1. DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS.
M/s. Insight Media City (India) Private Limited, a Company incorporated under the Companies Act, 1956 (CIN – U92100KL2013PTC033573) having its Registered office at XI/234-B, Near Gandhi Square, Maneed, Piravom, Ernakulam – 686 664, Kerala, India and having its administrative office at B-6, ABM Towers, Kadavanthra, Ernakulam – 682 020, Kerala, India is the rightful, true and unencumbered owner of Flowers TV and may be referred by different prefixes or suffixes to Flowers TV, or any other word/phrase (hereinafter referred to as “Flowers TV”), which delivers, Website provides an online video service offering a selection of television shows, movies, clips, and other content (collectively, the “Content”) to any internet enabled devices, including but not limited to mobile devices, laptop, tablets, desktop, computing devices, portable hand held devices and so on; Our video service, the Content, our player for viewing the Content (the “Video Player”) and any other products, features, tools, materials, or other services (including third party branded services) offered from time to time by Flowers TV through a variety of Access Points are referred to collectively as the “Services.” The term “Access Points” refers to, collectively, the www.flowerstv.in website, applications, and other places where any Services are available, including websites and applications of Flowers TV third party distribution partners and other websites where users or website operators are permitted to embed or have otherwise licensed the Video Player.
The Content that will be made available to You, you will be granted a non-exclusive, non-transferable, non-sub licensable, revocable limited license to view the Content for your personal, non-commercial viewing, and that no right, title or interest in any Content will be deemed transferred to You. Please note that the availability of, and Your ability to access, the Content or some part of Services, (a) is subject to Flowers TV’s sole discretion and (b) may be dependent upon Your geographical location and (c) is on the condition that not all Content or Services will be available to all viewers. On account of the nature of the Internet, this Site and the Services may also be accessed in various geographical locations; and You hereby agree and acknowledge that You are accessing this Site and availing of the Services, at Your own risk, choice and initiative and You agree and undertake to ensure that Your use of the Site and the Services complies with all applicable laws including the local laws in Your jurisdiction. Further, such Services and Content may vary from place to place, time to time and device to device and would be subject to various parameters such as specifications, device, Internet availability and speed, bandwidth, etc. You agree and acknowledge that Flowers TV may monitor or use certain technologies for monitoring of activities including logging of Your IP address to ascertain and verify Your geographical location. To facilitate Your viewership and access, the Services can be packaged by Flowers TV through different models such as, Content or Services may be accessible (a) free of charge which may include advertisements or commercials or (b) via subscription through payment of a subscription fee or (c) a pay-per-view model with or without advertisements/commercials or (d) with a combination of the foregoing on the Site.
2. CHANGES TO THESE TERMS
We may need to make changes to these Terms from time to time for many reasons. For example, we may need to reflect updates in how the Services work or changes in the law. You should look at these Terms regularly, which are posted on the Flowers TV Site at Flowers TV.com/terms. In addition, you can access these Terms from Flowers TV applications. If we make a material change to these Terms, we will notify you by posting a notice on the Flowers TV Site. If you are a registered user, we will also send an email to the email address you most recently provided to us prior to the material change taking effect. Therefore, it is important that you keep your account information, including email address, updated. Any material change to these Terms will be effective automatically 30 days after the revised Terms are first posted or, for users who register or otherwise provide opt-in consent during this 30-day period, at the time of registration or consent, as applicable
3. ACCESS AND USE OF THE SERVICES
3.1. AGE LIMITATIONS.
Participation in any contest and or game on the Site conducted by Flowers TV or viewing of certain Content may be subject to further terms and conditions as may be notified by Flowers TV from time to time on the Site or otherwise.
3.3. YOUR LICENSE.
Flowers TV is pleased to grant you a non-exclusive limited license to use the Services, including accessing and viewing the Content on a streaming-only basis through the Video Player, for personal, non-commercial purposes as set forth in these Terms.
3.4. THE CONTENT.
You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, 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 including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Flowers TV in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Flowers TV in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Flowers TV. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. 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, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless expressly permitted by Flowers TV in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
3.5. THE VIDEO PLAYER.
You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the Access Point where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
3.6. EMBEDDING A VIDEO USING THE VIDEO PLAYER.
Where Flowers TV has incorporated an embed option in connection with Content on the Services, you may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to Flowers TV (in Flowers TV ‘s sole discretion), or (ii) links to infringing or unauthorized content (collectively, “Unsuitable Material”). You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. Flowers TV reserves the right to prevent embedding to any website or other location that Flowers TV finds inappropriate or objectionable (as determined by Flowers TV in its sole discretion).
You agree that Flowers TV owns and retains all rights to the Services. You further agree that the Content you access and view as part of the Services is owned or controlled by Flowers TV and Flowers TV ‘s licensors. The Services and the Content are protected by copyright, trademark, and other intellectual property laws.
3.8. YOUR RESPONSIBILITIES.
In order for us to keep the Services safe and available for everyone to use, we all have to follow the same rules of the road. You and other users must use the Services for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the Services, Content, Video Player and embedding restrictions detailed above, and further agree that you will not use the Services in a way that.
3.8.1. Violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
3.8.2. Uses technology or other means to access, index, frame or link to the Services (including the Content) that is not authorized by Flowers TV (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Services);
3.8.3. Involves accessing the Services (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content)
3.8.4. Introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
3.8.5. Damages, disables, overburdens, impairs, or gains unauthorized access to the Services, including Flowers TV ‘s servers, computer network, or user accounts;
3.8.6. Removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Services (including the Content);
3.8.7. Uses the Services to advertise or promote services that are not expressly approved in advance in writing by Flowers TV;
3.8.9. encourages conduct that would constitute a criminal offense or give rise to civil liability; If Flowers TV determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
3.9. NO SPAM/UNSOLICITED COMMUNICATIONS.
We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, you may not use the Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may employ technical measures to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post or otherwise send spam, advertising, or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Flowers TV and that the amount of such harm would be extremely difficult to measure.
3.10. SOFTWARE DOWNLOADS.
In order to participate in certain Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
3.12. INTERNET ACCESS CHARGES.
You are responsible for any costs you incur to access the internet.
Some of the Content made available on the Site can be availed only by registered Users who have registered under a subscription model (“Subscription User”). You may need to register Yourself on the Site to avail these services on a subscription model (“Subscription”). To become a Subscription User, You may be required to provide certain personal information to Flowers TV and may be required to make payments (“Subscription Fee”) as per the applicable membership plan through a debit card, credit card, internet banking or through, e- prepaid wallet or other payment method accepted by Flowers TV (“Payment Method(s)”) that You opted for during registration. Flowers TV will be using third party payment gateways to process and facilitate the payment of Your Subscription Fee to Flowers TV. On successful registration to the Subscription, Flowers TV will intimate You of the same. Flowers TV may offer different kinds of Subscription plans, each of these Subscription plans will be subject to different limitations and restrictions and the cost of each of these Subscription plans may vary.
5.1. The Subscription Fee will be billed at the beginning of Your Subscription membership or at the end of free trial period,
5.2. The Subscription Fees specified for each Subscription plan are inclusive of applicable taxes.
5.3. The Subscription Fees billed are non-refundable irrespective of whether the Subscription have been availed by You or not.
5.4. Any changes in the Subscription Plan opted by You is effective only after the expiry of the current Subscription period for which You have already been billed. Accordingly, the Subscription as per revised plan opted by You shall be effective only after the expiry of the then current Subscription period.
5.5. You also understand and acknowledge that Flowers TV only facilitates the third party payment gateway for processing of payments. This facility is managed by the third party payment gateway provider and You are required to follow all the terms and conditions of such third party payment gateway provider.
5.6. You are responsible for the accuracy and authenticity of the information provided by You, including the bank account number/credit card details and the like. You agree and acknowledge that Flowers TV shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.
5.7. Flowers TV reserves the right to change, terminate or otherwise amend the Subscription plans, Subscription Fees for the Subscription and billing cycles at its sole discretion and at any time. Such amendments shall be effective upon posting on the Site and Your continued use of the Service shall be deemed to be Your conclusive acceptance of such amendments.
5.8. Flowers TV reserves the right to change, supplement, alter or remove any of the Content that is subject to a Subscription Fee as it deems fit. Flowers TV does not guarantee the availability of a specific Content or a minimum Content that is subject to a Subscription Fee.
6. FREE TRIALS.
On occasion, we may be authorized to offer free trials to a particular subscription for certain qualifying users. If we offer you a free trial, the specific terms of your free trial will be stated in the material describing the particular free trial or during your sign-up. Certain limitations may exist with respect to combining free trials with any other offers. Flowers TV reserves the right to determine eligibility for free trials. To view the specific details regarding your free trial, if any, log in on the Flowers TV Site and click on Account under your account name. Once your free trial period ends, we will begin billing your Payment Method for your periodic subscription fees (plus any applicable taxes), unless you cancel prior to the end of your free trial. For that reason, unless otherwise indicated in the free trial description, you may be asked to set up a valid Payment Method when redeeming a free trial offer.
It is very important to understand that you will not receive a notice from Flowers TV that your free trial has ended and that payment for your subscription is due. If you wish to avoid charges to your Payment Method, you must cancel your subscription prior to midnight Eastern Time on the last day of your free trial period. You may cancel your subscription at any time as described in the “Ongoing Subscription and Cancellation” section of these Terms. We will continue to bill your Payment Method for your subscription on a recurring basis corresponding to the term of your subscription until you cancel or the account or applicable Service is otherwise suspended or discontinued pursuant to these Terms. To the extent subscriptions are offered in conjunction with purchases of, or payment for, third party products or services, you agree that Flowers TV will not be liable to you for any claims arising out of or related to your purchase or use of such third party products or services. If you cancel your subscription during a free trial or while using a promotional code or other credits, cancellation may be effective immediately.
7. ACCOUNTS AND REGISTRATION
You are responsible for all use of your account, including use of your account by other members of your household. By allowing others to access your account, you agree to be responsible for ensuring that they comply with these Terms and you agree to be responsible for their activity using the Services.
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any Flowers TV representative. Because you are responsible for all use of your account, including unauthorized use by any third party, please be very careful to guard the security of your password. Please also make sure to notify us if your registration information changes, in case we need to contact you.
You may find information on how to delete your Flowers TV account by logging in on the Flowers TV Site and clicking on Account under your account name, and then choosing “Update Personal Info.” Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account. Please note, if you are a subscriber you must first cancel your subscription before you will be able to delete your account. Please see the section “Ongoing Subscription and Cancellation” above for instructions on how to cancel your subscription.
8. COLLECTION AND USE OF PERSONAL INFORMATION
9. USER REVIEWS, COMMENTS, AND OTHER MATERIAL
9.1 YOUR POSTS.
As part of the Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) reviews, comments, or other materials (collectively, “User Material”). In order to keep the Services enjoyable for all of our users, you must adhere to the rules below.
Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material; or (ii) improperly claims the identity of another person. Please note that if you Post User Material on Flowers TV using a third party service, such as a social network or email provider, your first and last name or other user ID may appear to the public each time you Post. We advise that you do not, and you should also be careful if you decide to, Post additional personal information, such as your email address, telephone number, or street address.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Flowers TV the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Flowers TV will remove all User Material if we are properly notified that such User Material infringes on another person’s rights. You acknowledge that Flowers TV does not guarantee any confidentiality with respect to any User Material.
By Posting User Material, you are not forfeiting any ownership rights in such material to Flowers TV. After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant Flowers TV a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the Services and on other platforms and services worldwide, including on or through any Access Point, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to Flowers TV is non-exclusive (meaning you are not prohibited by us from licensing your User Material to anyone else in addition to Flowers TV), fully-paid, royalty-free (meaning that Flowers TV is not required to pay you for the use of your User Material), and sublicensable (so that Flowers TV is able to use its affiliates, subcontractors, and other partners, such as internet content delivery networks, to provide the Services). By Posting your User Material, you also hereby grant each user of the Services a non-exclusive, limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Services and under these Terms.
9.2 THIRD PARTY POSTS.
Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Flowers TV does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Flowers TV. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does Flowers TV assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against Flowers TV with respect to such User Material.
10. LINKED DESTINATIONS AND ADVERTISING
Part of this Site/Service contains advertising and other material submitted to us by third parties and/or links to third party sites and third party content. Although display of advertisements on the Site on request is subject to our terms and conditions, we expressly disclaim any liability arising out of the usage or viewing of these products or services advertised on our Site or the (third party) content made available / hosted on the third party sites. You agree and acknowledge that Flowers TV does not endorse or sponsor such third party sites, content, advertising or other material. This Site may contain articles contributed by several individuals. The views are exclusively their own and do not represent the views of Flowers TV, affiliates and/ or its management. All liability in respect of the above is excluded to the extent permitted by law including any implied terms. Indian law and jurisdiction applies with respect to contents of this Site. While using this website for information purposes or otherwise, users acknowledge and accept the above disclaimer.
Flowers TV is not responsible for the content or practices of any website or destination other than the Site, even if it links to the Site and even if the website or destination is operated by a company affiliated or otherwise connected with Flowers TV. By using the Services, You acknowledge and agree that Flowers TV is not responsible or liable to You for any content or other materials hosted and served from any website or destination other than the Site.
Flowers TV takes no responsibility for advertisements or any third party material posted on the Site nor does it take any responsibility for the products or services provided by advertisers. Any dealings You have with advertisers found while using the Services are between You and the advertiser, and You agree that Flowers TV is not liable for any loss or claim that You may have against an advertiser.
Flowers TV, the Flowers TV logo, and other Flowers TV marks, graphics, logos, scripts, and sounds are trademarks of Flowers TV. None of the Flowers TV trademarks may be copied, downloaded, or otherwise exploited.
12. UNSOLICITED SUBMISSIONS
It is Flowers TV ‘s policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. Flowers TV ‘s policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any Flowers TV creative work, including a film, series, story, title, or concept, would be purely coincidental.
If You have any questions, complaints or claims with respect to the Site and/or Services, then such correspondence should be directed to the address as given below.
Insight Media City (India) Private Limited
B6 – ABM Tower,
Cochin, Kerala, India – 682020
Email: support@Flowers TV.com
14. DISCLAIMER OF WARRANTIES
while we do our best to provide the optimal performance of the services, you agree that use of the services is at your own risk. the services, including the Flowers TV site, the content, the video player, user material, and any other materials contained on or provided through any access point, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. without limiting the foregoing, Flowers TV does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or noninfringement; or that the services will be uninterrupted, free of viruses and other harmful components, accurate, error free, or reliable.
15. LIMITATION OF LIABILITY
In no case shall Flowers TV, its directors, officers, employees, affiliates, agents, contractors, principals, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the services or any content or material thereof or for any other claim related in any way to your access of the site or use of the services or any content or material thereof, including, but not limited to, any errors or omissions in any content or material, or any loss or damage of any kind incurred as a result of the use of the services or any content or material thereof, even if advised of their possibility. where the laws do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, Flowers TV ‘s liability shall be limited to the extent permitted by law.
You agree to defend, indemnify and hold harmless Flowers TV, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) Your use of and access to the Services; (ii) Your violation of any term of these Terms and Conditions; (iii) Your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; (iv) Your breach of any applicable laws; and (v) any unauthorized, improper, illegal or wrongful use of Your Account by any person, including a third party, whether or not authorized or permitted by You. This indemnification obligation will survive the expiry or termination of these Terms and Conditions and Your use of the Service.
17. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
The relationship between You and Flowers TV shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of Your use of the Services. Notwithstanding the foregoing, You agree that (i) Flowers TV has the right to bring any proceedings before any court/forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum and (ii) any proceeding brought by You shall be under the jurisdiction of the Courts in Ernakulum, Kerala.
18. NO WAIVER.
If you see other parties violating these Terms, we would appreciate it if you would let us know at support@Flowers TV.com, Precisely how Flowers TV responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely upon Flowers TV ‘s precise response with respect to one party or one situation as any indication of what Flowers TV might do with respect to another party or another situation, even if the parties or situations appear to you to be similar. Similarly, if we fail to act in response to a violation of these Terms, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, Flowers TV ‘s decision to delay exercising or enforcing any right or remedy under these Terms shall not constitute a waiver of such right or remedy. Even if Flowers TV acts in a way that appears to you to be inconsistent with these Terms, Flowers TV ‘s action shall not be deemed a waiver or constructive amendment of these Terms.
19. INTEGRATION, AMENDMENT, SEVERABILITY, AND ELECTRONIC COMMUNICATIONS.
From time to time, we may communicate with you about the Services and these Terms electronically (e.g., emails to your registered email address, notices on the Flowers TV Site and other Access Points). You consent to receive electronic communications from Flowers TV and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. We recommend that you keep a copy of any electronic communications we send to you for your records.
Thank you for taking the time to read these Terms. By understanding and agreeing to follow these Terms, the experience will be better for all users. It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms, please contact us at: support@Flowers TV.com. Enjoy the Services!