charge to the customer) for delivery and repeated private viewing during the Term ("Ad-supported Access").

Digital Purchase, Digital Rental, Non-Transactional Access and Ad-supported Access are referred to herein as the "Distribution Modes".

The Service may be offered on a stand-alone basis and/or bundled with other products, services, or offerings, including PhunFlix Site/App/Platform Prime. As between the parties, PhunFlix Site/App/Platform will have sole control over the Service, all features, terms, and other aspects thereof (including, without limitation, the rights and entitlements granted to authorized users with respect to Digital Purchase, Digital Rental, Non-transactional Access and Ad-supported Access, the terms under which the Service is offered and the sale of advertisements in connection with the Service); provided, however, that PhunFlix Site/App/Platform's distribution of Content on the Service shall be in accordance with the terms of this Agreement.

Without limiting the foregoing, you acknowledge that PhunFlix Site/App/Platform may (i) make the Service available through any websites, applications, device interfaces, third-party platforms and any other online platforms or points of presence now known or hereafter devised, (ii) grant authorized users who receive Digital Purchase, Digital Rental, Non-transactional Access and Ad-supported Access to audio-visual content the right to access such content via streaming, download, and any other means of digital distribution now known or hereafter devised, for online or offline viewing on any device supported by the Service, and (iii) deliver audio-visual content on the Service via any means now known or hereafter devised (including, without limitation, cable, wire, fiber, satellite, wireless and/or cellular). 

17. Payment to Content Providers

PhunFlix Site/App/Platform will pay Content providers the applicable fees set forth below ("License Fees") for each customer purchase of Content for Digital Purchase or Digital Rental, and for offering customers Non-Transactional Access or Ad-supported Access. Such License Fees are the only compensation payable to you under this Agreement and constitute full and complete compensation to you for all rights granted under this Agreement.

PhunFlix Site/App/Platform will calculate, report and pay the License Fees in arrears within ninety (90) days after the completion of the applicable calendar month. You will receive payment from PhunFlix Site/App/Platform via electronic funds transfer unless electronic funds transfer is not available for the address provided for your account, in which case you will receive payment by wire transfer. Notwithstanding anything to the contrary herein, if you receive payment via wire transfer, PhunFlix Site/App/Platform may withhold payment until you have reached the minimum threshold in accrued License Fees for the applicable local marketplace as set forth on the Program Site. You will also be responsible for any fees imposed by your bank or any intermediary bank. For the purposes of calculating License Fee payments, (i) the "Purchase Price" for a customer's right to access Content via Digital Purchase, Digital Rental or Non Subscription Access will equal the amount actually paid by the authorized user for that access, exclusive of any taxes, and (ii) PhunFlix Site/App/Platform will be entitled to an adjustment for customer refunds and credits and for amounts not collected due to bad debt. If we pay you License Fees on a sale and later issue a refund, return, or credit for that sale, we may offset the amount of the License Fees that we previously paid to you for the sale against future License Fees, or require you to remit that amount to us.  If a third party asserts that you did not have all rights required to make one of your Content available through the PhunFlix Site/App/Platform and Service or if we determine that you may be in breach of this Agreement, we may withhold all License Fees due to you with respect to such Content pending resolution of the issue. If we determine that you did not have all of the required rights or that you have otherwise breached this Agreement with regard to a Content, we will not owe you License Fees for that Content and we may offset any of the License Fees that were previously paid against future License Fees, or require you to remit a refund to us.  We may also withhold and offset any sums you owe to us against amounts that are payable to you. When this Agreement terminates, we may withhold all License Fees due for a period of three months from the date they would otherwise be payable, in order to ensure our ability to offset any customer refunds or other offsets to which we are entitled.  If we terminate your account because of your breach of this Agreement, you will forfeit any License Fees accrued but unpaid from the date of the notice of termination.  If after we have terminated your account, you open a new account without our express permission, we will not owe you any License Fees through the new account. Our exercise of these rights does not limit other rights we may have to withhold or offset License Fees or exercise other remedies under applicable law.

For clarity, PhunFlix Site/App/Platform will not be obligated to pay License Fees for Non-transactional Access in connection with the viewing of any Content by a customer if that customer was granted access to that Content via Digital Rental, Digital Purchase or Ad-supported Access, and similarly, PhunFlix Site/App/Platform will not be obligated to pay License Fees for Ad-supported Access in connection with the viewing of any Content by a customer if that customer was granted access to that Content via Digital Rental, Digital Purchase or Non-transactional Access.

PhunFlix Site/App/Platform may sell your Content using multiple currencies. You may elect on the Program Site to receive any License Fees owed to you (i) where applicable, in the local currency for the territory in which the distribution occurs (the "Sale Currency") or (ii) the currency of a single territory in which the Content were distributed. If we pay you in a currency other than the Sale Currency, we will convert the License Fees owed from the Sale Currency to the payment currency at a market exchange rate that we or our bank determine, which will be inclusive of all fees and charges for the conversion.

18. Digital Purchase, Digital Rental or Access License Fees

PhunFlix will use the following structure for paying you for every content in your account

Ad-supported Access License Fee

PhunFlix Site/App/Platform will pay you 60% of Net Advertising Receipts.

"Net Advertising Receipts" means aggregate cash amounts collected by PhunFlix Site/App/Platform from the sale of advertisements against any Title for Ad-Supported Access during the quarter for which License Fees are being calculated, less 15% of that aggregate cash amount (which is deemed to reflect the cost of selling advertisements) and less any payments made to any third-party advertising platforms or networks in connection with the distribution or sale of advertisements on those platforms or networks.

20. Content Facilitators Fees:

Content facilitator is the organization and/or individual that helps in bringing Content partners and users on to PhunFlix Site/App/Platform. Content users get an account through the Content Facilitator on Phunflix where they can upload Content and manage Content to Phunflix.

Phunflix will share 1.5% of the net revenue with the Content facilitator from its applicable net revenue for every Content user that is on boarded directly with Content Facilitator’s efforts. To become a Content Facilitator a pre-approved process must be done with Phunflix and a confirmation from Phunflix at its sole discretion. The status and terms for and of the Content Facilitator is at the sole discretion of Phunflix.

With the written approval of Phunflix, the Content facilitator can negotiate a percentage or an amount from a Content user's revenue. The negotiated contract duly signed by both Content Facilitator and Content user shall be provided to Phunflix. Phunflix will honor any such agreement between Content Facilitator and the Content users and the negotiated amount from the Content Users account under their agreement will be directly transferred to the Content facilitator’s account by Phunflix.

Content Authenticity: Content Facilitator like all users and Content Provider shall make sure that any Content providers brought on the platform with their direct help do not upload any unauthorized content or plagiarized content on Phunflix as per the Terms of Use.

20. Changes to Fees

Phunflix reserves the right to change amounts payable to you and the License Fees for the PhunFlix Site/App/Platform from time to time. Any fee increase will be applied only to Content which are received by the PhunFlix Site/App/Platform after the effective date of such increase. Any fee decrease will be applied to (a) Content received by the PhunFlix Site/App/Platform prior to the effective date of such decrease and which have use date that is after such effective date and (b) Content received by the PhunFlix Site/App/Platform after such effective date.

21, Taxes:

PhunFlix Site/App/Platform will be solely responsible for collecting and paying to the appropriate taxing authorities any national, state or local sales or use taxes, value added taxes, and goods and sales taxes or similar taxes (collectively "Transaction Taxes") applicable to purchases by customers and users of PhunFlix Site/App/Platform. PhunFlix Site/App/Platform will not be required to pay any taxes imposed on or measured by your net income, net profits, income, profits, revenues, gross receipts, franchise, doing business, capital, intangible, value added (other than value added tax in the nature of sales or use or similar taxes), net worth, all real property and ad valorem taxes imposed by any governmental authority on the fees payable to you under this Agreement, or similar taxes or taxes in lieu thereof, whether collected by withholding or otherwise. All payments payable by PhunFlix Site/App/Platform to you under this Agreement are inclusive of all Transaction Taxes that apply to the license of the Titles by you to PhunFlix Site/App/Platform , unless PhunFlix Site/App/Platform advises you otherwise. If and to the extent any payments hereunder are subject to and include any applicable Transaction Taxes, you will supply PhunFlix Site/App/Platform with an original, valid tax invoice, to the extent available under the applicable law, separately stating these Transaction Taxes, to enable PhunFlix Site/App/Platform to claim credit for these taxes as applicable. PhunFlix Site/App/Platform may provide you with an exemption certificate or equivalent information acceptable to the relevant taxing authority, in which case, you will not charge or collect the Taxes covered by such certificate. If taxes are required to be deducted or withheld on any payments to be made to you under applicable law, then PhunFlix Site/App/Platform will (i) deduct such taxes from the amount owed to you and pay them to the appropriate taxing authority as required by applicable law and (ii) secure and deliver to you a receipt or other legally required documentation for any taxes withheld as required under applicable laws. Payment to you as reduced by such deductions or withholdings will constitute full payment and settlement to you of amounts payable under this Agreement. Except as specified in this Section, each Party will be responsible for its own taxes as levied by the applicable taxing authorities; provided, any charges toward the stamp duty payable under the applicable laws shall be borne by you. Throughout the term of this Agreement, you will provide PhunFlix Site/App/Platform with any forms, documents or other certifications as may be required by PhunFlix Site/App/Platform to satisfy any information reporting or withholding tax obligations with respect to any payments under this Agreement.

22. Closed Captions and Subtitles:

You will deliver closed captions for all Content in accordance with PhunFlix Site/App/Platform 's technical specifications as provided on the Program Site, but in any event, in accordance with applicable law for the Territory. You may not be able to publish a Content via one or more distribution modes in certain territories until PhunFlix Site/App/Platform has received closed captions from you.

You will deliver English language versions of the Content, unless the original version of a Content is not in English, in which case you will deliver (i) either audio descriptions, subtitles or dubbed language tracks and (ii) the title and synopsis information for the Content, in each case, in at least one core language identified by PhunFlix Site/App/Platform for the Territory.

Further to the rights granted hereunder, PhunFlix Site/App/Platform may create, insert and distribute closed captions, audio descriptions, dubbed language tracks and subtitles for Content in any language for which Content Provider is able to grant the necessary rights in the Territory and may use or distribute any such closed caption, dubbed language track, subtitle file or audio description it creates in any such Territory. In connection with such creation, PhunFlix Site/App/Platform will use reasonable commercial efforts to ensure that such closed caption and subtitled versions reflect the original version of the Licensed Content.

23. Content Withdrawal

You may withdraw your Contents from availability on the Service at any time on thirty (30) business days advance notice by following the then current Program procedures for Content withdrawal or un-publishing; provided that you may not remove a Content within a Subscription unless you either (i) lose any rights or other licenses, consents or permissions relating to any specific Content that are necessary for you to grant the rights granted hereunder or (ii) receive written notice of a third-party claim relating to a Content, which reasonably could result in legal liability for you; provided that PhunFlix Site/App/Platform will only be obligated to withdraw the Content from a Subscription if you also concurrently obligate other subscription based services to withdraw the Content.

We may fulfill any customer orders completed through the date the Contents are available on the Service. All withdrawals of Contents and Subscriptions will apply prospectively only and not with respect to any customers who purchased the Contents or Subscriptions prior to the date of removal, meaning that we will allow any customer who has previously purchased a Content for Digital Purchase or Digital Rental or a Subscription for Non Subscription Access to view the Content or Subscription, as applicable, after it has been withdrawn from the Service to the extent that such customer purchased those rights prior to the withdrawal.

24. Payment

• You may pay applicable fees on the PhunFlix Site/App/Platform and for Services by using a Debit/Credit Card, Online Payment Method or through your Internet Banking.

• You submit and agree that the Payment details provided by you to the Payment Gateway for payment transaction processing will be correct and you shall not use Payment Details, which is not lawfully owned by You.

• You agree that when you initiate a payment transaction and/or issue an online payment Instruction and provide your Payment details.

• You warrant that you are fully and lawfully entitled to use the said Debit/Credit Card or Bank Account for such payment.

• You are responsible to ensure that all the Debit/Credit Card or Bank Account details provided by you are correct.

• You are authorizing the debit to the nominated Debit/Credit Card or Bank account for the settlement of bills selected by you along with the applicable fees.

• You are responsible to ensure that sufficient credit is available on your presented Debit/Credit Card or Bank Account at the time of making the payment to permit the payment of the bill/s selected by you inclusive of the applicable fees.

25. Refunds and Charge backs

If the PhunFlix receives a request from a User for refund or cancellation of payment in relation to any transaction, the PhunFlix will process the request and determine whether such refund or cancellation must be processed. If the said request must be processed, the PhunFlix will notify User of the same and PhunFlix will transfer back the amount refunded or cancelled.

Whenever a refund is agreed to be made by the PhunFlix to a User, the PhunFlix will issue a credit slip to User within 15 days after the refund has been agreed to be made by the PhunFlix to the User.

26. Other Fees

PhunFlix reserves the right to charge fees for certain listings and Services, as well as transaction fees based on certain completed transactions using the PhunFlix Service. PhunFlix further reserves the right to alter any and all fees from time to time and without notice.

The User shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the PhunFlix Service.

27. Other Charges

All other Charges related to user of Services provided by PhunFlix will be borne by the User.

28. Secure Transactions

PhunFlix has implemented and will maintain security systems for the transmission of Users’ Transactions. PhunFlix does not guarantee the security of the Services or Transaction data, and PhunFlix will not be responsible in the event of any infiltration of its security systems, provided that PhunFlix has used commercially reasonable efforts to prevent any such infiltration. User further acknowledges and agrees that User, and not PhunFlix, is responsible for the security of Transaction data or information or any other information stored on Users servers, and that PhunFlix is not responsible for any other party’s servers (other than subcontractors of PhunFlix solely to the extent PhunFlix is liable for its own actions hereunder).

29. User’s Obligations and User Account

In consideration of use of the PhunFlix Site/App/Platform, the User represents and confirms that the User is of legal age to enter into a binding contract and is not a person barred from using the PhunFlix Site/App/Platform and/or receiving the Services under the laws of India or other applicable law.

To avail a Service the User has and must continue to maintain at his/her sole cost:

1. All the necessary equipment including a phone, computer, internet data package, adequate battery, and modem etc. to access the PhunFlix Site/App/Platform and available services.

2. Own access to the World Wide Web. The User shall be responsible for accessing the PhunFlix Site/App/Platform and Services as well as that access may involve third party fees including, airtime charges or internet Service Provider’s charges which are to be exclusively borne by the User.

3. The User also understands that the services may include certain Site/Apps from PhunFlix as service announcements and administrative messages. The User understands and agrees that the Services are provided on an “as is” basis and that PhunFlix does not assume any responsibility for deletions, mis-delivery or failure to store any user PhunFlix Site/App/Platform or personalized

4. Upon completion of the registration process, the User shall receive a User Id and Password. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the User Id and Password, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party’s User Id and Password for any purpose whatsoever without proper authorization from such party. You are responsible for the security of your password and for all transactions undertaken using your password through our service. The Password entered by you is transmitted in one-way encrypted form to our database and stored as such. Thus the Password will not be known even to PhunFlix. You confirm that you are the authorized holder of the credit card or the original account holder used in the transactions you make using the PhunFlix Services. PhunFlix will not be responsible for any financial loss or inconvenience resulting from misuse of your User Id/Password/credit card number as well as Financial Details for using PhunFlix Services.

5. You shall use the PhunFlix Site/App/Platform appropriately and you must refer to the rules and regulations governing use of PhunFlix Site/App/Platform to ensure proper usage by you and the user. You shall also cooperate fully with the Company in relation to delivery of the PhunFlix Site/App/Platform or Services at all times.

6. The User also agrees and undertakes to immediately notify PhunFlix of any unauthorized use of the User’s Id or Password and to ensure that the User logs off at the end of each session on the PhunFlix Site/App/Platform. PhunFlix shall not be responsible for any, direct or indirect, loss or damage arising out of the User’s failure to comply with this

The User also agrees to: (a) provide true, accurate and complete information about him/her and any beneficiaries as prompted by the registration form (“Registration Data”) on the PhunFlix Site/App/Platform; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate,
current or incomplete or PhunFlix has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PhunFlix has the right to suspend or terminate the User’s registration and refuse any and all current or future use of the PhunFlix Site/App/Platform and/or any Service. Furthermore, the User grants PhunFlix the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.

30. Breach

Without prejudice to the other remedies available to PhunFlix under this agreement, or under applicable law, PhunFlix may limit the User’s activity, or end the User’s listing, warn other users of the User’s actions, immediately temporarily/indefinitely suspend or terminate the User’s registration, and/or refuse to provide the User with access to the PhunFlix Site/App/Platform if:

• The User is in breach of this Agreement or the documents it incorporates by reference;
• PhunFlix is unable to verify or authenticate any information provided by the User; or
• PhunFlix believes that the User’s actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the User, other Users of the PhunFlix Site/App/Platform and/or PhunFlix may at any time in its sole discretion reinstate suspended Users.

Once the User has been indefinitely suspended the User may not register or attempt to register with PhunFlix or use the PhunFlix Site/App/Platform in any manner whatsoever until such time that the User is reinstated by PhunFlix. Notwithstanding the foregoing, if the User breaches this Terms agreement or the documents it incorporates by reference, PhunFlix reserves the right to recover any amounts due and owing by the User to PhunFlix and/or the Service Provider and to take strict legal action as PhunFlix deems necessary.

31. Relationship

None of the provisions of this Terms, notices or the right to use the PhunFlix Site/App/Platform by the User contained herein or any other section or pages of the PhunFlix Site/App/Platform and/or the Linked Sites, shall be deemed to constitute a partnership between the User and PhunFlix and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.

32. Links to Third Party Site

The PhunFlix Site/App/Platform may contain links to other third parties (“Linked Sites”). The Linked Sites are not under the control of PhunFlix or the PhunFlix Site/App/Platform and PhunFlix is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. PhunFlix is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. PhunFlix is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by PhunFlix or the PhunFlix Site/App/Platform of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.

PhunFlix is not responsible for any errors, omissions or representations on any Linked Site. PhunFlix does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before placing any reliance on such information.

33. Limitation of Liability and Damages

In no event, PhunFlix or its contractors, agents, licensors, partners or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Terms; (ii) the PhunFlix Services, (iii) the PhunFlix Platform or any reference site/app/platform/service; or (iv) your use or inability to use the PhunFlix Services, the PhunFlix Platform (including any and all materials) or any reference sites/app/platform/service, even if PhunFlix or a PhunFlix authorized representative has been advised of the possibility of such damages; (v) your use or misuse of the PhunFlix Services or of the PhunFlix Platform; (vi) any breach of the representations, warranties, and covenants made by you herein. Any other interactions with PhunFlix, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by you, if any, for using the portion of the PhunFlix Service or the PhunFlix Platform giving rise to the cause of action, or beyond or in excess Rs, 1,000, whichever is less. You acknowledge and agree that PhunFlix has offered its products and services, set its prices, and entered into this Terms agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and PhunFlix, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and PhunFlix. PhunFlix would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, PhunFlix’ liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement. PhunFlix reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify PhunFlix, including rights to settle, and you agree to cooperate with PhunFlix’ defense and settlement of these claims. PhunFlix will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

Limitation of Liability

EXCEPT AS REQUIRED BY APPLICABLE LAW, PHUNFLIX, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:

• ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;

• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;

• ANY UNAUTHORIZED USE OF THE SERVICE;

• ANY INTERRUPTION OR CESSATION OF THE SERVICE;

• ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;

• ANY CONTENT WHETHER SUBMITTED BY A USER OR PHUNFLIX SITE/APP/PLATFORM, INCLUDING YOUR USE OF CONTENT; AND/OR

• THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.

• THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, PHUNFLIX AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF REVENUE THAT PHUNFLILX HAS PAID TO YOU FROM YOUR USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO PHUNFLIX, OF THE CLAIM AND (B) Indian Rupees RS 1000, WHICHEVER IS HIGHER.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Phunflix, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of he Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.

34. Disclaimer; No Warranties

To the fullest extent permissible pursuant to applicable law, PhunFlix and its third-party partners, licensors and suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from PhunFlix or through the PhunFlix Services or the PhunFlix Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, you expressly acknowledge that as used in this section, the term “PhunFlix” includes PhunFlix’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliates. You expressly agree that use of the PhunFlix Services on the PhunFlix Platform is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the PhunFlix Site/App/Platform or on the Internet generally. PhunFlix does not warrant that the PhunFlix Services will be uninterrupted or error-free or that defects in the PhunFlix Site/App/Platform will be corrected. The PhunFlix Services and the PhunFlix Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the PhunFlix Site/App/Platform are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. PhunFlix, and its third party suppliers, licensors, and partners do not warrant that the data, PhunFlix software, functions, or any other information offered on or through the PhunFlix Services/PhunFlix Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. PhunFlix and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the PhunFlix Services/PhunFlix Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the PhunFlix Services/PhunFlix Platform or any reference sites/platforms/apps/services at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will PhunFlix be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the PhunFlix Platform.

35. Ownership; Proprietary Rights

The PhunFlix Services and the PhunFlix Site/App/Platform are owned and operated by PhunFlix and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the PhunFlix Site/App/Platform Services provided by PhunFlix (hereafter “Materials”) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and PhunFlix, all materials, trademarks, service marks, and trade names contained on the PhunFlix Platform are the property of PhunFlix and/or third party licensors or suppliers. You agree not to remove, obscure, or alter PhunFlix or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the PhunFlix Services/PhunFlix Platform. Except as expressly authorized by PhunFlix, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. PhunFlix reserves all rights not expressly granted in this Agreement. If you have comments regarding the PhunFlix Services and/or the PhunFlix Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to PhunFlix, and shall assign to PhunFlix, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

36. Modification of this Agreement

PhunFlix reserves the right to change, modify, add, amend or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on the PhunFlix Platform or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by You, immediately after the initial posting and shall apply immediately on a going- forward basis with respect to your use of the PhunFlix Platform, availing the PhunFlix Services or for payment transactions initiated after the posting date. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the PhunFlix Services/PhunFlix Platform. For certain changes, PhunFlix may be required under applicable law to give you advance notice, and PhunFlix will comply with such requirements. Your continued use of the PhunFlix Platform following the posting of changes will mean that You accept and agree to the changes.

37. Confidential Information

“Confidential Information” is all information (I) identified in written or oral format by PhunFlix to You and includes trade secrets, computer software, circuit designs, schematics, data and know-how, copyrightable materials, inventions, marketing plans, strategies, business, financial and product development plans and similar matters. Confidential Information shall include all non-public information furnished, disclosed, or transmitted, regardless of form.

You recognizes the importance of such Confidential Information and acknowledges that the Confidential Information belongs to PhunFlix, and has been disclosed to You by the PhunFlix, under and by virtue of a binding confidentiality obligation of You.

38. Non-disclosure obligations

You agree to receive and hold the Confidential Information in confidence. Without limiting the generality of the foregoing, the You further promises and agrees:

• To protect and safeguard the Confidential Information against unauthorized use, publication or disclosure;

• Not to use any of the Confidential Information except for personal purpose and approved

• Not to, directly or indirectly, in any way, reveal, report, publish, disclose, transfer or otherwise use any of the Confidential Information except as specifically authorized by the PhunFlix

• Not to use any Confidential Information to unfairly compete or obtain unfair advantage vis-a-vis PhunFlix in any commercial activity which may be comparable to the commercial activity contemplated by the Agreement

• To restrict access to the Confidential Information to those of its officers, directors, and employees who clearly need such access.

• To advise each of the persons to whom it provides access to any of the Confidential Information, that such persons are strictly prohibited from making any use, publishing or otherwise disclosing to others, or permitting others to use for their benefit or to the detriment of the PhunFlix, any of the Confidential Information, and, upon Request of the PhunFlix, to provide the PhunFlix with a copy of a written agreement to that effect signed by You.

• To comply with any other reasonable security measures requested in writing by the PhunFlix.
• To refrain from directly contacting or communicating by whatsoever means to the Source(s) of Information without written consent of the PhunFlix. To undertake not to disclose any names and their particulars to third parties without the written consent by the PhunFlix.

39. Notice of unauthorized use or disclosure

You shall notify the PhunFlix immediately within 7 days upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this Agreement by You or any third party, and will cooperate with PhunFlix in every reasonable way to help PhunFlix regain possession of the Confidential Information and prevent its further unauthorized use or disclosure.

40. Return of confidential information

Any materials or documents that have been furnished by the PhunFlix to You in connection with the Agreement will be promptly returned by the You, accompanied by all copies of such documentation and any derivative works thereof at the PhunFlix’s option, upon expiration of this Agreement or termination or upon the PhunFlix’s written request. In case of destruction, You shall certify the fact of such destruction in writing to the PhunFlix, if so requested by the PhunFlix. You shall not make any copies of Confidential Information unless the same are previously approved in writing by the PhunFlix.

41. No license or other rights

You recognize and agree that nothing contained in this Agreement shall be construed as granting any property rights, by license or otherwise, to any Confidential Information of PhunFlix disclosed pursuant to this Agreement, or to any invention or any patent, copyright, trademark, or other intellectual property right that has issued or that may issue, based on such Confidential Information except the limited right to use such Confidential Information in accordance with the Services under this Agreement. You shall not make, have made, use, or sell for any purpose any product or other item using, incorporating, or deriving from any Confidential Information of PhunFlix.

42. Availability

PhunFlix controls and operates the PhunFlix Site/App/Platform from India and makes no representation that the materials are appropriate or will be available for use in other locations. If you use this PhunFlix Site/App/Platform from outside the India, you are entirely responsible for compliance with all applicable local laws.

PhunFlix does not make any warranty or representation that a user in one region may obtain the Services from the PhunFlix Site/App/Platform in another region and PhunFlix may cancel a User’s order or redirect a User to the site for that User’s region if a User attempts to order Services offered on a site in another region.

Information that PhunFlix publishes on the World Wide Web may contain references or cross references to PhunFlix products, programs and services that are not announced or available in your country. Such references do not imply that PhunFlix intends to announce such products, programs or services in your country. Consult your local PhunFlix business contact for information regarding the products, programs and services that may be available to you.

43. General Terms and Conditions

PhunFlix does not monitor your use to the PhunFlix Site/App/Platform on a daily basis but reserves the right to do so. You acknowledge that PhunFlix will have the right to report to law enforcement authorities for any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, PhunFlix will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

Submissions and unauthorised use of any materials contained on this Site/App may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, You shall indemnify and hold PhunFlix and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the PhunFlix Site/App/Platform or the use of the PhunFlix Site/App/Platform by any person using your user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.
PhunFlix reserves the right to terminate access to this Site/App at any time and without notice. Further this limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials.
PhunFlix may change the terms and conditions and disclaimer set out above from time to time. By browsing this PhunFlix Site/App/Platform you are accepting that you are bound by the current terms and conditions and disclaimer and so you should check these each time you revisit the PhunFlix Site/App/Platform.

PhunFlix can, at its own discretion, change the format and content of this PhunFlix Site/App/Platform at any time. PhunFlix may suspend the operation of this PhunFlix Site/App/Platform for support or maintenance work, in order to update the Content or for any other reason.

Personal details provided to PhunFlix through this Site/App will only be used in accordance with our Terms of Use. Please read this carefully before going on. By providing your personal details to us you are consenting to its use in accordance with our Terms of Use. PhunFlix reserves all other rights.

44. Language.

All notices required to be given by one Party to the other Party and all other communications, documentation and proceedings which are in any way relevant to this Agreement shall be in writing and in English language.

45. Force Majeure.

PhunFlix will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to reasons beyond reasonable control including but not limited to Acts of God, war (whether declared or not), armed conflict or the serious threat of the same (including but not limited to hostile attack, blockade, military embargo), hostilities, invasion, act of a foreign enemy, extensive military mobilization; civil war, riot, rebellion, revolution, military or usurped power, insurrection, civil commotion or disorder, mob violence, act of civil disobedience; act of terrorism, sabotage or piracy; plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions; act of authority whether lawful or unlawful, compliance with any law or governmental order, rule, regulation or direction, curfew restriction, expropriation, compulsory acquisition, seizure of works, requisition, nationalization; natural disaster such as but not limited to violent storm, cyclone, typhoon, hurricane, tornado, blizzard, earthquake, volcanic activity, landslide, tidal wave, tsunami, flood, damage or destruction by lightning, drought; explosion, fire, destruction of machines, equipment, and of any kind of installation, prolonged break-down of transport, telecommunication or electric current; general labor disturbance such as but not limited to boycott, strike and lock-out, go-slow, occupation of factories and premises; shortage or inability to obtain critical material or supplies to the extent not subject to the reasonable control of the subject Party; or any other event similar to those enumerated above (“Force Majeure Event”). Such excuse from liability and performance shall be effective for the duration of the event(s) causing the failure or delay in performance and / or for a period at the discretion and determined solely by PhunFlix. Notice of a PhunFlix’s failure or delay in performance due to force majeure will be given to You at any time within 6 (six) months after its occurrence which notice shall describe the force majeure event and the impact thereof. Notwithstanding the foregoing and anything contained in the Agreement, should the event(s) of force majeure suffered by PhunFlix extend beyond a 7 (seven) days period, PhunFlix may terminate this Agreement by notice on its PhunFlix Site/App/Platform forthwith. The right to terminate in the event of such a force majeure event rests solely with PhunFlix. You understands and agrees that You relationship and agreement with PhunFlix may end if a Force Majeure Event occurs beyond the PhunFlix control. PhunFlix shall be excused from the performance of its obligations under this Agreement under Force Majeure Event. Such excuse shall be continued so long as the condition constituting force majeure continues. You agree and acknowledge the payment of invoices due and owing hereunder by You shall in no event be delayed by You because of a force majeure affecting You.

46. Cessation of Operation.

PhunFlix may at any time, in its sole discretion and without advance notice to you, cease operation of the PhunFlix Site/App/Platform and distribution of the Services.

47. Effect of Waiver

The failure of PhunFlix to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

48. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of India and this Agreement shall be within the exclusive jurisdiction of the competent courts of New Delhi, India.

49. Statute of Limitation.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the PhunFlix Site/App/Platform or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

50. Waiver of Class Action Rights

By entering into this Agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.

51. Assignment.

You may not assign your rights and obligations under this Agreement to anyone.

52. Dispute Resolution

• All disagreements arising in connection with this Agreement (“Disagreement”) or the terms thereof; shall be initially referred to in writing for mediation to the Authorized Representatives of Each Party, which shall be nominated by both the If any “Disagreement” remains unresolved for twenty (20) days from the initial referral, either Party may request a further reconciliation between two Senior Representatives (one each of both the Parties) within a further ten (10) days.

• The location of any Disagreement by way of mediation and reconciliation shall be held at the offices of PhunFlix if not its legal representatives’

• In case the best efforts, at mediation and reconciliation fail, then, the Parties shall be at liberty to commence Arbitration proceedings under the Arbitration and Conciliation Act, 1996 as amended from time to time in India. The number of arbitrators shall be one who shall be a legal professional of more than five years’ experience and also shall have served as an arbitrator at least two times prior to their service as an arbitrator in this arbitration. The arbitrator shall be a neutral third party and shall be decided by Phunflix and its representatives. The seat, or legal place, of arbitration shall be New Delhi. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive laws of India.

53. Terms of Use

We at PhunFlix respect the privacy of everyone who visits this PhunFlix Site/App/Platform and are committed to maintain the privacy and security of the personal information of all visitors to this PhunFlix Site/App/Platform. Our policy on the collection and use of personal information and other information will be governed by Terms of Use of the Company in place.

54. Events Outside Our Control

We at PhunFlix will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Agreements that is caused by any act or event beyond our reasonable control, including any failure of public or private telecommunications networks.

55. Reservation

Using the Service and PhunFlix Site/App/Platform does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or PhunFlix Site/App/Platform.

56. Changes to Service

PhunFlix Site/App/Platform is constantly changing and improving the Service and PhunFlix Site/App/Platform. We may also need to alter or discontinue the Service, PhunFlix Site/App/Platform or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service and PhunFlix Site/App/Platform that will have an adverse impact on the use of our Service and PhunFlix Site/App/Platform. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of our Service, prevent abuse, or comply with legal requirements.

57. Uploading Content

If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service.

58. Rights you Grant

You retain ownership rights in your Content. However, we do require you to grant certain rights to PhunFlix Site/App/Platform and other users of the Service.

59. Removing Your Content

You may remove your Content from the Service at any time subject to termination terms. You must remove your Content immediately if you no longer have the rights required by this Agreement.

60. Removal of Content By PhunFlix

If we reasonably believe that any Content is in breach of this Agreement or may cause harm to PhunFlix Site/App/Platform, our users, or third parties, we may remove or take down that Content in our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for PhunFlix Site/App/Platform or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, PhunFlix Site/App/Platform or our Affiliates.

61. Copyright

You, User and Content Facilitators should only upload videos that they have made or that they're authorised to use. That means that they should not upload videos that they didn't make, or use content in their Content that someone else owns the copyright to, such as Content that includes but not limited to music tracks, snippets of copyrighted programmes or videos made by other users, without necessary authorisations.

62. Account Suspension & Termination

Terminations and Suspensions by PhunFlix for Cause

PhunFlix Site/App/Platform may suspend or terminate your use of the Services, your account, or your account’s access to all or part of the PhunFlix Site/App/Platform and Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, PhunFlix Site/App/Platform or our Affiliates.

Terminations by PhunFlix Site/App/Platform for Service Changes

PhunFlix Site/App/Platform may terminate your use of the Services, or your account’s access to all or part of the Service and PhunFlix Site/App/Platform if Phunflix believes, in its sole discretion, that provision of the Service and PhunFlix Site/App/Platform to you is no longer commercially viable.

Notice for Termination or Suspension

We will notify you with the reason for termination or suspension by PhunFlix Site/App/Platform unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for PhunFlix Site/App/Platform or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service and PhunFlix Site/App/Platform; or (c) would cause harm to any user, other third party, PhunFlix Site/App/Platform or our Affiliates. Where PhunFlix Site/App/Platform is terminating your use for PhunFlix Site/App/Platform and Service changes, where reasonably possible, you will be provided with sufficient time to export your Content from the Service.

Effect of Account Suspension or Termination

If your account is terminated or your account’s access to the PhunFlix Site/App/Platform and Service is restricted, you may continue using certain aspects of the PhunFlix Site/App/Platform and Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe your account has been terminated in error, you can appeal this by contacting us with due reasons.

63. Downloadable Software

When the PhunFlix Site/App/Platform and Service requires or includes downloadable software (such as the PhunFlix Site/App/Platform), you give permission for that software to update automatically on your device once a new version or feature is available, subject to your device settings. Unless that software is governed by additional terms which provide a license, PhunFlix Site/App/Platform gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by PhunFlix Site/App/Platform as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by PhunFlix Site/App/Platform, in the manner permitted by this Agreement. You are not allowed to copy, modify, distribute, sell, sublicense or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have PhunFlix Site/App/Platform’s written permission.

64. Severance

If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.

65. No Waiver

If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).

66. Nudity and sexual content

Explicit content meant to be sexually gratifying (like pornography) is not allowed on PhunFlix Site/App/Platform. Videos containing fetish content will be removed or age-restricted. In most cases, violent, graphic, or humiliating fetishes are not allowed on PhunFlix Site/App/Platform.

67. Child Safety

PhunFlix Site/App/Platform doesn’t allow content that endangers the emotional and physical well-being of minors. A minor is defined as someone under the legal age of majority -- usually anyone younger than 18 years old in most countries/regions.

If you find content that violates this policy, report it. If you believe that a child is in danger, you should contact your local law enforcement to report the situation immediately.

68. Suicide & self-injury

At PhunFlix Site/App/Platform, we take the health and well-being of all our creators and viewers seriously. Awareness and understanding of mental health is important and we support creators sharing their stories, such as posting content discussing their experiences with depression, self-harm, or other mental health issues.

We do not, however, allow content on PhunFlix Site/App/Platform that promotes suicide, self-harm, or is intended to shock or disgust users.

69. Harmful or dangerous content

PhunFlix Site/App/Platform doesn’t allow content that encourages dangerous or illegal activities that risk serious physical harm or death. Don’t post content on PhunFlix Site/App/Platform if it fits any of the descriptions noted below.

• Extremely dangerous challenges: Challenges that pose an imminent risk of physical injury.

• Dangerous or threatening pranks: Pranks that lead victims to fear imminent serious physical danger, or that create serious emotional distress in minors.

• Instructions to kill or harm: Showing viewers how to perform activities meant to kill or maim others. For example, giving instructions to build a bomb meant to injure or kill others.

• Hard drug use or creation: Content that depicts abuse of or giving instructions on how to create hard drugs such as cocaine or opioids. Hard drugs are defined as drugs that can (mostly) lead to physical addiction.

• Eating Disorders: Content that praises, glorifies, or encourages viewers to imitate anorexia or other eating disorders. Eating disorders are characterized by abnormal or disturbed eating habits which negatively affect a person's health (including eating non-food items).

• Violent Events: Promoting or glorifying violent tragedies, such as school shootings.

• Instructional theft: Showing viewers how to steal money or tangible goods.

• Hacking: Demonstrating how to use computers or information technology with the intent to steal credentials, compromise personal data or cause serious harm to others such as (but not limited to) hacking into social media accounts

• Promoting dangerous remedies or cures: Content which claims that harmful substances or treatments can have health benefits.

70. Violent or graphic content

Violent or gory content intended to shock or disgust viewers, or content encouraging others to commit violent acts are not allowed on PhunFlix Site/App/Platform.

If you believe anyone is in imminent danger, you should reach out to your local law enforcement agency to report the situation immediately.

71. Violent Criminal Organizations

Content intended to praise, promote, or aid violent criminal organizations is not allowed on PhunFlix Site/App/Platform. These organizations are not allowed to use PhunFlix Site/App/Platform for any purpose, including recruitment.

72. Hate Speech

Hate speech is not allowed on PhunFlix Site/App/Platform. We remove content promoting violence or hatred against individuals or groups based on any of the following attributes:

• Age

• Caste

• Disability

• Ethnicity

• Gender Identity and Expression

• Nationality

• Race

• Immigration Status

• Religion

• Sex/Gender

• Sexual Orientation

• Victims of a major violent event and their kin

• Veteran Status

73. Harassment and cyberbullying

Content that threatens individuals is not allowed on PhunFlix Site/App/Platform. We also do not allow content that targets an individual with prolonged or malicious insults based on intrinsic attributes, including their protected group status or physical traits.

74. Sale of Illegal or Regulated Goods or services

Don't post content on PhunFlix Site/App/Platform if it aims to directly sell, link to, or facilitate access to any of the regulated goods and services listed below. Making the sale of these items or facilitating the use of these services possible by posting links, email, phone number or other means to contact a seller directly is not allowed.

• Alcohol

• Bank account passwords, stolen credit cards, or other financial information

• Counterfeit documents or currency

• Controlled narcotics and other drugs

• Explosives

• Organs

• Endangered species or parts of endangered species

• Firearms and certain firearms accessories

• Nicotine, including vaping products

• Online gambling sites not yet reviewed by Google or PhunFlix Site/App/Platform

• Pharmaceuticals without a prescription

• Sex or escort services

• Unlicensed medical services

• Human smuggling

• This policy applies to videos, video descriptions, comments, live streams, and any other PhunFlix Site/App/Platform product or feature. Please note this is not a complete list.

75. Spam, deceptive practices & scams

PhunFlix Site/App/Platform doesn’t allow spam, scams, or other deceptive practices that take advantage of the PhunFlix Site/App/Platform community. We also don’t allow content where the main purpose is to trick others into leaving PhunFlix Site/App/Platform for another site.

76. Impersonation

Content intended to impersonate a person or channel is not allowed on PhunFlix Site/App/Platform. PhunFlix Site/App/Platform also enforces trademark holder rights. When a channel, or content in the channel, causes confusion about the source of goods and services advertised, it may not be allowed.

77. Links in your Content

Links that send users to websites featuring content that violates our Community Guidelines are not allowed on PhunFlix Site/App/Platform.

78. Fake Engagement

PhunFlix Site/App/Platform doesn’t allow anything that artificially increases the number of views, likes, comments, or other metric either through the use of automatic systems or by serving up videos to unsuspecting viewers. Additionally, content that solely exists to incentivize viewers for engagement (views, likes, comments, etc) is prohibited.

79. Vulgar language

Some language is not appropriate for younger audiences. Use of sexually explicit language or excessive profanity in your video or associated metadata may lead to the age-restriction of your video.

80. Inactive accounts policy

In general, users are expected to be active members within the PhunFlix Site/App/Platform community. If an account is found to be overly inactive, the account may be reclaimed by PhunFlix Site/App/Platform without notice. Inactivity may be considered as: Not logging into the site for at least six months,

Never having uploaded video content and Not actively partaking in watching or commenting on videos or channels.

81. Encouraging Terms of Service violations

If you post content that encourages other users to violate our Terms of Service, the content may be removed, your account may be penalized, and in some cases your account may be terminated.

82. Information Collected

1. Information you provide

This may include:

– User profile: We collect information when you create or update your account. This may include your name, email address, phone number, login name and password, address, payment or banking information (including related payment verification information), government identification or other identity cards, date of birth, photo and/or signature. This also includes school vehicle, private vehicle, driver or insurance information. This might also includes the preferences and settings that you enable for your account.

2. Information created when you use our services

This may include:

– Location Information

Depending on the services you use and your app settings or device permissions, we may collect your precise or approximate live location information as determined through data such as GPS, IP Address,Wi-Fi, Geofencing, Bluetooth, etc.

–Organization Information

We collect details related to your use of our Phunflix Site/App/Platform, including the type of services you requested or provided, your personal details, date and time the service was provided, history, amount charged (if any), number of visits, live location etc.

–Usage Information

We collect information about how you interact with our Services. This includes information such as access dates and times, record history, app features or pages viewed, app crashes and other system activity, type of browser, and third-party sites or services you were using before interacting with our services. In some cases, we collect this information through cookies, cache or any memory, pixel tags and similar technologies that create and maintain unique identifiers.

–Device Information

We may collect information about the devices you use to access our Services, including the hardware models, device IP address, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information, and mobile network information. Company may combine the information collected from these sources with other information in its possession.

83. How We Collect And Use Information

We collect the following types of information about you:

Registration and Profile Information. When you create an account, we may collect your personal information such as your username, first, middle, and last name, biometric, medical history, educational information, weight, gender, blood group, finger prints, languages, facial recognition, school and institution information, email address, mobile phone number and a photo, if you chose to have a photo associated with your account. If you want to add another member’s name to your account, we collect the other member’s name, email address, and mobile phone number. We may also collect billing information when you sign up.

Data collected through use of the Phunflix Site/App/Platform. After you set up your account, we may ask for other profile and demographic information.

Geolocation. We collect your location information through your device IP address, WiFi, Bluetooth, and GPS coordinates (e.g.,latitude/longitude) available through your mobile device, tablet and related devices. We collect and maintain location data to provide you the features and functionality of the Phunflix Site/App/Platform. We may also share location information with third parties for advertising, research, analytic and other purposes. If you want to opt-out of the collection of your location data, please adjust your settings in your device to limit the app’s access to your location data. It’s your duty to sign-in and sign-out appropriately from the live location sharing features of Phunflix Site/App/Platform available through your mobile device, tablet and related devices or provided to you for use of all Phunflix Site/App/Platform. If not signed-in might limit the use of Phunflix Site/App/Platform and not signed-out may continue the live location sharing of your mobile, device, tablet and related devices or provided to you for use of Phunflix Site/App/Platform.

Social Media. When you interact with our site through various social media, such as when you Like us on Social media platforms, such as Facebook, Twitter, and others or post a comment to our Social media platforms, such as Facebook, Twitter, and others page, we may receive information from the social network such as your profile information, profile picture, gender, user name, user ID associated with your social media account, age range, language, country, friends list, and any other information you permit the social network to share with third parties. The data we receive is dependent upon your privacy settings with the social network. You should always review, and if necessary, adjust your privacy settings on third-party websites and Phunflix Site/App/Platform before linking or connecting them to Phunflix’s website or Phunflix Site/App/Platform.

Information we collect automatically through the use of technology. When you visit our website, use our mobile app, read our emails or otherwise engage with us, we and our business partners may automatically collect certain information about your computer or device through a variety of live tracking technologies, including cookies, web beacons, log files, embedded scripts, location-identifying technologies, or other tracking/recording tools (collectively, “tracking technologies”), and we may combine this information with other personal information we collect about you. We use these live tracking technologies to collect usage and device information, such as:

• Information about how you access the Phunflix Site/App/Platform, for example, referral/exit pages, how frequently you access the Phunflix Site/App/Platform, whether you open emails or click the links contained in emails, whether you access the Phunflix Site/App/Platform from multiple devices, and other actions you take on the Phunflix Site/App/Platform.

• Information about how you use the Phunflix Site/App/Platform, for example, the features you use, the links you click, the ads you view and click on, purchase transaction information, your location when you access or interact with our Phunflix Site/App/Platform, and other similar actions.

• Information about the computer, tablet, smartphone or other device you use, such as your IP address, browser type, Internet Phunflix Site/App/Platform provider, platform type, device type/model/manufacturer, operating system, phone number, mobile carrier, date and time stamp, a unique ID and/or QR Code, OTP that allows us to uniquely identify your browser, mobile device or your account (including, for example, a UDID, IDFA, Company AdID, Windows Advertising ID or other persistent device identifier or Ad ID), battery life, and other such information. With your permission, we may also access your photo or camera roll.

We may collect analytics data, or use third-party analytics tools such as Google Analytics, to help us measure traffic and usage trends for the Phunflix Site/App/Platform and to understand more about the demographics of our users.

We use this information to (i) remember information so that you will not have to re-enter it during your visit or the next time you visit the Phunflix Site/App/Platform;(ii) provide custom, personalized content and information, including targeted content and advertising; (iii) track your location and movements; (iv) identify and contact you across multiple devices; (v) provide and monitor the effectiveness of our Phunflix Site/App/Platform and our marketing campaigns; (vi) monitor aggregate metrics such as total number of visitors, users, traffic, and demographic patterns; (vii) diagnose or fix technology problems reported by our Users or engineers that are associated with certain IP addresses or User IDs; and (viii)detect or prevent fraud or other harmful activities; (xi) automatically update our mobile application on your system and related devices; and (x) otherwise plan for and enhance our Phunflix Site/App/Platform.

If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Please note that doing so may negatively impact your experience using the Phunflix Site/App/Platform, as some features and Phunflix Site/App/Platform on our Phunflix Site/App/Platform may not work properly. Depending on your mobile device and operating system, you may not be able to delete or block all cookies. These browser settings that block cookies may have no effect on non-cookie technologies. You may also set your e-mail options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our e-mail and performed certain functions with it. Although we do our best to honor the privacy preferences of our Users, we are not able to respond to ‘Do Not Track’ signals from your browser at this time. We and our third party partners may also use information collected through tracking technologies for advertising purposes.

84. Sharing Of Your Information

Personal Information: We may share your personal information with third parties outside the Company and its controlled subsidiaries and affiliates in some circumstances, as follows:
• We may share your personal information, including your location data, driving sensor data, unique identifiers and other data with third parties for their marketing and business purposes, including without limitation, to inform and improve third-party advertising. These third party partners may use this information according to their own privacy policies.

• Any information or content that you voluntarily post to the website or to our Social media platforms, such as Facebook, Twitter, and others page will automatically be available to the public. We may publicly post your reviews and comments online on our website or mobile app, or link your reviews to third party websites.

Other instances in which we may share your information: We may also share your information for business purposes, as follows:

• We may share your personal information with our third-party business partners, vendors and consultants who perform Phunflix Site/App/Platform on our behalf or who help us provide our Phunflix Site/App/Platform, such as accounting, managerial, technical, marketing or analytic Phunflix Site/App/Platform.

• We may at anytime buy or sell/divest the company, or any combination of its products, Phunflix Site/App/Platform, assets and/or businesses. Personal information such as customer names and email addresses, and other user information related to the Phunflix Site/App/Platform will likely be one of the items transferred in these types of transactions. We may also share, transfer or assign such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, Phunflix Site/App/Platform or similar transactions or proceedings

• We may disclose personal information to third parties (including law enforcement, other government entity, or civil litigant; excluding our subcontractors) when required to do so by law or subpoena or if in our sole discretion, we determine it is necessary to (a) conform to the law, comply with legal process, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce our Terms of Use, take precautions against liability, to investigate and defend ourselves against any claims or allegations, or to protect the security or integrity of our site; and/or (c) to exercise or protect the rights, property, or personal safety of Phunflix, our Users or others.

De-Identified, Aggregated, or Otherwise and Anonymized Information: We share your information with third parties in de-identified, aggregated or otherwise anonymized form that does not reasonably identify you directly as an individual or your device. These third parties may use the anonymized information for any purpose.

85. How We Protect Your Information

Phunflix cares about the security of your information and uses commercially reasonable physical, administrative, and technological safeguards to preserve the integrity and security of all information we collect and that we share with our Phunflix Site/App/Platform providers. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations. We implement appropriate, commercially reasonable technical and organisational measures to protect your personal information against accidental or unlawful destruction, loss, change or damage. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. We will never send you unsolicited emails or contact you by phone requesting your account ID, password, credit or debit card information or national identification numbers.

86. Use Of Information Collected

We collect and use information for the purposes including but not limited to:
• to enable smooth and efficient delivery of Services to the users with a view to ensure the safety of the users

• To enhance the safety and security of our users and services

• For customer support

• For research and development

• To enable communications to or between users

• In connection with legal proceedings

• To download product information, order products and take advantage of certain other features of our Phunflix Site/App/Platform.

• To provide information or interactive services through this Phunflix Site/App, to your e-mail address or, where you wish it to be sent by post, to your name and postal address.

• Storage of history and data of Phunflix Site/App/Platform.

• To seek your feedback or to contact you in relation to those services offered on our Phunflix Site/App.

• To process orders or applications submitted by you.

• To administer or otherwise carry out our obligations in relation to any agreement you have with us.
•To anticipate and resolve problems with any goods or services supplied to you.

•To create products or services that may meet your needs.

• To process and respond to requests, improve our operations, and communicate with visitors about our products, services and businesses.

• To allow you to subscribe to our newsletter.

87. Sharing And Disclosure Of Information

We will not use or share, either within Phunflix or with a third party, any information collected at this page for direct marketing purposes. Because of the nature of the Internet, we can transmit the information to another country, but among Phunflix and its affiliates, for purposes other than direct marketing, such as for storage, or for carrying out the processing detailed above, or because of where our servers are located, but we do not provide or use personal information to unrelated businesses for direct marketing purposes. To the extent required or permitted by law, we may also collect, use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements. We may also remove all the personally identifiable information and use the rest for historical, statistical or scientific purposes. If you e-mail us, you are voluntarily releasing information to us. Your e-mail address will be used by Phunflix to respond to you. We will not use the information that can identify you, such as your e-mail address, for direct marketing purposes. In addition, we may have collected similar information from you in the past. By entering this Phunflix Site/App you are consenting to the terms of our information Terms of Use and to our continued use of previously collected information. By submitting your personal information to us, you will be treated as having given your permission for the processing of your personal data as set out in this policy.

88. Cookies

We may store some information such as cookies on your computer when you look at our Phunflix Site/App. Cookies are pieces of information that a Phunflix Site/App transfers to the hard drive of a visitor’s computer for record-keeping purposes. This information facilitates your use of our Phunflix Site/App and ensures that you do not need to re-enter your details every time you visit it. You can erase or choose to block this information from your computer if you want to; please refer to your browser settings to do so. Erasing or blocking such information may limit the range of features available to the visitor on our Phunflix Site/App. We also use such information to provide visitors a personalised experience on our Phunflix Site/App. We may use such information to allow visitors to use the Phunflix Site/App without logging on upon returning, to auto-populate email forms, to make improvements and to better tailor our Phunflix Site/App to our visitors’ needs. This information can verify that visitors meet the criteria required to process their requests

89. Security

We have implemented reasonable high level technology security and policies, with the objective of protecting your privacy from unauthorised access, breach and improper use, and periodically review the same. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%.

90. No Unlawful User

As a condition precedent of your use of the Site, Applications or Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Phunflix’ server, or the network(s) connected to any Phunflix’ server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, and computer systems or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

91. Third Parties

For your convenience, this the Phunflix Site/App/Platforms may contain certain hyperlinks linked to another site and/or platform. We are not responsible for the privacy policies and practices of other site/app/platforms, even if you access those using links from our Phunflix Site/App/Platform. We can make no promises or guarantees regarding data collection on the hyper-linked pages and on site/app/platforms that are not owned by Phunflix. We recommend that you check the policy of each site/app/platform you visit, or link from, and contact the owners or operators of such site/app/platforms if you have any concerns or questions.

92. Retention And Deletion

Phunflix requires user profile information in order to provide its services. It retains such information for as long you avail the services of the Company. Phunflix retains certain information, including transaction, location, device and usage information, for reasonable amount of time in connection with regulatory, tax, insurance and other requirements in the places in which it operates. Once such information is no longer necessary to provide Phunflix’ services, enable customer support, to enhance the user experience or for other operational purposes, Phunflix takes steps to prevent access to or use of such information for any purpose other than compliance with these requirements or for purposes of safety, security and fraud prevention and detection.

You may request deletion of your account information at any time in the Phunflix Site/App/Platform. Following such a request, Phunflix deletes the information that it is not required to retain. In certain circumstances, Phunflix may be unable to delete your account such as if there is an outstanding credit on your account or an unresolved claim or dispute. Upon resolution of the issue preventing deletion, Phunflix will delete your account as described above.

Phunflix may also retain certain information and/or historical data if necessary for its legitimate business interests, such as fraud prevention and enhancing users’ safety and security.

93. Your Choices About Your Information

You may, of course, decline to submit any personal information through the Phunflix Site/App/Platform, in which case Phunflix may not be able to provide its Phunflix Site/App/Platform to you.

Delete Your Account and Personal Information: We will retain your information for as long as your account is active or as needed to provide you Phunflix Site/App/Platform. If you wish to cancel your account, please contact us.

Third Party Tracking and Advertising: We may share, or we may permit third party ad networks, social media companies, and other third party Phunflix Site/App/Platform to collect, information about your use of our Phunflix Site/App/Platform over time, including location information, so that they may play or display ads that may be relevant to your interests on our Phunflix Site/App/Platform as well as on other websites, apps or Phunflix Site/App/Platform, or on other devices you may use. We may also display targeted advertising to you through social media platforms, such as Social media platforms, such as Facebook, Twitter, and others, These third part ad partners may collect information such as click stream information, time stamp, hashed email address, device ID, your use of third party applications and/or precise geolocation data and other information, and may use your unique identifiers to recognize you across various devices you use. We and our advertising partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related Phunflix Site/App/Platform such as reporting, attribution, analytics, and market research.
 

To opt-out or control third-party tracking and advertising:

• Mobile advertising.

You may also be able to limit interest-based advertising through the settings on your mobile device by selecting “limit ad tracking” (iOS) or “opt-out of interest based ads” (Android). You may also be able to opt out of some but not all interest-based ads served by mobile ad networks by visiting http://youradchoices.com/appchoices and downloading the mobile AppChoices app.
 

• Company Analytics and Advertising. We may also utilize certain forms of display advertising and other advanced features through Company Analytics, such as Remarketing with Company Analytics, Company Display Network Impression Reporting, the DoubleClick Campaign Manager Integration, and Company Analytics Demographics and Interest Reporting. These features enable us to use first-party cookies (such as the Company Analytics cookie) and third-party cookies (such as the Double click advertising cookie) or other third party cookies together to inform, optimize, and display ads based on your past visits to the Phunflix Site/App/Platform. You may control your advertising preferences or opt-out of certain Company advertising products by visiting the Company Ads Preferences Manager.

Third Party Location Sharing: We collect location data to provide the Phunflix Phunflix Site/App/Platform, and may share your personal information, including location data, with other Phunflix users, and with third parties for advertising or other purposes.

• Limit location sharing. You may turn location sharing “OFF” through your App settings. If you turn off location sharing, we will not share your location; however, we will continue to collect your location information in order to provide the Phunflix Site/App/Platform (for example, to provide our emergency Phunflix Site/App/Platform, to share your location with the other circles, or to provide location based advertising).

• Limit location collection and sharing. You can opt-out of future sharing of your precise location data with our third party partners by adjusting your settings on your mobile device to prohibit Phunflix from collecting your location data. For example, depending on your mobile device, you may be able to “Turn location Phunflix Site/App/Platform ‘off.’ You can also adjust your device settings to withdraw permission for the Phunflix app to access location data. We and our third party partners may continue to approximate your location based on other data. Please note that your Phunflix Site/App/Platform may not be able to provide all of our Phunflix Site/App/Platform to you if you disable access to location data through your device settings.
 

94. Links To Other Web Sites And Phunflix Site/App/Platform

We are not responsible for the practices employed by Phunflix Site/App/Platform linked to or from the Phunflix Site/App/Platform, nor the information or content contained therein. Please remember that when you use a link to go from the Phunflix Site/App/Platform to another website, our Terms of Use does not apply to third-party websites or Phunflix Site/App/Platform. Your browsing and interaction on any third page party website or Phunflix Site/App/Platform, including those that have a link on our website, are subject to that third party’s own rules and policies. Please read over those rules and policies before proceeding. Phunflix Site/App/Platform may, from time to time, contain links to and from third party websites, including those of other users, our partner networks, advertisers, partner merchants, news publications, retailers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. Please check the individual policies before you submit any information to those websites.

95. Our Policy Towards Children

A) The Phunflix Site/App/Platform may only be used by children with the consent of a parent or person with parental responsibility over the child.

B) If you become aware that your child has provided us with personal information, without your consent, then please contact us using the details below so that we can take steps to remove such information and terminate any account your child has created with us.

C) If you would like to review or delete any personal information we have collected from the child, or to withdraw permission for us to collect any information from the child, please contact us.

96. Changes To Our Terms Of User

Phunflix may, in its sole discretion, modify or update this Terms of Use from time to time, and so you should review this page periodically. When we change the policy, we will update the ‘last modified’ date at the top of this page.

97. Marketing And Advertising

A) From time to time, we may contact you with information about our products and Phunflix Site/App/Platform. Most of the marketing messages we send will be by email or through push notifications or related communications on your device.

B) Your acceptance to this Terms of Use and Agreement will enable us to contact you and permit you to receive marketing messages unless you have not provided your consent to do so.

C) You can change your preferences at a later date by clicking on the unsubscribe link at the bottom of our marketing newsletters.

D) Please note that if you do opt-out of or do not grant consent to receiving marketing related messages from us, we may still send you non-marketing messages, such as communications relating to the provision of our Phunflix Site/App/Platform.

98. Users’ Rights In Respect Of Their Personal Information

In accordance with applicable privacy law, you may have the following rights in respect of your personal information that we hold:

A) Right of Access. 

You may have the right to obtain:

i. confirmation of whether, and where, we are processing your personal information;
ii. information about the categories of personal information we are processing, the purposes for which we process your personal information and information as to how we determine applicable retention periods;
iii. information about the categories of recipients with whom we may share your personal information;and iv. a copy of the personal information we hold about you.

99. Users’ Rights In Respect Of Their Personal Information Use

A) Right of Portability. You may have the right, in certain circumstances, to receive a copy of the personal information you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your personal data to another person.
B) Right to Rectification. You may have the right to obtain rectification of any inaccurate or incomplete personal information.

C) Right to Erasure. You may have the right, in some circumstances, to require us to erase your personal information if the continued processing of that personal information is not justified.

D) Right to Restriction. You may have the right, in some circumstances, to require us to limit the purposes for which we process your personal information if the continued processing of the personal information in this way is not justified, such as where the accuracy of the personal information is contested by you.

E) Right to Object. You may have a right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. There may be compelling reasons for continuing to process your personal information, and we will assess and inform you if that is the case.
F) If you wish to exercise one of these rights, please contact us using the contact details below.

100. Contacting Us

We aim to keep our information about you as accurate as possible. If you have any questions about these Terms and Conditions or the PhunFlix Site/App/Platform, please contact us at info@phunflix.com with the Subject of the email:

Website: https://phunflix.com/