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Terms & Conditions

HATHWAY CABLE AND DATACOM LIMITED’s TERMS OF SERVICE FOR SUBMITTING RECORDING FOR H-TUBE PLATFORM

After registration and prior to cable casting any recording On H-Tube, You (PARTICIPANT) must signify your unconditional acceptance to the following in order to be eligible to participate in H-Tube Platform

  • The terms & conditions and the guidelines for yourself and on behalf of the person(s) in the recording. You hereby confirm that you have submitted your declaration to hathway cable and datacom limited (‘hathway’) whether you are or are not in the recording that you propose to submit to hathway.

  • You agree to be bound by these terms & conditions and the content and technical guidelines. Hathway may, in its sole discretion, modify, alter and/or revise these terms of service and polices at any time, and you unconditionally agree to be bound by such modifications/revisions.

  • You have entered into a binding contract between you and hathway. If you accept these terms & conditions and the guidelines on behalf of another person, you represent and warrant that you have full legal authority to bind the person(s) to these terms & conditions and the guidelines.

  • Any person submitting their recording not a major as provided for under indian law must have consent of their natural guardian / guardian before submitting their recording. Hathway reserves its right to verify and demand proof of age from persons submitting their recording.

General:

  • You have provided true and complete information during your registration on Hathway website for the purpose of uploading/submitting your recording(s) to be broadcast on H-tube platform . You agree that you shall never use another's account without permission.

  • You have read and accepted these guidelines including Technical Guidelines for submitting your recording and its contents. The term ‘Contents’ includes but is not limited to any and all text, software, scripts, graphics, photos, sounds, music, recordings, audio visual combinations, interactive features, patent, trademarks, trade secrets, logos, service marks and other materials/proprietary rights which are part of the contents of your recording. You have read and understood the Programming code as stipulated with Cable Television Networks (Regulation) Act, 1995 and its rules (as amended) and your recording adheres to the Programming Code and Advertising Code (rule 6 and 7 of the Cable Television Networks Rules, 1994). Part of the programming code is reproduced hereunder for easy reference i.e. Your recording does not offend good taste or decency, does not contain criticism of friendly countries, does not contain attack on religions or communities or visuals or words contemptuous of religious groups or which promote communal attitudes, does not contains anything obscene, defamatory, deliberate, false and suggestive innuendos and half truths; is not likely to encourage or incite violence or contain anything against maintenance of law and order or which promote-anti-national attitudes, does not contain anything amounting to contempt of court, aspersions against the integrity of the President and Judiciary and/or anything affecting the integrity of the Nation nor contains any visuals or words which reflect a slandering, ironical and snobbish attitude in the portrayal of certain ethnic, linguistic and regional groups, does not criticise, malign or slander any individual in person or certain groups, segments of social, public and moral life of the country, does not encourages superstition or blind belief, does not denigrates women through the depiction in any manner of the figure of a women, her form or body or any part thereof in such a way as to have the effect of being indecent, or derogatory to women, or is likely to deprave, corrupt or injure the public morality or morals and children in any manner or contravenes the provisions of the Cinematograph Act, 1952 and is suitable for unrestricted public exhibition.

    You agree, confirm and declare that you shall not upload any film, or film song, or film promo or film trailer or music video or music albums or their promos, whether produced in India or abroad to be carried on H-Tube platform. In the event you do upload any film, or film song, or film promo or film trailer or music video or music albums or their promos, whether produced in India or abroad, you shall also provide a censor certificate issued by the Central Board of film Certification. You hereby declare and confirm that the content of your recording(s) does not violate any of the provisions of the Programming code and Advertising code.

    You have not used any objectionable content in the recording(s) and by submitting the recording(s) you have granted Hathway a payment free non-exclusive license to Hathway to cablecast your recording(s) on any Distribution Platform. Such license shall vest with Hathway in perpetuity and you have no claims on it whatsoever.

    You agree to be solely responsible and liable for the contents in your recording(s) and for obtaining all the relevant permissions and licenses i.e., Copyright and non-copyright music used (if any), permission to film at a location, etc. And affirm that no privacy laws or rules were broken while producing the footage. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to cablecast content you submit, including the permission to use any third-party copyrighted material; and once your recording(s) has been submitted to Hathway, all patent, trademark, trade secret, copyright or other proprietary rights in and to such recording(s) shall vest in Hathway pursuant to these Terms of Service. You hereby declare and undertake that the recording(s) submitted by you does not contain third party copyrighted material or material that is subject to other third party proprietary rights and you have unfettered permission from the rightful owners of the content/material or you are otherwise legally entitled to provide the recording(s) and to grant Hathway all of the license rights granted herein.

  • You have further accepted that the right to cablecast the recording(s) multiple times and/ or reject your recording(s) at any time is at the sole discretion of Hathway alone. Participation is subject to Hathway’s prior approval and your continued compliance with the terms of this Agreement. Hathway’s decision regarding permission to participate, cablecast your recording(s), restrictions and termination of the recording(s) shall be final in all aspects without liability or acknowledgement to you. Once you have submitted the recording(s), Hathway shall be at liberty to add, edit, alter, modify or make changes to your recording(s). Hathway reserves the right to reject your recording(s), for any reason, at its sole discretion, without any intimation to you.

    Notwithstanding Hathway’s right to edit or modify the contents of your recording (s), you shall be solely responsible for your own Content and the consequences of submitting your Content/recording (s) on H-Tube and its cablecast on Hathway’s network.

    By providing the recording(s) to Hathway you expressly relieve Hathway from any and all liability arising out of the cablecast of the recording(s) including but not limited from any alleged copyright infringement or non-compliance of any statute, rules, regulations as applicable in India from time to time or defamation.

  • You admit and acknowledge that Hathway does not guarantee any confidentiality with respect to any content you submit in the recording(s) and Hathway neither permits copyright infringing activities and infringement of intellectual property rights in the recording(s) or as part of the Service and may discontinue its platform at any time. In the event any third Party notifies Hathway that such Content infringes on another's intellectual property rights, it will not cablecast the recording(s) or any content therein.

  • If you use the software Uploader on Hathway’s H-Tube website, you agree that it may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Hathway to deliver these to you) as part of your use of the Uploader. All charges in relation or incidental to the uploading of your recording(s) on Hathway’s website or providing the same to us in any other mode shall be solely and exclusively borne and paid by you.

  • You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

  • You agree to cablecast of your recording(s) and hereby grant to us all consents to use your recording on our platforms, presently available or to be developed, without liability or acknowledgement to you. You grant us the right to issue publicity/advertisements concerning the recording(s) in which your name/recording/photograph may be included.

  • Hathway reserves the right to reject the content provided by you if it does not fall within the guidelines attached to these Terms & Conditions without being obligated to communicate the same to you.

  • You hereby grant Hathway a non- exclusive, world-wide, royalty-free right to use Your name and content of the recording and transferable license ("Brand Features"), in connection with Your Content, and to use limited excerpts from Your recording for advertising or promotional purposes through the internet, Television presentations, marketing materials, customer lists, financial reports and website listings, among others. If this Agreement is terminated, Hathway may continue to use such excerpts and Brand Features materials that are in existence as of the date of termination.

    You understand and agree, however, that Hathway may retain, but not display, distribute, or perform, server copies of your recordings that have been removed or deleted.

  • You admit and acknowledge that Hathway does not endorse any content submitted by you in your recording(s) to any subscriber or other licensor, or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with Content in recording(s).

  • These Terms of Service, and any rights and licenses granted hereunder, shall not be transferred or assigned by you, but may be assigned by Hathway without restriction.

  • We provide these Terms of Service with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms of Service and that you have agreed to them.

  • You agree that: (i) the Service shall be deemed exclusively based in Mumbai. In addition, for any dispute arising out of or related to the Service, the parties consent to exclusive jurisdiction of the courts in Mumbai only. These Terms of Service, shall constitute the entire agreement between you and Hathway concerning the Service.

  • No waiver of any term of this Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Hathway’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

Declaration:

I, hereby agree to cablecast my recording(s) on Hathway's H-Tube platform and agree to be bound by the Terms and Conditions provided on Hathway’s website for H-Tube platform, which are appended hereto.

I understand and accept that this declaration is a pre-condition of my recording(s) being accepted for cable casting on Hathway’s H-Tube platform. I acknowledge that Hathway has given me a reasonable opportunity to review these Terms of Service and that I have read and understood the Terms of Service and have agreed to them.

I understand and accept that Hathway is not under any compulsion to cablecast the recording submitted by me. In the event Hathway desires to cablecast my recording(s), then I agree to give Hathway complete, unfettered and unencumbered rights to add, edit, modify, alter or make changes and promote my recording(s) on any platform and for any and all purposes whatsoever. I affirm that I have read the technical guidelines for making the recording(s) and that the same have been followed by me. I understand and agree that the decision of cable casting my recording(s) solely rests with Hathway and Hathway will not give any intimation to me in this regard. I declare that I shall not contest or challenge the decision of Hathway in the event they choose not to cablecast the recording submitted by me.

I affirm and warrant that I have the required licenses ownership and certificates of the contents in the making of the recording(s), including but not limited to, concept, soundtrack, music, images and have obtained consents of all the persons in the recording(s).

I agree to defend and hold Hathway harmless against any and all claims arising from time to time out of my recording(s) including any legal claims and non-compliance of any laws.