TERMS & CONDITION

Terms of Service : 

Thank you for downloading the XL Cinema AD application for your mobile device (the "App"). The XL Cinema AD App is provided by Brajma Intelligent Systems Pvt Ltd. (BISPL), ("XL Cinema AD", "we" "us" or "our''). These terms of service (these "Terms of Service") govern your ("you" "your'' or a "user") access to and use of the [XLCinema.in] website and its subdomains (collectively, the "Website"), the App, software and all services provided by XL Cinema AD via the App and Website (collectively, the "Services"). XL Cinema AD enables visually impaired users to listen to audio description tracks of the movie in theatre for motion pictures and other types of video ("Audio Track Files") on your compatible mobile device. The App uses audio recognition and synchronization technology to seamlessly match a studio-quality audio description track in the user's preferred language to the theater or other loudspeaker audio. These terms of service (as updated from time to time, the “Terms”) govern your access to and use of the XL Cinema AD Service (as defined below) and any sound recordings, videos, audio track, information, text, graphics or other content materials uploaded, downloaded or appearing on the Service whether utilised via the XL Cinema AD mobile app (the “App”) or via the XL Cinema AD website available at https://www.xlcinema.in (the “Website”), (the Website and the App together the “Service”). Please read these Terms carefully before downloading or using the Service. By accepting these Terms, you agree to be bound by them. If you do not understand the Terms, or do not accept any part of them, then you should not use the Service.  

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND XL Cinema AD ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION (SEE SECTION 17 "AGREEMENT TO ARBITRATE"). 

Acceptance of Terms : 

PLEASE REVIEW THESE TERMS OF SERVICE BEFORE USING THE APP OR ANY OF THE SERVICES, AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT. IF YOU ARE VIEWING THIS ON YOUR MOBILE DEVICE, YOU CAN ALSO VIEW THESE TERMS OF SERVICE VIA A WEB BROWSER AT https://www.xlcinema.in/ad/terms-of-service.html IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN DO NOT USE THE APP OR OUR SERVICES. BY USING OUR APP OR ANY OF OUR SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND HEREBY INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF SERVICE.

We reserve the right to change these Terms of Service from time to time for any reason, which shall be effected by posting of the updated Terms of Service to our Website; provided that any such changes shall only apply to your use of the App and other Services after the date of such change, unless you expressly accept retroactive application of such changes, via a click-through or signed agreement or otherwise.

Scope of Service : 

We may alter, suspend, or discontinue our Services in whole or in part, at any time and for any reason, without notice. The Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. To use the Services, you must have a compatible mobile device enabled with our App. In using our App and other Services, your mobile carrier's normal rates and charges apply. We are not responsible for any charges you incur from your mobile carrier because of use of the Services. You are responsible for ensuring that always while using the Service you are not in violation of your wireless data service agreement.

1.  The Service

1. The Service is a hosting service which allows registered users to upload, post and share sound recordings, links containing audio tracks, links of content, Audio description tracks, Dubbed Tracks, etc  which will be stored by us at the direction of registered users, and may be shared and made publicly available by registered users. As part of the Service, we may regularly update you on new content, features as well as to provide you with certain service announcements and administrative messages. We may, from time to time, release new versions of our App, release new tools, or introduce new services and/or features for the Service, which will be subject to these Terms, and any additional terms of service as may apply to such additional versions, tools, services, or features.
2. We reserve the right to suspend, discontinue, withdraw, take down or amend all or part of the Service and all or part of the content available on the Service at any time to, for example, reflect changes to the law or new technical developments, temporarily or permanently. Any changes will consider your reasonable interests, and we shall use our reasonable endeavours to notify you thereof in advance. Access to all or part of the Service may be restricted from time to time to allow for repairs, maintenance or updating. This may result in you not being able to use the Service until you have downloaded the latest version and accepted any new terms.

2.  Access/Use of the Service

3. You can access the Service either: Via the App or via the Website.
4. To use the service you must be eighteen (18) years old or older. By signing up for the Service you promise to us that you accept these Terms and that: (a) you are 18 years of age or over, or (b) you are 13 years of age or over and have permission to use the Service from your parent or legal guardian. If we reasonably believe that you do not sufficiently fulfil these criteria, we may suspend your use of the Service until you have provided us with acceptable proof of age.
5. We advise parents who permit their children to use the Service to be aware that the Service is not intended for children under 18. The content made available on the Service is user generated and may not be suitable for children.
6.  To access the Service, you may need to register with us. To register, you must provide us with certain information about yourself, such as your email address, birthday, a username and password of your choosing. In some cases (e.g. for some operating systems), you also need to allow us to access your address book and enable the geolocation function for us to provide the service. Your username will appear alongside any content you upload to the Service. You must make sure that your username complies with these Terms. Your registration with us is subject to our confirmation and will become valid when we either confirm your registration or activate your account.
7. We reserve the right to suspend or remove your account, cancel, reassign or disable your username or password and/or prohibit your use of the Service, without prior notice, if we (in our reasonable discretion) believe there may have been a breach of security or if activities occur on your account that we believe breach these Terms.
8. Access to and use of the Service requires a compatible device and internet connection. Although we are working to ensure that the Service is compatible across various devices, we cannot guarantee that the Service will work with all devices.
9. It is your responsibility to ensure that your device complies with the requirements. Your use of the Service may vary in functionality, availability and quality depending on the type of the device and the operating system that it uses, and XL Cinema AD accepts no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings and software).
10. It is your responsibility to pay for all costs and expenses that you may incur while using the Service (including, but not limited to, all telephone call or line charges or Internet data service access charges).

3.  Licence of the Service

11. Subject to your compliance with these Terms, XL Cinema AD grants you a limited, non-exclusive, personal, worldwide, royalty-free, non-transferable, non-assignable, non-re-saleable, and freely revocable licence to download the App and/or access and use the Service, subject to these Terms and the Privacy Policy.

4.  Prohibited Conduct :

12. As a condition of your use of the App, you will not use the App or Services for any purpose that is unlawful or prohibited by these Terms of Service. You may not use the App or Services in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party's use of the App or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the App and Services. You agree not, and will not permit any person or entity to: (i) use, or allow the use of, the Services for any unfair or deceptive practices or in contravention of any federal, state, local, foreign, or other applicable law, or rules and regulations of regulatory or administrative organizations; (ii) act in a fraudulent, tortious, malicious, or negligent manner when using the App or Services; (iii) obtain unauthorized access to any computer system through our Services or the App; (iv) introduce viruses, worms, Trojan horses and/or harmful code to the App or the Services; and (v) use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the Service, Audio Track Files or other Content. You may not use any proxy server or other geo-filtering circumvention service together with our App. You may not remove any Watermark. XL Cinema AD reserves the right, without prior notice and in its sole discretion, to decide whether your use of the App or Services violate these Terms of Service for any of the above reasons or for any other reason, and if XL Cinema AD does so, and/or terminate your access to any Services and license to use the App.

5.  Secured Content:

13. Secured content will mean all the content available to you on XL Cinema AD platform .
14. Online Store Account. Audio Track Files and other content as made available by its user ("Content") may be purchased through the App in connection with your iTunes account or Google Play account or such other account as we may permit from time to time (each an "Online Store Account") as applicable for your mobile device.
15. When you purchase a right or get it free to use secured Content, subject to the terms and conditions of these Terms of Service, XL Cinema AD grants you a limited, revocable, non-exclusive, non-sub licensable license to download or stream such Content for a single viewing unless multiple use license or subscription terms suggest otherwise of the applicable motion picture or other video content to a single mobile device solely for your personal, non-commercial use, through headphones. The foregoing license grant is not a sale of Content on XL Cinema AD or a sale of a copy of Content on XL Cinema AD, and XL Cinema AD, content owner and our partners and licensors retain all rights and interest in the Content. You will not own the Content on XL Cinema AD; your rights will be limited to the foregoing license regardless of the use of the word "purchase" or "sale". You agree to not otherwise copy, reproduce, distribute or use the Content on XL Cinema AD other than as expressly set forth herein. You will not sell, transfer, lease, modify, distribute or publicly perform the Content on XL Cinema AD in any manner and you will not exploit it commercially. You agree to not modify, circumvent any anti-copying features (including without limitation Watermarks), reformat or disassemble any Audio Track Files, or otherwise tamper with or modify any Content on XL Cinema AD or create any derivative works therefrom. We may remove any Content on XL Cinema AD from your copy of the App at any time following the completion of the applicable motion picture or other video content.
16. Other Content : Subject to these Terms of Service and any other agreement between you and XL Cinema AD, XL Cinema AD hereby grants to you a personal, non-exclusive, non-sub licensable right and license to access and use the Services, and all Content other than Content on XL Cinema AD (which is subject to the license above) therein, solely within the scope of your status as a user of our Services. The term "Content" means all information, text, images, data, links, or other material posted on the sections of our Services that are (i) publicly available and (ii) which you have the right to access, whether created by us or provided by a third party for display on our Services.
17. Watermarking : We may add a digital watermark ("Watermark") to any Audio Track Files that we make available to you through our App. You understand and agree that any Watermark will identify your individual copy of the Audio Track File. You understand that we may track Audio Track Files through their Watermarks. If you use any Audio Track File other than in accordance with these Terms of Service, we may trace any copies of the Audio Track File to you, and you understand that your use of such Audio Track Files could expose you to legal claims.
18. Pricing : With respect to all Content on XL Cinema AD purchases, except where noted otherwise, any list price will be set forth on the Services by the uploader of the content. Prices are subject to change at any time at the uploader's sole discretion.
19. Risk of Loss : Once we have made Content on XL Cinema AD available to you, you will bear the risk of loss for completing any download of Content on XL Cinema AD after purchase and for any loss of Content on XL Cinema AD you have downloaded, including any loss due to a file corruption or a device or hard drive crash. Until you first download the purchased Content on XL Cinema AD, such Content on XL Cinema AD will generally continue to be available for your one-time use but may become unavailable due to possible content provider licensing restrictions or other reasons, and XL Cinema AD will not be liable to you if Content on XL Cinema AD becomes unavailable for further download. You will not receive a full or partial refund of any fees already paid in such situations. Accordingly, we encourage you to download Content on XL Cinema AD promptly after purchase and use promptly after purchase. XL Cinema AD will post tentative expiration dates for the audio content and reserves the right to change the expiration date at its discretion. If audio is not used by expiration date it will be deleted and lost.
20. Payments : You must have a valid payment instrument on file in your Online Store Account in order to purchase Content on XL Cinema AD. If you are using your Online Store Account to access the XL Cinema AD Service, your default payment instrument will be the default payment instrument you use for purchases through your Online Store Account. If you want to designate a different payment instrument, you must change your authorized payment instrument through your applicable Online Store Account.
21. No Framing : Nothing contained on our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services or any Content on XL Cinema AD or other Content available for playing, performance, or display on our Services, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service : or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material played, performed or disp

6. XL Cinema AD Rights

22. As between you and us, all rights, titles and interests in and to the Service, including any and all trademarks and other intellectual property rights in and to the Service (excluding any User Content and other content uploaded or otherwise provided by users, subject only to the limited revocable rights granted hereunder) are and will remain the exclusive property of XL Cinema AD and its licensors. If you plan to use any of the above mentioned items owned by us, you must read and accept our XL Cinema AD Guidelines first.
23. Intellectual Property Rights of XL Cinema AD and You:

You agree and acknowledge that the structure, organization, and code used in conjunction with our Services are proprietary to XL Cinema AD and the Content on XL Cinema AD is proprietary to XL Cinema AD or its licensors. You shall not, and shall not permit any person or entity to: (i) use our Services or any Services on a service bureau, time sharing or any similar basis, or for the benefit of any other person or entity; (ii) alter, enhance, or make derivative works of the Services; or (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from, our Services or any software component of the XL Cinema AD Services. You shall not sell, transfer, publish, disclose, display or otherwise make available the XL Cinema AD Services including any modifications, enhancements, derivatives, and other software and materials provided hereunder by XL Cinema AD or copies thereof to others in violation of these Terms of Service. Unless otherwise noted, all Content on XL Cinema AD, and other Content contained on the Services is the property of XL Cinema AD and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners. You are responsible for any use of any Content on XL Cinema AD using any device activated with your phone number, even if a third party uses your device.

7.  Copyright, Reporting and Notice & Takedown Policy

24.  XL Cinema AD respects the intellectual property rights of others and expects users of the Service to do the same.
25.  If you discover any content on the Service that you believe infringes your copyright, please report this to us in writing including the following information: a statement that you have identified content on the Service that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act; a description of the copyright work that you claim has been infringed; a description of the content that you claim is infringing and exact details of where on the Service the content that you claim is infringing was found; your contact information including your full name, address and telephone number and a valid email address on which you can be contacted; a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and a statement by you that the information in your notice is accurate and that you are authorised to act on behalf of the owner of the exclusive right that is allegedly infringed. In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please also include the following: a declaration, under penalty of perjury, that you are the owner or authorised to act on behalf of the owner of the exclusive copyright that is allegedly infringed; and your electronic or physical signature (which may be a scanned copy).
26. Your notice should be sent to us or our designated copyright agent by email to kp.xlcinema@gmail.com with subject Copyright and by mail to the following address:

Attn: Copyright Team, c/o Brajma Intelligent systems private limited ,XL Cinema AD , boo2, ambiance caitriona, gurugram-122001

27. If you discover any content on the Service that you believe infringes any of your other proprietary rights (including but not limited to trademarks, or rights of personality), please report this by following the above guidelines and send your notice to kp.xlcinema@gmail.com  with subject marked: infringement and  by mail to the above mentioned postal address.
28. If you receive or encounter sound recordings or other content which you find offensive via the Service, or you believe a user is in violation of these Terms and/or the Privacy Policy, we recommend contacting the relevant user directly and attempting to reach a mutually agreeable solution. If this does not result in a satisfactory outcome, please report it to us via email to kp.xlcinema@gmail.com with subject Copyright or, if in relation to a sound recording available on the Service via the relevant ticket “Report” link. You understand that we may forward your notification to the author of the allegedly infringing content for a counter statement. We also reserve the right to transmit a user’s contact data to a rights owner who has substantiated an infringement by such user for the purposes of enforcing its statutory rights.

8. Advertising

The Service may contain advertising and we may display advertising to you in conjunction with your use of the Service.

9. Privacy

All personal data that you provide to us in connection with your use of the Service is collected, used and processed by us in strict accordance with applicable data protection laws and our Privacy Policy.

10. Third Party Services

The Service includes and links to features and services (including but not limited to, social applications like Facebook, YouTube, twitter and WhatsApp) that are provided by a third party. We do not control such third party sites or services and are not responsible for the content or functionality of such sites or services. Our inclusion of links does not imply any endorsement or association with their operators. The terms applicable to the use of such third party services will apply and we will not be responsible for anything that is done by you or the third party service provider in connection with your use of their service.

11. Termination

29. We may suspend or terminate your use of and access to the Service at any time and for any reason, in our sole discretion, including if we cease to provide the Service. Such suspension or termination shall be without prejudice to (and not be deemed a waiver of) any other claims that we may have against you. We shall use our reasonable endeavours to notify you in advance of any suspension or termination.
30. You may terminate your use of the Service at any time by deleting your account. Please note that, deleting the App from a device will not delete your account and profile, and any User Content that you have uploaded will remain on the XL Cinema AD Service. If you wish to delete your account then please send an email to Kp.xlcinema@gmail.com with the subject “delete account”.
31. In the event of such termination by either party, these Terms will terminate, but the following provisions will continue to apply: Sections 3,4, 6, 7, 9, 10, 12 and such other provisions which by their nature survive a termination.

12. Representations and Warranties

32. You promise to us that: your User Content will not infringe the rights of any third party, including any intellectual property rights, rights in confidential information or rights in privacy; you have obtained all necessary permissions and consents from any persons appearing in User Content; and your User Content will comply with these Terms.
33. Subject to Section 12 of these Terms, you agree to indemnify, compensate and hold us harmless for any losses or costs incurred as a result of any willful or negligent breach by you of these Terms including reasonable legal fees. You will not be required to compensate us under this Section if your breach of these Terms arises out of our negligence or our breach of these Terms.

13. Disclaimers and Limitations

34. YOUR USE OF THE SERVICE IS ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE AND ANY CONTENT OR MATERIAL DISPLAYED ON THE SERVICE IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY, SUITABILITY, COMPLETENESS OR RELIABILITY. WE WILL NOT BE LIABLE TO YOU FOR THE UNAVAILABILITY OR FAILURE OF THE SERVICE.
35. WE EXPRESSLY EXCLUDE OUR LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICE BY ANY PERSON IN CONTRAVENTION OF THESE TERMS. YOU UNDERSTAND THAT DUBS, SOUND RECORDINGS AND ANY OTHER CONTENT AVAILABLE ON THE SERVICE IS PROVIDED BY USERS, NOT US, AND WE ARE NOT RESPONSIBLE OR LIABLE TO YOU FOR THIS CONTENT ON THE SERVICE.
36. WE EXPRESSLY EXCLUDE ANY LIABILITY FOR (A) ANY LOSS OR DAMAGE THAT WAS NOT REASONABLY FORESEEABLE BY US AND WHICH IS INCURRED BY YOU IN CONNECTION WITH THE SERVICE, INCLUDING LOSS OF PROFITS; AND (B) ANY LOSS OR DAMAGE INCURRED BY YOU AS A RESULT OF YOUR BREACH OF THESE TERMS.
37. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGE, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO TERMINATE YOUR USE OF THE SERVICE.
38. XL Cinema AD DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON OUR SERVICES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND TRANSMITTING Content on XL Cinema AD) PROVIDED BY THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SERVICES OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER XL Cinema AD NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT BETWEEN USERS AND BETWEEN USERS AND THIRD PARTY PLATFORMS. XL Cinema AD AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
39.  Nothing in these Terms shall however limit or exclude our liability for: (i) death or personal injury resulting from our negligence; (ii) intentional acts, fraud or fraudulent misrepresentation; and (iii) any other liability that cannot be excluded or limited by law.

14. Jurisdictional Issues :

We make no representation that information on our Services is appropriate or available for use outside India. Those who choose to access our Services from outside India do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws. By using our Services, you consent to having your Personal Information, if any, (as defined in our Privacy Policy posted through our Services) transferred to and processed in India subject to the restrictions on such data as provided in our Privacy Policy posted through our Services from time to time.

15. Modifying and Terminating Service :

40. We may terminate your access to our Services, in our sole discretion, for any reason and at any time, including without limitation if you use any copyrighted materials using our App without authorization, which shall be effective as of the time we effect the deactivation of your access to the Services. You agree that we are not liable to you or any third party for any termination of your access to our Services. We may change and update the Services from time to time. We may add or remove features, and as appropriate give you advance notice about any major changes, you understand that we may stop, suspend, or change the Services at any time without prior notice.

16. Governing Law :

41. Dispute Resolution. These Terms of Service shall be governed by the laws of the State of New Delhi, INDIA, excluding: its conflicts of laws principles; the United Nations Convention on Contracts for the International Sale of Goods; the 1974 Convention on the Limitation Period in the International Sale of Goods; and the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. Subject to Section 17, we and you each consent to the exclusive jurisdiction of the federal and state courts located in New Delhi, India. 
42. Agreement to Arbitrate :

Waiver of Class Action. Except if you opt-out or for disputes relating to your or XL Cinema AD's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); you agree that all disputes between you and XL Cinema AD (whether or not such dispute involves a third party) arising out of or relating to these Terms of Service, the Services, and/or Privacy Policy shall be finally resolved by arbitration. the dispute shall be referred a sole Arbitrator who shall adjudicate the dispute in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any re-enactment or modification thereof. The award shall be final and binding on the parties. The sole arbitrator shall be appointed with the mutual consent and you and XL Cinema AD hereby expressly waive trial by jury. You and XL Cinema AD shall appoint as sole arbitrator a person mutually agreed by you and XL Cinema AD or, if you and XL Cinema AD cannot agree within thirty (30) days of either party's request for arbitration, such single arbitrator shall be selected by the XL Cinema AD . The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, XL Cinema AD shall be entitled to seek injunctive relief, security or other equitable remedies from the District Court of New Delhi or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with these Terms of Service or to award punitive damages, including but not limited to pursuant to federal or state statutes permitting multiple or punitive awards. Any claims brought by you or XL Cinema AD must be brought in that party's individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither you nor XL Cinema AD will participate in a class action or class-wide arbitration for any claims covered by these Terms of Service. You hereby waive any and all rights to bring any claims related to these Terms of Service and Privacy Policy as a plaintiff or class member in any purported class or representative proceeding. You may bring claims only on your own behalf. Neither you nor XL Cinema AD will participate in a class action or class-wide arbitration for any claims covered by these Terms of Service. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's use of the Services, if XL Cinema AD is a party to the proceeding. You may opt out of this Agreement to Arbitrate. If you do so, neither you nor XL Cinema AD can require the other to participate in an arbitration proceeding. To opt out, you must notify XL Cinema AD in writing within 30 days of the date that you first became subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement to Arbitrate and must include your name, address and the phone number that you have used for our Services (and, if applicable, any other phone number that you would like to be contacted at). You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate and a clear statement that you want to opt out of this Agreement to Arbitrate. You must use this address to opt out: BISPL , ATTN: Arbitration Opt-out B002, Ambiance Caitriona , Behind ambiance mall, Gurgaon, Haryana 122001, India. This Arbitration section will survive the termination of your relationship with XL Cinema AD. 

17. Other Terms

43. We reserve the right to change these Terms at any time subject to the following provisions. When we change these Terms, we will publish it on the same link the revised Terms will be deemed accepted by you two (2) hours.
44. XL Cinema AD may assign, sub-contract and/or otherwise transfer any or all of our rights and/or obligations under these Terms to any company, firm or person. You may not transfer your rights or obligations under these Terms to anyone else.
45. Each of the provisions of these Terms operates separately. In the event that any of the provisions in these Terms are held to be unlawful or unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
46. These Terms and our Privacy Policy constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements or communications.
47.  No person who is not party to these Terms may enforce any term of it.
48. You agree and acknowledge that each studio that supplies Audio Track Files or any content or rights relating to any Audio Track Files shall be an intended third party beneficiary of these Terms of Service. You further agree that you shall have no legal, equitable or other recourse against such studios or their affiliates in connection with these Terms of Service.
49. XL Cinema AD Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use our Services only in conjunction with and under the supervision of a parent. In this case, the parent is responsible for any and all activities of such minor.
50. Privacy Policy :

XL Cinema AD's Privacy Policy, at https://www.xlcinema.in/ad/privacy.html (the "Privacy Policy"), describes the collection, use and disclosure of data and information (including location and usage data) by XL Cinema AD in connection with the App. The Privacy Policy, as may be updated by XL Cinema AD from time to time in accordance with its terms, is hereby incorporated into these Terms of Service, and you hereby agree to the collection, use and disclose practices set forth therein.

51. Additional Information : If you have any questions about these Terms of Service, please contact us at B002, Ambiance Caitriona, Behind Ambiance mall, Gurgaon, Haryana 122001 or via www.xlcinema.in
52. These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Indian law, with the exception of the provisions on the conflict of laws.
53. The parties hereby submit to the exclusive jurisdiction of the Delhi courts to settle any claim or matter arising in relation to these Terms or its subject matter or formation (including non-contractual disputes or claims).

Copyright © 2023, XL Cinema AD/Brajma Intelligent Systems Private Limited, All Rights Reserved.