All Subscribers subscribing to or otherwise using the MMTPL Fun2Shoot Mobile Streaming Services, agree to be bound by the terms and conditions contained hereinbelow. It is further undertaken by the Subscriber that the contents hereinbelow including words/paragraphs contained in fine print are fully read and understood by the Subscriber before acceptance of the same. It is also specifically understood and accepted that the Subscriber agrees to be bound by any additional terms and conditions that MMTPLor MMTPL Group Companymay post on its website from time to time.
It is further specifically understood that the word “Subscriber” shall mean any natural or artificial person, subscribing to use the MMTPL services,including all such persons using the service on behalf of or on the account of such Subscriber.
“MMTPL” refers to Maverick Media and Technologies Pte. Ltd.,a company incorporated in Singapore with its office at 1 North Bridge road, #19-04/05, High Street Centre, Singapore (179094). “MMTPL Group Company” refers to a company owned or controlled by MMTPL and includes all subsidiaries, partners and alliances and associates of MMTPL. Reference in each individual case may be made to such individual MMTPLGroup Company whose service is being subscribed to.
The words “MMTPL Group Services” shall refer to any services or applications being offered by any MMTPL Group Company and being subscribed to by the Subscriber. Such services shall include, but not be limited to, Fun2Shoot Mobile Streaming Services. “Fun2ShootMobile Streaming Services” refers to the facility provided to the Subscriberusing their mobile phones to broadcast video through the Fun2Shoot servers by uploading information on the server of Fun2Shoot. “End Users” refers to those persons who receive the information broadcasted by a Subscriber using the Fun2Shoot Mobile Streaming Services.
MMTPL further states that not all mobile telephone devices support the MMTPLGroup Services being subscribed to by the Subscriber. The Subscriber is always advised to verify if the mobile telephone he/she intends to use supports the MMTPLGroup Service that is being subscribed to.
It is made clear between the parties that MMTPLGroup Services are being provided by MMTPLonly in terms of this agreement subject to any additional terms and conditions that any MMTPL Group Company may post on its website from time to time.
It is also made clear that by using any of the services or applications offered by MMTPL or a MMTPL Group Company, including but not limited to the Fun2Shoot Mobile Streaming Services, the Subscriber or user of such services shall be deemed to have read and agreed to the terms and conditions and Privacy Policies of MMTPL and MMTPL Group Companies and that you are bound by it.
Part A: SubscriptionAgreement
I. Description of MMTPLGroup Services provided
The ‘MMTPLGroup Services’ include –
- Fun2Shoot Mobile Streaming Services
- Fun2Shoot stream viewing services as also any other service that may be provided by a MMTPLGroup Company from time to time. Except for assurances specifically given or descriptions specifically made, MMTPLor MMTPL Group Company does not give any implied or explicit assurances or warranties with regard to MMTPL Group Services.
Notwithstanding the description of any of the ‘MMTPLGroup Services’, the Subscriber specifically agrees to have subscribed to the service on an ‘as is’ and ‘as provided’ basis
The Subscriber may, if he/she so desires, choose only some of the services listed above.
II. Subscriber’s Specific Covenants
- The Subscriber agrees that he/she has fully examined and understood the ‘MMTPLGroup Services’ being subscribed to, with all its limitations, and is subscribing to the same with full understanding of the same.
- The Subscriber agrees not to hold MMTPL or MMTPL Group Company or their directors, employees or its licensors responsible for any deficiencies on account of timeliness, misdelivery, deletion or otherwise of user communication or personalized settings on account of the ‘MMTPLGroup Services’.
- The Subscriber agrees that the subscription is limited to the ‘MMTPLGroup Services’ and that such services or any additional servicessubscribed toby the Subscriber may involve payment of usage charges or third party fees, payment of which shall be the sole responsibility of the Subscriber. Further the Subscriber is otherwise responsible for any liability that may arise out of such downloads.
- The Subscriber specifically understands that some of the content made available as part of the ‘MMTPLGroup Services’ may not be suitable for access to persons below the age of 18 years. The Subscriber states that he or she is not below the age of 18 years. The Subscriber agrees to ensure that he/she shall not make the ‘MMTPLGroup Services’ available to any person below the age of 18 years, except with the consent of such person’s parent or guardian. For this purpose, the parent or guardian shall be in the best position to judge the suitability of the content.
- The Subscriber agrees not to hold MMTPL or a MMTPL Group Company or its licensors responsible for any losses or other damage caused or claimed to have been caused, directly or indirectly by the use of the ‘MMTPLGroup Services’.
- The Subscriber of Fun2Shoot Mobile Streaming Services agrees to not upload on MMTPL server and broadcast any data, the broadcast of which may breach Applicable Laws. Subscriber agrees to specifically not upload or broadcast any pornographic or obscene data or data that incites racial, religious or ethnic hatred or otherwise any data in violation of applicable intellectual property laws. For the purposes of this clause, “Applicable Law” shall refer to laws of the republic of Singapore and of such countries which may have jurisdiction over the broadcast of data by Subscriber to the End User.
- Subscriber shall be liable for any liability, accrued or otherwise, arising out of the uploading and/ or broadcast of any data in breach of Clause II (f) above under Applicable Laws.
- Subscriber shall be liable for any liability, accrued or otherwise, arising out of broadcast or any other use of data by the End User under Applicable Laws.
- Subscriber agrees to fully indemnify MMTPL, MMTPL Group Companies, MMTPL directors and employees for any and all liability arising out of the actions of the Subscriber and the End User. For avoidance of doubt, it is hereby clarified that MMTPL or any MMTPL Group Company shall not be responsible and liable for actions of the Subscriber or the End User and that the Subscriber shall be liable under applicable laws for actions of the End Users.
- Subscriber agrees that MMTPL or any MMTPL Group Company may terminate the provision of services at any time without giving any notice to the Subscriber and that MMTPL or such MMTPL Group Company shall not be liable for any damages suffered due to stoppage or termination of MMTPL Group Services.
- The Subscriber agrees that any data uploaded on the server of MMTPL or any MMTPL Group Company shall become the property of MMTPL or such MMTPL Group Company and that MMTPL shall be authorized to access and use such data including the user information, location, and others details about the user in any manner it finds fit, including but not limited to for the purpose of distribution, monetization and also whether to store it or delete it at its sole discretion. Subscriber specifically authorizes MMTPL or MMTPL Group Company to release such data to a governmental authority in any jurisdiction seeking such information under applicable laws with information about the Subscriber or the End User if so required by law.
- MMTPL or any MMTPL Group Company reserves the right to remove any data uploaded by Subscribers on MMTPL’s server. Specifically MMTPL shall be entitled to remove such data reported as abusive or offensive by MMTPL or other Subscribers or users as MMTPL may decide from time to time.
III Obligations at the Time of Registration/Subscription
- The Subscriber specifically agrees that he/she is fully and legally competent to understand and enter into this agreement.
- The Subscriber specifically undertakes that the information provided at the time of subscription/registration is true, full and complete and has not omitted to provide any material information or that such information is not misleading in any manner whatsoever. The Subscriber further undertakes to update the information to ensure that the information provided is true and completeat all times.
- The Subscriber shall be responsible for any activity that takes place on his/ her subscription. For avoidance of doubt it is clarified that the Subscriber shall continue to remain liable for information provided at the time of registration (i.e. phone number, email address etc) even if such information no longer pertains to the Subscriber. It is the obligation of the Subscriber to update the information provided by him/ her at the time of registration at the earliest and in the event Subscriber’s email address or mobile number is used for any illegal or impermissible activity then the Subscriber shall be solely liable for such breach or for uploading and broadcasting inappropriate content, including pornographic or abusive content or content that in any manner supports terrorist or other unlawful activities. The Subscriber is cautioned to not share his user name, password and other account details with any one.
- The Subscriber further understands that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials forming part of the ‘MMTPLGroup Services’ (hereinafter called "content", except where the context requires or implies otherwise), are the sole responsibility of the person from whom such content originated and that MMTPL shall not be liable for any liability arising out of broadcast of such data or out of uploading or storing of such data on MMTPL’s server. MMTPL explicitly retains ownership of the content once uploaded to the server as its own and retains the right to treat the content in a manner it finds it fit. MMTPL also has the authority to monetize, delete, archive, share and edit the content for any purpose or reason it finds fit at its sole discretion.
- The Subscriber further agrees that at any time during the validity of the subscription being referred to herein, MMTPL shall be entitled to demand proof of the information submitted as above, and if such information is found to be false or misleading or otherwise incomplete in material respect, shall, in addition to other remedies that it might have, be entitled to discontinue ‘MMTPLGroup Services’ immediately. This shall not entail any refunds by MMTPL if the service is charged. The Subscriber will also have no right to claim or file any case or proceed legally for claiming any rights on the content.
- The Subscriber further agrees and understands that while MMTPL may or may not screen the content posted by its various Subscribers, MMTPL shall at all times be entitled to screen such content and to delete the same if such content shall be found to be prima facie violative of the terms of this agreement or otherwise objectionable or violative of the any applicable laws. This shall not however be construed as limiting the liability of the user who has uploaded the content;
- The Subscriber agrees that he/she shall be responsible for evaluating, and bearing all risks associated with the use of ‘MMTPLGroup Services’, including any reliance on the accuracy, completeness, or usefulness of any content.
- The Subscriber understands that the technical processing, transmission, availability etc. Of the ‘MMTPLGroup Services’, including the content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. The Subscriber understands that the ‘MMTPLGroup Services’ and software embodied within the ‘MMTPLGroup Services’ may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by and/or content providers who provide content to the ‘MMTPLGroup Services’. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the ‘MMTPLGroup Services’, in whole or in part, is strictly prohibited.
- The Subscriber agrees not to reproduce, duplicate, copy, sell, trade, resell, reverse engineer or exploit for any commercial purposes, any portion of the ‘MMTPLGroup Services’ or its components, use of the ‘MMTPLGroup Services’, or access to the ‘MMTPLGroup Services’.
IV. SubscriberAccount, Password, Phone or Security
Upon completion of the subscription process, the Subscriber may [in the case of certain ‘MMTPLGroup Services’] receive a password and account designation. The Subscriber is solely responsible for maintaining the confidentiality of the password and account and shall be responsible for all activities that occur under that account. The Subscriber agrees to (a) immediately notify MMTPL and MMTPL Group Company of any unauthorized use of the password or account or phone or any other breach of security; and (b) ensure that the user exits from his/her account at the end of each session.
V. Subscriber’s Conduct
Without prejudice to the terms and conditions contained elsewhere in this agreement, the Subscriber undertakes not to use the service to:
- upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically, religiously or otherwise objectionable;
- impersonate any person or entity, including, but not limited to, a MMTPL official, forum leader, guide or host, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the ‘MMTPLGroup Services’;
- upload, post, email, transmit or otherwise make available any content that the Subscriber does not have a right to make available under any law or under contractual obligations.
- upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or in any manner disrupt or otherwise negatively affect other users' ability to use the ‘MMTPLGroup Services’;
- interfere with or disrupt the ‘MMTPLGroup Services’ or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the ‘MMTPLGroup Services’ or of the MMTPL Group Company;
- in any manner violate any applicable local, state, national or international law;
- engage in any manner of unlawful conduct whatsoever that may be in violation of the information technology act, or of any other law for the time being in force. Further, recognizing the global nature of the internet, the Subscriber agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, Subscriber agrees to comply with all applicable laws regarding the uploading, broadcasting and otherwise transmission of technical data of all applicable jurisdictions.
VI. Contributions by Subscribers
By submitting ideas, videos, suggestions, documents, or other information and/or proposals (hereinafter called "Contributions") to MMTPL including through its registration, suggestion or feedback webpages or through any other means whatsoever, the Subscriber acknowledges and agrees that: (a) his/her Contributions do not contain confidential or proprietary information; (b) MMTPL is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) MMTPL shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) MMTPL may have something similar to the Contributions already under consideration or in development; (e) Subscriber’s Contributions automatically become the property of MMTPL without any obligation of MMTPL to the Subscriber; and (f) the Subscriber shall not be entitled to any compensation or reimbursement of any kind from MMTPL under any circumstances.
The Subscriber agrees to indemnify and hold MMTPL, MMTPL Group Companies and their respective subsidiaries, affiliates, officers, agents, directors, employees, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of the use of the ‘MMTPLGroup Services’ by the Subscriber, including but not limited to claims arising in connection with uploading, broadcasting or transmission of abusive content prohibited within the terms of this Agreement. For avoidance of doubts it is further clarified that the Subscriber shall be liable for all actions of the End Users and that the Subscriber agrees to indemnify MMTPL or MMTPL Group Company or their respective subsidiaries, affiliates, officers, agents, directors, employees, partners and licensors for any liability, accrued or otherwise, suffered due to the actions of the End Users.
VIII General Practices
The Subscriber acknowledges that MMTPL may establish general practices and limits concerning use of the ‘MMTPLGroup Services’. The Subscriber acknowledges that MMTPL reserves the right to modify these general practices and limits from time to time and the same would be binding on the Subscriber.
MMTPL reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the ‘MMTPLGroup Services’ (or any part thereof) with or without notice. The Subscriber agrees that MMTPL shall not be liable to him/her or to any third party for any modification, suspension or discontinuance of the ‘MMTPLGroup Services’.
The Subscriber agrees that MMTPL may, at any time and without prior notice, immediately terminate his/her access to the ‘MMTPLGroup Services’, without giving rise to any liability against MMTPL.
Any advertisements done or promoted on the MMTPL Group Services are sole relationship between the advertisers / brand and the MMTPL Group Services and user or Subscribers will not get any commercial benefit out of the same. User or Subscribers are prohibited from undertaking any direct or indirect advertisement activity on the MMTPL Group Services and / or through the content published by the Subscribers on the MMTPL Group Services.
XII Third Party Links
MMTPL may provide, or third parties may provide, links to other web sites or resources. The Subscriber acknowledges and agrees that MMTPL is not responsible for the availability of such external sites or resources, and that MMTPL does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
XIII Proprietary Rights
The Subscriber acknowledges and agrees that the ‘MMTPLGroup Services’ and any necessary software used in connection with the ‘MMTPLGroup Services’ (herein called "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The Subscriber further acknowledges and agrees that content contained in sponsor advertisements or information presented to the Subscriber through the service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by MMTPL or its licensors or advertisers, the Subscriber agrees not to modify, reverse engineer, decode rent, lease, loan, sell, distribute or create derivative works based on the ‘MMTPLGroup Services’ or the Software, in whole or in part.
XIV Disclaimers &Warranties
In addition to the disclaimer and warranties explicitly and impliedly contained elsewhere in this agreement, the Subscriber expressly understands and agrees that:
- The Subscriber’s use of the ‘MMTPLGroup Services’ is at his/her sole risk. The ‘MMTPLGroup Services’ is provided on an "as is" and "as provided" basis. MMTPL and its subsidiaries, affiliates, officers, directors, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
- MMTPL and its subsidiaries, affiliates, officers, Directors, employees, agents, partners and licensors shall not be responsible for any deficiency in ‘MMTPLGroup Services’ on account of a lack of mobile telephone network, defect in the mobile device or other device being used or on account of any other reason not directly attributable to MMTPL;
- MMTPL and its subsidiaries, affiliates, officers, Directors, employees, agents, partners and licensors make no warranty that (i) the ‘MMTPLGroup Services’ will meet the Subscriber’s requirements; (ii) the ‘MMTPLGroup Services’ will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the ‘MMTPLGroup Services’ will be accurate or reliable; and (iv) the quality of any products, ‘MMTPLGroup Services’, information or other material purchased or obtained by the Subscriber through the ‘MMTPLGroup Services’ will meet his/her expectations;
- Any material downloaded or uploaded or otherwise obtained through the use of the ‘MMTPLGroup Services’ is accessed at the Subscriber’s own discretion and risk, and that he/she will be solely responsible for any damage to his/her device or loss of data that results from the download or upload of any such material;
- The ‘MMTPLGroup Services’ is provided for informational purposes only, and no content included in the service is intended for trading or investing purposes. MMTPL and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the ‘MMTPLGroup Services’, and shall not be responsible or liable for any trading or investment decisions based on such information;
XV Limitation of Liability
The Subscriber expressly understands and agrees that MMTPL and its subsidiaries, affiliates, officers, directors, employees, agents, partners and licensors shall not be liable to the Subscriber for any direct, indirect, incidental, special, consequential or exemplary damages.
MMTPL may provide the Subscriber with notices, including those regarding changes to this agreement, by any means including but not limited to email, regular mail, sms, mms, text message, postings on the service, or other reasonable means now known at present or hereinafter developed and such notice shall constitute adequate notice to the Subscriber.
The Subscriber may provide MMTPL with notices, by registered post and email at such notice address as notified on its web page and this shall constitute adequate notice to MMTPL.
- Entire agreement.
This agreement constitutes the entire agreement between the Subscriberand / or End User and MMTPL and governs the use of the ‘MMTPLGroup Services’, superseding any prior agreements between the Subscriber and MMTPL with respect to the ‘MMTPLGroup Services’. The Subscriber also may be subject to additional terms and conditions that may apply when the Subscriber uses or purchases certain other MMTPL services, affiliate services, third-party content or third-party software.
If any provision of this agreement is prohibited or held or determined to be void, invalid, illegal or unenforceable in any jurisdiction under any law applicable for the time being, such provisions shall be deemed amended or modified or deleted in so far as is reasonably inconsistent with the provisions of this agreement and to the extent necessary to conform to applicable laws and the remaining provisions of this agreement shall remain valid, legal and enforceable in accordance with this agreement. A failure by MMTPL to enforce any of its rights under this agreement shall not at any time be construed as a waiver thereof.
- Governing law & arbitration
This agreement and the rights and obligations of the parties under this agreement shall be construed and enforced in accordance with the laws of Singapore. Any dispute arising out of this Agreement, shall be subjected to arbitration in terms of the Law of Singapore. Either party may refer the matter to a sole arbitrator to be nominated by two arbitrators each appointed by the party. The decision of the arbitral tribunal shall be binding and final. The arbitration shall be conducted in English language at Singapore or a country of choice decided by MMTPL.
(d) without prejudice to any other term of this agreement, it is specifically agreed by the Subscriber that no claim or cause of action shall lie against MMTPL and/or its subsidiaries, affiliates, officers, directors, employees, agents, partners and licensors at any time later than one month from the date of subscription to the service or within one month of termination of such services.
1. Using and disclosing your personal information
MMTPL or MMTPL Group Company reserves the right to use the information provided by the Subscriber in any manner it deems fit. It is also clarified for avoidance of doubt that any and all information uploaded on the server of MMTPL becomes the property of MMTPL. The Subscriber understands that MMTPL may or may not screen all information uploaded on its servers and accordingly continues to be wholly liable and responsible for any and all claims arising out of the uploading, broadcasting and transmission of such information, including for actions of the End Users.
We also use your personal information for internal quality assurancepurposes.
MMTPLfurther reserves the right to disclose Subscriber information or any information available with it or uploaded on its servers if:
- Required by law, courts, investigative agency or by any other governmental authority of any jurisdiction.
- To protect the rights, property or personal safety of another Subscriber, or of MMTPL itself or of any member of the public.
- The assets and operations of the business are transferred to another party as a going concern.
- The disclosure is required in the regular course of business of MMTPL, including for its promotional and marketing purposes and disclosure of information to its advisors, including legal and financial advisors.
2. Service providers
MMTPL uses or may use a range of service providers, consultants, etc to help maximize the quality and efficiency of its business operations. This means that individuals and organisations outside of MMTPL, will have access to personal information held by MMTPL and may use it on behalf of MMTPL. We take no responsibility for the actions of such persons or of any third persons who come into possession of such information.
3. MMTPL and marketing activities
4. Changing and deleting the information we have about you
If at any time you wish to change personal information that is inaccurate or out of date, please contact MMTPL and the records would be amended. If you wish to have your personal information deleted, please let MMTPL know in the same manner as referred to above and we will take all reasonable steps to delete it unless we need to keep it for legal reasons.
5. Storage and security of your personal information
You may contact MMTPL and report as abusive any information uploaded on our servers and MMTPL may remove such information after verification. Please note however that data is uploaded on our server by Subscribers and accordingly MMTPL or any of MMTPL Group Company is not liable for any liability arising out of such data. The Subscriber remains liable for data uploaded and broadcast using our services. Subscriber is also liable for actions of the End User to whom such data is broadcasted.
6. What to do if you have a problem or question or want to contact MMTPL
7. Future changes