Terms of Service
Welcome to ChuChu TV Nursery Rhymes App (“ChuChu TV App”, the “App”, or “ChuChu TV Nursery Rhymes App”) owned and developed by ChuChu TV Studios(“ChuChu TV Studios “, “we”, “us”, or “our”). The following Terms of Service, along with our Privacy Policy create a legal contract (the “agreement”) between you (“you” or “your”), on one hand, and ChuChu TV Studios, with main office in the state of Tamil Nadu (India), in the city of Chennai, at TVH Beliciaa Towers, Block 1,1st Floor, 94 MRC Nagar Main Road, RA Puram, Chennai – 600028, on the other hand, governing your use of all the content we provide through the App, (“Content”). By using or accessing the App, or subscribing to our Content (collectively “Use ChuChu TV App”, “Use of ChuChu TV App” or “Using ChuChu TV App”), you accept and agree to be bound by the terms and provisions of this agreement. In addition, when using this App, you shall be subject to any posted guidelines or rules applicable to the same, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
IF YOU DO NOT AGREE WITH THESE TERMS IN THEIR ENTIRETY, THEN YOU MAY NOT CONTINUE YOUR USE OF CHUCHU TV NURSERY RHYMES APP.
BY ENTERING THIS AGREEMENT, YOU SPECIFICALLY AGREE (I) THAT ARBITRATION IS THE EXCLUSIVE DISPUTE RESOLUTION METHOD FOR ALL YOUR DISPUTES WITH CHUCHU TV STUDIOS; AND (II) TO WAIVE ANY AND ALL OF YOUR RIGHTS TO PURSUE OR PARTICIPATE IN A CLASS ACTION AGAINST CHUCHU TV STUDIOS, ITS AFFILIATES, AND RELATED PARTIES WITH REGARDS TO THE APP AND/OR THE SITE.
PRIVACY
Please review our Privacy Policy, which also governs your use of ChuChu TV App, to understand our practices.
INTELLECTUAL PROPERTY RIGHTS
All content included in or made available through the App, such as songs, games, activities, text, graphics, images, music, videos and the trademarks, service marks, logos and button icons and other intellectual property rights related to the same contained therein is the property of or licensed to ChuChu TV Studios and subject to copyright and other intellectual property / other rights protected by India and international intellectual property laws.
LICENSE AND ACCESS
As a user of the App, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the APP (and it’s associated Content). We may terminate this license at any time for any reason, whatsoever. You may use the App and/or Content for your own personal, non-commercial use. No part of the App and/or Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the App, Content or any portion thereof. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect information from the App, or Content except as expressly permitted by us. We reserve any rights not explicitly granted in these Terms of Service. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the App and/or Content. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. As an App user, your license is provided solely for access to the App in order to obtain information about the App and/or the associated Content and to register for a subscription. Visitors of the Platform are not authorized to access any Products & Services or Content and/or data available to members.
COPYRIGHT COMPLAINTS
ChuChu TV Studios respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at support@chuchutv.com.
FREE SUBSCRIPTION PLAN
A limited number of songs and other content will be made available to the free users of the App with ads served from third party ad publishers and unlocking any additional content will require registering for subscription service.
SUBSCRIPTION SERVICE AND BILLING
Subscribed users will have complete access to all the content in the app. By agreeing to subscribe to ChuChu TV Nursery Rhymes App, you agree to pay the periodic subscription fee displayed within the App. Subscribed users are also required to agree to the terms and conditions of the specific payment method chosen to subscribe through Apple App Store/Google Play Store. All subscribed users will be automatically charged the subscription fees on a monthly, quarterly, half yearly or yearly basis by Apple/Google depending on which plan they have chosen. ChuChu TV Studios may change this subscription fee schedule at any time, at its own discretion. If you do not agree to this price change, you may cancel your subscription from the Apple iTunes Store/Google Play Store. Your continued Use of ChuChu TV App after the notice of change in fees constitutes your agreement to the new fees.
BILLING DISPUTES
Apple/Google takes care of all the billing and we DO NOT store your credit card information. Any billing disputes or queries can be submitted to Apple App Store/Google Play Store or to support@chuchutv.com.
APP PERMISSIONS
When you use the ChuChu TV App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
YOUR RESPONSIBILITY FOR EQUIPMENT AND RELATED COSTS
You are responsible for obtaining, maintaining and paying for all costs and fees associated with obtaining and maintaining all phone, computer hardware, Internet access services and other equipment or services needed to access and Use ChuChu TV App. You must provide all equipment and software necessary to connect to the App, and are responsible to ensure that the foregoing do not disturb or interfere with the App’s operations. If any upgrade in or to the App requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated in writing by ChuChu TV Studios, any new or additional features of the App, including the release of new content, shall be subject to these Terms of Service. We are not responsible for any loss or harm caused to your equipment or hardware for any Use of ChuChu TV App.
WARRANTY DISCLAIMER
YOUR USE OF THE APP IS SOLELY AT YOUR OWN RISK. THE APP AND THE ASSOCIATED CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND BY CHUCHU TV STUDIOS OR ITS AFFILIATES. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, EACH OF CHUCHU TV STUDIOS AND ITS AFFILIATES, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. THERE IS NO WARRANTY THAT THE CHUCHU TV APP WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. NEITHER CHUCHU TV STUDIOS NOR ITS AFFILIATES, WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CHUCHU TV APP WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE.
CHUCHU TV STUDIOS USES REASONABLE EFFORTS TO ENSURE THAT INFORMATION ABOUT ANY OF THE CONTENT ON THE CHUCHU TV APP ARE CORRECT. HOWEVER, CHUCHU TV STUDIOS CANNOT GUARANTEE THE ACCURACY OF SUCH INFORMATION AND WILL NOT BE LIABLE FOR ANY ERRORS, OMISSIONS OR OTHER DEFICIENCIES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTIES TO BE DISCLAIMED, THE ABOVE DISCLAIMER MAY NOT APPLY IN FULL TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, CHUCHU TV STUDIOS AND/OR ITS AFFILIATES SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMER AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOU, OR ANYONE ELSE USING THE CHUCHU TV APP WILL USE IT AT YOUR/HIS/HER OWN RISK OF PROPERTY AND PERSONAL INJURY, WHETHER SUCH INJURY IS FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, SEIZURES, VISION PROBLEMS, OR OTHER SYMPTOMS RELATED TO THE USE OF CHUCHU TV APP. IN FACT, YOU ACKNOWLEDGE THAT THE USE OF THE MEDIA AND CONTENTS WE PROVIDE MAY RESULT IN PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, SEIZURES OR VISION PROBLEMS, AND THAT YOU, AND ANYONE ELSE USING THE APP FROM YOUR DEVICE, IS FIT FOR SUCH USE.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNIFICATION OR OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE CHUCHU TV APP, IN ANY MANNER, FORESEEABLE OR OTHERWISE. ALSO, WE SHALL NOT BE LIABLE FOR YOUR OR ONE’S INABILITY TO ACCESS THE CHUCHU TV APP, NOR SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY AS TO ANY VIRUS OR MALICIOUS CODE ON YOUR OR THEIR DEVICES ALLEGEDLY RESULTING FROM THE USE OF CHUCHU TV APP; EVEN IF CHUCHU TV STUDIOS AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL CUMULATIVE LIABILITY OF CHUCHU TV STUDIOS, ITS AFFILIATES AND/OR THIRD PARTY SUPPLIERS TO YOU OR TO ANY THIRD PARTIES, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO AND WILL NOT EXCEED THE GREATER OF THE FEES YOU PAID TO CHUCHU TV STUDIOS (AND/OR ITS AFFILIATES) PURSUANT TO THIS AGREEMENT OVER THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, PORTIONS OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, CHUCHU TV STUDIOS AND/OR ITS AFFILIATES, SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE.
INDEMNIFICATION
You agree that you shall defend, indemnify and hold harmless ChuChu TV Studios and its officers, directors, shareholders, employees, independent contractors, agents, representatives, partners, licensors, suppliers and affiliates (collectively, “Affiliates”) and other users of the ChuChu TV App from and against all claims, actions, demands, liabilities, settlements and expenses, including, but not limited to, attorneys’ fees and costs, arising out of or related to: (i) any breach or violation by you of these Terms of Service or the Privacy Policy or any applicable law; (ii) your access or Use of ChuChu TV App; (iii) any third party’s access or Use of ChuChu TV App; and (iv) your use of any of the ChuChu TV Studios Content.
GOVERNING LAW
These Terms of Use will be interpreted and construed in accordance with the laws of Republic of India without reference to its rules of conflicts of law.
DISPUTES
ChuChu TV Studios and you agree to arbitrate all disputes between us, except disputes relating to the enforcement of our intellectual property rights. Dispute means any dispute, action or other controversy between you and us concerning the ChuChu TV App and the associated Content or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
In the event of a Dispute, You or ChuChu TV Studios must send to the other party a notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the Dispute, and the relief requested. You must send any notice of Dispute to ChuChu TV Studios, Attention: Legal/Arbitration Notice. We will send any notice of Dispute to you at the contact information we have for you.
Any Disputes arising out of the Terms of Use or from use of ChuChu TV App and the associated Content not settled by mutual agreement of the parties involved within fifteen (15) days after a party is provided written notice for settlement thereof shall be referred to arbitration of sole arbitrator appointed by ChuChu TV Studios under the Indian Arbitrator and Conciliation Act of 1996. The arbitration proceeding shall be conducted in Chennai, India and shall be governed by and constructed in accordance with the laws of India. The language of the arbitration shall be English. The costs and expenses of the arbitration shall be borne as decided pursuant to the award.
SEVERABILITY: If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
SURVIVAL: The provisions of these terms, which by their nature should survive the termination of these terms, shall survive such termination.
WAIVER: No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
ASSIGNMENT: These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ChuChu TV Studios without restriction.
FORCE MAJEURE: ChuChu TV Studios performance of its obligations under this agreement will be suspended for so long as ChuChu TV Studios is prevented from doing so by an Event of Force Majeure. “Event of Force Majeure” shall mean such events or circumstances, which are beyond the control of ChuChu TV Studios and which events could not have been reasonably foreseen or anticipated by ChuChu TV Studios upon the exercise of due care and diligence, including but not limited to ChuChu TV App’s operations being materially impaired, hampered, interrupted, prevented, suspended, postponed or discontinued due to the acts of God, earthquake, floods, riots, lockouts, war, civil disturbance, fire, accidents, armed conflict etc. government order or regulation, judicial order or decree (including without limitation injunctive relief, whether imposed on an industry wide basis or affecting ChuChu TV Studios alone), failure of technical facilities or substantial impairment in obtaining facilities which makes the rendering of ChuChu TV App beyond ChuChu TV Studios control.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
AMENDMENT
ChuChu TV Studios reserves the right, at any time and from time to time, to amend, supplement or modify the terms of these Terms of Service. We will post or display notices of material changes on the website and those changes will become effective fifteen (15) days after the date of posting. You are responsible for regularly reviewing the Terms of Service, including, without limitation, by checking the date of “Last Update” at the bottom of this document. Your continued use of the App after the changes become effective signifies your agreement to be bound by such modified Terms of Service. If you do not agree with the changes in the Terms of Service, your only recourse is stop using the App.
CONTACT
ChuChu TV Studios
Email: support@chuchutv.com
Last updated on November 09, 2017
