The content on Blackin and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by Blackin and/or its licensors or group companies and are protected by applicable Indian and international copyright and other intellectual property laws. You acknowledge, understand and agree that you shall not have, nor be entitled to claim, any rights in and to the Website/ Application content/ services and/or any portion thereof. You agree not to copy, reproduce, duplicate, stream, capture, archive, upload, download, publish, broadcast, sell, resell, edit, modify, manipulate, translate, decompile, disassemble, reverse engineer or exploit for any purposes the content or any portion of Website/ Application, including, without limitation, the Content and the Marks, except as authorized by these TERMS or as otherwise authorized in writing by Blackin. In addition, You are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based on in any way the Content and the Marks, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, except as authorized by these TERMS or as otherwise authorized in writing by Blackin. You must abide by all copyright notices, information, and restrictions contained in or associated with any Content. You must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection or access control measure associated with the Content. You hereby agree that all intellectual property rights, title and interest in the user-generated content published or generated on Website/Application by You shall vest with Blackin.
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 Blackin is owned, controlled or licensed by or to the Company or its licensors, and is protected by the applicable laws. Content on Blackin 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, created or collated by the Company from the Source Content, may be granted by the Company to You for personal and non-commercial use strictly in accordance with these Terms and and the end user license agreement.
Unless otherwise specified, Blackin is available for individuals who have attained the age of majority in their jurisdiction. In the case of Indian jurisdiction, this service is restricted to Users below the age of 18 also referred to as minors. If You are under the relevant age of majority in Your jurisdiction, You may only access the Website/ Application and avail the Services only in accordance with applicable law which enables a minor in your jurisdiction to access such a service. In India, by browsing or downloading and/or installing and/or using Blackin, You represent and warrant that YOU are 18 years of age or older and in case YOU are less than 18 years of age, You have taken consent of Your parent or guardian. SOME CONTENT OFFERED ON THE SITE MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER’S DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE SITE MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY MINORS. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THIS WEBSITE.
The Blackin service and any content viewed through the service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your Blackin membership we grant you a limited, non-exclusive, non-transferable right to access the Blackin service and view Blackin content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances. You further agree not to use our packages for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction including but not limited to copyright laws. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in immediate termination of your Services and further actions and remedies as provided in law. Blackin shall have the discretion to make certain or all Content that is a part of the Subscription available to You on either one or limited number of end user device concurrently.
You will be solely responsible for obtaining and maintaining the Device and Internet connection needed in order to access and use Blackin and paying for all such charges in relation thereto. Internet charges will depend on the plan subscribed by You from the internet service provider. Blackin is compatible on selected operating systems and specific versions and Device(s). The download procedure of the Application shall be subject to the process specified by the operating system of Your Device(s). You need to have a Device connected with Internet for download of Blackin Application to begin and complete. Blackin shall not be responsible in case of any fluctuation in the Internet connection speed leading to corruption of Application file download or any delayed or defective download of the Application on Your Device(s). Blackin may, at its sole discretion, make bug fixes, updates for the installed Application. In the event Blackin has upgraded the Application or any features thereof, You will be required to update Your Device in order to make the Device compatible with such upgrades. Blackin shall not be responsible or liable to You in the event You are unable to access Blackin or view the Content on Blackin due to Your failure to upgrade Your Device.
5.1. You are eligible to access the Content and Source Content by registering with Blackin if and only, You comply with the following conditions:
5.2. You further represent and warrant that:
The fee/consideration charged by the Company for accessing the Content can be paid through the following form of payments: a) Online payment via Credit Card, Debit Card, Net Banking, UPI Payment, and through multiple online payment wallets such as Payzapp, Paytm, etc. You agree, understand, confirm and state that the details (whether of debit card, credit card, net banking, UPI Payment or payment through online wallets) provided by You to make payment and transact on Blackin will be correct, accurate and is owned by You. In the event You use a payment details belonging to any third party, then, You confirm that You have been authorized to or expressly permitted by such third party to use the said details/payment mode for making payments. The Company will not be liable for any payment fraud including any credit card/debit card fraud. The liability for use of a payment mode fraudulently will be on the User and the onus to ‘prove otherwise’ shall be exclusively on the User. In addition to all other remedies available under law and equity and as detailed under these Terms, the Company reserves the right to recover the cost of servicing, collection charges, attorney’s charges etc., from a User using Blackinfraudulently. Further, the Company reserves the right to initiate legal proceedings against such persons for fraudulent use of Blackin and any other unlawful acts or acts or omissions in breach of these terms and conditions