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Terms and Condition

Terms and Condition

Terms of Use

Welcome to DMW, we provide you both free and subscription based service that allows our end users to access entertainment content including movies and series streamed over the internet to certain Devices. These Terms of Use ("Terms of Use") govern your use of our service.

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

The website, www.dmwapp.com and its wapsite and Application is owned, operated and maintained by DMW INDIA PVT LTD.

Terms & Conditions

Offer Eligibility: This offer is valid for all subscribers of Times Prime premium membership.

Terms of Use:

• Times Prime will issue unique code to activate the 6 months pack of DMW premium subscription
• An existing DMW paid subscriber can also avail this offer.
• This offer can be availed ONLY once per user.
• This offer cannot be combined with any other offers made by Times Prime, DMW or any other parties.
• This offer is valid on Times Prime website and mobile app only on a valid paid membership of Times Prime
• This offer is not redeemable for cash or credit and cannot be exchanged for any other product or service and has no residual value.
• This offer is non-transferrable
• This offer is valid in India only.

How to redeem Offer:

• Benefit can be availed ONLY by clicking on TAKE ME TO DMW link on Times Prime Offer section. Code cannot directly be applied on DMW's website.
• Once you click TAKE ME TO DMW your unique code will be generated, and you will be redirected to DMW
• Enter your unique code on "Have a code" section on Subscription Page of DMW
• Select 6 months pack and click "Continue"
• Register or Log in with your Times Prime registered mobile no. and activate subscription.
• Note: Your unique code for DMW premium subscription is for SINGLE use only.

Other Terms and Conditions

• This offer is non-negotiable and non-binding. • DMW is not responsible for any failed transaction as part of this offer NOR liable for any failure relating to technical, hardware, software, server, website, or other issues of any kind to the extent that these may prevent the Customer from participating in this offer. • Times Internet Ltd. is not liable for any of the decisions made or actions taken by DMW. By availing this offer, you accept and agree that Times Internet Ltd. has no obligation, in any way whatsoever, for any such decisions made by DMW. • By availing this offer, it is deemed that the customer has agreed to all the terms & conditions mentioned herein.

Legal Disclaimer

This offer is governed by the laws of India and any disputes arising out of or in connection with this Offer will be subject to the exclusive jurisdiction of the courts at Mumbai only. • All terms and conditions related to DMW service shall be as per the Terms of Use available on DMW platform.
• DMW reserves the right to modify the terms and conditions of this offer and you are required to keep yourself updated about the same.
• For any assistance or queries related to DMW service please email us at support@dmwapp.com

Other Terms and Conditions

This offer is non-negotiable and non-binding.

DMW is not responsible for any failed transaction as part of this offer NOR liable for any failure relating to technical, hardware, software, server, website, or other issues of any kind to the extent that these may prevent the Customer from participating in this offer.

By availing this offer, it is deemed that the customer has agreed to all the terms & conditions mentioned herein

Legal Disclaimer

This offer is governed by the laws of India and any disputes arising out of or in connection with this Offer will be subject to the exclusive jurisdiction of the courts at Bengaluru. All terms and conditions related to DMW service shall be as per the Terms of Use available on DMW platform. For any assistance or queries related to DMW service please email us at support@dmwappapp.com

Legal Disclaimer

This offer is governed by the laws of India and any disputes arising out of or in connection with this Offer will be subject to the exclusive jurisdiction of the courts at Bengaluru.

All terms and conditions related to DMW service shall be as per the Terms of Use available on DMW platform.

For any assistance or queries related to DMW service please email us at support@dmwapp.com

Terms of Use:

The unique code to activate the complimentary DMW premium subscription – ALL access ONE-month pack will be sent to the NEW customers ONLY after the order is delivered.

dmwapp.com is not responsible for any failed transactions as part of this offer NOR liable for any failures relating to technical, hardware, software, server, website, or other issues of any kind to the extent that these may prevent the Customer from participating in this offer.

dmwapp.com is not liable for any of the decisions made or actions taken by DMW. By availing this offer, you accept and agree that dmwapp.com has no obligation, in any way whatsoever, for any such decisions made by DMW.

Under this offer, dmwapp.com will not be liable for any issues or disputes arising out of this offer.

dmwapp.com reserves the right to withdraw, modify or replace this offer with another offer at any time without prior notice and the same is at the sole discretion of the company.

By availing this offer, it is deemed that the customer has agreed to all the terms & conditions mentioned herein.

Steps to avail the offer:

Visit www.dmwapp.com or download DMW application from Android Playstore.

Go to 'Subscription Plans' option and select plan of your choice.

No promo code required.

Use (any bank) credit or debit card to make payment.

For any assistance or queries please email us at support@dmwapp.com

DEFINITIONS

Certain words in this TERMS have a specific meaning and are explained below for YOUR easy understanding:

1. 'Application' means the DMW application owned by DMW to provide the Content on Devices, which is available on various platforms such as iOS, android and supported web browsers etc.

2. 'Content' means all text, graphics, images, music, software, audio, video, information or any other materials available on DMW.

3. 'Devices' means any and all internet enabled devices like smart phones, tablets, laptops, desktops, etc. which are compatible with and have access to the Internet.

4. 'DMW' means DMW website,www.dmwapp.com, DMW mobile web , and any other future variations or domain, Application and any present and future means and modes to offer Services.

5. 'Internet' shall mean the system making use of the TCP/IP software protocols known as the internet or the worldwide web whatever the communications links may be which connects the user (including by way of fixed, mobile, DSL, ISDN, UMTS WiMax or other broadband links) including any developments in such protocols or any other protocols which may be developed which give equivalent, reduced or enhanced functionality compared with such protocols.

6. 'Subscription Package' means a combination of one or multiple live tv channels, video on demand, TV shows, movies, music or any other Information or entertainment based Content priced at a specific amount decided by DMW at its sole discretion.

ELIGIBILITY

Unless otherwise specified, DMW is available for individuals who have attained the age of majority in their jurisdiction. In the case of India, this service is restricted to Users who are aged 18 years or older. If You are under the relevant age of majority in Your jurisdiction, You may only access the Site and the Services only in accordance with applicable law which enables a minor in your jurisdiction to access such a service. In India, by browsing or downloading and/or installing and/or using the DMW, YOU represent and warrant that YOU are 18 years of age or older and in case YOU are less than 18 years of age, YOU have taken consent of YOUR parent or guardian.

SOME CONTENT OFFERED ON THE SITE MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE SITE MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THIS WEBSITE. Your access to and use of the Services is subject to these Terms of Use, Privacy Policy and all applicable laws, rules, and regulations.

YOUR RESPONSIBILITIES

YOU will be solely responsible for obtaining and maintaining the Device and Internet connection needed in order to access and use DMW and paying for all such charges in relation thereto. Internet charges will depend on the plan subscribed by You from the internet service provider.

DMW is compatible on selected operating systems and specific versions and Device(s). The download procedure of the Application shall be subject to the process specified by the operating system of YOUR Device(s). YOU need to have a Device connected with Internet for download of DMW to begin and complete. DMW shall not be responsible in case of any fluctuation in the Internet connection speed leading to corruption of Application file download or any delayed or defective download of the Application on Your Device(s). DMW shall not be responsible or liable to YOU for interruption, disruption, deactivation of DMW on account of any Force Majeure Event. For the purpose of these Terms of Use, “Force Majeure Event” shall mean any event beyond the reasonable control of DMW including but not limited to act of God, any act or omission of government or quasi-government agencies or lock out, strike, curfew, technical errors etc. DMW may, at its sole discretion, make bug fixes, updates for the installed Application. In the event DMW has upgraded the Application or any features thereof, You will be required to update Your Device in order to make the Device compatible with such upgrades. DMW shall not be responsible or liable to YOU in the event You are unable to access DMW or view the Content on DMW due to Your failure to upgrade Your Device.

The Content contained or available on DMW is protected by copyright, trademark, patent, trade secret and other laws and shall be used as provided in these Terms of Use, without written permission of DMW.

REGISTERED USERS

YOU may register YOURSELF as a user of DMW and become a registered user of the the DMW platform ("Registered User"). During the registration process, YOU as Registered User are required to create user name (by using YOUR mobile number) and password.

As Registered User, YOU agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. DMW reserves the right to suspend or terminate YOUR registration as Registered User without assigning any reason (including for provision of inaccurate, not current or incomplete information during the registration process or thereafter). As Registered User, YOU shall be responsible for safeguarding YOUR password and for all transactions undertaken using YOUR Username and password. YOU agree not to disclose YOUR password to any third party and to take sole responsibility for any activities or actions under YOUR account, whether or not YOU have authorized such activities or actions. It is YOUR sole responsibility to change YOUR password immediately if YOU believe that YOUR password has been compromised. DMW will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of YOUR Username and password in any circumstances.

SUBSCRIPTION SERVICES

Some of the Content is only available to users who avail the Subscription Packages. Any Registered User can avail the Subscription Package ("Subscription User"). As Subscription User, You will be required to subscribe to Subscription Packages made available by DMW from time to time. The subscription to Subscription Packages may be subject to additional terms specified by DMW. Depending on packages and/or value added services and the term of the proposed subscription, YOU will be required to make online payments through YOUR credit card or debit card or net banking account or cash card or via any other mode made available for making payments through mediums as authorized in YOUR territory and as provided by DMW for accessing and browsing DMW. The facility for online payments through credit cards or debit cards or net banking account or cash card or any other mode is available for selected credit cards, debit cards, net banking accounts and cash cards only. If YOU wish to avail the DMW after the expiry of the initial term of Subscribed Packages, YOU shall prior to expiry of such term, recharge of YOUR account with the then prevailing subscription charges.

DMW reserves the right to modify or discontinue DMW at its sole discretion with or without notice to YOU. DMW shall not be liable to YOU or any third party in any manner, should DMW exercise its right to modify or discontinue the DMW. Further, DMW reserves the right, at any time, with or without notice and without any liability to:

(i) replace or otherwise withdraw Subscription Packages or Content,

(ii) change or reduce the number of hours of any Content;

(iii) blackout any Content; and

(iv) modify the prices for Subscription Packages or any part of DMW service. Further, DMW reserves the right to change packaging and introduce base and add on packages and/or offer channels on a-la-carte basis. YOU acknowledge and agree that the Content provided by DMW as part of DMW is being supplied by third parties and availability of such Content is outside DMW’s control and can be removed anytime. Additionally, DMW shall have the right, but not the obligation, to refrain from providing to YOU any Content in the interest of national security or in the event of emergency / war or similar situation or if the Content is anti-national, promotes political / religious propaganda, is against public policy, is banned or restricted from being distributed under any applicable law or DMW otherwise determine that it is objectionable or obscene or is derogatory to any person or class of persons, hurts the religious sentiments of any religious group or infringes the privacy rights of any individual(s) or is not in the interest of DMW’s subscribers or the general public.

In a credit card and/or debit card and/or net banking and/or cash card transaction and/or any other mode available, YOU must use YOUR own credit card and/or debit card and/or net banking account and/or cash card. YOU confirm and acknowledge that YOU are aware of the fact that when making any online payment through credit card or debit card or net banking account or cash card or via any other mode available, YOU may be directed to an external payment gateway page. The payment gateway may redirect YOU to other website(s) maintained or controlled by third parties, and DMW does not control such third party website(s) and hence are not responsible for any transactions on such website(s). DMW will not be liable for any credit card or debit card or net banking or cash card fraud, and DMW will not entertain or address any such grievances or issues. YOU are requested to communicate all grievances related to such issues to YOUR bank or mobile carrier/operator or mobile wallet provider who has issued such credit card or debit card or net banking account or cash card. DMW shall not be responsible for all or any dispute or difference relating to online payment made by YOU through credit card or debit card or net banking account or cash card or via any other mode available. Further, DMW will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of YOUR credit card or debit card or net banking account number or cash card and other details. Payments once made by credit card or debit card or net banking or cash cards or via any other mode available shall not be refunded in any circumstances. You are hereby advised to keep details of your credit/debit card and net banking confidential and do not share any such details with any other third party.

DMW is available in select countries only. DMW would not be held responsible for hindrances in the access and use of DMW due to geographical change in YOUR location. Further, YOU will be solely liable for accessing and using DMW in the countries of YOUR use.

DMW shall have the discretion to make certain or all Content that is a part of the Subscription available to You on either one or limited number of end user device concurrently.

OWNERSHIP

The Content on DMW and the "DMW" word mark and the “DMW” design mark, as well as certain other of the names, logos, and materials displayed on or through DMW that constitute trademarks, trade-names, service marks or logos ("Marks") are owned by or licensed to DMW and are subject to copyright, trademark, and other intellectual property rights under Indian laws. YOU agree not to reproduce, duplicate, copy, download, stream capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit for any purposes the DMW or any portion of the DMW, including, without limitation, the Content and the Marks, except as authorized by these TERMS or as otherwise authorized in writing by DMW. In addition, YOU are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based on in any way the Content and the Marks, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, except as authorized by these TERMS or as otherwise authorized in writing by DMW. You must abide by all copyright notices, information, and restrictions contained in or associated with any Content. You must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection or access control measure (including, without limitation, geo-filtering and/or encryption) associated with the Content.

You hereby agree that all intellectual property rights, title and interest in the user generated content published or generated on DMW by You shall vest with DMW.

RESTRICTIONS

a.It is hereby clarified that DMW is provided for YOUR personal, non-commercial use only. You agree not to, either directly or through the use of any device, software, web-based service, or by other means, copy, download, archive, perform, display, upload, publish, transmit or retransmit the Content or create any work or material that is derived from or based on the Content, rent, lease, duplicate, sublicense, assign, pledge, loan, or resell the Content of DMW. YOU shall not translate, reverse engineer, decompile, disassemble DMW. YOU shall only use the DMW on Device that is under YOUR exclusive control and ownership. YOU shall not permit any third party to benefit from the use or functionality of DMW, either directly or via any facility management, timesharing, service bureau or any other arrangement. If YOU transfer possession of any copy of DMW to another party, YOUR subscription of DMW shall automatically get terminated. All rights not expressly set forth hereunder are reserved exclusively by DMW.

b.You are prohibited from using technology or other means to access, index, frame, or link DMW, in whole or in part that is not authorized by DMW;

c.You hereby agree not to use DMW for promoting services of competitors of DMW;

d.You hereby expressly agree to use DMW in strict compliance with applicable laws;

e.You agree, undertake and confirm that Your use of DMW shall be strictly governed by the following binding principles:

f.You shall not host, display, upload, modify, publish, transmit, update or share any information that:

i.belongs to another person and to which You do not have any right to; or interferes with another user's use and enjoyment of DMW;

ii.that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libellous, invasive of another's privacy, hateful, or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986, of another person;

iii.misleading in any way;

iv.is patently offensive to the online community, such as content that promotes paedophilia, racism, bigotry, or physical harm of any kind against any group or individual;

v.involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";

vi.infringes upon intellectual property rights of third party or violates rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;

vii.contains restricted or password-only access pages, or hidden pages or images;

viii.provides material that exploits people in a violent or otherwise inappropriate manner or solicits personal information from anyone;

ix.provides instructional information about illegal activities such as making or buying illegal weapons or providing or creating computer viruses;

x.contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his her guardian in the case of minor;

xi.engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising etc. Throughout these Terms of Use, Our "prior written consent" means a communication coming from Our authorized representative, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;

xii.harm minors in any way;

xiii.violates any law for the time being in force;

xiv.threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation;

g.You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of DMW or any Content, or in any way reproduce or circumvent the navigational structure or presentation of DMW or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through DMW. We reserve the right to bar any such activity.

h.You shall not probe, scan or test the vulnerability of DMW website or any network connected to DMW nor breach the security or authentication measures on DMW or any network connected to DMW. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to DMW to its source.

i.You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of DMW or any systems or networks connected to DMW.

j.You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through DMW or any service offered on or through DMW. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

k.You shall not engage in advertising to, or solicitation of, other users of DMW to buy or sell any products or services, including, but not limited to, services being displayed on or related to DMW.

l.Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through DMW, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on DMW. YOU acknowledge and agree that DMW is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by DMW of such websites or resources or the content, products, or services available from such websites or resources. YOU acknowledge sole responsibility for and assume all risks arising from YOUR use of any such websites or resources.

m.It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on DMW and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You on the public forum due to Your use of DMW, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses but by browsing/using DMW, You acknowledge and agree that We shall not responsible for the use of any personal information that You publicly disclose or share with others on DMW. Please carefully select the type of information that You publicly disclose or share with others on DMW.

TERMINATION

YOUR (User, Regiastered User or Subscription User) right to use DMW shall automatically terminate if YOU violate these Terms of Use or any terms, rules or guidelines published in connection with DMW. DMW reserves the right, in its sole discretion, to suspend or terminate YOUR access to all or any part of DMW, for any reason, with or without notice.

As Subscription User, YOUR right to use DMW shall automatically terminate on the expiry of the term of the Subscription Package. You may discontinue your participation in and access to DMW at any time. YOU agreed that upon suspension or termination, no amount shall be refunded to YOU by DMW.

FEEDBACK

DMW welcomes and encourages YOU to provide feedback, comments and suggestions for improvements to DMW ("Feedback"). YOU may submit Feedback by emailing us at support@dmwapp.com. YOU acknowledge and agree that all Feedback will be the sole and exclusive property of DMW and YOU hereby irrevocably assign to DMW all of YOUR right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At DMW's request and expense, YOU will execute documents and take such further acts as DMW may reasonably request to assist DMW to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback. You further acknowledge and agree that DMW shall not be under an obligation to take any action pursuant to the Feedback provided by You. DMW may, at its sole discretion, decide whether any action is required to be taken based on the Feedback received from You. You hereby expressly agree to indemnify and keep DMW harmless against any liabilities that may suffered or incurred by DMW as a consequence of any action taken by DMW pursuant to Your Feedback.

WARRANTY DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW OF INDIA, DMW IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME SOLE RISK AND RESPONSIBILITY FOR SELECTING DMW TO ACHIEVE YOUR INTENDED RESULTS, AND SOLE RESPONSIBILITY FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM DMW. WITHOUT LIMITING THE FOREGOING PROVISIONS, DMW MAKES NO WARRANTY THAT DMW WILL BE ERROR-FREE, VIRUS FREE, OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE DMW WILL SATISFY YOUR SPECIFIC REQUIREMENTS OR THAT THE ERRORS WILL BE RECTIFIED. YOU UNDERSTAND THAT DMW AN BE BLOCKED OR MADE INOPERABLE AND DMW ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE SAME. DMW IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING WITHOUT LIMITATION, IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, DIRECT LIFE-SUPPORT MACHINES, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF DMW NETWORK COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE (COLLECTIVELY, "HIGH RISK ACTIVITIES"). DMW EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS DMW, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS (“INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS) THAT SUCH INDEMNIFIED PARTIES MAY INCUR AS A RESULT OF OR ARISING FROM (A) ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, YOUR USER GENERATED CONTENT, FEEDBACK, OR ANY OTHER CONTENT) YOU (OR ANYONE USING YOUR ACCOUNT) SUBMIT, POST, OR TRANSMIT ON OR THROUGH DMW; (B) YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE DMW; (C) YOUR (OR ANYONE USING YOUR ACCOUNT'S) VIOLATION OF THESE TERMS; OR (D) YOUR (OR ANYONE USING YOUR ACCOUNT'S) VIOLATION OF ANY RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET OR OTHER PROPRIETARY RIGHTS OF ANY PERSON OR ENTITY. DMW RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH DMW IN ASSERTING ANY AVAILABLE DEFENSES.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL DMW BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, REMOTE OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING A DUTY OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE (WHETHER ACTIVE OR PASSIVE), AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE DMW, LOSS OF DATA OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE, AND GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY DMW, AND EVEN IF DMW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DMW BE LIABLE FOR ANY DAMAGES IN EXCESS OF YOUR LAST RECHARGE AMOUNT FOR DMW. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

INTERNATIONAL USE

DMW is a company based in India. DMW’s goal is to bring to YOU as much Content as is legally available. That said, DMW is limited by the rights that DMW’s content licensors grant to DMW. Using technologies to access the Content from territories where DMW does not have rights or does not offer services is prohibited. By browsing or using DMW, YOU hereby acknowledge that DMW is not responsible or liable in any manner to comply with any local laws of YOUR territory except India with respect to DMW. Further, YOU hereby agree that by usage of DMW, YOU undertake the responsibility and liability with respect to viewing the Content of DMW in YOUR territory.

PRIVACY POLICY

All information provided by You or collected by us shall be governed in accordance with the Privacy Policy located at www.dmwapp.com/privacypolicy

RELATIONSHIP

The relationship between DMW and You is on a principal-to-principal basis. You are in no way DMW’s legal representative, partner or agent for any reason whatsoever.

EXPORT LAWS

YOU agree to comply fully with all Indian export laws and regulations to ensure that DMW \ are not exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

CONFIDENTIALITY

YOU agree that DMW, including, but not limited to, the object code components, provided to YOU is "Confidential Information" of DMW. YOU shall retain all Confidential Information in strict confidence at least with the same amount of diligence that YOU exercise in preserving the secrecy of YOUR most-valuable information, but in no event less than reasonable diligence.

ASSIGNMENT

These TERMS are personal to YOU and YOU shall not assign, transfer, sub-contract or otherwise part with these TERMS or any right or obligation under it without DMW's prior written consent. Any attempt by YOU to assign or transfer these TERMS, without such written consent, will be null and of no effect. DMW may assign or transfer these TERMS to any third party, at its sole discretion, without restriction. Subject to the foregoing, these TERMS will bind and inure to the benefit of the parties, their successors, personal representatives and permitted assigns.

SEVERABILITY

If any provision of these TERMS is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby.

WAIVER

The failure of DMW to enforce or to exercise at any time or for any period any term of or any right pursuant to these Terms of Use shall not be construed as a waiver of any such right and shall in no way affect DMW’s right later to enforce or exercise it.

ELECTRONIC COMMUNICATION

When You use or send any data, information or communication to DMW, You agree and understand that You are communicating with DMW through electronic records and You consent to receive communications via electronic records from DMW periodically and as and when required. DMW will communicate with You by email or any push or other message or electronic records on the email address and or mobile number available with DMW which will be deemed adequate service of notice / electronic record.

NOTICE

Any notices or other communications required will be in writing and emailed to DMW at support@dmwapp.com. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

In the event you have any complaints with respect to any Content on DMW, please write to us at support@dmwapp.com. with details of the objectionable content and Your details including Your name and mobile number and such other details as may be requested by Us. Based on the complaint raised, we will take reasonable measures to resolve the issue. You hereby expressly agree that DMW shall under no circumstance shall be liable to You for any damages whatsoever. Further, You hereby expressly agree that DMW makes no representations under these Terms of Use that any complaint raised by You will be resolved to Your satisfaction. All steps to be taken by DMW in this regard shall be at the sole discretion of DMW.

If You have any claims with respect to the ownership of Content transmitted through DMW, please follow the “Ownership Claims and Dispute Resolution Mechanism” at www.dmwapp.com/privacy-policy.php.

LAW & DISPUTES

These TERMS and all matters arising from it are governed by and construed in accordance with the laws of India and courts of Mumbai, India shall have exclusive jurisdiction over all disputes arising in connection with these TERMS.

ENTIRE AGREEMENT AND AMENDMENT

These TERMS expressly supersedes and completely replaces any and all prior ‘Terms of Use’. DMW shall not be bound by or liable to YOU for any pre-existing or contemporaneous written or oral representations or warranties, made by anyone, with respect to DMW, including any authorized agents, employees, or representatives.

DMW reserves the right, at its sole discretion, to modify the TERMS from time to time (“Updated Terms of Use”). The Updated Terms of Use shall be effective immediately and shall supersede these Terms of Use. DMW shall not be under an obligation to notify you of any changes to the Terms of Use. YOU shall be solely responsible for reviewing the Terms of Use from time to time for any modifications. By continuing to use DMW after the Updated Terms of Use have been published, YOU affirm YOUR agreement to the Updated Terms of Use.

Billing and Cancellation

Billing Cycle The membership fee for the DMW service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the "Account" page. The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the service. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month. Visit the www.dmwapp.com website and click on the "Billing details" link on the "Account" page to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it for up to approximately one month of service as soon as you register. If you signed up for DMW using your account with a third party as a Payment Method, you can find the billing information about your DMW membership by visiting your account with the applicable third party.

CONTACT

You have any questions about these Terms of Use, please contact DMW at support@dmwapp.com.