This Terms & Conditions document is an agreement between Zignflix Digital Signage and its users, detailing the rules for using the website and services. Here's a brief summary:
Key Points:- Acceptance of Terms: By using the website or services, users agree to the terms. If they don't agree, they should stop using the site.
- Acceptance of Updates:Zignflix reserves the right to update these policies at any time which will be notified via email or in-app notifications. Continued use of our services after changes indicates acceptance.
- Eligibility:Users must be legally allowed to enter contracts (e.g., 18+ and not barred by law).
- User Conduct:Users must not engage in illegal activities, infringe intellectual property, spread harmful content (like viruses), or misuse the site.
- Shared Content Distribution:Users who share digital signage content via Zignflix agree that publicly shared content may be accessible by others. Zignflix is not liable for third-party use of publicly accessible content.
- Intellectual Property:Content on the site belongs to the company and cannot be copied or distributed without permission.
- Disclaimer:The site is provided "as is," without guarantees of accuracy, availability, or performance.
- Limitation of Liability:The company isn't responsible for damages caused by site usage, including issues like data loss or third-party conduct.
- Indemnity:Users must compensate the company for any legal claims caused by misuse of the site or violation of terms.
- Confidentiality Clause:Zignflix will maintain strict confidentiality of user data and will not disclose personal or business-sensitive information unless required by law or user consent is given.
- Data Transfer:Users consent to their data being transferred across international borders as part of communications.
- Inactive Accounts & Data Retention:Inactive accounts will be retained for 60 days, after which user data may be automatically deleted. If users wish to reactivate their accounts before this period, they must log in and request reactivation.
- Site Availability:The site may be unavailable at times due to maintenance or factors beyond the company's control.
- Discontinued Services:The company can stop offering a service without prior notice but may provide alternatives where possible.
Terms & Conditions
Overview
This Terms of Service Agreement ("Agreement") is entered into by and between Zignflix Digital Signage, registered address - First Floor, M Squared Building, Annex 1, Technopark Campus, Karyavattom, Thiruvananthapuram, Kerala 695581 ("Company") and you, and is made effective as of the date of your use of this website Zignflix.com ("Site") or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Zignflix.com as well as the products and/or services purchased or accessed through this Site (the "Services"). Whether you are simply browsing or using this Site or purchasing Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge, and agree to be bound by this Agreement our Privacy terms. The terms "we", "us" or "our" shall refer to Company. The terms "you", "your", "User" or "customer" shall refer to any individual or entity who accepts this Agreement, uses our Site, has access, or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. Company may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AS LAST REVISED, DO NOT USE (OR CONTINUE TO USE) THIS SITE OR THE SERVICES.
Eligibility
This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws applicable in your jurisdiction or any other relevant legal framework. If you are entering into this Agreement on behalf of a company or any corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, the Company finds that you do not have the legal authority to bind such a corporate entity, you will be personally responsible for the obligations contained in this Agreement.
User Jurisdiction & Compliance
Users are responsible for ensuring that their use of Zignflix complies with all applicable local, national, and international laws. Zignflix does not guarantee compliance with regulations outside of India. Users accessing the platform from other jurisdictions must ensure their activities comply with their local laws.
Rules Of User Conduct
By using this Site You acknowledge and agree that: Your use of this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules, and regulations.
Virus & Security Clause:
Users must not introduce viruses, malware, or any harmful content to Zignflix. Zignflix is not responsible for data loss due to third-party attacks or hacking incidents.
You will not use this Site in a manner that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in child pornography or the exploitation of children;
- Promotes, encourages or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
- Interferes with the operation of this Site;
- Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners, or other code, files, or programs designed to, or capable of, using many resources, disrupting, damaging, or limiting the functionality of any software or hardware.
You will not:
- Copy or distribute any part of this Site in any medium, except where expressly authorized by the Company.
- Copy or duplicate this Terms of Service agreement.
- Modify or alter any part of this Site or any of its related technologies.
- Access the Company's Content (as defined below) or User Content through any technology or means other than through this Site itself.
User-Generated Content & Liability
Users are responsible for any content they create, upload, or distribute on Zignflix. The Company reserves the right to remove any content deemed offensive, illegal, misleading, defamatory, or in violation of this Agreement, at its sole discretion. Zignflix is not liable for any harm caused by user-generated content. Users agree to indemnify the Company against any claims arising from their content.
Intellectual Property
In addition to the general rules above, the provisions in this Section apply specifically to your use of Companies Content posted to the Site. Company's Content on this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein ("Company's Content"), are owned by or licensed to Zignflix Digital Signage in perpetuity, and are subject to copyright, trademark, and/or patent protection. Companies Content is provided to you "as is", "as available" and "with all faults" for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Company. No right or licence under any copyright, trademark, patent or other proprietary right or licence is granted by this Agreement.
Disclaimer of Representations and Warranties
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE IS PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
Limitation of Liability
IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
Indemnification
Users agree to indemnify and hold harmless Zignflix, its officers, employees, agents, and affiliates against any claims, legal fees, penalties, damages, or regulatory fines arising from (i) their violation of this Agreement, (ii) misuse of the Services, (iii) breach of intellectual property rights, or (iv) any content they upload or share.
Data Transfers & Compliance with Global Laws
Zignflix may transfer, store, and process user data across jurisdictions, including outside India. We comply with applicable data protection laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), where applicable. By using our Services, you consent to the international transfer of your data in accordance with this policy.
Availability of Website
Subject to the terms and conditions of this Agreement and our policies, we shall use commercially reasonable efforts to attempt to provide this Site on a 24/7 basis. You acknowledge and agree that from time to time this Site may be inaccessible for any reason including, but not limited to, periodic maintenance, repairs or replacements that we undertake from time to time, or other causes beyond our control including, but not limited to, interruption or failure of telecommunication or digital transmission links or other failures. You acknowledge and agree that we have no control over the availability of this Site on a continuous or uninterrupted basis and that we assume no liability to you or any other party with regard thereto.
Discontinued Services
The company reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although the Company makes a great effort to maximise the lifespan of all its Services, there are times when a Service we offer will be discontinued. If that is the case, that product or service will no longer be supported by the Company. In such cases, the Company will either offer a comparable Service for you to migrate to or a refund. The company will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.
Refund Policy
All Zignflix subscription fees are non-refundable. Users assume responsibility for their purchase, and no refunds or credits will be issued for unused periods. For hardware purchased from Zignflix, exchanges are allowed within 10 days if the product is defective or damaged. Proof of purchase and original packaging are required. Accidental damage or misuse is not covered under the exchange policy. Users are responsible for the cost of returning defective items. Refunds (if applicable) will be issued excluding shipping costs.
No Third-Party Beneficiaries
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Publicity & Customer Reference
Zignflix reserves the right to list customer names/logos on Zignflix website and marketing materials unless users opt out by contacting zignflix@gmail.com.
Compliance with Local Laws
The company makes no representation or warranty that the content available on this Site is appropriate in every country or jurisdiction, and access to this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site are responsible for compliance with all local laws, rules, and regulations.
Governing Law
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of India, to the exclusion of conflict of law rules.
Governing Law & Dispute Resolution
This Agreement is governed by the laws of India. Any disputes shall first attempt to be resolved through negotiation. If unresolved, disputes will be subject to arbitration in accordance with the Arbitration and Conciliation Act, 1996 (India). The courts of India shall have jurisdiction over all matters.
Titles and Headings
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilised in any way to construe or interpret the agreement of the parties as otherwise set forth herein.
Severability
Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
Contact Information
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
Address
First Floor, M Squared Building, Annex 1, Technopark Campus,>
Karyavattom, Thiruvananthapuram, Kerala 695581
GST IN : 32ABJCS4225N1Z4
Mobile : +91 87140 99827
Email : zignflix@gmail.com
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