This policy is specific to India users. Our Privacy Policy for EU users can be found here.
This Privacy Policy shall be read in conjunction and together with the Terms of Use / User Agreement forms an integral part of the User Agreement between You (“User(s) or you”) and Megapixels (“We/Our/Us/Megapixels”). Capitalized terms not defined herein shall have the meaning attributed to them under the Terms of Use / User Agreement
1. Megapixels Terms of Privacy Policy
Privacy Policy describes how and when Megapixels collects, processes, uses and shares your information when you use Megapixels, including our mobile applications and websites (the “Services”). Megapixels receives your information through our mobile applications, websites, email notifications, and other interactions with our Services. By accessing and/or using the Services, you consent and authorize us to the collection, transfer, processing, storage, disclosure and other uses of your information as described in this Privacy Policy. If you do not agree with any or all of the following terms of the Privacy Policy, please Do Not Use and/or access the Services.
2. Personal Data Collection and Use
We use Personal Information to facilitate and improve our Services and communicate with you following existing regulations, while data integrity, accuracy, relevancy and legally justified processing are ensured. The data we collect depends on the context of your interactions with us, the choices you make, including your privacy settings, and the products and features listed below (collectively “Personal Information” or “Personal Data”):
2.1 General Information
The general data we collect can include SDK/API/JS code version, browser, Internet service provider, IP address, platform, timestamp, application identifier, application version, application distribution channel, independent device identifier, Android ad master identifier, network card (MAC) address, and international mobile device identification code (IMEI) the equipment model, the terminal manufacturer, the terminal device operating system version, the session start / stop time, the location of the language, the time zone and the network state (Wi-Fi and so on).
2.2 Finding Friends and Connecting to Other Services
Services include several features to help connect you to the accounts of people you already know. For example, you may upload information from your address book or connect your Megapixels account to your account on another service such as Twitter. Megapixels will match the information you provide with the contact information of other Megapixels users in order to provide and improve the Services, for example by making recommendations and routing Megapixels messages. You may remove address book data from Megapixels at any time through the settings in your Megapixels app. When you connect your Megapixels account to other services, you are able to post your content to those services as well. You may disconnect your Megapixels account from your account on the other services at any time.
Your Megapixels account will immediately revoke our authorization to cross-post on your behalf or otherwise access that account and we will delete information obtained from that connection (other than information that was publicly posted on Megapixels, such as profile information), which may take some time.
2.3 Content, Following, and other Public Information
Megapixels is an (OTT) digital on demand Service which offers a wide range of content for entertainment purposes including without limitations, audio, visual, audio-visual and gaming content, so most of the information you provide us is information that you choose to be made public. This includes not only the content that you post and data provided with such content, such as when it was posted, but also the accounts you follow, the content that you like or comment on, and other public interactions on the Services. Your public information is broadly and instantly disseminated. For instance, your profile information and public content are immediately delivered to a wide range of users and other services that access Megapixels. When you share information or content via the Services, you should think carefully about what you are making public.
2.4 Location Information
In addition to profile information, you may also tell us your exact location if you choose to enable your computer or mobile device to send us location information. We may use and store information about your location to manage content copyright and exploitation restrictions applicable to your location and to also provide features of our Services, such as tagging a video with a location, and to improve and customize the Services, for example, with content that has been tagged near your location.
2.5 Links
We may keep track of how you interact with links across our Services, including our email notifications, third-party services, and client applications, by redirecting clicks or through other means. We do this to help improve our Services, for example to provide relevant advertising, and to be able to share aggregate click statistics such as how many times a particular link was clicked on.
2.6 Cookies
We may use “cookie” technology to collect additional website usage data and to improve our Services, but we do not require cookies for many parts of our Services such as viewing public videos. A cookie is a small data file that is transferred to your computer’s hard disk. Megapixels may use both session cookies and persistent cookies to better understand how you interact with our Services, to monitor aggregate usage by our users and web traffic routing on our Services, and to customize and improve our Services. Most Internet browsers automatically accept cookies. If you do not want cookies from Megapixels or other websites, you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. However, some Services may not function properly if you disable cookies.
2.7 Log Data
The servers automatically record information (“Log Data”) created by your use of the Services. Log Data may include information such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device and application IDs, search terms, and cookie information. We receive Log Data when you interact with our Services, for example, when you visit our websites, sign into our Services, view videos hosted by Megapixels, or interact with our email notifications. Megapixels uses Log Data to provide our Services and to measure, customize, and improve them. If not already done earlier, we will either delete Log Data or remove any common account identifiers, such as your username, full IP address, or email address, after 18 months or such other period as required by us.
2.8 Other Non-Personal Identification Information
We do not collect the “Personal Information” which can identify you or another person. We may collect non-personal identification information about Users whenever they interact with our apps. Non-personal identification information may include the type of your phone, apps and other technical information about Users means of connection to our apps, such as the versions of phone model and other similar information.
2.9 Third-Party Services
Megapixels uses a variety of third-party services to help provide our Services, including to host our various blogs and wikis and to help us understand the use of our Services. These third-party service providers may use cookies and other technologies to collect information about your use of our Services and other websites and services, including your IP address, device ID, pages viewed, and links clicked. Our service providers include Google Analytics its demographics and interests reporting feature, which you can opt out of here.
Megapixels also use Facebook ad support: https://m.facebook.com/ads/ad_choices.
Megapixels also uses YouTube API Services in some of its products. That means if you are using a Megapixels’ service which makes use of YouTube APIs, then you are agreeing to the YouTube Terms of Service & Google Privacy Policy as well.
Megapixels also uses Google API through which Megapixels collects information of the “Installed Application” in the Users android-based devices.
2.10 Interest-Based Ads
In order to provide with a personalized advertisement experience to you, third parties, including Facebook, may collect or receive information from our app and other apps and use that information to improve services and targeted ads.
your Android, you can change your device settings to control whether you see online interest-based ads from Facebook and other companies.
your Android (versions 2.2 and up) and Google Play Services (versions 4.0 and up):
Go to Google Settings
Tap Ads
Tap opt out of interest-based ads and tap OK
on your choice on Ad mob ad personalization consent page, Ad mob & its partners will deliver personalized ads or non-personalized ads to you while using our Services. But, if you ever change your mind in the future, you can easily change your choice about interest-based ads anytime by:
Tap Help menu in our app
Tap Ad Preferences and make your choice
Revisit our Services
3. Sensitive Personal Data and Information
Megapixels will never ask you and you must never provide sensitive Megapixels will never ask you and you must never provide Sensitive Personal Data Or Information to Megapixels or to any person/entity representing Megapixels. Any disclosure of Sensitive Personal Data Or Information shall be at your sole risk and without any liability to Megapixels (including its directors, key managerial personnel, officers and employees). You understand, acknowledge and agree that Megapixels or any other person acting on behalf of Megapixels shall not in any manner be responsible for the authenticity of the Personal Information or Sensitive Personal Data or Information provided by you to Megapixels.
You must note that any information that is freely available or accessible in public domain shall not be regarded as Personal Information or Sensitive Personal Data or Information for the purposes of this Privacy Policy and Megapixels shall not be obliged to take any measures to protect the same since the same is freely available in the public domain. Please further note that identity theft and the practice currently known as “phishing” are of great concern to Megapixels. We do not and will not, at any time, request your credit card information/debit card information/financial pin numbers and passwords.
4. Information Sharing and Disclosure
To improve our products and provide you with better service, We also share Personal Data with vendors or agents working on our behalf for the purposes described in this Privacy Policy. For example, companies we’ve hired to provide data analytical services may need collect and access to Personal Data to provide those functions. In such cases, these companies must abide by our data privacy and security requirements.
4.1 Your Consent
Megapixels may share or disclose your information at your direction, such as when you choose to publicly post a video or update your profile information.
4.2 Service Providers
Megapixels engages service providers to perform functions and provide services to us in India and abroad. We may share your Personal Information with such service providers subject to confidentiality obligations consistent with this Privacy Policy, and on the condition that the third parties use your Personal Data only on our behalf and pursuant to our instructions.
4.3 Law and Harm
Megapixels may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect Megapixels’ rights or property. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose your information.
4.4 Business Transfers
In the event that Megapixels is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. The promises in this Privacy Policy will apply to your information as transferred to the new entity. By providing your information to us, you consent to any transfer and processing in accordance with this Privacy Policy.
4.5 International Transfers
If Megapixels needs to host/ store its data which includes the Users data as available with Megapixels to severs falling out of Users jurisdiction, Megapixels will take all reasonable efforts to ensure that transfer and storage of such data to servers located outside the Users jurisdiction are bound by duty of confidentiality.
4.6 Non-Private or Non-Personal Information
Megapixels may share or disclose your non-private, aggregated or otherwise non-personal information, such as your public user profile information, public posts, the people you follow or that follow you, or the number of users who clicked on a particular link (even if only one did).
5. Age of Consent and Child Policy
Services is primarily meant for the Users who have attained the age of 18 years or above and you have given us your consent to allow any of your minor dependents (less than 13 years) to use and access our Services. If you access our Services, then you shall be bound by our Age Suitability Terms.
6. Our Policy Towards Children
Services are not directed to minors who are under the age of 13. If you become aware that your child has provided us with Personal Information without your consent, please email to support@Megapixels.co.in. We do not knowingly collect personal information from children under the age of 13. If we become aware that a child under the age of 13 has provided us with personal information, we take steps to remove such information and terminate the child’s account.
7. Legal Basis for Personal Data Processing
Megapixels processes Personal Data for the purposes set out in this Privacy Policy, as described above. Our legal basis to process Personal Data includes processing that is: necessary for the performance of the contract with you (for example, to provide you with the services you request and to identify and authenticate you so you may use our Service); necessary to comply with legal requirements (for example, to comply with applicable accounting rules and to make mandatory disclosures to law enforcement); necessary for our legitimate interests (for example, to manage our relationship with you, to ensure the security of our services, to communicate with you about our products and services); and based on consent by our customers (for example, to place certain cookies and to share your information with third parties for advertising purposes).In some instances, you may be required to provide us with Personal Data for processing as described above, in order for us to be able to provide you all of our services, and for you to use all the features of our Services.
8. Third Party Websites / Apps
Service may contain links to other websites/services owned and operated by third parties which are not under the control of Megapixels (“Third-Party Websites/Apps”). Any Third-Party Websites/App you visit by a link from our Service is solely the responsibility of owners of such Third-Party Websites/Apps. The content of, including materials and information contained on, any Third-Party Websites/Apps to which you link from our Service is solely the responsibility of the owner and provider of such Third-Party Websites/Apps. Any transactions that you enter into with a third party listed in this Service or linked from our Service are solely between you and owner/provider of such Third-Party Websites/Apps. Megapixels is and shall not be responsible for any such Third-Party Websites/Apps, any products or services sold or provided by such Third-Party Websites/Apps, nor the organizations publishing those Third-Party Websites/Apps, and hereby disclaim any responsibility and liability for the same. The inclusion of any links does not constitute or imply an endorsement or recommendation by us of the Third-Party Websites/Apps and the services and products offered therein, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Third-Party Websites/Apps. Megapixels shall not be liable, accountable or responsible for your Personal Information and/or Sensitive Personal Data or Information being used or misused by such Third-Party Websites/Apps.
access and usage of any Third-Party Websites/Apps is entirely at your own risk. Megapixels shall not be a party to any transaction between you and a Third-Party Websites/Apps. Your use of a Third-Party Websites/Apps is subject to the terms and conditions and privacy policy of such Third-Party Websites/Apps in addition to our Terms of Use/User Agreement and Privacy Policy.
9. Limited Liability
Security of your Personal Information is a paramount importance for us and we want the same to be as safe as possible while using and accessing our Services. To this extent, we have implemented reasonable technical safeguards to protect your Personal Information. Whilst we will take all the reasonable steps to protect your Personal Information against potential risks and exposures, there is no absolute security in the online/ internet sphere as known to public. Therefore, you must not disclose any information on our Services that is Sensitive Personal Data or Information. You understand that the transmission of information over the internet is not completely secure and there are risks associated with it. Although we strive to protect your personal information, we cannot guarantee the security of the same while it is being transmitted to our Services and any transmission is at your own risk.
10. Support
If you do not consent to any part of the terms of this Privacy Policy or wish to withdraw consent to process Your Personal Data then you may stop using the Services and ask us to remove your Personal Data/ Information from our records by writing to our grievance officer Mr. ANURAG PANDEY at megapixels.co.in@gmail.com
11. Changes to this Policy
We may revise this Privacy Policy from time to time without any further notification (except for material changes). The most current version of the policy will govern our use of your Personal Information and will always be updated. We make a change to this policy that, in our sole discretion, is material, we will notify you via an email to the email address associated with your account or through the Services. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Privacy Policy
Megapixels User Agreement
Megapixels Entertainment Pvt. Ltd., having its office at C-3/76 VIBHUTI KHAND, GOMTI NAGAR, LUCKNOW, INDIA, PIN- 226010, Company Registration No. 113704, CIN- U74999UP2019PTC113704, ROC CODE- RoC Kanpur (“Megapixels”, “we”, “us” or “our”), owns/ operates ‘over the top” on demand digital application/services under the brand name “Megapixels”, one of the fastest growing on demand streaming services in the INDIA (the “Service(s)”.
This user agreement (“User Agreement”) shall be read in conjunction and together with the Privacy Policy which forms an integral part of the User Agreement between Megapixels and you (“User”, “You” or “Your”) in relation to Your access to use of the Services. The Service shall also mean and include the Subscription Service (as defined hereunder), if opted by User.
This User Agreement shall be considered as an “electronic record” as read and construed under Electronic Transaction Act, 2010 of India and amendment thereof or as construed under equivalent local law of Your jurisdiction and rules thereunder as applicable. This User Agreement is generated by a computer system and does not require any physical or digital signatures.
User Agreement is a legal and binding agreement between the User of the Service and Megapixels and states the terms that govern Your use and access of the Service. By accessing this Service, you consent, agree and undertake to abide, be bound by and adhere to the User Agreement and if You do not agree to these User Agreement, you should not access or use the Service. Your access to the Services shall be construed that you agree to the User Agreement and Privacy Policy. We reserve the right, at our sole discretion, to change, modify or otherwise alter these User Agreement at any time without prior notice. Such changes and/or modifications shall become effective immediately upon being posted/published on the Service herein. Your continued use of the Service following the posting of changes and/or modifications shall constitute Your acceptance of any revised User Agreement. We retain the right at any time to deny or suspend access to all or part of the Services to anyone who we believe will violate or has violated any of the terms of the User Agreement.
1. Terms of Use
User Agreement governs Your access of the Services and any features, branding, data, message, text, image, photographs, graphics, audio, sound, voice, codes, computer programmers, software, database, service information, any form of content (series, movies, sports, games etc.) as well as the interactive elements/features etc. that you utilize and host, publish, share, transact, display, upload and/or engage with in course of accessing and using the Services.
Service is offered and made available only to Users above the age of 18 years. By accessing and using the Services, you agree to the Age Suitability Terms in addition to the User Agreement and Privacy Policy. Access to and use of the Services is conditioned on your acceptance of and compliance with the User Agreement with Age Suitability Terms and Privacy Policy. We may also use YouTube API Services/SDK or any third-party API services/SDK in some of our products as permitted under the terms of YouTube policies, if you are using a Megapixels’ service which makes use of YouTube APIs/SDK or any third-party API/SDK services, then you are agreeing to the YouTube Terms of Service/Use or such or any third party Terms of Service/Use as well followed by this User Agreement.
2. Service Usage Terms
You must access and use the Services only if You can form a binding contract with Megapixels and are not a person barred from receiving services under the laws of India or another applicable jurisdiction. If You are accepting these terms of User Agreement and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that You are authorized to do so. You may use the Services only in compliance with the User Agreement, Age Suitability Terms, Privacy Policy, all applicable local, state, national, and international laws, rules and regulations.
Services offered to You are always evolving and the form and nature of the Services may change from time to time without prior notice to You. In addition, Megapixels may stop (permanently or temporarily) providing the Services (or any features within the Services) to You without any prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to You.
To facilitate Your access and viewership, the Service can be packaged by Megapixels through different models such as the Services may be accessible (a) free of charge which may include advertisements or commercials or (b) via subscription through payment of a subscription fee or (c) a pay-per-view model with or without advertisements/commercials or (d) with a combination of the foregoing on the Service.
Service can be availed through platforms, software and devices, which Megapixels approves from time to time (“Compatible Source”). In some cases, whether a device is (or remains) a Compatible Source may depend on software or platform provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Source at one time may cease to be Compatible Source in the future.
Services may include interest-based ads which are online ads that are tailored to Your likely interests based on Your use of various apps and websites across the Internet. If You are using a browser, then cookies and web beacons can be used to collect information to help determine Your likely interests. If You are using a mobile device, tablet, or streaming media device that includes an advertising identifier, then that identifier can be used to help determine Your likely interests. The types and extent of advertising by Megapixels on the Services are subject to change. In consideration for Megapixels granting You access to and use of the Services, you agree that Megapixels and its parent company, third party providers and partners may place such advertising on the Services or in connection with the display of any Content (defined hereunder) or information from the Services whether submitted by You, us or third parties.
3. Service Content and Third-Party Content on the Services
In addition to the content branded as Megapixels Originals and other content fully owned by Megapixels (collectively “Service Content”), we also host and transmit/distribute third party content (including advertisements) as provided by content owner/licensor/producer/aggregator/distributor on “as is” basis without any modification or involvement in creation of such third party content (“Third Party Content”) (hereinafter “Service Content” and Third Party Content” shall be collectively referred to as “Content”). For such Third-Party Content, Megapixels acts purely as an “Intermediary” as read and construed under Electronic Transaction Act, 2010 of India or any relevant laws of India or as construed under equivalent local laws of Your jurisdiction and rules thereunder as applicable. Megapixels expressly exclude any kind of liability relating to Third Party Content. Being an “Intermediary”, Megapixels has no responsibility and / or liability in respect of any Third- Party Content on the Services, including without limitations, for intellectual property rights infringement, defamation, illegal content or any other violation under applicable law.
Content (subject to available rights) will be made available to You through different modes, at the discretion of Megapixels, including via video on demand basis for viewing at the User’s discretion at a time chosen by You and download for offline viewing by You. For downloading any Content, please note that: (a) the downloads are temporary in order to allow You to view the Content within a specified period of time and You shall not attempt to or actually make a permanent copy of the Content in any manner or form, and (b) not every Content may be available for download for offline viewing. Please note that the availability of, and Your ability to access, the Content or some part of Services, (a) is subject to our sole discretion and (b) may be dependent upon Your geographical location and (c) is on the condition that not all Content or Services will be available to all User(s). On account of the nature of the Internet, the Services may also be accessed in various geographical locations; and You hereby agree and acknowledge that You are accessing the Services, at Your own risk, choice and initiative and You agree and undertake to ensure that Your use of the Services complies with all applicable laws including the local laws in Your jurisdiction. Further, the Services and Content may vary from place to place, time to time and device to device and would be subject to various parameters such as specifications, device, Internet availability and speed, bandwidth, etc. You agree and acknowledge that Megapixels may monitor or use certain technologies for monitoring of Your activities for the purpose of giving You better user experience or improvise the Service in accordance with our Privacy Policy.
Megapixels may categorize and classify certain Content and provide disclaimers with respect to the Content, for viewers to choose such content for viewing. Some content offered on the Service may not be suitable for some users and therefore user’s discretion is advised. Also, some Content offered on the Services may not be appropriate for viewership by children. Parents and/or legal guardians are advised to comply with applicable laws and exercise discretion before allowing their children and/or wards to access Content on the Service. Please refer to our Age Suitability Policy as applicable to You if You use and access the Service.
Megapixels does not pre-screen the Third- Party Content and has no obligation to monitor any Third- Party Content. Therefore, Megapixels may not always have actual or specific knowledge of any Third- Party Content on the Services. However, Megapixels at its discretion and in accordance with applicable law may monitor any Third- Party Content and may remove any Third- Party Content from the Services if Megapixels determines in its sole discretion that such Third- Party Content is in violation of this User Agreement or any applicable law. Megapixels, at its discretion, may review the Third Party-Content only when complaints are received from You or any third party. Such actions do not in any manner negate or dilute our position as an “Intermediary” or impose any liability on Megapixels with respect to Third- Party Content. Any use or reliance on any Service Content or materials posted via the Services or obtained by You through the Services is at Your own risk.
Megapixels does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Third-Party Content. You understand that by using the Services, you may be exposed to Third Party Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will Megapixels be liable in any way for any Third- Party Content, including, but not limited to, any errors or omissions in any Third-Party Content, or any loss or damage of any kind incurred as a result of the use of any Third- Party Content made available via the Services or narrow casted elsewhere.
4. Subscription Services
Some of the Content may be made available under the premium category can be accessed only by Users who have opted for any of the specific subscription plan as offered on the Service, from time to time (“Subscription User”).
We may offer different kinds of subscription plans (Per Series plan, per movie plan, monthly, quarterly, half yearly, yearly or any other period as offered on the Service) each of these subscription plans will be subject to different limitations and restrictions, the cost and/or period of each of these subscription plans may vary (each as “Subscription Plan”). No freemium and/or free trial period shall be provided for subscribing the Subscription Plan and even after subscribing to the Subscription Plan unless otherwise offered by Megapixels at its sole discretion.
We shall have the discretion to make certain Content that is a part of the subscription available to You on more than one end user compatible system concurrently. We shall also have the discretion to make certain Content whether forms a part of any subscription plan or otherwise, available to You under one Account and more than one device concurrently.
To become a Subscription User, you will be required to either create an account which will contain information like Your Apple and/ or Facebook account and/ or Google account, and/ or mobile number, as the case may be (“Account”). Some of this information might need to be verified by You to proceed further through one-time-password to be sent to the User registered mobile number and or registered email address. You should at all times while accessing/using the Service (i) be a registered subscriber of Megapixels; (ii) hold a valid Account (as defined above) with Megapixels. If You have reason to believe that Your Account details have been obtained by another without consent, you should contact Megapixels at support@Megapixels.co.in immediately to suspend Your Account and cancel any unauthorized subscription orders or payments (if any) that may be pending. Please be aware that subscription orders or payments (if any) can only be cancelled up until provision of Services has commenced. In the event that an unauthorized provision commences prior to Your notifying as required under this section of the unauthorized nature of the order or payment, we will suspend provision of Services and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined at sole discretion of Megapixels, whether or not to cancel the Services and permit a full or partial refund of the payment for unauthorized order or revalidate Your Account post reverification and revalidation.
4A. Subscription Fee and Subscription Term
After successful creation of the Account, you will be required to pay a subscription fee for accessing the Service in the territory where You reside, depending on one or more of the subscription packages options as made available by Megapixels from time-to-time (“Subscription Fee”).
The Subscription Fee specified for each Subscription plan is inclusive of applicable taxes.
You will be required to pay the Subscription Fee through the App purchases from Apple store or through other modes as prescribed or may be available. On successful completion of the payment towards the Subscription Fee and post authentication, Service subscribed by You will become active and You will be granted access to the Service. In certain cases, post completion of the payment of the Subscription Fee, Your Service activation may be delayed due to operational and/or technical reasons.
The subscription packages opted by You will be applicable for a specified period (“Subscription Term”) which may be either on monthly basis, quarterly basis or yearly basis, or as indicated on the Megapixels, from the date You subscribed the Service. Service shall remain active for the relevant Subscription Term.
You can access the status of Your subscription anytime through the “Account” section on Your profile page.
We reserve the right to change, terminate or otherwise amend the subscription packages and/or Subscription Fees and/or billing cycles at our sole discretion and at any time. Such changes shall be effective/ applicable post completion of the ongoing Subscription Term already availed by the User.
In case of revision in the Subscription Fee for a particular membership plan or for any extension or renewal period, Megapixels may give You an advance notice of such revision whether by way of notification on the Service itself or through Your registered e-mail or registered mobile number (as the case may be). Your continued use of the Service posts such notification upon commencement of renewal or extension period, shall be construed as acceptance of the revised Subscription Fees.
The Subscription Fees paid are non-refundable irrespective of whether the Service have been availed and/or consumed. Your subscription plan will continue to remain active till the end of the Subscription Term, irrespective of when You cancel the Service. In event of any fraudulent transaction, we may refund the Subscription Fee during the Subscription Term post successful verification and confirmation from Apple Inc post which Your subscription will be deactivated, and Your access to Subscription Service shall be revoked. Any changes in the subscription plan opted by You is effective only after the expiry of the current Subscription Term for which You have already been billed. Accordingly, the Service as per revised plan opted by You shall be effective only after the expiry of the then current Subscription Term. In event you decide to upgrade the existing / ongoing subscription pack, the terms for such subscription will be accordingly adjusted and extended for the additional term. Subject to the User opting for a subscription pack of higher value then the existing Subscription pack.
Post cancellation of Your subscription, if You wish to re-subscribe to the Service, You may do so from Your “Account” page.
4B. Terms for Billing, Payment and Cancellation
The Subscription Fee will be billed as per Your selected Payment Method (defined hereunder) for the subscription plan selected by You at the beginning of Your Subscription Term and on each subsequent renewal automatically (as per the subscription plan chosen by You) unless and until You cancel the Service, or the Service is otherwise suspended or discontinued pursuant to this User Agreement. To view/ check the commencement date for Your next renewal period or to cancel the Service, You need to visit the “Account” section on Your profile page. It may take a few days for Your payment made to Megapixels to be reflected in Your “Account” section.
“Payment Method” shall mean all the approved methods as available on the Megapixels
You shall also be governed by the Terms of Use and Privacy Policy of service provider of such payment method.
You are responsible for the accuracy and authenticity of the information provided by You, including the bank account number/credit card details and any other information requested by the payment gateway service provider during the subscription process. We further clarify that We do not receive or collect any of Your financial information including bank account number, credit card and/or debit card number, one-time-password sent by Your bank, passwords, bank customer IDs etc., and will not be responsible for misuse of such information by anyone. You agree and acknowledge that Megapixels shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card/debit card/banking fraud.
You can file any complaint related to payment processing by writing to such service providers on the email provided by them.
Any and all payments made under the User Agreement are non-refundable, and we do not provide refunds or credits for any partial-month subscription periods for any and all reason except if You have reason to believe that Your Account details have been obtained by another without consent. In such an event, you should immediately contact Apple Inc for resolution.
4C. Fair Usage Limit
You can access your subscription on a maximum of 1 device at any given time, and exceeding the limit will automatically log you out of your oldest device.
5. Privacy Terms
The information that You provide to Megapixels is subject to our Privacy Policy, governs our collection and use of Your information. You understand that through Your use of the Services You expressly consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to India or any other countries of the world for storage, processing and use by Megapixels. As part of providing, You the Services, we may need to provide You with certain communications, such as service announcements and administrative messages. These communications are considered as part of the Services.
6. Account Security
You are responsible for safeguarding the password or credentials that You use to access the Services and for any activities or actions under Your Megapixels account. We encourage You to use “strong” passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with Your account and with other accounts that You may connect to Your Megapixels account (such as Your social media account or Your email). Megapixels cannot and will not be liable for any loss or damage arising from Your failure to comply with the above requirements.
7. Grant of License to Use the Services
Megapixels gives You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Service that is provided to You by Megapixels as part of the Services. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Services as provided by Megapixels, in the manner permitted by the User Agreement. Save and except for accessing and using the Services as permitted herein, You shall not separately use any portion of the Services (such as codes, features, branding/trademarks/logos, look and feel, content, etc.) in any manner whatsoever without express written approval from Megapixels.
8. Intellectual Property Rights
For the purpose this User Agreement, the terms “Intellectual Property Rights” shall mean all patents, trademarks, service marks, copyrights, database right, trade names, brand names, trade secrets, design rights and similar proprietary rights of Megapixels and/or its licensors and/or other respective owners, whether registered or unregistered and all renewals and extensions.
The rights, title and interest in the Intellectual Property Rights in the Service including without limitation all its constituents, content, features, functions, text, images, audios, audio-visuals, literary work, artistic work, musical work, computer programmer, dramatic work, sound recording, cinematograph film, artistic work, literary work, musical work, a video recording, gaming elements/content performance and broadcast as defined under the applicable laws, specifications, instructions, abstracts, summaries, audio commentaries/content, copy sketches, drawings, artwork, software, source code, object code, comments on the source code and object code, domain names, application names, designs, database, tools, icons, layout, programs, titles, names, manuals, graphics, animation, games, applications, user interface instructions, photographs, artist profiles, illustrations, jokes, memes, contests, gaming elements/content, interactive elements and all other elements, data, information and any other content/materials are the property of Megapixels and/or its licensors and/or other respective owners and are protected, without limitation, pursuant to relevant Intellectual Property Rights laws of India and the world. Megapixels retains full, complete and absolute title to the Service and all Intellectual Property Rights therein.
The Service including any Content thereon shall be deemed to be non-exclusively licensed to You by us only for Your non-commercial personal use and only for such period as we may, in our sole discretion, deem appropriate. You shall not use, reproduce, redistribute, sell, offer on commercial rental, decompile, reverse engineer, disassemble, adapt, communicate to the public, make a derivative work, interfere with the integrity of the Service (including without limitation the software, coding, constituents, elements, Content, etc.) in any manner whatsoever.
You expressly confirm not to, directly or indirectly, copy, reproduce, modify, edit, re-edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, publish, distribute, circulate, communicate to the public, disseminate, broadcast, transmit, sell, rent, lease, lend, assign, license, sub-license, disassemble, decompile, reverse engineer, market, promote, circulate, exploit, digitally alter or manipulate the Service and/or any parts thereof (including any and all Materials therein) (in whole or in part) in any manner, medium or mode now know or hereinafter developed.
9. Conditions and Restrictions for Use of the Services
Megapixels reserves the right at all times (but will not have an obligation) to remove or withdraw any Content (including Service Content and Third-Party Content) on the Services and to suspend or terminate User(s), and to reclaim profile URLs without liability to You.
Megapixels also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the terms of User Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of Megapixels, its users and the public. Megapixels does not disclose personally identifying information to third parties except any anonymized aggregated data for the Services based on advertising model in accordance with our Privacy Policy.
You will not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Megapixels’ software systems, or the technical delivery systems of Megapixels’ providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Megapixels (and only pursuant to those terms and conditions), unless You have been specifically allowed to do so in a separate agreement with Megapixels; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of the Content in such a manner as to interfere with or create an undue burden on the Services; or (vi) access or use the Service or the Content therein by means of any mechanism or technology which conceals Your actual geo-location or provides incorrect details of Your location [for example, use a virtual private network (VPN)].
10. Contests and Promotions
Any and all contests, promotions, surveys and campaigns hosted or conducted on the Service are subject to separate contest terms and conditions (“Contest and/or Promotion T&Cs”) and You are requested to read the Contest and/or Promotion T&Cs as well as User Agreement before participating in the same and upon participation it shall be deemed that the participant has read and understood the Contest and/or Promotion T&Cs. User Agreement are deemed incorporated by reference into Contest and Promotion T&Cs provided in respect of a particular activity.
11. Indemnity
You agree to fully indemnify, defend and hold harmless Megapixels, its affiliates, associates and group companies, and their respective directors, key managerial personnel, employees, officers, shareholders, agents, representatives, sub-contractors, consultants and third-party providers from and against all losses, claims and damages including legal fees, resulting from: (i) Your violation of any terms of the User Agreement; (iii) Your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; (iv) Your breach of any applicable laws; (iv) any unauthorized, improper, illegal or wrongful use of Your account by any person, including a third party, whether or not authorized or permitted by You; and (v) Your breach of any representation, warranty, covenant or undertaking under the User Agreement or under applicable law. This indemnification obligation will survive the expiry or termination of these User Agreement and Your use of the service.
12. Copyright Policy
Megapixels respects the intellectual property rights of others and expects Users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If You believe that any Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) Your contact information and an email address; (v) a statement by You that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that You are authorized to act on behalf of the copyright owner.
Megapixels reserves the right to remove any User Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Megapixels will also terminate a user’s account if the User is determined to be a repeat infringer.
13. Disclaimers and Limitations of Liability
You have read this section carefully since it limits the liability of Megapixels and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Megapixels Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this section may not apply to You. Nothing in this section is intended to limit any rights You may have which may not be lawfully limited.
A. The Services are Available “AS-IS”
The access to and use of the Services or any Service Content is at Your own risk. You understand and agree that the Services are provided to You on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, Megapixels Entities disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement.
Megapixels Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to Your computer system, loss of data, or other harm that results from Your access to or use of the Services, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet Your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Megapixels Entities or through the Services, will create any warranty not expressly made herein.
B. Third Party Website Links
Services may contain links to third-party websites or resources. You acknowledge and agree that Megapixels is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, advertisements, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Megapixels Entities 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 risk arising from Your use of any such websites or resources.
C. Limitation of Liability
To the maximum extent permitted by applicable law, the Megapixels Entities shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other tangible or intangible losses, resulting from (i) Your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any Content obtained from the Services; or (iv) unauthorized access, use or alteration of Your transmissions or Content.
The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not the Megapixels Entities have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
14. General Terms
The right, title and interest in and to the Services are and will remain the exclusive property of Megapixels and its licensors/owners. The Services are protected by copyright, trademark, and other laws of India and foreign countries. Megapixels reserves all rights not expressly granted in these terms of User Agreement. You acknowledge and agree that any feedback, comments, or suggestions You may provide regarding Megapixels or the Services are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to You.
A. Waiver and Severability
The failure of Megapixels to enforce any right or provision of these terms of User Agreement will not be deemed a waiver of such right or provision. In the event that any provision of these terms of User Agreement is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these terms of User Agreement will remain in full force and effect.
B. Controlling Law and Jurisdiction
Terms and any actions related thereto will be governed by the laws of India without regard to or application of its conflict of law provisions of Your state or country of residence. All claims, disputes, legal proceedings or litigations arising in connection with the Services will be brought solely in the competent courts of jurisdiction located in India, and You consent to the jurisdiction of and venue of such courts and waive any objection as to the courts in India being an inconvenient forum.
C. Entire Agreement
User Agreement and our Privacy Policy form the entire and exclusive agreement between Megapixels and You regarding the Services (excluding any services for which You have a separate agreement with Megapixels that is explicitly in addition or in place of the User Agreement), and the User Agreement supersedes and replaces any prior agreements between Megapixels and You regarding the Services.
D. Changes
Megapixels may revise, supplement, update and otherwise modify these terms from time to time without any further notification. Any updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be posted on the application and will be effective immediately after such posting. We recommend that you periodically check the application for the revised terms. Your continued use of the Services will be deemed to constitute Your acceptance of any and all such revised terms.
E. Survival
You acknowledge that Your representations, undertaking and warranties and the clauses related to indemnity, limitation of liability, grant of license, governing law, shall survive the efflux of time and termination of the terms of conditions/ User Agreement.
15. Grievance Officer
If You have any content complaints regarding any content available on the Megapixels (https://www.Megapixels.co.in) or complaints regarding use of the personal information under User Agreement and or Privacy Policy, you can register the complaint by writing to our Grievance Officer Mr. ANURAG PANDEY at grievance officer at Megapixels.co.in@gmail.com.
16. Support
If you have any queries, suggestions, or operational/ technical issues, please reach out to us at support@Megapixels.co.in
17. Additional Binding Terms for Megapixels OYE Feature
Your access to Megapixels OYE section available on Megapixels shall be governed by the User Agreement, Privacy Policy and Community Guidelines of Megapixels OYE and the same shall be binding on you.