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Terms of service
Please review the following terms and conditions.
GlobalTakeOff Subscription Agreement This Agreement This Agreement sets out the terms and conditions for a user intending to subscribe, avail or access the GlobalTakeOff services. The services provided by GlobalTakeOff pursuant to this Agreement are services which would be made available to a user upon payment of a charge for such services. The User is required to accept the terms and conditions of this Agreement to avail such access and services. The Services GlobalTakeOff provides online entertainment services (�Services�) such as access to digital content, including but not limited to audiovisual programmes, movies, music videos, linear television channels, events, soaps, serials, trailers and other audio visual programmes (�Content�) at a price and on the terms and conditions as set out in this Agreement. When the User accepts the terms of this AGreement, GlobalTakeOff provides the User with a limited, non-exclusive, non-transferable and non-assignable right and license to use the Services in accordance with the terms of this Agreement. The right and license so granted and the obligations under this Agreement may however be transferred by GlobalTakeOff to a third party upon written notice to the User and on terms no less favourable than those in this Agreement. Registration Every User is required to register with GlobalTakeOff and the Services. The User will be requored to provide certain information at the time of registration and will be assigned an account (�Account�) with a username and a password. Registration permits the User to subscribe to the Services and to purchase limited rights to the Content. The User agrees to provide accurate, complete and valid information at the time of registration and/or subscription and undertakes to keep such information current and updated. The User also undertakes to keep details of the Account and the password secret and safe from unauthorised and inappropriate use. The User acknowledges that GlobalTakeOff shall not be liable to the User or any third party for loss or misuse of the information relating to the Account or the password. GlobalTakeOff has the right to terminate the Service to any User if any information provided by such user is false, inaccurate or misleading. The User acknowledges that GlobalTakeOff will retain and maintain the registration information (including information relating to the credit card of the User) to maintain the User�s accounts and for billing purposes and the User expressly consents to the retention and use of such information by GlobalTakeOff. The Account The User is solely responsible for maintaining the confidentiality and security of the Account and is advised against revealing any Account information to any other person. The User is also singularly responsible for all activities that occur on or the Account and the User shall immediately notify GlobalTakeOff of any unauthorized use of the Account or any other breach of security. The User may change or retrieve a forgotten password at any time by following the instructions on the login page. GlobalTakeOff shall not be responsible for any losses arising from the unauthorized use of the Account. The User is responsible in all respects for any material purchased and received by the User and GlobalTakeOff shall not be liable in the event of any loss, destruction, or damage of any such material purchased by the User.. Subscription A User may avail the Services by subscribing to such services in accordance with the various subscription plans which may be offered by GlobalTakeOff from time to time. Different subscription plans will entitle a user to access different rights to the Services. The subscription plan will be automatically renewed after the expiry of the subscription period (month/quarter/year) as applicable until terminated by either the User or by GlobalTakeOff in accordance with the terms of this agreement. The monthly/quarterly/annual flat fee (as per the chosen plan) shall become due and payable every month/quarter/year (as applicable) until the termination of the subscription agreement and irrespective of whether or not the User you actually used the Service during any subscription period. A User may switchover from the existing subscription plan to another subscription plan at any time by notifying GlobalTakeOff. The subscription will be modified as soon as technically feasible and the settlement of accounts would be done on pro rata basis and shall be reflected in the next bill. GlobalTakeOff reserves the right to change any subscription plans from time to time. GlobalTakeOff will give existing subscribers reasonable notice of such changes. In the event that any change in / new subscription plan is not acceptable to the User, the User may terminate the subscription by sending an e-mail to such effect to [?] or by logging on to [?]and giving such notice of termination. Once cancelled or terminated, the plan will not be renewed in the next billing cycle and the User may continue to use any entitlements as per the existing plan until the expiration of the subscription period. If a User does not terminate the subscription plan, GlobalTakeOff will deem that the new subscription plan is acceptable to the User and will apply the new subscription plan from the next billing cycle. The User may terminate the subscription at anytime and such termination /cancellation of subscriptions will be effective on the completion of the month/quarter/year as applicable the current subscription plan. If a user cancels or terminates a subscription plan before its expiry, the cancellation will become effective from the next billing cycle as applicable to the subscription plan. GlobalTakeOff will not refund any unutilised price for any part of the Services. However, termination of the subscription shall not relieve the User of any obligations (including, but not limited to the payment for the Services) as set forth in this Agreement. Payment The User shall provide GlobalTakeOff with a valid credit card for the payment of all monies due and payable for the use of the Services and the User hereby expressly authorises GlobalTakeOff to bill, charge and collect against the said credit card for purchases and other transactions in respect of the Services. The User agrees to pay for all Services and subscriptions purchased through the Services as and when they become due and payable. GlobalTakeOff may bill /charge the User�s credit card for any fees or purchases or other charges and for any additional amounts (including any taxes and late fees, as applicable) as may have accrued to or incurred by or in connection with the Account and the use of the Services. GlobalTakeOff reserves the right to change the prices and availability of products and services from time to time. GlobalTakeOff will provide the User with reasonable notice before any such change. If the new prices and plans are not acceptable to the User, the User may terminate the subscription or the Agreement by contacting [?] or e-mailing [?] with written notice of cancellation/ termination. Such termination shall be effective from the next billing cycle (month/quarter/year). If no termination notice is given, GlobalTakeOff shall deem that the new terms are acceptable to the User and shall apply the same with effect from the next billing cycle (month/quarter/year). The User�s use of the Services includes the ability to enter into agreements and/or to make purchases electronically. The User expressly acknowledges and undertakes that any and all electronic submissions by the User shall be binding on the User and shall constitute the User�s intent to be bound by the terms of this Agreement and to comply with the payment requirements including payments for the purchase of any of the Services or charges in respect thereof and be liable to pay monies which may become due and payable in accordance with the terms of this Agreement. The User shall also be bound by electronic submissions in respect of all records relating to all transactions including notices of cancellation/ termination, policies, contracts, and applications. The User may request for information related to purchase transactions at any time by contacting [?]. However, GlobalTakeOff shall not send physical copies of any statements to any user. Transmission GlobalTakeOff will make all reasonable efforts to ensure that the Content reaches the User. The User acknowledges that at times this may be affected by things beyond the control of GlobalTakeOff due to force majeure including interruptions due to storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labour dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature and agrees that GlobalTakeOff shall not be liable for any delay or disruption caused by such interruptions. On occasion, technical problems may delay or prevent delivery of the product or services requisitioned by the User. GlobalTakeOff shall, at its exclusive option and discretion, either replace the product or servie which was not delivered or refund within a reasonable period the purchase price paid for such product or service. The User acknowledges that while using the Services, the User may encounter content that may be deemed offensive, indecent, or objectionable. The User agrees to use the Services at the sole risk and discretion of the User and that GlobalTakeOff shall not be liable to the User for any content that may be found to be offensive, indecent, or objectionable. The User acknowledges that some aspects of the Services entail the ongoing involvement of GlobalTakeOff and that interruptions or discontinuation may occur when GlobalTakeOff is implementing any changes to the Services and that the User may not be able to use the Services to the same extent as prior to such change or discontinuation and that GlobalTakeOff shall have no liability to the User in such case. GlobalTakeOff reserves the right to change, suspend, remove, or disable access to any Services, content, or other materials comprising any part of the Services at any time without notice. In no event will GlobalTakeOff be liable for the removal of or disabling of access to any such Services, content or materials under this Agreement. GlobalTakeOff may also impose limits on the use of or access to certain features or portions of the Services, in any case and without notice or liability. Restrictions The User acknowledges that the Services and the products purchased through the Services include a security framework which uses technology that protects digital information and limits the usage of the products and the Services to certain usage rules established by GlobalTakeOff and its licensors. The User shall be authorized to use the products and the Services only for personal and non-commercial use. The User shall not to attempt to, or assist another person to, circumvent reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by GlobalTakeOff for compliance purposes and GlobalTakeOff reserves the right to enforce the Usage Rules with or without notice to the user. Promotions GlobalTakeOff may offer users certain promotional offers from time to time. Entitlement to promotional offers shall be subject to the eligibility criteria set out in such offers. GlobalTakeOff reserves the right to change or terminate the promotional offers any time at its own discretion. A user who takes up a promotional benefit by virtue of his registration for a purchase plan and who subsequently terminates such purchase plan before the expiry of the plan shall be charged for the promotional benefit received by the User. System Requirements Use of the Services to access movies, music videos/audios or television programmes requires a compatible device, Internet access and certain software and may require obtaining updates or upgrades from time to time. The ability of the User to use the Services may be affected by the performance of these factors. High speed Internet access/Broadband is recommended for availing the use of the Services. Privacy Policy The Privacy Policy is incorporated into and forms a part of this Agreement. GlobalTakeOff may use any personal information provided pursuant to this agreement in accordance with the provisions of the Privacy Policy. Third Party materials and websites The User acknowledges that certain content, products and services available via the Services may include materials from third parties. In addition, GlobalTakeOff may provide links to certain third party websites. The User acknowledges and agrees that GlobalTakeOff shall not be responsible for examining or evaluating the content or accuracy of any such third-party material or websites. GlobalTakeOff does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Enforcement GlobalTakeOff reserves the right to take all necessary and appropriate steps to enforce and/or verify compliance with any part of this Agreement (including but not limited to GlobalTakeOff�s right to cooperate with any legal process relating to the User�s use of the Services and/or products, and/or a third party claim that the User�s use of the Services and/or Products is unlawful and/or infringes such third party�s rights). The User agrees that GlobalTakeOff has the right, without liability, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as GlobalTakeOff believes to be reasonably necessary or appropriate. Minor A user who is a minor under the age of 18 is required to review the terms of this Agreement a parent/guardian to ensure that the user and the parent/guardian understands these terms and conditions. Purchase of the Services by the User would require an authorized credit card holder (parent/guardian) to take responsibility and liability for payment of the Services used. Proprietary Rights The User acknowledges and agrees that the Services, including but not limited to graphics, audio and film clips and editorial content, contains proprietary information and material that is owned by GlobalTakeOff and/or its licensors and is protected by applicable intellectual property and other laws, including but not limited to copyright, trademark and other proprietary rights. The User shall not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with the terms of this Agreement. No portion of the Services may be reproduced in any form or by any means. The User agrees not to, in any manner, modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, and shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, trespass or burdening the network capacity. All copyright in and to the Services, including but not limited to Services and procducts (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), audio visual clips, films, graphics, images, animations, illustrations, editorial content and software are owned by GlobalTakeOff and/or its licensors. Any duplication or use of these in other electronic or printed publications is not permitted. The use of the software or any part of the Services, except for use of the Services as permitted in this Agreement is strictly prohibited and shall infringe on the intellectual property rights of GlobalTakeOff and/or its licensors. Infringement of these copyrights may subject the User to civil and criminal penalties, including monetary damages. GlobalTakeOff, the GlobalTakeOff logo and other GlobalTakeOff trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Globaltakeoff. The User is not granted any right or license with respect to any of the aforesaid trademarks and any use of such trademarks. Disclaimers GlobalTakeOff does not guarantee, represent, or warrant that the use of the Services will be uninterrupted or error-free and the User agrees that from time to time, GlobalTakeOff may remove or suspend the Services for indefinite periods of time, or cancel or terminate the Services at any time, with or without notice to the User. The User expressly agrees that the use of, or inability to use, the Services is at sole risk of the User. The Services and all products and services delivered to the User through the Services are provided on an �as is� and �as available� for the User�s use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Liability GlobalTakeOff , its directors, officers, employees, affiliates, agents, contractors, or licensors shall not be, at any time and for any reason whatsoever, liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from the User�s use of any of the Services or for any other claim related in any way to the use of the Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. In states or jurisdictions which do not allow the exclusion or the limitation of liability for consequential or incidental damages, GlobalTakeOff�s liability shall be limited to the extent permitted by law. GlobalTakeOff shall use reasonable efforts to protect information submitted by the user in connection with the Services. The User, however, acknowledges and agrees that the submission of such information is at the sole risk of the user and GlobalTakeOff hereby disclaims any and all liability to the User for any loss or liability relating to such information in any way. GlobalTakeOffdoes not represent or guarantee that the Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion and GlobalTakeOff disclaims any liability relating thereto and the User shall be solely responsible for backing up the User�s system. Waiver & Indemnity By using the Services, the User agrees to indemnify and hold GlobalTakeOff, its directors, officers, employees, affiliates, agents, contractors and licensors, harmless with respect to any claims arising out of the User�s breach of this agreement, use of the Services, or any action taken by GlobalTakeOff as part of its investigation of a suspected violation of this agreement or as a result of its finding that a violation of this agreement has occurred. The User shall not sue or recover any damages from GlobalTakeOff, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Services, or to take any other action during the investigation of a suspected violation or as a result of GlobalTakeOff conclusion that a violation of this agreement has occurred. This waiver and indemnity provision shall apply to all violations described in or contemplated by this agreement. Termination This Agreement or the User�s subscription may be terminated by GlobalTakeOff if the User fails or GlobalTakeOff suspects that the User has failed to comply with the any of the provisions, including but not limited to failure to make payment of fees due, failure to provide GlobalTakeOff with a valid credit card or with accurate and complete registration data, failure to safeguard Account information, or violation of the usage rules or any license to the software, of this Agreement. Alternatively, GlobalTakeOff may, at its discretion terminate the license to the software; and/or preclude access to the Services (or any part thereof). GlobalTakeOff may or may not give the User a notice of such termination. The User you will remain liable for all amounts due under the Account up to and including the date of termination. GlobalTakeOff reserves the right to modify, suspend, or discontinue the Services (or any part or content thereof) at any time with or without notice to the User and GlobalTakeOff shall not be liable to the User or to any third party upon exercise of such right. Modifications GlobalTakeOff reserves the unilateral right to, at any time, update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on the use of the Services. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be effective immediately and shall be deemed to be incorporated into this Agreement by reference. The User is advised to periodically review this Agreement to remain updated on the terms and conditions of this Agreement. The User�s continued use of the Services following such incorporation will be deemed to constitute the User�s acceptance of any and all such modifications. Notices GlobalTakeOff may notify the User with respect to the Service by sending an email message to the email address or by sending a letter via postal mail to the contact address listed in the Account contact information. Notices to GlobalTakeOff must be sent to [?] and all notices must clearly bear the name, account name, address, telephone number and e-mail of the User. Governing Law This Agreement is governed by the laws of the United States and the federal state of Georgia and is subject to the exclusive jurisdiction of the courts at Georgia. The User�s use of the Services may also be subject to other local, state, national, or international laws. The User expressly agrees that exclusive jurisdiction for any claim or dispute with GlobalTakeOff or relating in any way to the use of the Services rshall be of the courts of Georgia, United States of America.
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