Desi Grounds Inc. grants you a license to view and use the particular channel(s) and/or package of channels to which you have subscribed and/or the downloadable content you have purchased (collectively, the "Content"). Payment for particular channel(s) and/or channel bundles subscriptions is made on a per channel/package per month basis, payment for downloadable content is made on a per download basis. You will automatically be charged the regularly recurring subscriber fee until you cancel your subscription (which you may do at any time) or until your subscription is cancelled by Desi Grounds. If you purchase a subscription to access a particular channel/channel bundles and cancel at any time during that subscription active period, Desi Grounds will not refund any of your subscription charges for that particular month. Desi Grounds has provided free demonstration video streams to test your ability to receive such video streams from Desi Grounds. It is required that you test these free demonstration video streams before subscribing to any Desi Grounds video channels. While you may cancel your subscription(s) at any time, Desi Grounds will not provide any refund to users for reasons related in any way to their ability to receive a satisfactory video stream from Desi Grounds.
Copyright
The Site Content and Site Code are owned by Desi Grounds and/or its licensors and content providers and are protected by applicable domestic and international copyright laws. Unless expressly permitted elsewhere in the Site by Desi Grounds, you shall not record, copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any of the Site Content or Code, in whole or in part. Any rights not expressly granted to you are reserved. Any violation of copyright laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Trademark
"Desi Grounds" is a trademark and service marks belonging to Desi Grounds. Any product, service, or trade name other than those owned by Desi Grounds that identify a third party as the source thereof may, even if not so indicated, be the service mark or trademark of that respective entity or individual. Any unauthorized use of the Desi Grounds Mark is strictly prohibited.License: Desi Grounds grants you a non-exclusive, non-transferable, limited right and license to access and use this Site, and view the Content subscribed to or purchased by you by way of one (1) computer connected to the Site over the Internet at any given time and in strict conformity with these Terms of Use. You may not publicly display any portion of the Site, or any films or other audiovisual or digital works available at this Site, without a written license signed by a party authorized to legally bind Desi Grounds to such a contractual arrangement. Any other use or exploitation of this Site, including the Site Content or Site Code, is strictly prohibited.
Fee-Based Service Charges: The Content on the Site is available either on a monthly subscriber fee basis (i.e., you must pay a monthly fee to access these channel(s)/package) or a per-download basis. These services are sometimes referred to herein as the "Fee-Based Services" or "Subscription Fee Services". Payment of a monthly subscription fee entitles you to watch the applicable channel(s)/package during the applicable month. Payment on a per-download basis entitles you to watch the applicable downloaded content unlimited number of times, unless otherwise provided with respect to a certain downloadable content. You agree to pay, using a valid credit card which Desi Grounds accepts, the subscription and/or download charges set forth on the Site, applicable taxes, and other charges incurred on your account in order to access these services. Desi Grounds reserves the right to increase fees, surcharges, and site subscription fees, or to institute new fees at any time, upon reasonable notice posted in advance on this Site. Desi Grounds will automatically charge your account for renewal of your monthly subscription. The renewal charge will be the same as the prior month charge, unless otherwise notified in advance. In the event Desi Grounds cannot charge your account, we reserve the right to terminate your access to the Fee-Based Services. In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Site, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access the Fee-Based Services. VAT stands for value added tax, which is charged on services sold by Desi Grounds within the European Union (EU). In accordance with the laws governing members of the European Union, Desi Grounds is obliged to charge VAT on all orders delivered to destinations in member countries of the EU. In general, VAT is charged in accordance with the local legislation in each member state.
Non-Commercial/Personal Use Limitation: Desi Grounds grants you this license for the limited purpose of personal use only, and not for any commercial purpose. No business entity (e.g., corporation, partnership, sole proprietorship) is licensed to use this Site, without prior written permission. You hereby agree not to use the Site, the materials, or any element or portion thereof (including, without limitation, e-mail addresses of users), for any commercial purpose whatsoever.
Nature of Services: Desi Grounds offers its Site services for entertainment purposes only. Desi Grounds does not warrant the truth or validity of the information contained on its site. You acknowledge and understand that, because of the possibility of human and mechanical error, mistakes or omissions in the data or information provided, delays or interruptions of the data or information stream from whatever cause, as well as other factors, Desi Grounds is not responsible for errors in or omissions from the information contained or accessed through the Site. All information and content on the Site are provided on an "as is" and as available basis without warranty of any kind, express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Nature of Content: Desi Grounds offers video and audio content of various types including, but not limited to, sports, news, drama, etc. Desi Grounds does not warrant that all content is appropriate for all age viewers. Minors should only access this Site with parental permission.
Free Trial Period: Desi Grounds may, from time to time and at its sole discretion offer a free trial period ("Free Period"). During the Free Period you may subscribe to certain channels, which shall be available at Desi Grounds's own discretion, free of charge, subject to the following: You agree to submit Desi Grounds with valid credit card information, which shall be used for collateral purpose only, and any other personal information requested for this purpose. The Free Period will commence on the day and time you have submitted Desi Grounds with the aforesaid information ("Commencement Date"). You agree that upon 30 days from the Commencement Date Desi Grounds shall be entitled to automatically charge your account for renewal of your monthly subscription unless you decide to terminate your Free Period and subject to Section 4.6. In the event Desi Grounds cannot charge your account, we reserve the right to terminate your access to the Fee-Based Services.
Username/Password: Desi Grounds may issue you a username and/or password for the purpose of accessing the Content or certain portions thereof, or services provided via the Site. You shall hold and secure any such username or password as strictly confidential. Accordingly, you shall not allow friends, family, business associates or other person access to or use of such username or password. Desi Grounds shall not be responsible whatsoever in the event that your password is misappropriated by a third party.
Reservation of Rights: Any rights not expressly granted by Desi Grounds herein are reserved. You may not download, modify, publish, transmit, transfer or sell, reproduce, create derivative works from or based on, distribute, perform, publicly display, or in any way exploit any of the Site Content, in whole or in part, without the prior written consent of a party authorized to bind Desi Grounds, except as expressly permitted in these Terms of Use.
Terms relating to Subscription offerings: Our Subscription offerings are available at different prices, as presented on our website and updated from time to time. We reserve the right to change those prices at any time. In any event, whatever the price, it will always be clearly marked on the subscription page for the channel/package/downloadable content and clearly marked when you enter your credit card information. A valid credit card is required to pay for the Subscription offerings. The Subscription fee will be charged only when you submit the credit card information to us. Once you subscribe to a particular video channel(s), you're not limited to watching it on one computer. You are limited to watching it on one computer at one time but can do so from multiple computers. We do, however, reserve the right to change that policy at any time and from time-to-time.
Terms relating to our Subscription Service: In order to subscribe to our subscription service you will need to enter your credit card information. However, and this is important, WE WILL BILL YOUR CREDIT CARD FOR THE SUBSCRIPTION FEE EACH AND EVERY MONTH THEREAFTER UNTIL YOU TELL US TO STOP (or until we decide to stop, whichever comes first). That way, you have continuous access to the video channel(s)/package that you have subscribed to. Upon your initial registration, you will receive from us an email notice that would provide the procedure to cancel your subscription. If you decide at some point that you want to cancel your subscription, which you can do at any time, just login to the Site, click on "Account Management" and change your subscription status to Cancel Subscription and follow any further directions. Please note that once you cancel your subscription, it will not actually expire until your next billing cycle. And, Desi Grounds will not provide you with a refund for the current month. So, what this means is, once we have charged you for a month, you pay for a month (and have access to the subscription for a month). Of course, once you cancel, you can re-subscribe at any time. In order to purchase our downloadable content you will need to enter your credit card information. However, and this is important, WE WILL BILL YOUR CREDIT CARD FOR THE DOWNLOADABLE CONTENT FEE ON A PER-DOWNLOAD BASIS AND ONCE YOU PURCHASED YOUR DOWNLOADABLE CONTENT, THE FEE SHALL BE NON-REFUNDABLE AND YOU SHALL NOT BE ABLE TO CANCEL YOUR BILLING REGARDING THE DOWNLOADABLE CONTENT. That way, you will be able to access the downloadable content that you have selected unlimited number of times, unless otherwise provided with respect to a certain downloadable content. Once you subscribe to our channel(s)/package, we will bill your credit card on the same date of each subsequent month (the "Payment Date"). For example, if you subscribe on May 15, we will bill your credit card on May 15 and again on June 15 and again on July 15 and so on. If the date on which you subscribed does not exist in certain future months/years (for instance, if you subscribe on January 31, what happens in February and April?), we will bill your credit card on the closest available day. So, in the above example, we would bill your credit card not on February 31 but on March 1 and, not on April 31 but on May 1. Should you elect to cancel your subscription and then re-subscribe at a later date, that later date will be your new Payment Date. Once you purchase our downloadable content, we will bill your credit card on the date of purchase. For example, if you purchase on May 15, we will bill your credit card on May 15. If the date on which you purchased does not exist in certain future months/years we will bill your credit card on the closest available day.
Terms Relating to Refunds: Desi Grounds does not provide refunds on subscription fees and/or download fees already paid. It is strongly recommended that you utilize the free preview channels available on Desi Grounds's Site to assess the quality of your viewing experience before subscribing to any video channels or purchasing any downloadable content.
As with any on-line interaction and electronic communication, there is an inherent risk involved in transmitting any information via the Internet. Desi Grounds does not and cannot guarantee that its system is free from hackers or viruses or that information provided by users to Desi Grounds will not be stolen or otherwise surreptitiously obtained. Desi Grounds is not responsible or liable for any infections or contamination of your system or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the materials contained on this Site. You hereby acknowledge and understand that such risk is inherent in interacting with any website, including this Site, and take full responsibility for any harm, danger or damage that result due to any such breach in security. Pursuant to these Terms of Use, Desi Grounds expressly disclaims any such liability. In addition, you agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and you shall be solely responsible for all charges related thereto and operations thereof.
Neither Desi Grounds nor any provider of content for the site or their respective agents warrant that the site will be uninterrupted or error free, free from viruses or security breaches; nor does Desi Grounds, any provider of content to the site, or their respective agents make any warranty as to the results to be obtained from use of the site. The site content is not guaranteed to be accurate, timely or verified. The Site and the Site's content are distributed on an "as is" and "as available" basis. Desi Grounds and its agents do not make any warranties of any kind, either express or implied, including, without limitation, warranties of title or warranties of merchantability or fitness for a particular purpose, with respect to the site, any content, or any goods or services sold through the site. You expressly agree that the entire risk as to the quality and performance of the site and the accuracy or completeness of the content or data made available via the Site is assumed solely by you.
Neither Desi Grounds nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Site.
Without waiving the exclusive governing law clause below, some jurisdictions do not allow exclusion of implied warranties or limitations of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such jurisdictions, the liability of Desi Grounds, third party content providers, and their respective agents shall be limited to the greatest extent permitted by law.
Links to Other Web Sites: Desi Grounds makes no representation whatsoever regarding the content of any other web sites which you may access from the Desi Grounds web Site. When you access a web site other than the Site, please understand that it is independent from Desi Grounds and that Desi Grounds has no control over the content on that web site. A link to a web site other than the Site does not mean that Desi Grounds endorses or accepts any responsibility for the content or use of such web site.
Termination: In addition to any other rights of the parties set forth herein, either you or Desi Grounds may cancel or terminate this Agreement at any time in accordance with the "Account Management" instructions. Desi Grounds also reserves the right to restrict, suspend or terminate your access to the Fee-Based Services in whole or in part, without notice, with respect to any breach or threatened breach of any portion of this Agreement. If Desi Grounds terminates this Agreement based on a breach of any portion of this Agreement, Desi Grounds reserves the right to refuse to provide a subscription or any Fee-Based Services to you in the future.
Notices: Notices by Desi Grounds to you may be given by means of a general posting at the Site. Notices (including questions, complaints, or legal notices) by you may be given by electronic messages or conventional mail, unless otherwise specified in these Terms of Use as follows: Governing Law and Jurisdiction. These Terms of Use are governed by the laws of of Canada, without regards to the conflict of laws principles thereof. You hereby consent to the exclusive jurisdiction and venue of the courts in Toronto, Canada in any and all claims or disputes arising out of or otherwise relating to these Terms of Use or this Site.
Full Integration: These Terms of Use constitute the entire agreement between you and Desi Grounds related to this Site. No prior or contemporaneous written, oral, and electronic representation, negotiation, or agreement form a part of this agreement, and these Terms of Use supersede all prior written, oral, or electronic agreements between you and Desi Grounds relating to this Site.
Written Agreement: These Terms of Use constitute a written agreement between you and Desi Grounds. A printed version of these Terms of Use, and of any notice given in electronic form related to this agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form. Desi Grounds makes no representation or warranty that the materials in this Site are legal, appropriate or available for use in all geographic locations. Those who choose to access this Site do so at their own risk and are responsible for compliance with any and all applicable local laws.
Electronic Form of Agreement: You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
Modifications: Desi Grounds has the right to modify this Agreement and any policies affecting the Site. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Desi Grounds in providing the Site, including without limitation (i) any change in the Content, or (ii) any change in the amount or type of fees associated with the Fee-Based Services, is to cancel your subscription in accordance with the subscription help instructions. Desi Grounds has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Fee-Based Services. Desi Grounds may also impose limits on certain features and services or restrict your access to parts or all of the Desi Grounds Site without notice or liability.
Desi Grounds respects our subscribers' rights to privacy online and will not share, sell or otherwise distribute your information to any third party without your prior consent. In order to process client requests with minimum delay, Desi Grounds may request information about you. Any information you provide to Desi Grounds, including your name, address, telephone number and e-mail address will only be used internally by Desi Grounds to process your membership, support requests and provide you with the best customer support
We do not sell, trade, or rent your information, both personally identifiable and aggregate data, to any parties outside of Desi Grounds. Your name and other personal information are only used to correspond with you.
Desi Grounds collects user's email addresses and reserves the right to send commercial email to all registered users. Users may opt-out of receiving future mailings by adjusting his/her profile settings on the Site.
Financial information that is collected is used only to check the users' qualifications for registration and to bill the user for products and services.
We use the IP address of Consumers to help diagnose problems with our server and to administer our Site. We use the IP address of Consumers to help identify their shopping cart.
We use cookies to keep track of shopping cart contents and/or referral information. "Cookies" are small pieces of information that are stored by your browser on your computer's hard drive. We use cookies to let you use our site easily and to let us keep track of certain statistical information that helps us improve the services available. You may set most browsers to notify you if you receive a cookie or you may choose to block cookies with your browser, but please note that if you choose to erase or block your cookies, you will need to re-enter your original user ID and password to gain access to certain parts of the Site.
You may choose whether or not to provide personal information to Desi Grounds. The notice we intend to provide on the Site where Desi Grounds collects personal information should help you to make this choice. If you choose not to provide the personal information we request, you can still visit some of Desi Grounds's Site, but you may be unable to access certain options, offers and services that involve our interaction with you.
This site has security measures in place to protect the loss, misuse and alteration of the information under our control. Security of information in transit to and from our web site is encrypted using SSL encryption protocols. We store all user information in secure databases protected via a variety of access controls as well as using encryption of sensitive information. This data is accessed only for the purposes specified in this privacy statement. Our secure server software is industry standard for secure e-commerce transactions. It encrypts all of your personal information including name, address, and credit card number, effectively locking off access as the information travels over the Internet. All customer credit cards are encrypted in our database.
We do not solicit or knowingly accept information from persons under the age of 18.
By using this web site, you consent to the terms of our Privacy Policy and to Desi Grounds's processing of personal information for the purposes set forth above. Should the Privacy Policy change, we intend to take every reasonable step to ensure that these changes are brought to your attention by posting all changes prominently on our Site for a reasonable period of time.
As a customer of Desi Grounds you may be provided with a unique identifier such as a username and password which is intended to authenticate your identity when accessing our systems. Such identifying items are intended to be secret and to be known, possessed, and used only by you. The effectiveness of these mechanisms for authenticating your identity are dependent upon your keeping them in your exclusive possession and upon your protecting them from the discovery, access, or possession of others. If you fail to keep such identifying information in your exclusive possession (i.e., you allow others to have knowledge or possession of your password or pin), you may bear responsibility for the actions of other persons who use this information in accessing our systems.