Terms of Use

The information detailed on the following page tells you how you may use masala.tv and other MASALA TV online services to access, view and/or listen to content that the MASALA TV makes available to you through these services. Examples of MASALA TV’s online services include MASALA TV Facebook page content, MASALA TV Youtube Channel and Videos, MASALA TV Twitter content and MASALA TV RSS Feeds among other services.

 

How you may use the MASALA TV’s online services depends on whether you are using these services for personal / non-business use or you are using these services for business use.

 

Please note: the MASALA TV may update these Terms from time to time so please review these pages regularly.

 

These terms of use (“Terms of Use“) tell you how you may use MASALA TV Online Services to access, view and/or listen to MASALA TV Content for your personal and non-business use so please read them carefully.

 

Additional terms which vary or supplement these Terms of Use may apply to your access of some MASALA TV Online Services (“Additional Terms“). If so, these Additional terms will be set out at the point of access to the relevant MASALA TV Online Services. If there is any inconsistency between the Additional Terms for a particular MASALA TV Online Service and the Terms of Use, the Additional Terms will prevail. These Terms of Use and any Additional Terms are collectively referred to as “Terms“. The MASALA TV may update the Terms from time to time so please review the relevant pages regularly. If you access MASALA TV Online Services, you agree to be legally bound by whichever version of the Terms is in force at such time.

 

PERSONAL / NON-BUSINESS USE

These Terms of Use apply solely to non-business users of MASALA TV Online Services. If you are accessing and/or using MASALA TV Online Services in a business capacity, please read the Terms of Use of MASALA TV Online Services for Business Users.

 

MASALA TV Online Services are made available to you by Hum Network Limited (HNL). Any reference in the Terms to “you” or “your” means you as a non-business user of MASALA TV Online Services.

 

If you have any comments or complaints about MASALA TV Online Services, you can contact the MASALA TV.

 

If you receive any enquiries which relate to the MASALA TV, any MASALA TV Online Service and/or MASALA TV Content, you should promptly refer such enquiries to the MASALA TV.

 

If you think that MASALA TV Content and/or any MASALA TV Online Service should not be appearing on a website, blog or service then please contact us.

 

Please also read the MASALA TV’s Privacy Policy, which explains how the MASALA TV uses any information about you that it receives.  If there is any inconsistency between the Privacy Policy and the Terms, the Terms will prevail.

 

MASALA TV Content” means audio, video, text, images or other content made available by the MASALA TV to you through MASALA TV Online Services and may sometimes include content which is owned or controlled by third parties which the MASALA TV is permitted to make available to you through the relevant MASALA TV Online Service.

 

MASALA TV Content is selected, edited, updated and made available to you by the MASALA TV through MASALA TV Online Services at its sole discretion. The period of time during which you may access, view and/or listen to MASALA TV Content using MASALA TV Online Services may vary. This is usually because of agreements which the MASALA TV has with owners of rights in parts of MASALA TV Content.

 

If you comply with these Terms of Use and any applicable Additional Terms and with all relevant laws (for instance, copyright law), you may use MASALA TV Online Services to access, view and/or listen to MASALA TV Content for your personal and non-business use.

 

 

As mentioned above, these Terms of Use apply solely to non-business users of MASALA TV Online Services. If you are a business user, please read the Terms of Use of MASALA TV Online Services for Business Users.

 

 

General restrictions on how you may use MASALA TV Online Services to access, view and/or listen to MASALA TV Content

(a) You may not infringe or try to infringe the privacy or other rights of other MASALA TV Online Services users. This includes you storing or trying to store personal data or usage details of other MASALA TV Online Services users.

(b) You may not infringe any applicable law (for instance copyright law) when using MASALA TV Online Services to access, view or listen to MASALA TV Content.

(c) You may not subject the MASALA TV Online Services and/or the MASALA TV Content to any derogatory treatment or use them in such a way that would bring the MASALA TV into disrepute, or cause the MASALA TV to incur liability to any third party.

(d) You agree to use MASALA TV Online Services and access, download, view and/or listen to MASALA TV Content as supplied to you by the MASALA TV and you may not, and you may not assist anyone to, or attempt to, reverse engineer, decompile, disassemble, adapt, modify, copy, reproduce, lend, hire, rent, perform, sub-license, make available to the public, create derivative works from, broadcast, distribute, commercially exploit, transmit or otherwise use in any way MASALA TV Online Services and/or MASALA TV Content in whole or in part except to the extent permitted in these Terms of Use, any relevant Additional Terms and at law.

(e) You may not directly or indirectly charge others for accessing, viewing or listening to any MASALA TV Content, or commercialize or attempt to re-sell the MASALA TV Content in any way, which includes advertising or selling any goods and services which offer MASALA TV Content including any third party software applications.

(f) You may not directly or indirectly suggest any endorsement or approval by the MASALA TV of a product or service (for instance, a personal website) or any non-MASALA TV entity, product or content or any belief or opinion expressed within a product or service.

(g) You may not disrupt or try to disrupt MASALA TV Online Services. You agree not to use MASALA TV Online Services to distribute software viruses or other harmful programs, or use MASALA TV Online Services to engage in harmful, harassing or otherwise objectionable activity, including activity inhibiting access to MASALA TV Online Services by others.

(h) You may not harass or cause distress or inconvenience to any other person using MASALA TV Online Services or transmit obscene or offensive content or disrupt the normal flow of dialogue within MASALA TV Online Services, in particular, on MASALA TV message boards and blogs.

(i) Additional Terms for particular MASALA TV Online Services may allow you to display the MASALA TV Content on your website, but you may not display MASALA TV Content where it is on or in connection with Excluded Products or Services, namely products or services which:

-contain pornography and sexually explicit content;

-contain offensive text or images;

-incite hatred whether based on race, religion, gender, sexuality or otherwise, or promote, encourage or facilitate anti-social behavior;

-contain gratuitous violence or promote, encourage or facilitate violence;

-promote, encourage or facilitate terrorism or other activities that risk national security;

-discriminate against any specific social group or otherwise exploit vulnerable sections of society;

promote, facilitate or encourage illegal activity;

-are misleading, defamatory, or that contain illegal, or otherwise actionable content under Pakistani law;

-put the welfare of children at risk;

-promote the tobacco industry or the armaments industry (including gun clubs);

-where presence of a MASALA TV application might be perceived as damaging the MASALA TV’s –reputation for accuracy and impartiality; and

-bring the MASALA TV into disrepute.

 

This list is not exhaustive and may be amended by the MASALA TV from time to time.

 

All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on MASALA TV Online Services and MASALA TV Content belong to the MASALA TV and Hum Network Limited (HNL). The MASALA TV reserves all of its rights in MASALA TV Content and MASALA TV Online Services. Nothing in the Terms grants you a right or license to use any trade mark, design right or copyright owned or controlled by the MASALA TV or any other third party except as expressly provided in the Terms.

 

The MASALA TV may invite you to make, share or submit your own, original contributions to MASALA TV Online Services. These Terms of Use and any Additional Terms for particular MASALA TV Online Services set out the rules governing how you may do so and how the MASALA TV may use your contribution. Your contribution may include text, photographs, graphics, video or audio.

 

If you submit your contribution to the MASALA TV you must allow the MASALA TV to use the material in your contribution in any way it may reasonably choose on a free-of-charge basis in any media throughout the world. Any contributions you make may be moderated by the MASALA TV which means they may be reviewed, edited and/or removed. The MASALA TV reserves the right to remove any of your contributions if the MASALA TV believes that they do not comply with the Terms.

 

You grant the MASALA TV the right to change or edit the materials in your contribution for operational and editorial reasons. The MASALA TV may also share your contribution with trusted third parties, for instance with other users of MASALA TV Online Services or, in the case of news-related material, the MASALA TV may share your contribution with its partners.

 

Any copyright in your contribution will remain with you and this permission is not exclusive, so you can continue to use the material you contribute in any way including allowing others to use it.

 

You confirm that your contribution is your own original work, is not defamatory or unlawful and does not infringe anyone else’s rights (including privacy rights) and that it complies with the Terms. You also confirm that your contribution is made in your personal (rather than business) capacity and that such contribution does not unfairly promote or further any business activities and has not been contributed for commercial gain. You also confirm that you have the consent of anyone who is identifiable in your contribution or the consent of their parent/guardian if they are under 16.

 

The MASALA TV may need to contact you for administrative or verification purposes in relation to your contribution, or in relation to particular projects

 

Please do not endanger yourself or others, take any unnecessary risks or break any laws when creating any content you may share with the MASALA TV.

 

As part of your contribution, the MASALA TV may ask you to provide some personal information. Disclosure of this information shall be subject to terms set out in the MASALA TV’s Privacy Policy. The MASALA TV will keep your personal information secure. All personal information held by the MASALA TV will be held in accordance with the terms of applicable data protection laws.

 

If you do not want to grant the MASALA TV permission to use your contributions in accordance with the Terms, please do not share with or submit them to masala.tv.

 

You are solely responsible for paying all expenses you may incur when you access or use MASALA TV Online Services or access or download MASALA TV Content including your internet or data service provider charges and any excess charges to that provider if you have a limit on the amount of data you can download together with all costs of the equipment and software you need to connect to and use MASALA TV Online Services. Accessing and using some MASALA TV Online Services features to access, download, view or listen to MASALA TV Content (especially video or audio) may lead to substantial bandwidth. The MASALA TV is not responsible if your equipment or software is not compatible with any MASALA TV Online Service. MASALA TV Content may be streamed or downloaded to your device from servers owned and operated by the MASALA TV or (on behalf of the MASALA TV) by third-party content distribution networks to enhance your experience when you watch or listen to MASALA TV Content.

 

The MASALA TV does not guarantee that all MASALA TV Content and/or MASALA TV Online Services will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors and omissions.

 

The MASALA TV reserves its right to modify, suspend or discontinue all or part of any MASALA TV Online Service or any part of the MASALA TV Content without giving you any notice.

 

Any commentary, opinions or other materials included in MASALA TV Content are not intended to amount to advice on which you should rely.

 

The MASALA TV is not responsible for the following kinds of loss or damage which may arise from your use of MASALA TV Online Services:

-loss or damage suffered by you or someone else when the MASALA TV complies with the Terms;

loss or damage which is caused by the MASALA TV when it does not comply with the Terms but which the MASALA TV and you could not anticipate nor expect to happen when you started using MASALA TV Online Services;

-any loss which is indirect or a side effect of the main loss or damage and which the MASALA TV and you could not anticipate nor expect to happen when you started using MASALA TV Online Services, for instance if you lose revenue or salary, profit, opportunity or reputation;

-provided the MASALA TV complies with its Privacy Policy, any loss of data or damage to your device or software; and

-any loss or damage if MASALA TV Online Services are not provided to you or are interrupted or suspended or if the MASALA TV does not comply with the Terms because of events beyond the MASALA TV’s control, such as an act of God, accident, fire, lockout, strike or other official or unofficial labour dispute, civil commotion, rule or order or act of Government or other act or event beyond the reasonable control of the MASALA TV.

 

Nothing in the Terms excludes or limits either the MASALA TV’s or your liability for death or personal injury caused by negligence or for fraud.

 

As a consumer, you may have certain legal rights regarding claims in respect of losses caused by the MASALA TV’s negligence or the failure by the MASALA TV to carry out its obligations. Nothing in the Terms is intended to limit your legal rights as a consumer. For further information about your legal rights you can contact your local authority.

 

The MASALA TV reserves the right to stop making all or any part of the MASALA TV Online Services available to you with immediate effect and without notice if:

-in its sole reasonable opinion you are using the MASALA TV Content, MASALA TV Online Services and/or any other MASALA TV service, inappropriately (for instance harassing or causing distress or inconvenience to any other person), incompetently or in any way that may constitute derogatory treatment of the MASALA TV or might bring the MASALA TV into disrepute or in a way that might be considered to be prejudicial to the image of the MASALA TV

-you breach the Terms in a way that cannot be corrected, or you fail to correct a breach within a reasonable period of time if the MASALA TV asks you to do so; or

-there is, in the MASALA TV’s reasonable opinion, any reason why the MASALA TV Online Services must be withdrawn.

 

If the MASALA TV decides not to exercise or enforce any right that it has against you at a particular time, then this does not prevent the MASALA TV from later deciding to exercise or enforce that right.

 

If any part of the Terms is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from the Terms and the remaining parts of the Terms will continue to be enforceable.

 

The Terms do not create or infer any rights that are enforceable by any person who is not party to the Terms.

 

You may not assign, sub-license or otherwise transfer any of your rights and obligations in the Terms to any other person.

 

Any disputes arising out of the Terms will be governed by and interpreted in accordance with the laws of England and Wales (or the laws of Scotland or Northern Ireland if you live there). If you choose to bring proceedings in connection with the Terms you must do so in the courts of England and Wales unless you live in Scotland or Northern Ireland, in which case you can choose to bring proceedings there.

 

BUSINESS USE

These terms of use for Business Users (the “Business Terms of Use“) set out how Business User(s) may use MASALA TV Online Services to enable users of their product or service to access, view and/or listen to MASALA TV Content. Business Users in these Business Terms of Use are those who act in a business capacity (“Business User“). These Business Terms of Use apply solely to Business Users of MASALA TV Online Services.

 

Additional terms which vary or supplement these Business Terms of Use may apply to your use of some MASALA TV Online Services (“Additional Terms“). If so, these Additional terms will be set out at the point of access to the relevant MASALA TV Online Services. If there is any inconsistency between the Additional Terms for a particular MASALA TV Online Service and the Business Terms of Use, the Additional Terms will prevail. These Business Terms of Use and any Additional Terms are collectively referred to as “Business User Terms“. Any reference in the Business User Terms to “you” or “your” means you, as a Business User.

 

The MASALA TV may update the Business User Terms from time to time so please review them regularly. Business User agrees to be legally bound by whichever version of the Business User Terms is in force at the relevant time. By using MASALA TV Online Services, you indicate that you accept the Business User Terms and that you agree to comply with them. Your continued use of MASALA TV Online Services will be deemed acceptance of any subsequent revisions to the Business User Terms. If you do not agree with the Business User Terms or any revisions, please do not use MASALA TV Online Services.

 

MASALA TV Online Services are made available to Business Users under the Business User Terms by the Hum Network Limited (HNL).

 

MASALA TV Online Service(s)” are any MASALA TV or other MASALA TV-authorized internet services, websites, products and/or software applications that enable users of a Business User’s product or service to access, view and listen to MASALA TV Content on compatible devices and are identified as “MASALA TV Online Services” in Additional Terms. MASALA TV Online Services include the website at masala.tv, MASALA TV Facebook page content, MASALA TV Youtube Channel and Videos, MASALA TV Twitter content and MASALA TV RSS Feeds among other services.

 

MASALA TV Content” means audio, video, text, images or other content made available by the MASALA TV through MASALA TV Online Services and may sometimes include content which is owned or controlled by third parties which the MASALA TV is permitted to make available through the relevant MASALA TV Online Service.

 

If you have any comments or complaints about MASALA TV Online Services, you can contact the MASALA TV.

 

If you receive any enquiries which relate to the MASALA TV, any MASALA TV Online Service and/or MASALA TV Content, you should promptly refer such enquiries to the MASALA TV.

If you think that MASALA TV Content should not be appearing on a website, blog or service then please contact us.

 

Unless otherwise expressly stated in the Additional Terms of a particular MASALA TV Online Service:

-you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, distribute, lend, hire, sub-license, rent, perform, make a derivative work from, make available to the public, adapt, alter, edit, re-position, frame, rebrand, change or otherwise use in any way any MASALA TV Online Services and/or MASALA TV Content in whole or in part on your product or service or elsewhere or permit or assist any third party to do the same except to the extent permitted at law ;

-all copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in MASALA TV Online Services and/or MASALA TV Content shall remain vested in the MASALA TV or its licensors; and

-the names, images and logos identifying the MASALA TV, its licensors or third parties and their products and services in MASALA TV Online Services and/or MASALA TV Content are subject to copyright, design rights and trade marks (registered and unregistered) of the MASALA TV or any other relevant third party or licensor.

 

Except as expressly stated in the Additional Terms of a particular MASALA TV Online Service, all MASALA TV and/or licensor rights (including copyright, trade marks, patents, design rights and other intellectual property rights) in MASALA TV Online Services and/or MASALA TV Content are reserved by the MASALA TV as owner or on behalf of licensors as licensee, as appropriate and nothing in the Business User Terms operates to transfer or license these rights to Business Users. For the avoidance of doubt, nothing in the Business User Terms will operate to transfer or license any rights owned by the MASALA TV in any MASALA TV trade marks or logos and any rights owned by the MASALA TV as owner or on behalf of licensors as licensee as appropriate in MASALA TV Content.

 

Where the Business User’s acceptance of and compliance with the Business User Terms, the MASALA TV grants the Business User a royalty-free, non-transferable, non-exclusive license to use MASALA TV Online Services to enable users of the Business User’s product or service to access, view and/or listen to MASALA TV Content on the Business User’s product or service to the extent permitted by the Additional Terms; PROVIDED THAT the following conditions are satisfied:

-MASALA TV Online Services are used as an incidental or ancillary part of the Business User’s product or service and are not used to create pages or services that have a similar look and feel to a page on masala.tv and/or any MASALA TV Online Service;

-the Business User provides the MASALA TV with a MASALA TV Credit and MASALA TV Credit Link

the Business User’s product or service contains other third party services that are similar to the relevant MASALA TV Online Services;

-the Business User’s product or service is not an Excluded Product or Service and an Excluded Product or Service or an advertisement for an Excluded Product or Service is not placed on the same page as any MASALA TV Online Service;

-access to the MASALA TV Online Service and/or MASALA TV Content is made available to all users of the Business User’s product or service free of charge or, if there is no version of the Business User’s product or service made available to users free of charge, access to the MASALA TV Online Service and/or MASALA TV Content is made available to users at the lowest cost point for access to the Business User’s product or service. The Business User may not charge users incrementally to access any MASALA TV Online Service and/or MASALA TV Content or otherwise directly commercialize any MASALA TV Online Service and/or MASALA TV Content;

-all MASALA TV Online Services and/or MASALA TV Content on any Business User’s product or service are available to all users of the Business User’s product or service as made available by the MASALA TV and the Business User may not edit the MASALA TV Online Service and/or MASALA TV Content to create derivative or new editorial comprising parts or edits of any MASALA TV Online Service and/or MASALA TV Content on the Business User’s product or service;

-where content or links to any third party service (similar to any MASALA TV Online Service and/or MASALA TV Content) on the Business User’s product or service are labeled as being available free of charge or paid services (irrespective of the precise language or labeling used to communicate this), then the Business User will label the MASALA TV Online Service as being available free to view;

-the Business User acknowledges that the MASALA TV Online Service and MASALA TV Content is made available to the Business User and to the users of its product or service at the sole discretion, management, operational and editorial control of the MASALA TV. The MASALA TV reserves its right to interrupt, discontinue, remove or suspend the whole or part of any MASALA TV Online Service and/or MASALA TV Content from time to time for operational reasons, such as maintenance, network performance and volume of use or for other necessary and reasonable purposes such as for editorial purposes or in order to comply with applicable policy or regulation;

-the Business User will not give undue prominence to MASALA TV Online Services and/or MASALA TV Content on its product or service when compared to similar services or content of other third parties included on the Business User’s product or service;

.

In the Business User Terms, “Excluded Products or Services” are products and services which:

-contain pornography and sexually explicit content;

-contain offensive text or images;

-incite hatred whether based on race, religion, gender, sexuality or otherwise, or promote, encourage or facilitate anti-social behavior;

-contain gratuitous violence or promote, encourage or facilitate violence;

-promote, encourage or facilitate terrorism or other activities that risk national security;

-discriminate against any specific social group or otherwise exploit vulnerable sections of society;

-promote, facilitate or encourage illegal activity;

-are misleading, defamatory, or that contain illegal, or otherwise actionable content under Pakistan law;

-infringe individual privacy;

-put the welfare of children at risk;

-promote the tobacco industry or the armaments industry;

-might be perceived as damaging the MASALA TV’s reputation for accuracy and impartiality;

-and bring the MASALA TV into disrepute.

 

This list is not exhaustive and may be amended by the MASALA TV from time to time.

 

If you use a MASALA TV Online Service as may be permitted by particular Additional Terms, you must provide the MASALA TV with a credit in one of the following forms in a reasonably prominent location beside each MASALA TV Online Service and/or MASALA TV Content on your product or service:

-”Source – masala.tv – © [year] MASALA TV”; or

-”Reproduced under license from masala.tv – © [year] MASALA TV”

 

If you use MASALA TV Online Services as may be permitted by particular Additional Terms, you must provide a functional hyperlink back to the location of relevant MASALA TV Content in the form of the MASALA TV Credit (“MASALA TV Credit Link“). If it is not technically possible to provide a MASALA TV Credit Link, a MASALA TV Credit alone will be sufficient.

 

The Business User will ensure that all MASALA TV Credit Links will always be one click away from the relevant MASALA TV Content and that there will be no interstitial content between any MASALA TV Credit Link and the relevant MASALA TV Content.

 

The MASALA TV Online Service and/or MASALA TV Content will be made available in full on the Business User’s product or service by the Business User in accordance with the Business User Terms.

 

The Business User will ensure that its product or service is reasonably maintained and that its product or service accurately displays all MASALA TV Online Services and/or MASALA TV Content.

 

Where the MASALA TV Online Service (including MASALA TV Content) updates and/or changes from time to time, the Business User will:

-access the MASALA TV Online Service at the location authorized by the MASALA TV;

-unless the MASALA TV Online Service is unavailable, display the MASALA TV Online Service (including any MASALA TV Content) on the Business User’s product or service subject to reasonable technical delays as soon as the MASALA TV Online Service and/or MASALA TV Content become available at the location authorized by the MASALA TV and remove the MASALA TV Online Service and/or MASALA TV Content as soon as they are no longer available from the location provided; and

-update the MASALA TV Online Service (including any MASALA TV Content ) on the Business User’s product or service at the frequency as may be specified in the Additional Terms to ensure the MASALA TV Online Service (including any MASALA TV Content) available on the Business User’s product or service is accurate and up-to-date.

 

The Business User will not cause or permit any advertising, sponsorship or marketing to be displayed on any Business User’s product or service in such a way so that it is associated directly with any MASALA TV Online Services, MASALA TV Credit Link and/or MASALA TV Content; and/or is graphically or technically combined with any MASALA TV Online Service, MASALA TV Credit Link and/or MASALA TV Content; and/or is placed interstitially within the user’s journey from the MASALA TV Credit Links to the relevant MASALA TV website page on which the relevant MASALA TV Content is published.

 

The Business User will not claim nor imply that it has an exclusive relationship with the MASALA TV; that it offers exclusive access to MASALA TV Online Services and/or MASALA TV Content; or that the MASALA TV endorses any Business User’s product or service.

 

The Business User may not refer to the availability of the MASALA TV Online Services and/or MASALA TV Content on its product or service in any of its marketing and communication materials.

 

The Business User will ensure that there is no advertising, sponsorship or marketing placed directly over or next to any MASALA TV Online Service, MASALA TV Credit Link and/or MASALA TV Content on the Business User’s product or service. If any MASALA TV Online Service and/or MASALA TV Content form the majority of a page or view on the Business User’s product or service, then the Company will ensure that there is no advertising, sponsorship or other marketing placed on that same page or view.

 

The Business User will not issue any press release or make any other public announcement of its use of MASALA TV Online Services and/or in connection with MASALA TV Content without the prior written consent of the MASALA TV.

 

Save as expressly set out in the Business User Terms, the parties will each meet their own costs of performing their respective obligations under the Business User Terms.

 

At the reasonable request of the MASALA TV, the Business User will share with and provide to the MASALA TV months any data and market research relating to the use of the MASALA TV Online Services by users of the Business User’s product or service and this data as a proportion of overall use of the Business User’s product or service. This data and market research may include numbers of unique users using the MASALA TV Online Service on the Business User’s product or service, but this data will not include any data which contravenes applicable data protection or data security laws and will not identify any third parties.

 

Business User represents and warrants to the MASALA TV that:

-it has the full right, power and authority to enter into the Business User Terms;

-it will comply with all applicable laws and regulations;

-it will comply with its obligations under the Business User Terms;

-it will ensure that the MASALA TV Online Services (including any MASALA TV Content) are used accurately and are up-to-date and that the MASALA TV Online Services are available and enabled on the Business User’s product or service at all times when that product or service is available;

-it will ensure that the Business User’s product or service is reasonably maintained;

-it will not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, distribute, lend, hire, sub-license, rent, perform, make a derivative work from, make available to the public, adapt, alter, edit, re-position, frame, rebrand, change or otherwise use in any way any MASALA TV Online Services and/or MASALA TV Content in whole or in part on the Business User’s product or service or elsewhere or permit or assist any third party to do the same except to the extent permitted in the Additional Terms and at law; and

-it will not use the MASALA TV Online Services and/or provide access to MASALA TV Content in any way that could bring the MASALA TV into disrepute or otherwise cause the MASALA TV any loss or damage.

 

Except as expressly provided in the Business User Terms, neither party makes to the other any representations nor gives to the other any warranties (whether express or implied) to the extent permitted by applicable laws.

 

MASALA TV Online Services and MASALA TV Content including the information, names, images, pictures, logos and icons regarding or relating to the MASALA TV, its products and services (or to third party products and services), are provided on a free-of-charge, “as is” and on an “as available” basis. To the extent permitted by law, the MASALA TV excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, compatibility, security and accuracy. The MASALA TV does not guarantee the timeliness, completeness or performance of MASALA TV Online Services and/or MASALA TV Content.

 

While the MASALA TV tries to ensure that all MASALA TV Content is correct at the time of publication, no responsibility is accepted by or on behalf of the MASALA TV for any errors, omissions or inaccurate MASALA TV Content.

 

The MASALA TV does not warrant that the provision of MASALA TV Online Services and/or MASALA TV Content will be uninterrupted or error free, that defects will be corrected or that the MASALA TV Online Services and/or MASALA TV Content are free of viruses or bugs. Business User acknowledges that it is its responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy its particular requirements for the accuracy of data input and output.

 

MASALA TV Online Services and MASALA TV Content are made available on a free-of-charge, “as-is” and on an “as available” basis. Accordingly and to the extent permitted by law, the MASALA TV excludes all liability to the Business User for any loss or damage howsoever arising out of or in connection with the Business User Terms, including but not limited to any liability arising in relation to MASALA TV Online Services or MASALA TV Content or any virus or other contamination or any unavailability of MASALA TV Content or MASALA TV Online Services. In addition, the MASALA TV will not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise) arising out of or in connection with the Business User’s use of MASALA TV Online Services and/or in connection with MASALA TV Content under the Business User Terms:

-negligence;

-loss of data;

-loss of revenue or anticipated profits;

-loss of business;

-loss of opportunity;

-loss of goodwill or injury to reputation;

-losses suffered by third parties; or

-any indirect, consequential, special or exemplary damages arising from the use of MASALA TV Online Services and/or in connection with MASALA TV Content regardless of the relevant form of action.

 

Nothing in the Business User Terms limits or excludes either party’s liability for:

-death or personal injury caused by its negligence;

-fraud or fraudulent misrepresentation; or

-any other liability which cannot be excluded or limited under applicable law.

 

The Business User agrees to indemnify, hold harmless and defend the MASALA TV in respect of all damages, claims, demands, liabilities (including liability to third parties), losses, costs and expenses, including reasonable legal fees and costs, arising out of or as a result of any breach of the Business User Terms by the Business User or otherwise in connection with its use of the MASALA TV Online Services or in connection with MASALA TV Content or both.

 

The MASALA TV will be in no way liable to the Business User for any delay or failure in performance which is due to a so-called act of God, strike or other official or unofficial labor dispute, union action, riot or civil commotion or any other cause outside its reasonable control, including (without limitation) directives from the DCMS, OFCOM and the MASALA TV Trust or other government or regulatory body.

 

 

The MASALA TV may terminate the Business User Terms at its sole discretion without cause at any time with immediate effect.

 

The Business User may terminate the Business User Terms at its sole discretion without cause at any time with immediate effect by ceasing to use MASALA TV Online Services to enable users of its product or service to access, view and/or listen to MASALA TV Content.

 

On the termination of the Business User Terms, all rights granted to the Business User under the Business User Terms will cease immediately and any use of the MASALA TV Online Services by the Business User on its product or service or otherwise will cease immediately.