Terms and Conditions
This user agreement (“User Agreement”) shall be read in conjunction and together with the Privacy Policy which forms an integral part of the User Agreement between MYMPCC and you (“User”, “You” or “Your”) in relation to Your access to use of the Services. The Service shall also mean and include the Subscription Service (as defined hereunder), if opted by User.
This User Agreement shall be considered as an “electronic records” as read and construed under Electronic Transaction Act, 2010 of Singapore and amendment thereof or as construed under equivalent local law of Your jurisdiction and rules thereunder as applicable. This User Agreement is generated by a computer system and does not require any physical or digital signatures.
User Agreement is a legal and binding agreement between the User of the Service and MYMPCC and states the terms that govern Your use and access of the Service. By accessing this Service, You consent, agree and undertake to abide, be bound by and adhere to the User Agreement and if You do not agree to these User Agreement, You should not access or use the Service. Your access to the Services shall be construed that you agree to the User Agreement. We reserve the right, at our sole discretion, to change, modify or otherwise alter this User Agreement at any time without prior notice. Such changes and/or modifications shall become effective immediately upon being posted/published on the Service herein. Your continued use of the Service following the posting of changes and/or modifications shall constitute Your acceptance of any revised User Agreement. We retain the right at any time to deny or suspend access to all or part of the Services to anyone who we believe will violate or has violated any of the terms of the User Agreement.
1. Terms of Use
User Agreement governs Your access of the Services and any features, branding, data, message, text, image, photographs, graphics, audio, sound, voice, codes, computer programmes, software, database, service information, any form of content (series, movies, sports, games etc.) as well as the interactive elements/features etc. that you utilize and host, publish, share, transact, display, upload and/or engage with in course of accessing and using the Services.
Service is offered and made available only to Users above the age of 18 years. By accessing and using the Services, you agree to the Age Suitability Terms. Access to and use of the Services is conditioned on your acceptance of and compliance with the User Agreement with Age Suitability Terms & Privacy Policy. By accessing or using the Services you agree to be bound by the User Agreement. We may also use YouTube API Services/SDK or any third party API services/SDK in some of our products as permitted under the terms of YouTube policies, that means if you are using a MYMPCC's service which makes use of YouTube APIs/SDK or any third party API/SDK services, then you are agreeing to the YouTube Terms of Service/Use or such or any third party Terms of Service/Use as well followed by this User Agreement. Please note that YouTube or third - party Terms of Service/Use, inter alia, clearly requires the user to ensure that any content so uploaded does not infringe the intellectual property rights of third parties.
2. Service Usage Terms
You must access and use the Services only if You can form a binding contract with MYMPCC and are not a person barred from receiving services under the laws of Singapore or other applicable jurisdiction. If You are accepting these terms of User Agreement and using the Services on behalf of a company, organization, government, or other legal entity, You represent and warrant that You are authorized to do so. You may use the Services only in compliance with the User Agreement, Age Suitability Terms & Privacy Policy, all applicable local, state, national, and international laws, rules and regulations.
Services offered to You are always evolving and the form and nature of the Services may change from time to time without prior notice to You. In addition, MYMPCC may stop (permanently or temporarily) providing the Services (or any features within the Services) to You without any prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to You.
To facilitate Your access and viewership, the Service, including the Subscription Services and any Content under the premium category, including without limitation the Subscription Service / premium service presently branded / marked as "MYMPCC Gold" can be packaged by MYMPCC through different models such as the 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 Service (including the Subscription Services).
Service can be availed through platforms, software and devices, which MYMPCC approves from time to time ("Compatible Source"). In some cases, whether a device is (or remains) a Compatible Source may depend on software or platform provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Source at one time may cease to be Compatible Source in the future.
Services (including Subscription Services as defined hereunder) may include interest-based ads which are online ads that are tailored to Your likely interests based on Your use of various apps and websites across the Internet. If You are using a browser, then cookies and web beacons can be used to collect information to help determine Your likely interests. If You are using a mobile device, tablet, or streaming media device that includes an advertising identifier, then that identifier can be used to help determine Your likely interests. The types and extent of advertising by MYMPCC on the Services are subject to change. In consideration for MYMPCC granting You access to and use of the Services, You agree that MYMPCC and its parent company, third party providers and partners may place such advertising on the Services or in connection with the display of any Content (defined hereunder) or information from the Services whether submitted by You, us or third parties.
3. Service Content and Third-Party Content on the Services
In addition to the content branded as MYMPCC Originals and other content fully owned by MYMPCC (collectively “Service Content”), we also host and transmit/distribute third party content (including advertisements) as provided by content owner/licensor/producer/aggregator/distributor on "as is" basis without any modification or involvement in creation of such third party content ("Third Party Content") (hereinafter “Service Content” and Third Party Content” shall be collectively referred to as “Content”). For such Third-Party Content, MYMPCC acts purely as an "Intermediary" as read and construed under Electronic Transaction Act, 2010 of Singapore or any relevant laws of Singapore or as construed under equivalent local laws of Your jurisdiction and rules thereunder as applicable. MYMPCC expressly excludes any kind of liability related to Third Party Content. Being an “Intermediary”, MYMPCC has no responsibility and / or liability with respect to any Third- Party Content on the Services, including without limitations, for intellectual property rights infringement, defamation, illegal content or any other violation under applicable law.
Content (subject to available rights) will be made available to You through different modes, at the discretion of MYMPCC, including via video on demand basis for viewing at the User's discretion at a time chosen by You and download for offline viewing by You. For downloading any Content, please note that: (a) the downloads are temporary in order to allow You to view the Content within a specified period of time and You shall not attempt to or actually make a permanent copy of the Content in any manner or form, and (b) not every Content may be available for download for offline viewing. Please note that the availability of, and Your ability to access, the Content or some part of Services, (a) is subject to our 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 User(s). On account of the nature of the Internet, the Services may also be accessed in various geographical locations; and You hereby agree and acknowledge that You are accessing the Services, at Your own risk, choice and initiative and You agree and undertake to ensure that Your use of the Services complies with all applicable laws including the local laws in Your jurisdiction. Further, the 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 MYMPCC may monitor or use certain technologies for monitoring of Your activities for the purpose of giving You better user experience or improvise the Service in accordance with our Privacy Policy.
MYMPCC may categorize and classify certain Content and provide disclaimers with respect to the Content, for viewers to choose such content for viewing. Some content offered on the Service may not be suitable for some users and therefore user’s discretion is advised. Also, some Content offered on the Services may not be appropriate for viewership by children. Parents and/or legal guardians are advised to comply with applicable laws and exercise discretion before allowing their children and/or wards to access Content on the Service. Please refer to our Age Suitability Policy as applicable to You if You use and access the Service.
MYMPCC does not pre-screen the Third- Party Content and has no obligation to monitor any Third- Party Content. Therefore, MYMPCC may not always have actual or specific knowledge of any Third- Party Content on the Services. However, MYMPCC at its discretion and in accordance with applicable law may monitor any Third- Party Content and may remove any Third- Party Content from the Services if MYMPCC determines in its sole discretion that such Third- Party Content is in violation of this User Agreement or any applicable law. MYMPCC, at its discretion, may review the Third Party-Content only when complaints are received from You or any third party. Such actions do not in any manner negate or dilute our position as an “Intermediary” or impose any liability on MYMPCC with respect to Third- Party Content. Any use or reliance on any Service Content or materials posted via the Services or obtained by You through the Services is at Your own risk.
MYMPCC does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Third-Party Content. You understand that by using the Services, You may be exposed to Third Party Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will MYMPCC be liable in any way for any Third- Party Content, including, but not limited to, any errors or omissions in any Third-Party Content, or any loss or damage of any kind incurred as a result of the use of any Third- Party Content made available via the Services or narrow casted elsewhere.
4. Subscription Services
Some of the Content under the premium category, presently branded / marked as "MYMPCC Gold", can be availed and accessed only by Users who have opted for any of the specific subscription plan as offered on the Service, from time to time ("Subscription User").We may offer different kinds of subscription plans (monthly, quarterly, half yearly, yearly or any other period as offered on the Service) each of these subscription plans will be subject to different limitations and restrictions, the cost and/or period of each of these subscription plans may vary (each as “Subscription Plan”). No free trial period shall be provided for subscribing the Subscription Plan and even after subscribing to the Subscription Plan unless otherwise offered by MYMPCC at its sole discretion.
We shall have the discretion to make certain Content that is a part of the subscription available to You on more than one end user compatible system concurrently. We shall also have the discretion to make certain Content whether forms a part of any subscription plan or otherwise, available to You under one Account and more than one device concurrently.
To become a Subscription User, You will be required to either create an account which will contain information like Your Apple and/or Facebook account and/or Google account, and/or mobile number, as the case may be (“Account”). Some of this information might need to be verified by You to proceed further through one-time-password to be sent to the User registered mobile number. You should at all times while accessing/using the Service (i) be a registered subscriber of MYMPCC; (ii) hold a valid Account (as defined above) with MYMPCC. If You have reason to believe that Your Account details have been obtained by another without consent, You should contact MYMPCC at [email protected] immediately to suspend Your Account and cancel any unauthorized subscription orders or payments (if any) that may be pending. Please be aware that subscription orders or payments (if any) can only be cancelled up until provision of Services has commenced. In the event that an unauthorized provision commences prior to Your notifying as required under this section of the unauthorized nature of the order or payment, We will suspend provision of Services and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined at sole discretion of MYMPCC, whether or not to cancel the Services and permit a full or partial refund of the payment for unauthorized order or revalidate Your Account post reverification and revalidation.
4A. Subscription Fee And Subscription Term
After successful creation of the Account, You will be required to pay a subscription fee for accessing the Service in the territory where You reside, depending on one or more of the subscription packages options as made available by MYMPCC from time-to-time (“Subscription Fee”).
The Subscription Fee specified for each Subscription plan is inclusive of applicable taxes.
You will be required to pay the Subscription Fee through the App purchases from Apple store or through other modes as prescribed or may be available. On successful completion of the payment towards the Subscription Fee and post authentication, Service subscribed by You will become active and You will be granted access to the Service. In certain cases, post completion of the payment of the Subscription Fee, Your Service activation may be delayed due to operational and/or technical reasons.
The subscription packages opted by You will be applicable for a specified period (“Subscription Term”) which may be either on monthly basis, quarterly basis or yearly basis, or as indicated on the MYMPCC, from the date You subscribed the Service. Service shall remain active for the relevant Subscription Term.
You can access the status of Your subscription anytime through the "Account" section on Your profile page.
We reserve the right to change, terminate or otherwise amend the subscription packages and/or Subscription Fees and/or billing cycles at our sole discretion and at any time. Such changes shall be effective/ applicable post completion of the ongoing Subscription Term already availed by the User.
In case of revision in the Subscription Fee for a particular membership plan or for any extension or renewal period, MYMPCC may give You an advance notice of such revision whether by way of notification on the Service itself or through Your registered e-mail or registered mobile number (as the case may be). Your continued use of the Service post such notification upon commencement of renewal or extension period, shall be construed as acceptance of the revised Subscription Fees.
The Subscription Fees paid are non-refundable irrespective of whether the Service have been availed and/or consumed. Your subscription plan will continue to remain active till the end of the Subscription Term, irrespective of when You cancel the Service. In event of any fraudulent transaction, we may refund the Subscription Fee during the Subscription Term post successful verification and confirmation from third-party payment gateways / service providers, engaged to process and facilitate the payment of the Subscription Fee, post which Your subscription will be deactivated, and Your access to Subscription Service shall be revoked. Any changes in the subscription plan opted by You is effective only after the expiry of the current Subscription Term for which You have already been billed. Accordingly, the Service as per revised plan opted by You shall be effective only after the expiry of the then current Subscription Term. In the event you decide to upgrade the existing / ongoing subscription pack, the terms for such subscription will be accordingly adjusted and extended for the additional term. Subject to the User opting for a subscription pack of higher value than the existing Subscription pack.
Post cancellation of Your subscription, if You wish to re-subscribe to the Service, You may do so from Your "Account" page.
4B. Terms For Billing, Payment And Cancellation
The Subscription Fee will be billed as per Your selected Payment Method (defined hereunder) for the subscription plan selected by You at the beginning of Your Subscription Term and on each subsequent renewal automatically (as per the subscription plan chosen by You) unless and until You cancel the Service, or the Service is otherwise suspended or discontinued pursuant to this User Agreement. To view/ check the commencement date for Your next renewal period or to cancel the Service, You need to visit the "Account" section on Your profile page. It may take a few days for Your payment made to MYMPCC to be reflected in Your "Account" section.
"Payment Method" shall mean all the approved methods as available to the Users to process and facilitate the payment of the Subscription Fee for accessing the Subscription Services.
You shall be governed by the Terms of Use and Privacy Policy of the third-party payment gateways / service providers, engaged to process and facilitate the payment of the Subscription Fee for accessing the Subscription Services.
You are responsible for the accuracy and authenticity of the information provided by You, including the bank account number/credit card details and any other information requested by the payment gateway service provider during the subscription process. We further clarify that We do not receive or collect any of Your financial information including bank account number, credit card and/or debit card number, one-time-password sent by Your bank, passwords, bank customer IDs etc., and will not be responsible for misuse of such information by anyone. You agree and acknowledge that MYMPCC 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/debit card/banking fraud.
You can file any complaint related to payment processing by writing to the third-party payment gateway / payment processing service provider, on the email provided by them.
Any and all payments made under the User Agreement are non-refundable, and we do not provide refunds or credits for any partial-month subscription periods for any and all reason except if You have reason to believe that Your Account details have been obtained by another without consent. In such an event, You should immediately contact the third-party payment gateway / payment processing service provider (on the email provided by them) for resolution.
5. Privacy Terms
The information that You provide to MYMPCC is subject to our Privacy Policy, governs our collection and use of Your information. You understand that through Your use of the Services You expressly consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to Singapore or any other countries of the world for storage, processing and use by MYMPCC. As part of providing You the Services, we may need to provide You with certain communications, such as service announcements and administrative messages. These communications are considered as part of the Services and Your MYMPCC account (if applicable).
6. Account Security
You are responsible for safeguarding the password or credentials that You use to access the Services and for any activities or actions under Your MYMPCC account. We encourage You to use "strong" passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with Your account and with other accounts that You may connect to Your MYMPCC account (such as Your social media account or Your email). MYMPCC cannot and will not be liable for any loss or damage arising from Your failure to comply with the above requirements.
7. Grant of License to Use the Services
MYMPCC gives You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Service that is provided to You by MYMPCC as part of the Services. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Services as provided by MYMPCC, in the manner permitted by the User Agreement. Save and except for accessing and using the Services as permitted herein, You shall not separately use any portion of the Services (such as codes, features, branding/trademarks/logos, look and feel, content, etc.) in any manner whatsoever without express written approval from MYMPCC.
8. Intellectual Property Rights
For the purpose this User Agreement, the terms "Intellectual Property Rights" shall mean all patents, trademarks, service marks, copyrights, database right, trade names, brand names, trade secrets, design rights and similar proprietary rights of MYMPCC and/or its licensors and/or other respective owners, whether registered or unregistered and all renewals and extensions.
The rights, title and interest in the Intellectual Property Rights in the Service including without limitation all its constituents, content, features, functions, text, images, audios, audio-visuals, literary work, artistic work, musical work, computer programme, dramatic work, sound recording, cinematograph film, artistic work, literary work, musical work, a video recording, gaming elements/content performance and broadcast as defined under the applicable laws, specifications, instructions, abstracts, summaries, audio commentaries/content, copy sketches, drawings, artwork, software, source code, object code, comments on the source code and object code, domain names, application names, designs, database, tools, icons, layout, programs, titles, names, manuals, graphics, animation, games, applications, user interface instructions, photographs, artist profiles, illustrations, jokes, memes, contests, gaming elements/content, interactive elements and all other elements, data, information and any other content/materials are the property of MYMPCC and/or its licensors and/or other respective owners and are protected, without limitation, pursuant to relevant Intellectual Property Rights laws of Singapore and the world. MYMPCC retains full, complete and absolute title to the Service and all Intellectual Property Rights therein.
The Service including any Content thereon shall be deemed to be non-exclusively licensed to You by us only for Your non-commercial personal use and only for such period as we may, in our sole discretion, deem appropriate. You shall not use, reproduce, redistribute, sell, offer on commercial rental, decompile, reverse engineer, disassemble, adapt, communicate to the public, make a derivative work, interfere with the integrity of the Service (including without limitation the software, coding, constituents, elements, Content, etc.) in any manner whatsoever.
You expressly confirm not to, directly or indirectly, copy, reproduce, modify, edit, re-edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, publish, distribute, circulate, communicate to the public, disseminate, broadcast, transmit, sell, rent, lease, lend, assign, license, sub-license, disassemble, decompile, reverse engineer, market, promote, circulate, exploit, digitally alter or manipulate the Service and/or any parts thereof (including any and all Materials therein) (in whole or in part) in any manner, medium or mode now know or hereinafter developed.
9. Conditions and Restrictions for Use of the Services
MYMPCC reserves the right at all times (but will not have an obligation) to remove or withdraw any Content (including Service Content and Third-Party Content) on the Services and to suspend or terminate User(s), and to reclaim profile URLs without liability to You.
MYMPCC also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the terms of User Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of MYMPCC, its users and the public. MYMPCC does not disclose personally identifying information to third parties except any anonymised aggregated data for the Services based on advertising model (excluding MYMPCC One Subscription) in accordance with our Privacy Policy.
You will not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, MYMPCC's software systems, or the technical delivery systems of MYMPCC's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by MYMPCC (and only pursuant to those terms and conditions), unless You have been specifically allowed to do so in a separate agreement with MYMPCC; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of the Content in such a manner as to interfere with or create an undue burden on the Services; or (vi) access or use the Service or the Content therein by means of any mechanism or technology which conceals Your actual geo-location or provides incorrect details of Your location [for example, use a virtual private network (VPN)].
10. Contests and Promotions
Any and all contests, promotions, surveys and campaigns hosted or conducted on the Service are subject to separate contest terms and conditions ("Contest and/or Promotion T&Cs") and You are requested to read the Contest and/or Promotion T&Cs as well as User Agreement before participating in the same and upon participation it shall be deemed that the participant has read and understood the Contest and/or Promotion T&Cs. User Agreement are deemed incorporated by reference into Contest and Promotion T&Cs provided in respect of a particular activity.
11. Indemnity
You agree to fully indemnify, defend and hold harmless MYMPCC, its affiliates, associates and group companies, and their respective directors, key managerial personnel, employees, officers, shareholders, agents, representatives, sub-contractors, consultants and third-party providers from and against all losses, claims and damages including legal fees, resulting from: (i) Your violation of any terms of the User Agreement; (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; (iv) 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; and (v) Your breach of any representation, warranty, covenant or undertaking under the User Agreement or under applicable law. This indemnification obligation will survive the expiry or termination of these User Agreement and Your use of the service.
12. Copyright Policy
MYMPCC respects the intellectual property rights of others and expects Users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If You believe that any Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) Your contact information and an email address; (v) a statement by You that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that You are authorized to act on behalf of the copyright owner.
MYMPCC reserves the right to remove any Third Party alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, MYMPCC will also terminate a User's account if the User is determined to be a repeat infringer.
13. Disclaimers and Limitations of Liability
You have read this section carefully since it limits the liability of MYMPCC and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "MYMPCC Entities"). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this section may not apply to You. Nothing in this section is intended to limit any rights You may have which may not be lawfully limited.
A. The Services are Available "AS-IS"
The access to and use of the Services or any Service Content is at Your own risk. You understand and agree that the Services are provided to You on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, MYMPCC Entities disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement.
MYMPCC Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to Your computer system, loss of data, or other harm that results from Your access to or use of the Services, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet Your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from MYMPCC Entities or through the Services, will create any warranty not expressly made herein.
B. Third Party Website Links
Services may contain links to third-party websites or resources. You acknowledge and agree that MYMPCC is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, advertisements, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by MYMPCC Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources.
C. Limitation of Liability
To the maximum extent permitted by applicable law, the MYMPCC Entities shall not be liable for any indirect, incidental, special, consequential or punitive damages or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from (i) Your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any Content obtained from the Services; or (iv) unauthorized access, use or alteration of Your transmissions or Content.
The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not the MYMPCC Entities have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
14. General Terms
The right, title and interest in and to the Services are and will remain the exclusive property of MYMPCC and its licensors/owners. The Services are protected by copyright, trademark, and other laws of Singapore and foreign countries. MYMPCC reserves all rights not expressly granted in these terms of User Agreement. You acknowledge and agree that any feedback, comments, or suggestions You may provide regarding MYMPCC or the Services are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to You.
A. Waiver and Severability
The failure of MYMPCC to enforce any right or provision of these terms of User Agreement will not be deemed a waiver of such right or provision. In the event that any provision of these terms of User Agreement is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these terms of User Agreement will remain in full force and effect.
B. Controlling Law and Jurisdiction
Terms and any actions related thereto will be governed by the laws of Singapore without regard to or application of its conflict of law provisions of Your state or country of residence. All claims, disputes, legal proceedings or litigations arising in connection with the Services will be brought solely in the competent courts of jurisdiction located in Singapore, and You consent to the jurisdiction of and venue of such courts and waive any objection as to the courts in Singapore being an inconvenient forum.
C. Entire Agreement
User Agreement and our Privacy Policy form the entire and exclusive agreement between MYMPCC and You regarding the Services (excluding any services for which You have a separate agreement with MYMPCC that is explicitly in addition or in place of the User Agreement), and the User Agreement supersedes and replaces any prior agreements between MYMPCC and You regarding the Services.
D. Changes
MYMPCC may revise, supplement, update and otherwise modify these terms from time to time without any further notification. Any updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be posted on the application and will be effective immediately after such posting. We recommend that you periodically check the application for the revised terms. Your continued use of the Services will be deemed to constitute Your acceptance of any and all such revised terms.
E. Survival
You acknowledge that Your representations, undertaking and warranties and the clauses related to indemnity, limitation of liability, grant of license, governing law, shall survive the efflux of time and termination of the terms of conditions/ User Agreement.
15. Grievance Officer
If You have any content complaints regarding any content available on the MYMPCC or complaints regarding use of the personal information under User Agreement and or Privacy Policy, you can register the complaint by writing to our Grievance Officer at [email protected]
16. Support
If you have any queries, suggestions, or operational/ technical issues, please reach out to us at [email protected]
BINDING TERMS GOVERNING AGE SUITABILITY FOR CONTENT CONSUMPTION
1. OBJECTIVE
MYMPCC objective is to:
- Protect children and youth from consuming content unsuitable for their age group;
- Educate the viewers/Users and create awareness;
- Helps determine the age groups by the public and the Users;
- Helping users select appropriate content for their children..
- Enabling viewer discretion and help the Users make informed viewing decisions while protecting interests of minors from unsuitable content.
2. ADHEARANCE BY THE USER
Since access of the Service is purely on voluntary basis to consume the content as per the User’s choice, We believe that it is important to make the User upfront aware of the fact that some Content offered on the Service may not be suitable for the Users falling in specific age group and therefore viewer discretion/parental discretion is advised.
Also, some content offered on the Service may not be appropriate for viewership by persons below 18 years old. For viewing the content rated as “A” the user must provide his consent and must verify that the user is above the age of 18 years.
Parents/legal guardians are advised to exercise discretion before allowing their children and/or wards to access the service and content thereof. Age-ratings and content descriptors for each content are available on the platform and also provided at the time of commencement of streaming of such content and the User is requested to go through the age ratings prior to exercising his/her discretion to watch the content. Please refer to the below age rating classification for viewership suitability.
Sr. No |
Classifications
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Description
|
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1
|
U
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Suitable for all
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2
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U/ A 7+
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Suitable for user aged 7 years and above and can be viewed by user below the age of 7 years under parental guidance.
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|
3
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U/ A 13+
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Suitable for user aged 13 years and above and can be viewed by user below the age of 13 years under parental guidance.
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|
4
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U/ A 16+
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Suitable for user aged 16 years and above and can be viewed by user below the age of 16 years under parental guidance.
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5
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A
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Restricted to adults (18 years and above).
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3. BINDING TERMS
If the User is under the Age of 18 years and continue accessing the Service, MYMPCC will assume that the User has provided his consent and further confirmed to be of 18 years and above and his/her parent/legal guardian have reviewed these terms as well as User Agreement the Privacy Policy the parent/legal guardian understands and agrees to all such terms on the User’s behalf. If User is under the Age of Majority at the time of accessing and/or using the Service, the User’s access of the Service shall be deemed to be subject to parental/legal guardian consent and under parental/legal guardian’s guidance at all times. The User and his/her parents/legal guardians confirm that these terms as well as the User Agreement and Privacy Policy shall constitute a legally binding agreement between MYMPCC and User/ User’s parents/guardians who are contracting on behalf of the User who has not yet attained the Age of Majority. Where Users are below the Age of Majority, all references to " User" shall mean and include the User and User’s parents/ legal guardians acting for and on User’s behalf.
Mutual Agreement Condition
- "M Plus Creation" is an On Demand Video Platform (OTT), which broadcasts movies, TV shows, web series, music videos etc. by buying or renting them from other production houses.
- The M Plus Creation produces/will produce Movies, TV Shows, Web Series, Music Videos etc. through its own production house.
- The M Plus Creation broadcasts/will broadcast the Movies, TV Shows, Web Series, Music Videos etc. produced by it on its own OTT Platform and sells/will sell to other OTT Platforms.
- The M Plus Creation is receiving investments from the Member / User for content creation or for carrying out its business activities subject to the following terms and conditions:
5.1- That the "Member / User" is participating in the content purchased/created by the "M Plus Creation" by investing.
5.2- That the "Member / User" is participating in the Content.
5.3 - That the "M Plus Creation" is receiving this amount as loan from the "Member / User".
5.4 - That the "Member / User" shall contribute this loan amount through Cheque/RTGS/NEFT for the above business transaction in favour of "M Plus Creation".
5.5 - That the "M Plus Creation" undertakes/shall endeavour to pay to the "Member / User" profits up to 200% at the rate of package per month, out of which the principal amount shall be amalgamated.
5.6 - That the loan amount given by the "Member / User" will be used by the "M Plus Creation" for the content to be produced/purchased by itself and the "M Plus Creation" is not bound to give its details to the "Member / User".
5.7 - That the rate at which the "M Plus Creation" repays the loan amount given by the "Member / User" per month
The "M Plus Creation" will have full right to increase/decrease that rate, in which the "Member / User" will have absolutely no right to interfere.
5.8 - That the "M Plus Creation" commits to repay the loan amount given by the "Member / User" with profit but in case of loss in business due to any reason, the "M Plus Creation" will indemnify the "Member / User". Will be bound to return the principal amount.
5.9 - That the said loan amount is given for commercial purpose, therefore, in case of loss in the business of "M Plus Creation" due to any reason, then "M Plus Creation" shall keep the said payment postponed till profit is made.
- This is to the full understanding of both the parties with respect to the subject matter of this Agreement and all previous oral and written negotiations and discussions are superseded.
- This agreement shall be binding on the parties and the permitted assignees and shall be inure to their benefit.
- That this Agreement shall be construed, interpreted and enforced in accordance with the laws of India. Exclusive of its conflicts of law provisions.
- That this Agreement shall be construed and interpreted in accordance with the laws of India, the courts of the jurisdiction only shall have exclusive jurisdiction in respect of any matter or dispute arising out of this Agreement from where the Company is registered, joint by the parties The dispute shall be resolved by binding arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 under the aegis of a formally appointed sole arbitrator.
- If any court of competent jurisdiction declares any term or provision of this Agreement to be invalid or unenforceable for any reason whatsoever. This Agreement shall remain in full force and effect and either
(a) the invalid or unenforceable provision shall be modified to the minimum extent necessary to make such provision valid and enforceable; or
(b) If no such modification is possible, this Agreement shall be interpreted as if such invalid or unenforceable had not been a part of this Agreement.
IN WITNESS WHEREOF this Agreement as of the effective date has been executed by the parties through their duly authorized officers.