Privacy Policy

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Terms & Conditions

The Terms and Conditions of use set forth herein apply to the website / mobile application / abby films.online/ Abby Music/ Abby Films/ which is owned, operated, licensed and controlled by [•] (hereinafter referred to as "Abby Films & Music / Abey Films & Music LLP", "we" and/or "us") and is covered and protected by all laws including but not limited to copyright and trademark laws of India. 

This website/application is for the purpose of providing digital content including sound recordings, video recordings, MP3 Music, Podcast Audio, Audio Books, Story Telling, Meditation Music, original or licensed Films/ Movies, short films and other entertainment content, as decided from time to time by us. Further, the above mentioned content is exclusively created and owned by Abby Films & Music. Therefore, no other person has any proprietary rights over the above mentioned content. 

Users are not permitted to download, reproduce, distribute, modify, display or make use of the contents of this website/application for any commercial, personal or other use. 

Any unauthorized use of the services and content of the website/application may violate copyright laws, trademark laws as well as the laws of privacy and Abby Films & Music is not responsible for the same. 

'Unauthorized use' shall mean and include any usage of the digital content provided on this website/application not in conformity with the rights granted with respect to the same. 

Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right. 

You agree Before you begin to explore and/or use the website/application, you ("you", "your", "yourself", and/or "user") will need to review these terms and conditions of use of the same. These terms and conditions will constitute a binding contract between you and Abby Films & Music (“Agreement”). These terms explain your obligation towards Abby Films & Music when you use the services of the website/application. 

By using this website/application, you agree that these terms of use are acceptable to you and you agree to be bound by them. If you do not agree to these terms of use, please do not use this website/application and it is hereby stated by Abby Films & Music that using this website/application without accepting the terms and conditions is tantamount to unauthorized usage, punishable by law.

Abby Films & Music reserves the right, at its discretion, to change, modify, add, alter, delete or remove portions of these terms. This Agreement shall continue to be in full force and effect for so long as you are using the services of the website/application. Your continued use of this website/application following the posting of any change or modification of these terms will mean you accept those changes or modifications. 

Abby Films & Music reserves the right to withdraw access to this website/application and to change, modify, revise the materials, products and pricing listed or offered through this website/application at any time without notice. It is your responsibility to check these terms and conditions periodically for changes. 

Registration Details

To avail the services being provided on the website/application, you will be required to submit the information/data as required at the time of registering with the website/application or as may be required by Abby Films & Music from time to time. 

You agree to provideAbby Films & Music with accurate, complete and updated registration information. If you do not provide Abby Films & Music with accurate, complete and updated registration information, you are not authorized to use the services of the website/application and Abby Films & Music has the right to indefinitely suspend or terminate your account/subscription and refuse to provide you with access to. 

You further agree that, in providing such registration information, you will not knowingly or otherwise omit or misrepresent any material facts or information and that you will promptly enter correct and/or updated registration data/information, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize Abby Films & Music to verify your registration data as may be required for your use of and access to the services of the website/application, as applicable. You agree and understand that the services are advertising supported and you grant Abby Films & Music the right to disclose the registration data to third parties for the marketing of its services.

Further you agree and grant Abby Films & Music the right to use your individual registration data to provide targeting of advertisements and other service offers. The use of this website/application is also subject to Abby Films & Music Privacy Policy. 

Definitions

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sound recordings, video recordings, artwork and computer code (collectively, “Source Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Source Content, contained on the website/application is owned, controlled or licensed by or to Abby Music/ Abby Films or its licensors, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. 

Content on the website/application such as the synopsis, cast, crew, reviews, previews, themes, wallpapers, stills, screensaver, photographs, animation, data, information, database, design, games, interactive content, trailers, making, images, and any text, images, messages, newsletters, music, audio, video or its derivative, with or without sound, audio clips from sound recordings, videos, movies are created/ collated by Abby Music/ Abby Films from the Source Content.

Mobile Devices

Mobile Devices are devices which have telephony capability, either inbuilt or by in conjunction with any device or software which allows it to have a telephony usage, accessed by wires or wireless which includes but is not limited to GSM, CDMA, WiFi, WiMax, TCP/IP, Internet or any other protocol, service or format, either existing at present or which may be invented in the future.

Mobile Service Providers 

Mobile Service Providers are entities who are in the business of providing telephony services to their consumers, either via wires or wireless, landline or mobile, via GSM, CDMA or any protocol. 

Non Subscriber

Refers to those users who do not subscribe to any subscription plans to avail any paid services available on the website/application and/or pay for particular services only on “a la carte” basis i.e. paying for one or more service(s) without a package deal. Service Refers to the services provided by Abby Films & Music on the website/application, including but not limited to making available the content on the website/application for streaming purposes, etc. 

Subscriber

Refers to any user who subscribes to the Services of Abby Films & Music on the website/application. 

Term

The duration of the validity of your accessibility to the website/application and the content, depends upon the plan you have subscribed and the payment you have made. 

Party/Parties

You and Abby Films & Music shall individually be referred to as "the Party" and collectively as "the Parties" unless otherwise stated. 

Service Application

The website/application shall provide DRM-free file format for sampling content. The Services are provided to the Subscriber as per the selected subscription plan depending on the payment of Subscription fee, subject to certain limitations as described herein. 

You must have internet connection for accessing this website/application. 

It is essential that every user, Subscriber, must register with the terms of the website/application to use the Services available through the website/application. You shall be required to enter certain personal information, which will be governed as per the rules of Abby Films & Music Privacy Policy and must pay fees as per the option selected by you for receiving uninterrupted service during the Term. 

To complete the enrolment process, you must fill the service registration form provided on the website. 

The Services includes 

On-demand streaming of full length tracks, audio/visual, Audio Podcasts, Audio Books, MP3 Music, Story Telling, Meditative Music, original or licensed Films/ Movies, short films and other entertainment content or certain other premium features as decided by Abby Films & Music from time to time; 

User account and Security 

All Subscribers shall have a user name and password. It shall be the sole responsibility of the Subscriber to maintain the confidentiality and security of their account. 

You should not reveal your account information to anyone else or use anyone else's account. 

Your 'user account' and password are personal and should be kept confidential. 

You agree that you will not allow another person to use your 'user account' to access and use the service under any circumstances. 

You are solely and entirely responsible for maintaining the confidentiality of your 'user account' and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. 

You acknowledge that Abby Films & Music is not liable in any manner whatsoever for any harm caused by or related to the theft of your account information, your disclosure of your 'user account', or your authorization to allow another person to access and use the services using your 'user account'. 

Furthermore, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the services and you agree to immediately notify us of any unauthorised use of your account or any other breach of security. 

Although Abby Films & Music will not be liable for any losses you may incur due to any unauthorized use of your 'user account', you may be liable for the losses of Abby Films & Music and/or other users due to such unauthorized use. 

In consideration of your use of the website/application and services provided therein, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. 

You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the website/application and/or the Services provided there under. 

Fee & Payments

The Price List for each service is displayed on website representing the full retail price listed for each service. 

You shall pay for the Service that you chose from the options given on the website. The Price List mentions the prices of each service in each country denoted in their respective currency and the User shall pay in the currency of their country. 

The website/application allows the users to subscribe to the Content available on the website, using the following forms of payments. 

Abby Films & Music may withdraw any of the following payment option at its sole discretion: 

· Credit Cards; 

· Debit Cards; 

· Internet Banking (for Indian customers only); 

You agree that you shall make timely payment of all fees for the services. 

If you want to designate a different payment card or if there is a change in your payment mode or account status, you must inform online to Abby Films & Music . You must provide the website/application with the aforesaid information at least 7 (seven) days prior to such change being applicable to avoid temporary disruption or delay in the services until the website/application authorities verify the validity of the new payment card or any other mode. 

You agree, understand and confirm that the credit card details provided by you for availing of Services on the website/application will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. 

Abby Films & Music reserves the right to change the prices of the products and services and the availability of the services at its sole discretion. 

Payment made by credit card or any other mode as mentioned above should be received by Abby Music/ Abby Films on time. 

If for any reason Abby Music/ Abby Films does not receive payment from the credit card issuer or any agent involved in any of the above payment modes, you agree that you shall pay all amounts due upon demand by Abby Films & Music. 

Abby Films & Music is not responsible for your delay in making payments to Abby Films & Music and hence in the event your account is deactivated if there are unpaid dues from you, Abby Films & Music is not responsible and you may have to re-register yourself on the website/application. 

You further agree and undertake that you are accessing the services available on this website/application and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this website. 

Abby Films & Music accepts no responsibility/liability for any errors or omissions, whether on behalf of itself or third parties. Further AAbby Films & Music shall not be responsible for any non-performance or breach of any contract entered into between users. 

Intellectual Property Rights

It is hereby specifically recorded that the Source Content and the content available as part of the services is the sole and exclusive property of Abby Films & Music and/or its licensors and is protected by copyright and other intellectual property laws. 

Intellectual Property Rights for the purpose of this Agreement shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trade marks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and all those special rights conferred as a result of the Berne Convention, 1979 individually as a result of prospective local laws in accordance with the Convention and the Trade Related Aspects of Intellectual Property Rights Agreement of the World Trade Organization. 

All those intellectual property rights arising as a result of domain names, Internet or any other form of an electronic/technological law shall also vest in the domain of Abby Films & Music. The Parties hereto agree and confirm that no part of any intellectual property rights mentioned hereinabove is transferred in the name of user and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and control of Abby Films & Music.

You shall promptly notify Abby Films & Music in writing upon your discovery of any unauthorized use or infringement of the services (or its contents) or Abby Films & Music's patent, copyright, trade secret, trademarks or other intellectual property rights. The services provided contain proprietary and confidential information that is protected by copyright laws and international treaty provisions. 

Reviews, Comments, Communications, and Other Content

You may post reviews, comments, and other content; send other communications; and submit suggestions, ideas, comments, questions, or other information, if the website/application allows you to do so, so long as the content is not illegal, obscene, offensive to any caste, class, community or individual, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". 

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. 

Abby Films & Music reserves the right (but not the obligation) to remove or edit such content. 

Abby Films & Music does not endorse and has no control over such content that you post. 

Abby Films & Music may delete any such content posted or submitted by you, for any or no reason, including postings that in our sole judgment violate these terms and conditions of use or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. 

Abby Films & Music assumes no responsibility for inappropriate postings/content posted by you/users or conduct of the users on this website. 

If at any time Abby Films & Music chooses, in its sole discretion, to monitor the postings, Abby Films & Music nonetheless assumes no responsibility for the postings and no responsibility for the conduct of the user submitting any such postings/content. 

KINDLY NOTE THAT Abby Films & Music PROHIBITS ANY SORT OF PORNOGRAPHIC CONTENT ON ITS WEBSITE. Please choose carefully the information you post on the website/application and that you provide to other users. Your profile must not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. 

STRINGENT PENAL AND CRIMINAL ACTIONS WILL BE INITIATED AGAINST THOSE FOUND INDULGING IN ABOVE REFERRED ACTIVITIES. Any user or member who publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt people who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it shall be strictly treated under the provision of Section 67 of the Information Technology Act 2000 and as per the provisions of Indian Penal Code and other appropriate statutes applicable in that scenario. Despite this prohibition, information provided by other users (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Abby Music/ Abby Films assumes no responsibility or liability for this material. If you become aware of misuse of the services provided by Abby Music/ Abby Films by any person, please contact Privacy Coordinator. 

Termination

If you violate, breach or fail to comply with any clause of this Agreement, we may terminate this Agreement or restrict or suspend or terminate your use of the services of immediately and without notice. 

You may terminate the services by ceasing to use the website. 

Your determination of the services shall lead to cessation of your access to the services you have subscribed for. However, you cannot escape your liabilities and obligations to pay accrued charges, if any, till date of termination of service reflecting as unpaid in your account. 

We reserve the right to terminate your use of the services/subscription, without cause, upon reasonable notice. In case such termination occurs in the middle of your subscription period, we shall refund to you the unutilized share of your prepaid subscription fee for the remaining period which shall be calculated on a pro-rata basis in case of unlimited usage accounts. 

The failure of Abby Films & Music to take any action in respect of a breach of these terms and conditions shall not constitute a waiver of their enforceability.

Abby Films & Music reserves its rights in respect of these terms and conditions at all times. 

Link to Other Sites 

The website/application may contain links to other independent third-party web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to the users. Such Linked Sites are not under Abby Films & Music's control, and Abby Films & Music is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. 

You will need to make your own independent judgment regarding your interaction with these Linked Sites. 

Technology Limitations and Modifications to Service 

It is the duty and responsibility of Abby Films & Music to keep your account and the service(s) operational. However, in case of any technical difficulties or for maintenance, if it results in temporary interruption, Abby Films & Music will make reasonable efforts to rectify the snag as early as possible. 

If, for any technical reason and under unavoidable circumstances Abby Music/ Abby Films needs to discontinue, temporarily or permanently, functions and features of the application and service(s) with or without notice, or if any tracks in any particular catalogue may no longer be available due to technical or contractual rights, Abby Films & Music reserves right to change and replace the tracks/ audio books/ podcasts etc. or the overall content or any other content available at any time. 

Under the said circumstances, Abby Films & Music shall not be liable for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to or of any of the services as the same may be treated as Force Majeure. 

You also shall not use, nor allow others to use, your account, the services/subscription, directly or indirectly, to: 

(a) attempt to or actually disrupt, impair or interfere with, alter or modify the services or any information, data or materials posted and/or displayed by us;

(b) act in a way that affects or reflects negatively on us, the services, or anyone else; (c) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party's prior consent. You agree to comply with all local, state, federal laws, statutes, rules and regulations, as well as any international treaties, which are applicable to your use of the website. You are prohibited from violating or attempting to violate the security of the website, including, without limitation: 

(a) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access; 

(b) attempting to probe, scan or test the vulnerability of the website/application or to breach security or authentication measures, regardless of your motives or intent; (c) attempting to interfere with or disrupt the services to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or 

(d) sending unsolicited e-mail or other information, including promotions or advertising. 

Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations and we may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the website/application in a manner that sends more request messages to the Abby Films & Music servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. 

Notwithstanding the foregoing, Abby Films & Music grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. 

Abby Films & Music reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the website, nor to use the communication systems provided by the website/application for any commercial solicitation purposes. Any illegal and/or unauthorized use of the services and/or the website, including unauthorized framing of or linking to the website/application will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress. 

Indemnification

You hereby agree to indemnify and hold Abby Films & Music, its agents, contractors, members, subsidiaries, affiliates, service providers, syndicators, distributors, licensors, officers, directors and employees, harmless from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, suffered by Abby Films & Music as a result of a breach of the terms and conditions of this Agreement by you and from any claim brought by third parties alleging that use of the Services and/or website/application by you or under your account has infringed any intellectual property or other right of any kind, or any applicable laws or regulation including but not limited to payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other users and infringement of intellectual property or other rights. 

You shall provide Abby Films & Music with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at your sole expense. 

Governing Law

Any dispute arising out of the terms and conditions set herein, the website, or the services available on the website/application shall be governed by the laws of India and the court of Kolkata, India shall have the non-exclusive jurisdiction with respect thereto. 

Use of the website/application is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this clause. 

You agree to indemnify and hold Abby Films & Music, its subsidiaries, affiliates, directors, officers and employees, harmless from any claim, demand or damage, including reasonable attorney's fees, asserted by any third party due to or arising out of your use of or conduct on the website. 

General Provisions

No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement. 

If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This Agreement will bind and inure to the benefit of each party's permitted successors and assigns. 

This Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void. This Agreement (including all documents expressly incorporated herein by reference, including but not limited to the Abby Films & Music's Privacy Policy and the end user license agreement) constitutes the complete and exclusive agreement between Abby Films & Music and you with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you andAbby Films & Music with respect to the services and the use of the website. Abby Music/ Abby Films may change/modify/alter this Agreement at any time in its sole discretion. In case of material change only will be posted by issuance of notice at the email address on file for your account. If the said change/modification/alteration is unacceptable to you, you agree that your only recourse is to terminate your use of the service(s) as provided herein. Your continued use of any service following our posting of a change of terms will constitute your voluntary acceptance of the change, until such time as you terminate your usage. 

This Agreement, together with our Privacy Policy, Disclaimer and any other rules, regulations, procedures and policies herein, constitutes the entire agreement between you and Abby Music/ Abby Films with respect to the services on the website/application and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Abby Music/ Abby Films with respect to the services. 

The terms herein are subject to prevailing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with statutory requests or requirements relating to your use of the services or information provided to or gathered by Abby Music/ Abby Films with respect to such use. Use of the services and the website/application is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, shall be Governed by laws of India. 

You hereby confirm that you shall abide to these Terms & Conditions and shall also abide to all the applicable laws of the land. 

Content on this website/application may occasionally contain strong language (which may be unsuitable for children), unusual humour (which may be unsuitable for adults), nudity, violence, and imitable behaviour etc. 

The Terms and Conditions of use set forth herein apply to the website / mobile application / abby films.online/ Abby Music/ Abby Films/ which is owned, operated, licensed, and controlled by