INTRODUCTION

Star India Private Limited and its Affiliates (hereinafter referred to as “the Company”, “We”, “Us” or “Our”) are providing MINT (mobile application) (hereinafter referred to as “App”) for use only by authorised persons having access to official Disney Star e-mail ID  [collectively referred to as “User(s)”, “You”, “Your”] only to perform inter alia the below activities (“Services”):

App will function as a quick access tool to provide necessary approvals for fresh deals, or any amendments made in the existing deals as per DOA matrix from anywhere, at any time.

GENERAL

• This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder and provisions pertaining to electronic records as maybe applicable under various statutes amended from time to time. These Terms of Use document (‘Terms’) is an electronic record generated by a computer system and does not require any physical or digital signatures.
• "Affiliate" means with respect to a Party, an entity that now or in the future, directly or indirectly controls, is controlled by, or is under common control with such Party. “Control” or “controlled” means the power to direct the management or policies of the said entity, whether through the ownership of 50% or more of the voting power of the said entity, through the power to appoint a majority of the members of the board of directors or similar governing body of said entity, through contractual arrangements, or otherwise.
• Please read these Terms carefully. By accessing and using this App, you agree that you have read, understood, and accepted the Terms including any additional terms and conditions and any policies referenced herein.We may amend the Terms from time to time and you agree to be bound by the revised Terms as and when they are amended. It is your sole responsibility to read the Terms regularly.
• Your use of the App is subject to all applicable internal policies of and the terms and conditions of your employment contract with the Company including without limitation those policies governing confidentiality and Standards of Business Conduct.
• Your use of the App is further subject Personal Data Privacy Policy published at https://www.disneystar.com/legal-terms-policies/policies/personal-data-privacy-policy-updated (as may be amended from time to time).

USER ACCOUNT

User account will be directly linked to the User’s official Disney MyID login credentials. The User is responsible for safeguarding the password that the User will use to access the App and for any Services or actions under the password field.  User agrees not to disclose their password to any third party. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Us immediately if You have any reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.

CONTENT

GUIDELINES PERTAINING TO CONTENT INPUT

“Content” refers to content such as text, images, or other information that can be inserted, posted, uploaded, linked to or otherwise made available by the User on the App, regardless of the form of that content.

User confirms and warrants that all the Content provided by the User on the App is true, current, complete and accurate in all respects.

User represents and warrants that: (i) the User has the right to use the Content and (ii) the insertion, posting, using, reproducing, storing of such Content on or through the App does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. User grants the Company the right and license to use, modify, reproduce, and distribute such Content on and through the App as per the business requirement of the Company.

Users acknowledge that the Company does not guarantee any confidentiality with respect to any Content.

User acknowledges, consents and agrees that Company may access, preserve, and disclose its account information subject to the Privacy Policy, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) business requirement; or (d) protect the rights, property or personal safety of Company, its employees and the public.

CONTENT RESTRICTIONS

The Company is not responsible for the User’s content. You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

(a) belongs to another person and to which User do not have any right to;

(b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

(c) harm minors in any way;

(d) infringes any patent, trademark, copyright or other proprietary rights;

(e) violates any law for the time being in force;

(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(g) impersonate another person;

(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

(i) 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 any other nation;

(j) Promoting unlawful activity.

(k) Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.

(l) Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms. The Company further reserves the right to make formatting and/ or editing changes or change the manner of any Content. The Company can also limit or revoke the use of the App if the User posts such objectionable Content. The Company cannot control all Content posted by Users on the App. Users understand that by using the App they may be exposed to Content that they may find incorrect or objectionable, and User agrees that under no circumstances will the Company be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content.

In no event does the Company assume any responsibility or liability whatsoever for any Content, and User agrees to waive any legal or equitable rights or remedies Users may have against the Company with respect to such Content. 

User may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing their copyright.

The Company shall take all reasonable measures, including taking down the objectionable Content expeditiously. User agrees and acknowledges that the Company’s responsibility in relation to objectionable Content is limited to removing them pursuant to receipt of its objections in accordance with these Terms and the Company shall not be responsible or liable for any other damages or losses incurred by User of any nature whatsoever.

CONFIDENTIALITY

You shall keep all App Content and other information relating to the Company obtained, disclosed, or will be disclosed to you or which you may have access to while performing the Services and which is not in the public domain (“Confidential Information”), in complete and strict confidence during your use of the App and at all times thereafter. You hereby agree that the Confidential Information of the Company shall be used only for purpose of the Services and shall not be disclosed to any person without prior written consent of the Company.

INTELLECTUAL PROPERTY RIGHTS

Company is the owner or the licensee of all intellectual property rights of the App, including all source code, databases, functionality, software, App designs, audio, video, text, photographs, and graphics in the App (collectively, the “Company Materials”), as well as the trademarks, service marks, and logos contained therein (the “IP Rights”). Company Materials and IP Rights are protected by applicable copyright and trademark laws. Company Materials and IP Rights are provided in or through the App “AS IS” for internal business purposes only.

Subject to the User’s compliance with these Terms, the Company grants you a non-exclusive, non-transferable, revocable license to access the App solely for the User’s non-commercial and internal business purposes only.

The Company reserves all rights not expressly granted to the User in and to the App, Company Material, and IP Rights. Any breach of these Intellectual Property Rights will constitute a material breach of these Terms and the Users right to use the App will terminate immediately.

User acknowledges and agrees not to either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the App Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the App Content including geo-filtering mechanisms. Further, User agrees not to either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the App content or create any derivative work and/or material based on the App content.

MOBILE APPLICATION MANAGEMENT

Company reserves the right, but not the obligation, to: (1) monitor the App for violations of these Terms; (2) take appropriate action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, termination of your employment; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of User Content or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the App or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the App in a manner designed to protect our rights and property and to facilitate the proper functioning of the App.

User agrees that Company has the right to temporarily suspend access to the whole or any part of the App for any technical/operational reason. Company may, but shall not be obliged to, give User as much notice of any interruption of access to the App as is reasonably practicable. Company will restore access to the App as soon as reasonably practicable after temporary suspension.

User agrees that Company shall be under no liability whatsoever to the User in the event of non-availability of the App or any portion thereof occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the control of Company.

User agrees that the Company shall not be responsible for any problems or technical malfunction of any online systems, servers or providers, equipment’s or software due to technical problems or traffic congestion on the App, including any injury or damage to the User(s)’ or to any person(s)’ device related to or resulting from participation or downloading materials from the App.

INDEMNITY

You agree to indemnify Company and its Affiliates, for all claims, proceedings, penalties, damages, losses, actions, costs and expenses arising out of or in relation to your : (1) your Content; (2) unauthorised use of the App; (3) breach of these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other User of the App with whom you connected via the App. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

LIMITATION OF LIABILITY

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the App, even if we have been advised of the possibility of such damages.

We will maintain and retain certain Content that you transmit to the App for the purpose of managing the performance of the App and business reasons, as well as data trail relating to your use of the App. Although we perform regular routine backups of Content, you are solely responsible for all Content that you transmit or that relates to any activity you have undertaken using the App. You agree that we shall have no liability to you for any loss or corruption of any such Content, and you hereby waive any right of action against us arising from any such loss or corruption of such Content.

TERM AND TERMINATION

These Terms shall remain in full force and effect while you use the App. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the App (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any of these terms or of any applicable law or regulation. We may terminate your use or participation in the App or delete your account and any Content or information that you posted at any time, without warning, in our sole discretion. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Confidentiality and such other provisions which by its very nature can continue to survive shall survive the expiration or termination of your use of the App.

GOVERNING LAW

These terms shall be governed by the laws of India. Disputes or proceedings arising shall be subject to the jurisdiction of the courts in Mumbai, India.

MISCELLANEOUS

These Terms and any policies or operating rules posted by us on the App or in respect to the App constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

CONTACT US

In case of any queries, please contact Star.Support.Mint@disney.com for Entertainment set of channels, for issues in regional channels please contact Star.Support.Regionalmint@disney.com