Jigsee

JIGSEE SERVICE AGREEMENT

THIS IS AN AGREEMENT BETWEEN YOU AND JIGSEE DIGITAL MEDIA (INDIA) PRIVATE LIMITED (WITH ITS AFFILIATES, WHICH INCLUDES JIGSEE INC, INCORPORATED IN CANADA - "JIGSEE" OR "WE") FOR THE USE OF THE JIGSEE SERVICE. PLEASE READ THESE TERMS OF USE, (INCLUDING, BUT NOT LIMITED TO, ANY CONTENT-SPECIFIC RULES OR USAGE PROVISIONS THAT MAY BE SPECIFIED ON ANY APPLICATION INTERFACE OR CONTENT DETAIL PAGE, IN ANY LINK FROM A CONTENT DETAIL PAGE, OR ON ANY HELP OR OTHER INFORMATIONAL PAGE FOR THE SERVICE), AND THE JIGSEE INDIA PRIVACY POLICY (COLLECTIVELY, THE "AGREEMENT") BEFORE USING SERVICE IF YOU USE THE JIGSEE SERVICE, YOU WILL BE BOUND BY EACH OF THE TERMS OF THE AGREEMENT.

1. THE SERVICE

The Jigsee Service contains a Mobile Video Application ('Application', also referred to as the 'Software' in Clause 4 below) that offers digitized streaming of audio and video content service (collectively the Service) on a Compatible Device (as defined below). The Service includes but is not limited to clips, movies, television shows, sporting events, news events, and other such audio visual content (collectively, "Digital Content") and other services under certain terms and conditions as set forth in this Agreement. The Service allows you to access and view Digital Content on your Compatible Device by streaming audio-visual content to it. As indicated herein below, some Digital Content may be available for streaming only in certain territories based on streaming rights made available to Jigsee by its content license partners.

2. COMPATIBLE DEVICES

In order to be able to stream Digital Content and to view Digital Content, you will need to use a mobile phone or a wireless hand-held device that has access to the internet, and which meets the system and compatibility requirements that we establish from time to time, and is otherwise capable of interacting with the Service (each such device, a "Compatible Device"). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.

3. DIGITAL CONTENT

  • General. The Service shall allow you to view the Digital Content on the Terms as contained herein and as may be specified on the information pages relating to the Digital Content that you will view at the time of streaming the Digital Content on to your Compatible Device. Although we do not charge you for the Service, you will be liable to pay your telecom carrier or your Internet Service Provider for the internet data usage time that you spend accessing the Service, at their applicable rates. From time to time, we may add or remove Digital Content from the Service and may change the basis on which Digital Content is available on the Service.
  • Usage Rules. Your use of Digital Content is based on streaming the Digital Content on your Compatible Device. Since the Digital Content is licensed to Us, your use of the Digital Content will also be subject to the license terms of such Digital Content.
  • License to Digital Content. Subject to your payment of any applicable fees (including applicable taxes) to access the internet from your Compatible Device and your compliance with all other terms we specify for Digital Content or the Service, Jigsee hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license, to view the Digital Content in accordance with the terms hereof, for Non-Commercial, Private Use only. As used herein, "Non-Commercial, Private Use" means a presentation of Digital Content for which no fee or consideration of any kind (other than that which you pay to view the Digital Content) is charged or received, which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge, or in any area or place which is generally accessible to the public) is limited to a private viewing for you and your invitees. Non-Commercial, Private Use specifically excludes any public presentation (e.g., a presentation in a dorm lounge, etc.) and any presentation by a place of public accommodation or other commercial establishment (e.g., a bar or restaurant), even if no fee is charged for viewing the Digital Content. The Digital Content will not reside on your Compatible Device but in order to make your viewing experience complete and seamless there may be instances where parts of the Digital Content may reside on your Compatible Device for periods longer than intended. In such cases you will have no right to deal with such parts of the Digital Content in any manner whatsoever.
  • Availability of Digital Content. Digital Content that you access from our Service will generally continue to be available to you for streaming from the Service, as applicable, but may become unavailable due to potential content provider licensing restrictions and for other reasons, and we will not be liable to you if the Digital Content becomes unavailable for further streaming.
  • Streaming and Risk of Loss. If you are unable to complete a stream or have any queries or concerns about the Service, please write to us at feedback@jigsee.com. f. Streaming. When you stream Digital Content, the resolution and quality of the Digital Content you receive will depend on a number of factors, including the type of Compatible Device on which you are streaming the Digital Content and your bandwidth, which may go up and down over the course of your viewing. If we detect that Digital Content we are streaming to you may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, we may decrease the resolution and file size of the Digital Content we stream to you in an effort to provide an uninterrupted viewing experience. While we strive to provide you a high quality viewing experience, we make no guarantee as to the resolution or quality of the Digital Content you will receive when streaming even if you have subscribed for a 3G data plan with your telecom carrier.
  • General Restrictions. You will not transfer, copy or deal with the Digital Content in any manner contrary to what is stated herein. In addition, you will not;
    • sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Digital Content to any third party;
    • remove or tamper with any proprietary notices or labels or any advertisements, if any, on the Digital Content;
    • attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the Service; and/or
    • use the Service (or any part thereof) or Digital Content for any commercial or illegal purpose.

4. APPLICATION / SOFTWARE

  • General. We may make available to you, from time to time, software / Application for your use in connection with the Service (any and all such software, individually and collectively, the "Software").
  • Use of the Software. You may use the Software only in connection with the Service. You will not separate any individual component of the Software for use other than in connection with the Service, will not incorporate any portion of it into your own programs or compile any portion of it in combination with your own programs, will not transfer it for use with another service, or use it, or any portion of it in any illegal manner. Provided however, you shall have the right to distribute it amongst your friends and acquaintances without any charge or cost, via Bluetooth or SMS for use as specified herein. We may discontinue some or all of any Software we provide, and we may terminate your right to use any Software at any time and in such event may modify it to make it inoperable, if you breach any of the terms of this Agreement.
  • No Reverse Engineering, De-compilation, or Disassembly. You will not, and you will not encourage, assist or authorize any other person to, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Software, whether in whole or in part, or create any derivative works from or of the Software.
  • Automatic Updates. In order to keep your Software up-to-date, Jigsee shall notify you whenever there is an upgrade to the Software on your Compatible Device. Failure to upgrade may affect the performance or availability of the Service.
  • Information Provided. The Software may provide Jigsee with data about your Compatible Device and its interaction with the Service (such as device type and unique device identifiers that allow us to link your Compatible Device to your Service account). The Software may also provide Jigsee with information related to the Digital Content you stream and your use of that Digital Content (such whether and when you viewed the Digital Content, which may, among other things, help us measure the viewing period). The information that we collect will be only used to better your access to the Service and to enhance your user experience.
  • Regulations. You agree to comply with all relevant laws, rules and regulations in connection with your use of the Service and the rights that we grant you to use the Software for the purpose of accessing the Service.

5. RESERVATION OF RIGHTS.

Except for the rights explicitly granted to you in this Agreement, all right, title and interest in the Service, Software, and Digital Content are reserved and retained by Jigsee and its licensors, and Jigsee and its licensors do not transfer any right, title or interest in the Service, Software, or Digital Content. You do not acquire any ownership rights in the Digital Content as a result of streaming Digital Content.

6. GEOGRAPHICAL RESTRICTIONS.

Due to restrictions placed on us by our content providers, some of the Service shall be available only to customers located in India.

7. ADDITIONAL TERMS

  • Termination. If you violate any of the terms or conditions of this Agreement, your rights under this Agreement will automatically terminate, and Jigsee may, in its discretion, immediately revoke your access to the Service. In such event, Jigsee shall have the right, to automatically discontinue your access to Digital Content from the Service.
  • Explicit Content. We have made best efforts to ensure that the Digital Content is not offensive, indecent or objectionable. Nevertheless, you agree to use the Service at your sole risk, and Jigsee shall have no liability to you for content that may be found to be offensive, indecent or objectionable. Content types (including genres, sub-genres, and categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that Jigsee does not guarantee their accuracy.
  • Modification of Service. Jigsee reserves the right to modify, suspend, or discontinue the Service, or any part thereof, at any time and your use of the Service after such change or modification denotes an unconditional acceptance of such modified Service by you.
  • Amendments. Jigsee reserves the right to make changes to this Agreement at any time. Your continued use of the Service following any such changes will constitute your acceptance of such changes.
  • Third-Party Beneficiaries. Content providers providing Digital Content that you view on the Service are intended third-party beneficiaries under this Agreement.
  • Damages Cap. In no event shall Jigsee be liable for any punitive, incidental or consequential damages arising out of or related to your use or inability to use the Software and / or the Service and/or the Digital Content. These limitations will apply to you even if the remedies fail of their essential purpose.
  • Disclaimer. We make no representations or warranties, including without limitation, all implied representations and warranties, with respect to the Software, Digital Content and the Services. Without limiting the generality of the foregoing, we disclaim any and all implied warranties of fitness for a particular purpose, merchantability, title and non-infringement in respect of the Software, Digital Content and the Service.
  • Copyright Notices. Please write to us at info@jigsee.com for any alleged copyright violation in connection with any of the Digital Content and we will remove such alleged infringing content upon receipt of your notice.
  • Intellectual Property Rights. All rights in respect of the Service and any part thereof, the Software and the Digital Content, including the trademarks, service marks and logos belong to Jigsee and its license partners and any unauthorized use by you of any of the above will expose you to a potential claim for infringement and any other action that may be available to Jigsee and / or its license partners, under applicable law. Further, you hereby indemnify Jigsee, its license partners and all their respective employees, directors, agents, representatives, servants etc., for any loss or damage suffered by any one or more of them as a result of any breach by you of any of the terms of this Agreement.

Copyright 2011 © Jigsee Inc. All rights are reserved.