TERMS OF USE

© 2022 Sony Pictures Networks India Private Limited. All rights reserved.

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These terms of use (“Terms of Use”) govern the use of an individual User’s ("User", "You", or “Your”) access to or use of website located athttp://www.sonyliv.comand/or application named Sony LIV (collectively and individually referred to as “Sony LIV”) owned, controlled and operated by Sony Pictures Networks India Private Limited having its registered office at Interface Building 7, Floor 4-5, Malad (West), Mumbai – 400064, India ("SPN”). Sony LIV is available on various platforms and devices like mobile phones, tablets, smart televisions, set top boxes and various other devices on which Sony LIV is embedded or otherwise made available.

These Terms of Use constitute a legally binding agreement between You and SPN and shall govern, amongst others, Your rights and responsibilities in connection with Your use of Sony LIV. This electronic record is generated by a computer system and does not require any physical or digital signatures.

By accessing or using Sony LIV, You agree to be bound by these Terms of Use and by SPN’s Privacy Policy, as amended from time to time.

SPN requests You to review SPN’s Privacy Policy to understand SPN’s practices in terms of protection of Your personal information.

If You do not wish to be bound by these Terms of Use or any of SPN’s aforesaid policies, SPN requests You to not avail the Subscription (defined below in Clause 5.1) of Sony LIV or access Sony LIV. If You access Sony LIV or take a Subscription, You shall be deemed to have accepted the Terms of Use and that of SPN’sPrivacy Policy.

1. Eligibility to subscribe to and access content of Sony LIV

1.1. Sony LIV is available to any individual aged 18 (eighteen) years and above. SPN may provide children content or content suitable for individuals below the age of 18 years on Sony LIV but the same shall only be accessible through the profile of a parent or legal guardian who is an adult. In certain jurisdictions, the age of majority may be more than 18 years, in which case You must satisfy such higher age criteria in order to access Sony LIV.

1.2. When You place an order to take a Subscription of Sony LIV, this constitutes an offer to SPN. No contract for the Subscription will subsist between You and SPN unless and until SPN accepts Your order by way of an e-mail confirmation. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to You at the time SPN sends the e-mail to You (whether or not You receive or read that e-mail – please check Your junk e-mail folder if You do not receive an e-mail confirmation). This confirmation e-mail amounts to an acceptance by SPN of Your offer to take a Subscription of Sony LIV from SPN. This confirmatory e-mail will incorporate these Terms of Use which will become legally binding on You. You must check that the details on this confirmatory e-mail are correct as soon as possible and You should print out and keep a copy of it. Following conclusion of Your order, You shall be entitled to access Sony LIV in accordance with Your Subscription Plan.

1.3. SPN or its content providers, are the owners or license holders of the intellectual property rights in the content on Sony LIV. You acknowledge and agree that nothing in these Terms of Use or in an order shall be construed so as to transfer any intellectual property rights in the content of Sony LIV to You.

1.4. SPN may make Sony LIV or the content from Sony LIV available for streaming on third-party platforms. SPN does not control such third-party platforms and therefore SPN does not commit to making Sony LIV and/or content from Sony LIV available on any particular third-party platform and shall have no liability to You if Sony LIV or the content from Sony LIV ceases to be available on a particular third-party platform during Your subscription to such third-party platform. Your use of any third-party platform is subject to the terms and conditions of the applicable platform provider.

1.5. SPN shall endeavor to provide constant, uninterrupted access to Sony LIV for streaming of content by You. However, please note that:

1.5.1. SPN may suspend, withdraw, discontinue or change all or any part of content or offerings on Sony LIV without notice;

1.5.2. the image and sound quality of the content on Sony LIV may vary, including by way of example due to the bandwidth available through and/or speed of Your internet connection and telephone line;

1.5.3. the access to Sony LIV may not be uninterrupted, timely, secure or error-free; and

1.5.4. from time-to-time SPN may need to close or suspend the accessibility to the website or the application of Sony LIV to carry out upgrades and/or maintenance.

2. Registration and Creation of an Account

2.1. Access to Sony LIV is subject to registration and creation of an account on Sony LIV (“Account”). You can register on Sony LIV by completing the registration process as detailed below and opening an account with Your chosen username and password.

2.2. By registering for Sony LIV, You agree to the Terms of Use stated herein and in addition to any other specific terms which shall be posted at an appropriate location of Sony LIV. Each registration is for a single individual user only. The Users must not share their login details with others. Sony LIV may offer additional features such as games etc. for the registered User to participate. Such sections of Sony LIV might be subject to additional terms and conditions which are to be read in conjunction with these Terms of Use and the Privacy Policy.

2.3. To access Sony LIV, You will be asked to enter Your email ID or mobile number and enter the OTP number received on the email ID or mobile number as provided or log-in using the social media platform, as chosen by You during Your registration. Alternatively, in the event a User does not want to register, the User may use the “Guest Checkout” option to access Sony LIV. Based on the Subscription availed by the User, User will be permitted to login into limited number of sessions concurrently which could be on the same devices or another. In the event, user tries to exceed no. of sessions permitted as per the Subscription availed by the User, User will be automatically logged out from the oldest session. It must be noted that on web platforms, the session will be cleared after every 24 hours.

2.4. SPN may provide the users the option to register for Sony LIV by using their social media username and password. When You register to Sony LIV using any third-party social media log in, You expressly consent to SPN accessing, collecting and processing Your information as provided by You to such third-party social media platform. You may control the information being shared with SPN by such third- party social media platforms by changing Your account / privacy settings with such third-party social media platform.

2.5. By registering for Sony LIV, you explicitly consent to (i) receiving communications (transactional as well as promotional) from SPN with respect to Sony LIV and other services offered by SPN; (ii) being contacted by SPN for any feedbacks, surveys, interviews etc.

3. User Account, Password and Security

3.1. You agree to notify SPN immediately, should You become aware of any unauthorized use of Your Account. You shall be entirely responsible for any and all activities that occur under Your Account.

3.2. Sony LIV can be accessed by creating an account. It shall be the User’s responsibility to ensure that the information provided by the User to SPN is complete, accurate and up-to-date including Your contact information for notices and other communications from SPN and Your payment information. You agree not to impersonate or misrepresent Your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that SPN may take steps to verify the accuracy of information You provide.

3.3. You are responsible for taking reasonable steps to maintain the confidentiality of Your username and password, and You are responsible for all activities under Your Account. In particular, with respect to minor’s profile (if applicable), as a parent or legal guardian of the minor, You acknowledge and assume sole responsibility to ensure that any content which is meant for mature audiences (i.e., above the age of majority) is not accessed by children. Hence, You may not share Your username and password with Your ward(s). You expressly agree to absolve SPN and/or Sony LIV of any responsibility or liability in this regard.

3.4. You agree to promptly notify SPN of any unauthorized use of Your username, password or other account information, or of any other breach of security that You become aware of involving Your Account or Sony LIV.

4. Sony LIV Service

4.1.Limited License: SPN grants to You a non-exclusive, non-transferable, revocable and limited right to stream content on Sony LIV. The foregoing license gives You the right to use temporary download functionality in accordance with these Terms of Use only in respect of certain content on which temporary download functionality is enabled by Sony LIV. The foregoing license prohibits permanent download and storage of such content of Sony LIV on any and all kinds of devices.

4.2.Availability: The content available on Sony LIV is regularly updated and the availability of such content is subject to change at the sole discretion of SPN. Without limiting the generality of the foregoing, certain content is made available only for a limited period of time and within the same availability period, such content may be made unavailable at any time by SPN for various reasons like media rights of such content withdrawn, disputed or litigated.

4.3.Streaming Quality: The quality of the display of the streaming video may vary from device to device, and may be affected by a variety of factors, such as Your location, the bandwidth available through and/or speed of Your Internet connection. SPN recommends a faster internet connection for improved video quality. Further, the availability of high-quality resolution formats such as HD, Ultra HD, HDR, 4K or any higher format (“Formats”) shall be subject to your internet connection and device capabilities. Not all content shall be available in all the Formats and not all subscription plans shall allow you to receive content in all the Formats. The availability of Formats shall be subject to change at the discretion of SPN and SPN reserves the right to not provide a Format at any time, without any notice.

4.4.Geographic Limitation: You may view the content available on Sony LIV primarily within the country in which You have registered Your Account and only in geographic locations where Sony LIV offers streaming of content. The content available on Sony LIV may vary based on the various geographical locations in which SPN holds rights in such content. The tiles of content if seen on Sony LIV does not necessarily mean that such content is available to be seen across the world. SPN will determine the country of registration either by explicitly asking You to provide that information or inferring the same through the country code used for registration via mobile number. You must not access or use Sony LIV by means of any mechanism or technology which conceals Your actual geo-location or provides incorrect details of Your location (for example, use of a virtual private network (VPN)).

4.5.Temporary Download: In case of temporarily downloadable content on Sony LIV, please note that: (a) the downloads are temporary in order to allow You to view the content within a specified period of time; and (b) not all content on Sony LIV may be available for temporary download for offline viewing. Any attempt to make a permanent copy of the content, in any manner or form, shall be a violation of these Terms of Use.

4.6.Sony LIV software: Sony LIV software is developed and designed to enable streaming of authorized content through compatible devices. The features on the software, updates and upgrades to the software may vary depending upon the device. SPN does not guarantee the performance of the software, including its continuing compatibility with Sony LIV. SPN reserves the right to not provide the software (including updates) to You at any time and to discontinue the ability to access Sony LIV through such software at any time, without any notice. When You use Sony LIV on any device, You expressly represent that You have the express authority to use such device and be liable for any transaction conducted through such device on Sony LIV. You are responsible for complying with local laws and regulations, if and to the extent local laws and regulations are applicable for using Sony LIV software along with the data exported from Your location for accessing Sony LIV software.

5. Subscription and Membership

5.1. SPN may offer limited content to be viewed on a free basis in selected territories. However, in order to have full access to the content on Sony LIV and to be able to enjoy the various features, the Users will have to subscribe to Sony LIV post registering in the manner described above. SPN offer Users a number of subscription plans, including special promotional plans and memberships. The various Subscription Plans available in each country are available on the “Subscriptions” tab on Sony LIV. These Subscriptions Plans may be monthly, half-yearly or yearly and the pricing will differ across different countries (“Subscription Plans” and when availed by a User, each shall be a “Subscription”).

5.2. Some of these promotional memberships may be offered by third parties and may be subject to additional terms and conditions imposed by such third-parties, which will be disclosed to You at the time of registration. In addition to the Subscription Plans, You are solely responsible for paying any internet connection or other telecommunication charges, and all other third-party costs and charges associated with accessing and using Sony LIV. It must be noted that Subscription for Sony LIV shall not provide automatic entry into any contests or activities organized by SPN, or automatic purchase of other subscriptions of premium content.

5.3. You are entitled to change Your Subscription Plan at any time by logging into Your Account via Sony LIV and clicking on the "Switch Plan" tab. Kindly note, if You wish to amend Your Subscription Plan to a lower or a higher plan, the change will depend upon the Payment Mode (defined below) that You have used and has been notified to You of such selection accordingly. You should read the terms of the provider of Payment Mode before placing a request for change in the Subscription Plan while Your existing Subscription is ongoing.

5.4. The access and benefits offered by SPN under each Subscription Plan shall be solely determined by SPN. SPN reserves the right to modify, terminate or otherwise amend the access and benefits offered under any Subscription Plans, with or without notice to You and there will not no refunds of any subscription fees paid owing to any such modification or amendment to the access and benefits offered under any Subscription Plans.

5.5. When placing an order for a Subscription, You agree that:

5.5.1. You shall only stream and use the content of Sony LIV for Your own personal consumption and private use, and shall not stream or use the content of Sony LIV for any commercial purpose whatsoever;

5.5.2. You shall not stream and use the content of Sony LIV for any public performance;

5.5.3. You shall not use content of Sony LIV in any way which might infringe any third-party rights, incl

5.5.4. You shall not modify, decompile or reverse engineer any software supplied as part of, or in connection with, Sony LIV;

5.5.5. You are not permitted to use Sony LIV by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from Sony LIV for use within any third-party website, platform or application;

5.5.6. You shall not use content of Sony LIV in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use; and

5.5.7. You are responsible for ensuring that You have and shall maintain all the hardware, software and connectivity requirements necessary to access, receive and view content of Sony LIV. In the event You do not meet these requirements, You acknowledge and agree that You may not be able to enjoy the full benefit of Sony LIV. You may need to update the software on Your device from time to time in order to be able to access and view the content on Sony LIV.

5.6.Promotional Offers: SPN may, from time to time, offer special promotional offers, plan, coupons or discount, either by itself or in association with third parties (“Offers”). To avail such Offers, Users may be subject to additional eligibility criteria as may be determined by SPN (and the third-parties platforms if the offers are in association with such third parties). The eligibility requirements and other limitations and conditions for availing the Offers will be disclosed at the time of availing the Subscription. SPN reserves the right to revoke an Offer and put Your Account on hold if SPN has reasons to believe that You are not eligible to avail an Offer.

5.7.Free Trials: SPN may, from time to time, offer special promotional offers, plan, coupons or discount, either by itself or in association with third parties (“Offers”). To avail such Offers, Users may be subject to additional eligibility criteria as may be determined by SPN (and the third-parties platforms if the offers are in association with such third parties). The eligibility requirements and other limitations and conditions for availing the Offers will be disclosed at the time of availing the Subscription. SPN reserves the right to revoke an Offer and put Your Account on hold if SPN has reasons to believe that You are not eligible to avail an Offer.

5.8.Cancellation of Membership: SPN may, from time to time, offer special promotional offers, plan, coupons or discount, either by itself or in association with third parties (“Offers”). To avail such Offers, Users may be subject to additional eligibility criteria as may be determined by SPN (and the third-parties platforms if the offers are in association with such third parties). The eligibility requirements and other limitations and conditions for availing the Offers will be disclosed at the time of availing the Subscription. SPN reserves the right to revoke an Offer and put Your Account on hold if SPN has reasons to believe that You are not eligible to avail an Offer.

6. Billing and payments

6.1. By signing up and choosing to subscribe to Sony LIV, You are expressly agreeing that SPN is authorized to charge You the (a) Subscription fee as per Your selected Subscription Plan; (b) fees for additional services like additional Subscription of premium content of Sony LIV which You may purchase on Sony LIV; and (c) any applicable taxes in connection with Your Subscription of Sony LIV ("Payment Modes"). The available Payment Modes may vary where You make a purchase for Subscription through a third-party platform and not directly via Sony LIV (as mentioned in the foregoing).

6.2. You confirm that the card or bank account which is being used for making payment of Subscription is Yours or that You have the authorization of the card holder to make a purchase of Subscription. You further represent and warrant that all payment information You provide is correct, current, and complete. SPN reserves the right to refuse or cancel transactions, including due to pricing or other typographical errors.

6.3. You authorize SPN to take payments from the card chosen by You or through the payment gateway partner, or from the bank where You have the account provided by You at the time of purchasing the Subscription, in each case on a recurring basis depending on the Subscription Plan, for the duration of Your Subscription. You shall remain responsible for any uncollected amounts from the Subscription.

6.4. The Subscription fee will be billed at the beginning of Your Subscription plan and on each subsequent renewal automatically (as per the Subscription Plan chosen by You) unless and until You cancel Your membership or the membership is otherwise suspended or discontinued pursuant to these Terms of Use. To know the commencement date for Your next renewal period, You can visit the “Billing Information” or “Transaction History” section on Your Account page. SPN shall authorize Your selected Payment Method to charge You the applicable Subscription fees for each Subscription period on the calendar date corresponding to the commencement of Your Subscription Plan (or renewal thereof). However, if You change Your Payment Mode or Subscription Plan, this could result in changing the calendar date upon which You will be billed. Subscription fees and any other charges paid pursuant to Your use of Sony LIV are non-refundable and there are no refunds or credits for any reason which include but are not limited to (i) partially used periods (ii) unwatched content (iii) changes on the content offering by SPN (iv) discontinuation of certain services on Sony LIV (v) inaccessibility of Sony LIV owing to technical reasons or otherwise etc.

6.5. If a payment is not successfully settled, due to expiration, insufficient funds, bank account of e-wallet, or otherwise for any reason, and You do not change Your Payment Modes or cancel Your membership, SPN may suspend Your Account until SPN receives the payments due for the Subscription. For certain Payment Modes, the issuer of Your Payment Mode may charge You a transaction fee or other charges. SPN requests You to check with Your Payment Mode service provider for details.

6.6. In relation to third-party payment gateways SPN partners with, such partner will require certain financial information including Your credit card or debit card or other banking information. Other than providing a confirmation upon receipt of payment against a User Account, SPN disclaims any and all liabilities in relation to Your payment processing by such third-party payment gateways and the collection and processing of any information provided to such third-party payment gateways including but not limited to any errors in invoicing or payment processing or any breach in security with respect to Your payment information associated with the third-party’s handling of the transaction. While using such third-party payment gateways to make payments to SPN, You will be required to accept the terms of use and privacy policies of such third-party payment gateways. SPN advises You to make Yourself familiar with the terms of use and privacy policies of Your respective third-party payment gateways before using their services. You agree and acknowledge that SPN shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud. You can file / lodge any complaint related to payment transfer directly with the concerned third-party payment gateways for redressal.

6.7. You may be required by the third-party payment gateways to sign direct debit mandates to allow the amount owed by You to be debited directly from Your bank account or from debit or credit card in accordance with the relevant regulations. You agree to keep such mandate in place until termination of Your Subscription Plan and / or until all monies due to SPN have been paid in full (whichever is later in time). Failure to do the same shall bring forth the levy of a penalty from Your bank or debit or credit card provider.

6.8. Where transaction charges are based upon a currency other than Indian rupees, the exchange rate for the purposes of calculating the final amount will be based upon the exchange rates published by the third-party payment gateway on the date when such payments are calculated by the billing system.

7. Advertising

Sony LIV may display advertisements and promotions, either within the content or on Sony LIV in general. Users who have subscribed to the premium Subscriptions of Sony LIV i.e., mobile only or LIV premium (monthly, half-yearly and annual plans) will not receive advertisements with the exception of certain categories of content, as may be solely determined by SPN and as detailed under the terms of the Subscription Plans. The manner, mode and extent of advertising by SPN through Sony LIV is subject to change without specific notice to You. SPN takes no responsibility for advertisements or any third-party material, nor does it take any responsibility for the products or services provided by advertisers. Any dealings You have with advertisers found while using Sony LIV are between You and the advertiser, and You agree that SPN shall not be liable for any loss or claim that You may have against an advertiser.

8. User’s Responsibility

Your access and use of Sony LIV shall be subject to Your compliance with the following:

i. You will abide by all copyright notices, information, and restrictions contained in the content of Sony LIV or associated with Sony LIV;

ii. You will not remove, alter, interfere with or circumvent any copyright, trademark, watermark, or other proprietary notices marked/displayed on Sony LIV;

iii. You will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geo-filtering and/or encryption) associated with Sony LIV;

iv. You will be responsible for maintaining the confidentially of any username or password associated with access to Sony LIV (including, without limitation, in those instances in which Sony LIV uses the account creation mechanism and management of a third party’s social network, website or device), and You are solely responsible for all activities that occur under Your username and/or password;

v. You will not access or use Sony LIV 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 instance, use a virtual private network (VPN)); and

vi. You will use Sony LIV at all times in compliance with these Terms of Use and all applicable laws.

9. Third Party Links

Sony LIV may link to, integrate with, or incorporate third party content, sites, services, or platforms, including advertisers, online merchants, and social networks (“Third-Party Services”). SPN does not necessarily endorse or evaluate Third-Party Services and does not assume responsibility for third-parties’ actions or omissions. You should review terms of use and privacy policies of such Third-Party Services before You. Your dealings with Third Party Services are solely between You and the applicable Third-Party Services. SPN remains an intermediary, as defined under the Information Technology Act, 2000 in the territory of India and/or under legislations in territories outside of India with regard to such transactions. SPN advises its users to make their own independent judgement regarding their interaction with these Third-Party Services.

10. International Use

SPN makes no representation that every aspect of Sony LIV is appropriate or available for use in any particular jurisdiction. When You choose to access and use Sony LIV, You agree that:

i. You do so on Your own initiative and at Your own risk;

ii. You will not use Sony LIV if You are prohibited from receiving products, services, or software originating from India;

iii. You are responsible for complying with local laws and regulations, if and to the extent local laws and regulations are applicable; and

iv. You specifically agree to comply with all applicable laws and regulations concerning the transmission of data exported from the country in which You reside.

If there is a conflict between any of the terms herein and Your rights in Your place of residence, Your rights under applicable law will control as to those specific terms.

11. Submissions and Unsolicited Ideas Policy

SPN, as a matter of policy, does not accept or consider unsolicited creative ideas including concepts, stories, scripts, plot treatments, plot structures, materials, suggestions amongst others (“Unsolicited Materials”). SPN does not entertain any Unsolicited Materials either directly or through any SPN employee, via any means including, without limitation, via phone, mail, fax or e-mail. This is in order to avoid any potential misunderstanding in this matter when persons, including without limitation, other SPN employees may have submitted to SPN or to others or made public, or may hereafter originate and submit or make public, similar or identical material which SPN shall have the right to use, and You understand that You will not be entitled to claim any rights in the event of SPN’s use of such other similar or identical material. You may visit Storyteller portal [https://www.sonypicturesnetworks.com/storyteller/] and submit the materials in the manner detailed on the portal. You hereby agree that if any Unsolicited Materials are submitted by You to SPN, the said submission is voluntary and is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between You and SPN in any way. You further agree that SPN is not obligated to review the Unsolicited Materials that may be submitted by You and that You have no expectation of compensation or consideration of any type.

12. Trademark, Copyright and Restriction

12.1 Sony LIV is owned and controlled by SPN and the content, trademarks, logos, graphics and service marks etc. displayed on Sony LIV ("Marks") are the property of SPN or, as the case may be, its vendors/seller or respective third parties.

12.2 You must not copy, reproduce, republish, upload, post, transmit or distribute the Marks in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of SPN, no element of the Sony LIV (including the Marks) may be used or exploited in any way other than as part of Sony LIV. Through Your use of Sony LIV, by no means are any rights impliedly or expressly granted to You in respect of such Sony LIV and Marks. SPN reserves the right to change or modify Sony LIV and Marks from time to time at its sole discretion.

13. Suspension and Termination of Account or Subscription

SPN reserves the right to suspend or terminate the Account or Subscription of a User forthwith if SPN finds out or has bona fide reasons to believe that the User:

i. has misused in the past or is misusing the Account or Subscription of Sony LIV,

ii. the User has indulged in the past or the User is indulging in piracy of content of Sony LIV,

iii. is making available the content of Sony LIV to users who are below 18 years of age;

iv. has committed an action which is in violation of the Terms of Use or the applicable laws;

v. is misusing his/her/their Account;

vi. is engaging, encouraging or advocating for illegal conduct; and

vii. has failed to comply with these Terms of Use

14. Disclaimer of Warranties and Liability

14.1. You expressly agree that Your use of Sony LIV is at Your sole risk. Sony LIV, all the materials, content and services, included on or otherwise made available to You through Sony LIV are provided on "as is" and "as available" basis without any representation or warranties, express or implied.

14.2. Neither SPN nor any of its affiliates make any warranties or representations about the accuracy or completeness of content and services available on or through Sony LIV and assume no liability or responsibility for any

i. errors, mistakes, unavailability or inaccuracies of content;

ii. personal injury or property damage, of any nature whatsoever, resulting from Your access to or use of Sony LIV (or any parts thereof);

iii. any unauthorized access to or use of SPN's secure servers and/or any and all personal information stored therein;

iv. any interruption or cessation of transmission to or from Sony LIV;

v. any bugs, viruses, or the like which may be transmitted to or through Sony LIV (or any parts thereof) by any third-party;

vi. information on Sony LIV being complete, true, accurate or non-misleading.

vii. non-availability of Sony LIV during periodic maintenance operations or any unplanned suspension of access to Sony LIV that may occur due to technical reasons or for any reason beyond SPN's control

viii. for any loss or damage of any kind incurred as a result of:

a. any submissions made by You of Sony LIV;

b. any content being posted, shared, forwarded, emailed, transmitted, or otherwise made available on or by means of Sony LIV and/or otherwise by You or any other user.

14.3. SPN reserves the right, in its sole discretion, to change, modify, add and remove content from Sony LIV and/or may suspend or discontinue the services provided through this Sony LIV at any time without any prior notice. SPN or any of its affiliates shall not be liable for any damages arising out of any alteration or change of the contents or inability to use this Sony LIV.

14.4. SPN will only be liable under these Terms of Use for losses which are a reasonably foreseeable consequence of SPN’s relevant breach of these Terms of Use or due to SPN’s negligence. Loss or damage is foreseeable if it is either obvious that it will happen or if, at the time the contract was made, both SPN and You knew it might be likely to happen.

14.5. SPN only supplies the Sony LIV services for private domestic and consumer use only. You agree not to use Sony LIV for any commercial or business purposes and accordingly, SPN does not accept liability for any loss of profit, loss of business, business interruption or loss of business opportunity.

14.6. If Sony LIV services are defective and as a result, damage a device or digital content belonging to You, and this is caused by SPN’s failure to use reasonable care and skill, SPN will either repair the damage or pay You compensation. However, SPN will not be liable for damage which You could have avoided by following SPN’s advice to apply an update offered to You free of charge or for damage which was caused by You failing to correctly follow installation instructions or to have in place the minimum system requirements as advised by SPN.

14.7. SPN shall have no liability or responsibility for any failure to perform, or delay in performance of, any of SPN’s obligations under these Terms of Use that is caused by or due to any event outside SPN’s reasonable control, including but not limited to acts of God, war, flood, fire, epidemic, pandemic, natural disasters, labour disputes, strikes, lock-outs, riots, civil commotion, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, malicious damage, explosion, governmental actions and any other similar events.

14.8. SPN shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.

15. Changes to the Terms of Use

15.1 SPN reserves the right, at its sole discretion, to change, modify, and/or add to these Terms of Use or to the Privacy Policy, in whole or in part, at any time. Changes to these Terms of Use or the Privacy Policy will be effective when posted. If SPN makes any material changes to the Terms of Use and You are not happy with such changes, You may cancel Your Subscription in accordance with the process set out under these Terms of Use.

15.2 You agree to review these Terms of Use and the Privacy Policy periodically to become aware of any changes. Your use of Sony LIV or any part thereof after any changes to these Terms of Use or the Privacy Policy are posted will be considered acceptance of those changes and will constitute Your agreement to be bound thereby. If You object to any such changes, Your sole recourse will be to stop using Sony LIV.

15.3 Your use of certain Sony LIV features, functionality, programs (including, without limitation, games, contests, promotions, wireless marketing opportunities, photo or video or other User Submissions, uploading/posting opportunities, RSS feeds, etc.) offered on or through Sony LIV may be subject to additional or special terms and conditions ("Special Rules"), and before You use any such features, functionality, programs You may be required to indicate Your acceptance of such additional Special Rules. All Special Rules are incorporated into these Terms of Use as if fully set forth herein.

16. Binding Arbitration and Governing Laws

16.1 These Terms of Use and all transactions entered into on or through Sony LIV and the relationship between You and SPN shall be governed in accordance with the laws of India without reference to conflict of laws principles.

16.2 All disputes arising in connection with this Agreement shall be finally settled under the Arbitration & Conciliation Act of 1996 by one or more arbitrators appointed in accordance with such Act. The venue of the arbitration shall be Mumbai, India and the language of the arbitration shall be English. The parties hereto undertake to keep the arbitration proceedings and all information, pleadings, documents, evidence and all matters relating thereto confidential. Neither party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter has been submitted and decided by arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that the parties hereto shall be permitted to seek temporary or preliminary equitable relief in a court prior to the initiation or resolution of any arbitration proceeding hereunder. This provision shall remain in full force and effect notwithstanding any termination of Your use of Sony LIV.

17. General Provisions

17.1.Notices: All notices with respect to these Terms of Use from SPN will be served to You by email or by general notification on Sony LIV. Any notice provided to SPN pursuant to these Terms of Use should be sent to SPN’s Legal Department at the address mentioned hereinabove.

17.2.Relationship of Parties: You and SPN are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and SPN. As an abundant caution, it is clarified that SPN shall not have any right to conclude any contract for sale or purchase of Products for and / or on Your behalf and both You and SPN have entered this agreement on principal-to-principal basis.

17.3.Waiver: No waiver of any provision of these Terms of Use by SPN shall be deemed a further or continuing waiver of such provision or any other provision, and SPN’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

17.4.Severability: If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

17.5.Entire Agreement: This Terms of Use, including the SPN’s Privacy Policy, is the entire agreement between the parties relating to the matters contained herein.

17.6. You are advised to read (and are responsible for reading) fully all information on Sony LIV.

17.7. You agree that e-mail can be used as a long-distance means of communication.

17.8.Contact Information: Should You have any reasons for a complaint, kindly visit the “Contact Us” tab available on Sony LIV and SPN will endeavor to resolve the issue and avoid any re-occurrence in the future.

TERMS AND CONDITIONS – REFERRAL PROGRAM

These Terms and Conditions apply to Sony LIV's Referral Program ("Referral Program") as being made available by Sony Pictures Networks India Private Limited ("Sony"). By participating in this Referral Program, it is construed that you have read and understood the Terms and Conditions set forth below and agreed to abide by the same.

1. ELIGIBILITY

1.1. Android and Web users with existing subscriptions purchased directly through the platform ("Referrer(s)") may be eligible to participate and avail the benefit of this Referral Program as shall be intimated by Sony LIV. Users with subscriptions purchased from third parties through iOS, BSNL, Jio STB, Tata Sky Binge or as part of a bundle pack are not eligible to participate or avail the benefit of this Referral Program.

2. HOW THE REFERRAL PROGRAM WORKS

2.1. This Referral Program enables Referrers to share a unique referral link/ Referral coupon code as may be made available to the Referrer by Sony LIV ("Referral Link(s)/Referral coupon code(s)") to friends, family or any other personal connections through various means of communication, including Email, Text messages, WhatsApp and other Social media platforms.

2.2. Any person who purchases a Sony LIV subscription through this Referral link/ Referral coupon code is termed as "Referee(s)", and upon successful purchase of the subscription, both Referrer and Referee receive a complimentary extension to their subscription and the duration of such complimentary extension shall be dependent of the subscription purchased by the Referee(s) and shall be intimated to the Referee and Referrer by Sony LIV at the time of purchase of the subscription and making available of the Referral Link(s)/ Referral coupon code(s) respectively ("Benefit").

2.3 Referre(s) should purchase the subscription via Referral through web application or Android mobile App only.

2.4 Sony reserves the right to withdraw or discontinue and/or terminate the Referral Program at any stage without prior notice and without any liability whatsoever to the Referrer's and Referee's.

2.5 By participating in the Referral Program, each Referrer and Referee agrees to follow these Terms and Conditions and is deemed bound by any decisions made by Sony in its sole discretion, including any interpretations of the Terms and Conditions.

2.6 Sony has the right to amend (add, delete or modify) the Terms and Condition governing the Referral Program, prospectively or retrospectively, at its discretion and without prior notice.

2.7 Referrer's and Referee's participation in the Referral Program by sharing the Referral Link(s)/ Referral coupon code(s) and availing the Referral Link(s)/ Referral coupon code(s) respectively shall be deemed as an acceptance of the above stated Terms and Conditions.

2.8 To clarify and as an example, Sony LIV Premium users will receive the Benefit on their Premium subscription, upon a Valid Referral.

3. VALID REFERRAL

3.1. In order to qualify as a Valid Referral and avail Benefit, the Referee must not be an existing or subscriber of Sony LIV ("Platform") and must purchase a fresh subscription through the Referral Link/ Referral coupon code.

3.2. For the purposes of these Terms and Conditions, a Subscription will only be deemed to have been effectuated by when the Referral Link/ Referral coupon code shared by the Referrer is utilized by the Referee to purchase a Sony LIV subscription. The Referral Link/ Referral coupon code will only be considered to have been utilized if Sony LIV's internal system log recognizes the Referral Link/ Referral coupon code and the consequent purchase arising therefrom as valid.

3.3. Any decision with regards to whether a Referral Link/ Referral coupon code has been utilized or not shall be made solely at Sony's discretion and shall be final and binding.

4. SHARING REFERRAL LINKS / REFERRAL COUPON CODES

4.1. Referral Links/ Referral coupon codes can only be shared for personal and non-commercial purposes to personal connections such as friends, family, colleagues under these Terms and Conditions.

4.2. Referral Links/ Referral coupon codes cannot be advertised, marketed, or shared in any manner for commercial purposes (such as on voucher websites, reddit, wikipedia, blogs, mass emailing etc.)

4.3. The Referral Links/ Referral coupon codes are to be shared in a way in which there is reasonable basis for believing that all the recipients are personal connections.

4.4 The Referral Links/ Referral coupon codes have self-validity and they will be expired in certain period of time as mentioned in the communications to the users.

5. MULTIPLE REFERRALS

5.1. There is no maximum limit on the number of times the Referrer may share a Referral Link/ Referral coupon code. In case multiple Referral Links/ Referral coupon codes sent by the same Referrer are redeemed, the Referrer can avail repeated extensions to his existing subscription up to a maximum of 3 months. To clarify, even if more than 3 Referral Links/ Referral coupon codes sent by a single Referrer are successfully redeemed by various Referees, the Referrer's complimentary extensions will not extend beyond 3 months.

5.2. The Referee can use only one (1) Referral link/ Referral coupon code to purchase his subscription and avail the Benefits of the Referral Program. If a Referee receives Referral Links/ Referral coupon codes from multiple Referrers, only the Referrer whose Referral Link/ Referral coupon code is used by the Referee will receive the Benefit along with the Referee.

6. RESTRICTIONS

6.1. The Benefits under this Referral Program is applicable only on purchase of a fresh subscriptions through the Referral Link/ Referral coupon code and cannot be utilized to upgrade a pre-existing subscription.

6.2. Referees cannot use both Referral Link or Discount Code to purchase their subscription. In case a Referee attempts to purchase a subscription using the referral code and applies a discount coupon, the Referee will only get the benefit of the discount coupon and not this Referral Program.

6.3. In case a Referral Link/ Referral coupon code shared by a Referrer is redeemed after expiration of the Referrer's own subscription, the benefits under this Referral Program cannot be availed by the Referrer. This will have no impact, however, on the Benefits applicable to the Referee under this Referral Program and the Referee will be eligible for the Benefit on their newly purchased subscription.

6.4. In case a Referrer upgrades his subscription from one Sony LIV pack to another, the Benefit availed for existing pack will not be carried forward to the new subscription pack purchased by the Referrer.

6.5. Referrers cannot use their own Referral Link/ Referral coupon code to purchase a subscription. Referrers can only avail the benefit of the Referral Program upon a valid referral under these terms to another Referee.

6.6. The Referral Program is valid for user in India and for purchase of subscription on the Sony LIV platform in India.

7. RELATIONSHIP

7.1. Neither these Terms and Conditions, the relationship created pursuant to these Terms and Conditions, nor any course of dealing between you and Sony is intended to create, or shall create, an employment relationship, a joint venture, partnership or any similar relationship. You agree that you are not entitled to any of the rights or benefits afforded to Sony employees.

7.2. You are not bound in any way to participate in this Referral Program. Any participation is voluntary.

8. INDEMNITY

8.1. You shall indemnify, defend and hold harmless Sony Picture Network Ltd and its employees, directors, officers, and agents from and against any claim, loss, actions, damages, penalties, liability, expenses, cost (including reasonable attorneys' fees and court fees) arising out of (i) any breach of warranty, representation, obligation, or undertaking made by the you under these Terms and Conditions; (ii) the misconduct or negligent acts or omissions by you; or (iii) any breach of applicable law by you.

9. LIMITATION OF LIABILITY

9.1. Sony shall not be liable to for any indirect, punitive, special, incidental or consequential damages arising out of or in connection with the Referral Program.

9.2 Sony is not responsible for any errors or omissions in the terms and conditions contained herein. All information provided in the Referral Program is provided "As is" without warranty of any kind. Sony makes no representations and disclaims all express, implied, and statutory warranties of any kind to the Referrer, Referee and/or any third party including, without limitation, warranties as to accuracy, timelines, completeness, merchantability or fitness for any particular purpose.

10. GOVERNING LAW AND JURISDICTION

10.1. These Terms and Conditions shall be governed by the laws of India, without giving effect to any choice of law or conflict of law rules. These Terms and Conditions would be modified / discontinued based on the prevailing law /regulation at any point of time and Sony shall be under no liability or obligation or continue implementation of the Referral Program till such time the terms are modified as per the prevailing/ amended law at that point of time. In the event, that the Referral Program cannot be continued without total compliance of the prevailing law at any point of time, this Referral Program shall be deemed to be terminated forthwith from the date when the amended law restricting / prohibiting the Referral Program comes into force.

10.2. To the extent permitted by applicable law, the Referrer agrees that any and all disputes, claims, and causes of action arising out of or relating to these Terms and Conditions shall be resolved individually, without resort to any form of class action, and exclusively by the Courts of Mumbai.

11. SEVERABILITY

11.1. If any provision of these Terms and Conditions is held to be unenforceable or invalid, the said provision shall be modified to the extent necessary or struck, and, in any event, the remaining provisions will continue to be valid and enforceable.

12. NO WAIVER

12.1. Our failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that or any other provision

13. RIGHT TO DISQUALIFY

13.1. Sony reserves the right to disqualify You from the benefits of the Referral Program, if any fraudulent activity is identified as being carried out by You for the purpose of availing the benefits under the Referral Program or otherwise by use of the service.

14. TAXATION

14.1. Any taxes, duties, levies or liabilities or charges payable to the Government or any other authority or body, if any, shall be borne directly by You and Sony will not be liable in any manner whatsoever for any such taxes, duties, levies or other statutory dues.