PLEASE READ. YOUR USE OF THIS SITE IS SUBJECT TO THESE TERMS AND CONDITIONS
This Website (the "Site") is owned and operated by
9X MEDIA PRIVATE LIMITED (hereinafter referred to
as "9X Media"). These terms and conditions (the
"Terms and Conditions" or "TAC") apply to and
govern your use, as well as your use of this Site
and the Services (as defined below). Your use of
the Site and/or any Service(s) signifies your
agreement to be bound by these Terms and
Conditions.
For purposes of the TAC, the following defined
terms shall have these meanings: (A) "Service(s)"
shall mean any and all services on, or provided
by, 9X Media whether or not such services are also
provided and/ or delivered by other means or media
such as including but not limited to software or
wireless devices; (B) "Site" shall mean this
www.spotboye.com website; (C) "Site Content" shall
mean any and all human readable patent audio
and/or visual elements of this Site, created and/
or owned by 9X Media and/ or third parties,
including without limitation to any text,
graphics, images, illustrations, photographs,
animations, designs, logos, information, and other
content made available through the Site; (D) "Site
Code" means any and all underlying elements of the
Site, including without limitation to source code,
script, object code, software, computer programs,
and other sets of statements and instructions
contained in the underlying Site.
LICENSE TO USE THE SITE
9X Media grants you a non-exclusive,
non-transferable, limited right and license to
access, use and privately display the Site and the
Site Content as described herein for your personal
and non- commercial use only, by way of one (1)
computer connected to the Site over the internet,
provided that you comply fully with these TAC. You
may "cache" pages of the Site for the sole purpose
of increasing the speed and efficiency at which
you access the Site. Any other copy or use of
whole and/ or portion of the Site is not
authorized and the same will be a violation of
these TAC and will constitute a copyright
violation. You shall not interfere, or attempt to
interfere, with the operation of the Site in any
manner whatsoever through any means or device,
including but not limited to, spamming, hacking,
uploading computer viruses or time bombs, or any
other means expressly prohibited by any provision
of these TAC or by law.
CHANGES TO SITE AND/OR TERMS AND
CONDITIONS
9X Media reserves the right, at its sole
discretion, to change and/ or modify and/ or add
and/ or remove any portion of the Site, the Site
Content, and the TAC, in whole or in part, at any
time and at its sole discretion; whether or not
applicable to your use of the Site and/or any part
thereof, or to impose new conditions, including
but not limited to, adding fees and/or charges for
use. Changes to the TAC will be effective when the
same is posted. You agree to review the TAC
periodically to become aware of the changes, if
any. Your use of the Site after any changes to the
TAC are posted will be considered deemed
acceptance of those changes and will constitute
your agreement to be bound thereby, whether
retrospectively or otherwise.
CHANGES IN SITE OWNERSHIP
You will be deemed to have consented to the
disclosure to, and use by, a subsequent owner or
operator of the Site, of any information about you
contained in the applicable 9X Media database, to
the extent 9X Media assigns its rights and
obligations regarding such information in
connection with a merger, acquisition, or sale of
all or substantially all of 9X Media's assets, or
in connection with a merger, acquisition or sale
of all or substantially all of the assets related
to this particular Site to a subsequent owner or
operator. In the event of such a merger,
acquisition, or sale, your continued use of the
Site signifies your agreement to be bound by the
Terms and Conditions of the Site's subsequent
owner or operator.
OWNERSHIP OF
TRADEMARKS, COPYRIGHTS,
INTELLECTUAL PROPERTY
a.The Site, Site Content, Site Code, and any and
all copyrights, trademarks, service marks, trade
names and all other intellectual property or
property rights therein are proprietary to 9X
Media and are owned by 9X Media and/or its
licensors and content providers, and are protected
by applicable domestic and international
intellectual property laws. The design and
information contained in this Site is the valuable
and exclusive property of 9X Media and nothing in
this agreement shall be construed as transferring
and/or assigning any such ownership rights to you
or any other person or entity. Unless expressly
permitted in writing by 9X Media, you shall not
copy, capture, reproduce, perform, transfer, sell,
license, modify, manipulate, create derivative
works from or based upon, republish, upload, edit,
post, transmit, publicly display, frame, link,
distribute, or exploit in whole or in part the
Site, the Site Content or Site Code, or otherwise
use the Site, Site Content or Site Code on any
other web site or in any other manner, other
networked computer environment, or in any medium
now known or hereafter developed (each and/ or
collectively an "Unauthorized Use").
b.Any Unauthorized Use constitutes an infringement of the intellectual property laws inclusing infringement of copyright laws and other proprietary rights of 9X Media and/or its licensors and content providers and constitutes a violation of these TAC. Any violation of intellectual property laws may be subject to severe civil and criminal penalties and the same be without prejudice.
c. 9X Media Sites contains copyrighted material,
trademarks and other proprietary information,
including, but not limited to, text, software,
photos, video, graphics, music or sound, and the
entire contents of 9X Media Sites are copyrighted
as a collective or severable work under applicable
copyright laws. The Company and/or its affiliates
own or have acquired a license and copyright in
the selection, coordination, arrangement and
enhancement of such content, as well as in the
content original to it. You may not modify,
publish, transmit, participate in the transfer or
sale, create derivative works, or in any way
exploit, any of the content, in whole or in
part.
9X Media SERVICES AND RULES
FOR USE
a. As a convenience to its visitors/ Registered
User (defined below)/ You (defined below), as the
case may be, 9X Media may provide, from time to
time and at its sole discretion, one or more
Services. These Services are provided by 9X Media
to you and others subject to the TAC and other
rules that may be published from time to time (
the "Rules") by 9X Media. 9X Media currently
provides the Services, free of charge to visitors/
Registered User (defined below)/ You (defined
below), as the case may be, who agree to be bound
and abide by the Rules. 9X Media reserves the
right to change the nature of this relationship at
any time and at its sole discretion.
b. It is hereby expressly stated that you, you herein means any person who has registered himself/ herself on this Site ('You/ Registered User') may receive services from 9X Media, at its sole discretion and at any time relating to including but not limited to updates including updates relating to promotions and/ or advertisement and/ or special offers (whether or not related to 9X Media), 9X Media may also interact with You for research purposes; through various modes i.e. via including but not limited to newsletters, SMS, telephone call, emails and such other modes as 9X Media may deem appropriate from time to time, at its sole discretion ('User Services'), as per the following terms and conditions–
i.By registering on the Site You agree to receive
User Services and undertake to agree and accept
with these Terms and Conditions and other relevant
terms and conditions, privacy policy and
disclaimer of this Site.
ii.9X Media does not guarantee that User Services
will be delivered and/ or discharged on time and
also does not guarantee that the User Services
will be delivered at all.
iii.While 9X Media seeks to ensure the accuracy
and timeliness of the information available in the
User Services, 9X Media cannot and does not
guarantee the accuracy, reliability, timeliness,
or completeness of that information at any given
time.
iv.9X Media will not be responsible for any
inconvenience and/ or damage (whether monetary or
otherwise) and/ or mental trauma that may be
caused and/or otherwise in any way as a result of
any modification and/ or suspension and/ or
interruption in availability of the User
Services.
v.Unless otherwise explicitly stated by 9X Media,
all proprietary content in User Services is owned
or licensed by 9X Media. You may not copy,
reproduce, modify, frame, publish, republish,
download, upload, modify, decode, transmit or
otherwise distribute, via any media, partially or
completely, any aspect or element of User Services
or its content, whether or not visible, without 9X
Media's advanced written authorization. 9X Media
does not suggest, warrant and/ or make any
representation regarding the use, interpretations
and/ or results of use of User Services.
vi.It is hereby clarified that 9X Media has a
right to stop sending/ rendering of User Services
to You and/ or to any other Registered User of
this Site at any time and/or without assigning any
reason.
vii.Content and advertisements provided as part of
User Service: Where we provide promotions/
advertisements/ special offers on/ via our Site we
do not under any circumstance whatsoever:
a.warrant and/ or represent that the promotions/
advertisements are suitable, accurate, correct,
complete, reliable, appropriate, or lawful; or
b.endorse such promotions/ advertisements; and
c.advice You. You may obtain independent professional advice at your own cost before you take any action based upon promotions/ advertisements.
d.Your correspondence and/ or dealings with, or participation in promotions or advertisements, and any other terms, conditions, warranties or representations associated arising there from; strictly lie between You and the advertisers and/ or promoters, as the case may be. You agree that 9X Media shall not be liable for any loss or damage of any nature incurred as the result of any such interactions, or as the result of the presence of such promoters/ advertisers on User Services.
e.The User Services which may be provided by 9X Media, at its sole discretion are solely promotional/ interactive in nature, as the case may be and You shall use it voluntarily at your own risks and consequences. 9X Media is under no circumstance whatsoever responsible for any loss/damage/disclosure etc. to be caused to by the use of User Services.
viii) If You wish to unsubscribe, You can do that
at any time by clicking on the unsubscribe link of
the Site. It is hereby clarified that we have a
right to stop User Services to You and/ or to any
other Registered User of this Site at any time
and/or without assigning any reason.
BLOGS & FORUMS
If You agree to the Terms and Conditions set out
herein, You may visit and participate in the Blogs
and/ or Forums section ('Section') of this Site.
9X Media values Your participation and asks You to
please help 9X Media to maintain a friendly, safe
and informative environment. By submitting
material and/ or content and/ or discussions and/
or threads and/ or otherwise to the Section
('Submission') You are agreeing to our Blogs and
Forums terms and conditions.
a. Content
9X Media provides this Section for the expression
of the views and opinions of Registered User and
assumes no responsibility for the views and/ or
opinions expressed.
If You submit Submission to us for publication on
the Site You may do so on the following terms and
conditions and warrant as follows:
(i) publication of any Submission You submit on
this Site including but not limited to on this
Section will be at 9X Media's sole discretion. 9X
Media reserves the right to make additions or
deletions to the text or graphics prior to
publication, to refuse publication or to close
down any topics of discussion. Any Submission
deemed inappropriate or offensive will be removed
without notice. You agree and accept that 9X Media
has no responsibility to review the Submission to
(or which are part of) the Section, all of which
are made available on the basis that 9X Media
shall not be required to exercise any control or
judgement of the Submission posted or contained
therein.
(ii) You warrant to 9X Media that any Submission
You submit on this Site including but not limited
to on this Section is your own original work and
that you own the copyright and any other relevant
rights;
(iii) You agree not to post Submission which
either promotes or advertises any commercial
products or services;
(iv) You warrant that the Submission you submit is
not obscene, offensive, defamatory of any person
or otherwise illegal;
(v) You agree not to post Submission which is
threatening or intended to upset other Registered
Users;
(vi) You agree that 9X Media gives no warranty
and/ or makes no representation as to the
accuracy; currency or validity of the information
and material contained within the Section and
shall not be responsible for any loss or damage
caused as a result of any use of such material.
(vii) You agree not to post any Submission that is
technically harmful such as computer viruses,
worms, logic bombs or other malicious software or
harmful data;
(viii) 9X Media does not endorse any Registered
User's submission or any opinion, recommendation,
or advice expressed therein;
(ix) All Submission posted to this Site is the
sole responsibility of the individual who
originally posted the content. 9X Media will not
be liable, under any circumstances whatsoever and
in any way, for any errors or omissions, loss or
damage of any kind incurred as a result of use of
any Submission posted on this Site. You must
evaluate and bear all risks associated with the
use of any Submission, including any reliance on
its accuracy or completeness.
(x) You agree that personal attacks will not be
allowed. Comments or threads that 9X Media deem to
be bigoted, hateful, or racially offensive will be
moderated or deleted and the Registered User's
posting privileges may be suspended, at 9X Media's
sole discretion.
(xi) You acknowledge that any breach of these
warranties may cause 9X Media damage or loss and
you agree to indemnify and keep indemnified and
hold 9X Media harmless in full and permanently
against any liabilities, claims, costs, loss or
damage 9X Media may incur as a result of
publishing material You submit on this Site
including but not limited to on this Section,
including consequential losses;
(xii) when quoting from other sources You must
keep the quote brief and, where possible, include
a link;
(xiii) you are expected to treat other Registered
User of the forum in a courteous and respectful
manner; and
(xiv) 9X Media reserves the right to limit or
terminate access to any Registered User, at its
sole discretion.
b.
Rights in the Content You Submit
All Submission posted by You to the Site including
but not limited to the Section ("Works") are
submitted under the following licenses:
(i) Anyone, including but not limited to 9X Media,
may copy, distribute, display and perform your
Works, royalty-free, on the condition that they
credit your authorship each time they do so.
(ii) RSS aggregators may copy, distribute, display
and perform any Works on your blog that you
syndicate using RSS. All Works on your blog are
syndicated for RSS aggregation unless you change
your settings to indicate otherwise.
(iii) By posting your Works using the Services,
you are granting 9X Media a non-exclusive,
royalty-free, perpetual, and worldwide license to
use your Works in connection with the operation of
the Services, including, without limitation, the
license rights to copy, distribute, redistribute,
transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your
Works, and/or to incorporate them into a
collective work.
c.
Privacy Policy
Your use of the Section of this Site is subject to
Privacy Policy.
ACCEPTANCE OF
TERMS
In consideration for your use of the Services, you
agree to comply with the Rules. If you violate the
Rules 9X Media may, at its sole discretion,
permanently ban you from using any current or
future Services.
RESPONSIBILITY
FOR USE OF THE SERVICES
You are entirely responsible and liable for all
activities conducted by you, and/or any of the
Services.
LINKED
SITES
9X Media sites may frame and/or contain links to
or advertisements about, non-9X Media Web sites.
Other sites may also reference, advertise, or link
to 9X Media sites. 9X Media does not endorse and/
or sponsor other websites and is not responsible
under any circumstance whatsoever for the content
of such websites. 9X Media expressly disclaims any
Content, statements or assertions made on non-9X
Media Web sites, and denies all liability
associated with your use of, and the content on,
such other sites and advertisements.
JURISDICTIONAL
ISSUES
The Site is controlled and operated by 9X Media
from its offices within India. Use of this Site
constitutes your consent and submission to service
of process under applicable laws of India for the
purposes of any legal action or claim pertaining
to these TAC and/or any 9X Media Site or
Service.
LIMITATION OF
LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE, SHALL 9X Media BE LIABLE FOR ANY
INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE
INABILITY TO USE, INCLDUING BUT NOT LIMITED TO THE
SITE, SITE CONTENT, SITE CODE, USER SERVICES OR
THE SOFTWARE, EVEN IF 9X Media HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. WHILE 9X Media
TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO
WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY
SECURE, AND AS SUCH, 9X Media SHALL NOT BE LIABLE
FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM
UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER
BREACHES THAT MAY OCCUR. APPLICABLE LAW MAY NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR
EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU. IN NO EVENT SHALL 9X Media'S TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF
ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED
THE AMOUNT PAID BY YOU TO 9X Media, IF ANY, FOR
ACCESSING THIS SITE.
OTHER
a. GOVERNING LAW/DISPUTE RESOLUTION
The rights and obligations of the Parties under
the Agreement shall be governed by the laws of
India. All disputes between the Parties relating
to issues arising under this Agreement or the
Service shall be resolved solely through
proceedings instituted before the Court in Mumbai,
India.
b. SEVERABILITY
If any provision of the TAC shall be held
unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from
these Terms and conditions and shall not affect
the validity and enforceability of any remaining
provisions.
c. MISCELLANEOUS These TAC constitute the entire
agreement between you and 9X Media and govern your
use of the Service, superseding any prior
agreements between you and 9X Media. You also may
be subject to additional terms and conditions that
may apply when you use affiliate services,
third-party content, or third-party software. If
any part of these TAC is held invalid or
unenforceable, that portion shall be construed in
a manner consistent with applicable law to
reflect, as nearly as possible, the original
intentions of the parties, and the remaining
portions shall remain in full force and effect. 9X
Media's failure to enforce any right or provisions
in these TAC will not constitute a waiver of such
provision, or any other provision of these TAC. If
any provision of this Agreement is found by a
court of competent jurisdiction to be invalid, the
other provisions will remain in full force and
effect. 9X Media will not be responsible for
failures to fulfill any obligations due to causes
By accessing, browsing and/or using our website
you agree to the following terms and you agree to
use the site in accordance with all applicable
laws. If you do not agree you must cease to use
our website.
Reference to "9X Media Pvt. Ltd" in the following
terms and conditions refers to a company
incorporated under the laws of India whose
registered office is at Urmi Corporate Park, 5th
Floor, Solaris "D", Opp. L & T Gate No. 6,
Saki Vihar Road, Powai, Mumbai - 400 072, India.
Reference to "Spotboye" in the following terms and
conditions refers to the Spotboye channel
distributed and owned by 9X Media Pvt. Ltd.
Entry
Eligibility
Over 18 and Indian Resident. Entry is only open to
residents of India who are aged 18 years or over.
By participating in the Shows, you warrant that
you are a Indian resident and that you are 18
years old or older and you agree to be bound by
these terms. Proof of age may be required.
Employees and their families. Employees and their
immediate families of the 9X Network group of
companies, and any such party's subsidiaries,
suppliers and/or agencies associated with the
Show, are ineligible to enter. Any such entries
will be invalid. You must not have any assistance
from any such person.
Player in breach. Where a player has previously
breached these terms and conditions, reserves the
right to prevent such a player from participating
in any future Shows.
Proof of eligibility. 9X Media Pvt. Ltd. has the
right at any time to ask you to provide proof of
your identity and/or your eligibility (which may
include asking for a copy of your itemised
telephone bill). If you have been asked for proof
of your identity and/or your eligibility, your
failure to provide such proof within a reasonable
time could result in your disqualification from
the Games or the withdrawal of any prize at the
Producer and/or the Promoter's sole discretion.
Agencies / third parties. Entries must not be sent
in through agents or third parties. Incomplete,
inaudible, incomprehensible entries. 9X Media Pvt.
Ltd. accepts no responsibility for incomplete,
inaudible or incomprehensible entries, for
technical and/or telephony problems when
connecting calls across the telephone networks, or
for electronic entries which become lost,
misdirected or delayed. Any such entries will be
deemed void.
Method of entry
Equal chance of winning. All entries to the Shows
regardless of method of entry are given an equal
chance of being selected. Entry to any of the
Games may be by way of one or more of the
following entry routes, as specified in the
relevant Show:
i) Telephone call,
ii) SMS entry, or
iii) Web entry via the Spotboye website at
www.Spotboye.com
(i) Telephone Call Call process. You may call the
specified telephone numbers displayed on-screen
within the relevant time frame for that particular
Game as specified in the relevant Show or as
advertised. A message will tell you whether you
have been successful or unsuccessful A further
random selection process will take place to
determine whether you will be called live on air
to give your answer to the Game.
Cost of call. The cost of calling will be Rs.6
using a phone will be displayed on screen, whether
selected to stay on the line or not. The cost of
calling from other landlines, public phone boxes
and mobile operators' networks may vary. The total
cost will therefore be dependent on your network.
If you are calling from a mobile phone, charges
for entering will be deducted from your available
credit time if you are a pre-pay customer or will
appear on your monthly statement if you are a pay
monthly customer. When calling from a landline,
the charge will appear on your normal telephone
bill. The total cost of each call remains the same
regardless of the duration of the call.
Circumstances beyond control. 9X Media Pvt. Ltd.
is not responsible for any interruption or
disturbance to any player's call which is beyond
the reasonable control of 9X Media Pvt. Ltd.. If
your call is interrupted, disturbed or in any way
affected by any circumstances beyond 9X Media Pvt.
Ltd.'s reasonable control, 9X Media Pvt. Ltd. may
randomly select another player without any
liability to you. 9X Media Pvt. Ltd. is not liable
for any call charges incurred by players.
Calling from abroad. You may enter the Game from
outside India (although entry is restricted to
Indian residents) but charges will depend on the
international call rates of your service provider.
There is no warranty that the service is available
or appropriate for use in locations outside India.
(ii) SMS Entry SMS entry method.
You can send a SMS to the number displayed on
screen, along with the keyword also displayed on
screen. If you are selected as a potential on air
participant you will automatically be called on
the mobile number you have used to enter the Game
and you will be asked to follow the prompts given.
If you are selected to go live on air, you will be
transferred to the presenter of the Show and asked
to give your answer to the Game. If, for any
reason, the Producer is unable to contact you via
the mobile number you have used for entry
(including but not limited to busy tone being
received, "number not known" message received,
answering machine message received) after three
(3) attempts, or the call is interrupted,
disturbed or in any way affected by any
circumstances beyond the reasonable control of 9X
Media Pvt. Ltd., 9X Media Pvt. Ltd. reserves the
right to randomly select another potential on air
player without any liability to you.
Cost of entry. The cost of entry via SMS will be
displayed on screen whether the entry is
successful or not. Charges for entering by SMS
will be deducted from your available credit time
if you are a pre-pay customer or will appear on
your monthly statement if you are a pay monthly
customer.
Circumstances beyond control. 9X Media Pvt. Ltd.
is not responsible for any interruption or
disturbance to any player's SMS which is beyond
the reasonable control of 9X Media Pvt. Ltd.. If
your SMS is interrupted, disturbed, delayed,
undelivered or in any way affected by any
circumstances beyond 9X Media Pvt. Ltd.'s
reasonable control, 9X Media Pvt. Ltd. may
randomly select another player without any
liability to you. 9X Media Pvt. Ltd. is not liable
for any SMS charges incurred by players.
Permissions. If you are not the person responsible
for paying the mobile phone bill, you must have
the permission of mobile phone bill payer before
entering.
SMS from abroad. You may enter from outside India
(although entry is restricted to Indian residents)
but charges will depend on the international text
rates of your service provider. There is no
warranty that the service is available or
appropriate for use in locations outside India.
Text to Screen and SMS Messaging
The text to screen service ("Spotboye Chat
Service") is run by 9X Media Pvt. Ltd. and may be
featured on a Spotboye Show. By participating in
the Text to TV Service you agree to be bound by
these terms and conditions.
Spotboye submissions. To participate in the
Spotboye Chat Service please send the keyword on
screen plus your text message to appear on the
screen during a Spotboye Show from your mobile
phone to the shortcode number displayed on screen.
Spotboye will use reasonable endeavors to display
your message on the screen, but it is at its sole
discretion and Spotboye has no responsibility to
you if your message does not appear on the screen
for whatever reason.
Each participant acknowledges that his or her name
may appear with the message.
Moderation.
Spotboye will screen all messages received and
reserves the right not to display your message, in
its sole discretion. You agree not to post an
offensive, defamatory, abusive or otherwise
unlawful or distasteful message on the Spotboye
Chat Service.
Cost of using the Spotboye Chat Service.
Each message you send will be charged at the rates
detailed on screen All charges will be deducted
from your available credit time if you are a pre
pay customer or will appear on your monthly
statement if you are a pay monthly customer.
Permissions.
If you are not the bill payer for the mobile
phone, you must get permission from the bill payer
before texting.
Suspension or cancellation of Spotboye Chat
Service.
Spotboye may suspend, withdraw or cancel the
Service for any reason and at any time. Spotboye
is under no obligation to offer refunds.
Liability.
9X Media Pvt. Ltd, the 9X Media group of
companies, suppliers and sub-contractors do not
accept any responsibility whatsoever for any
technical failure or malfunction or any other
problem in any telephone network or line, system,
server, provider or otherwise which may result in
any text message being lost or not properly
recorded. 9X Media Pvt. Ltd is also not
responsible for traffic congestion or other
capacity issues which may result in a text message
not being put through or a text message not being
recorded. To the fullest extent permitted by law,
9X Media Pvt. Ltd hereby excludes all warranties,
representations, covenants and liability (whether
express or implied) regarding the Text to TV
Service.
Other Interactive Services
Selected 9X Media Pvt. Ltd Shows may feature other
interactive services such as call competitions.
Competition Process.
You may enter a 9X Media Pvt. Ltd competition by
SMS.
To enter a competition by SMS you may send a text
message as specified in the Show to indicate your
answer to the question. The cost per text message
will be as stated on screen. Please ask permission
from the bill payer before voting. 9X Media Pvt.
Ltd does not accept responsibility for any call
charges.
Prizes.
After the closing date and time for entries to
each of the competitions, the first entry drawn at
random from all eligible entries who have answered
the question correctly and sent in the highest
number of responses in that competition will be
the winner of the prize. The prize will be as
stated on screen.
The winner will be notified on the day of the draw
and may be contacted to go on air to the studio.
He/she will be contacted on the phone number they
provided when entering the competition.
Circumstances beyond control.
9X Media Pvt. Ltd does not accept any
responsibility whatsoever for any technical
failure or malfunction or any other problem with
any telephone network or line, system, server,
provider or otherwise which may result in any
vote, entry or message being lost or not properly
registered or recorded.
Restrictions on entry
Right to restrict number of entries.
9X Media Pvt. Ltd reserves the right to restrict
the number of daily entries (Daily Entry Limit)
made by players in relation to each Day, Show or
Game regardless of the method of entry.
Entry capping.
Any attempts to enter the Game after the maximum
limit has been reached will be deemed void and you
will no longer be considered as eligible to play
for the remainder of that day. It is your
responsibility to monitor the total number of
entries that you have made. Call charges will
still apply for any entry attempts you may make
after you have exceeded this limit as it is not
technically possible to prevent this.
Entry barring.
9X Media Pvt. Ltd reserves the right to end a call
or refuse to give a prize where, in their
discretion, they believe that the player is not
eligible to enter, or the player has behaved in
any manner that is inappropriate or may be
contrary to any broadcast codes, regulations or
any applicable laws. You are not allowed to
mention or promote any product, service or
venture, use inappropriate language or swear or
otherwise say anything that may be harmful or
hurtful to any person, body or entity. You accept
that you will be solely responsible for the
consequences of anything that you choose to say
whilst participating in any Game.
Winning a prize
Being connected to the
studio.
If you are put through to the presenter live on
air, you may be asked by the presenter to answer
the question of the Game. You may also be invited
to play a Jackpot Round. If you answer correctly,
you will be transferred to a member of the
production team who will take your full contact
details. However, if you give an incorrect answer,
your call will be terminated and, another player
may be selected.
Entitlement to prize. Provided that you have complied with all entry requirements set out in these terms and conditions, if you are selected, and your answer(s) is / are correct in 9X Media Pvt. Ltd's sole opinion, then you will be entitled to a prize (as stated in the relevant Game and Show) in accordance with the procedure set out in these Terms and Conditions.
Prize. The prize will be as stated by the presenter and on-screen in the relevant Game and Show. All prizes are non-transferable and non-exchangeable.
Cheque payments.
Cash prizes will be awarded in the form of
a cheque made payable to the winner. Winners must
provide their true and accurate full name and
address with pin code when asked to do so by 9X
Media Pvt. Ltd. Prize cheques will not be made out
to the names of any third parties. No other form
of payment will be made.
Other
Prizes.
If a non cash prize is won, 9X Media Pvt. Ltd will
confirm arrangements with the winners for
fulfilment of such prize.
Tax payments.Winners will be responsible for declaring and paying any and all applicable taxes on prizes whether in cash or kind.
Prize fulfilment.
9X Media Pvt. Ltd will endeavour to send cash
prizes to any winner within 6 weeks of such win.
9X Media Pvt. Ltd may perform random validity
checks on any winner. In the event of a dispute or
when the winner's contact details are not
available, these fulfilment timings will not
apply.
Non-cash prizes will be sent within a reasonable
time of the prize being won and as arranged
between 9X Media Pvt. Ltd and the Player.
Dispute resolutions. In the event of any dispute regarding the Show, including but not limited to the validity of a Game solution, or network or communication failures, you accept that the decision of 9X Media Pvt. Ltd on all matters is final and binding and no correspondence or review process will be entered into.
Refusal to pay or seek recovery.9X Media Pvt. Ltd may refuse to pay prize money, or seek its recovery, in the event of a player's fraud, dishonesty or non-entitlement or breach under these Terms and Conditions, including but not limited to the use of technology which enables a player to evade charges when entering the Game by way of the telephone number, or the use of automated and/or speeding dialing hardware and software, or of computer programs intended to automatically fill out website forms.
Inability to contact a winner.
If, despite reasonable efforts, the winner
of a prize cannot be traced or is not available to
accept the prize within a 3 (three) months period
from the date of the relevant show, 9X Media Pvt.
Ltd reserves the right to forfeit the prize. The
original winner forfeits any rights to a share of
the prize in these circumstances. 9X Media Pvt.
Ltd does not accept responsibility for winning
notifications that are not received or
delivered.
Copyright.
You must own the copyright of any photograph
or video you submit. Generally, you may only send
in a photograph or video of yourself. You should
not send in a photograph or video of another
person but if you do, you must get the permission
of all the people shown in the photograph/video
before submitting it.
If the photograph/video features children aged
under 16, you must get the permission of their
parents also. If the photograph or video is taken
on private property (e.g. inside someone's house),
you must get the permission of the owner of the
property.
You should not endanger yourself or others, take
any unnecessary risks or infringe any laws to
obtain photographs or videos.
You should not submit photographs/videos of any
artworks, photographs or other copyright works,
any logos or other commercial references, or
anything that might reasonably be deemed to be
harmful or offensive.
By sending us your photograph/video you warrant
that its use by 9X Media Pvt. Ltd will not breach
another person's privacy, copyright or any other
legal right. 9X Media Pvt. Ltd shall be
indemnified of any legal expenses by the
participant if such photographs or videos amount
to the violation of the copy rights of any
copyright owner.
Circumstance beyond control. The mode of submission may, from time to time, be affected by events outside of our reasonable control. 9X Media Pvt. Ltd accepts no responsibility for any failure to accept/send submissions due to network performance or due to any other event outside our control or for submissions that are incomplete or incomprehensible.
Publicity.By submitting a photograph or video, you agree to your name being used in publicity by 9X Media Pvt. Ltd and to participate in such publicity as required. This can be in any media worldwide without notice or without any fee being paid.
Liability. 9X Media Pvt. Ltd accepts no liability for any loss or damage howsoever arising from the submission of your photograph or video whether due to any error, omission or other cause by us, our employees, suppliers, agents, or others to the fullest extent permitted by law. Save for death or personal injury arising from our negligence or fraudulent misrepresentation the maximum amount of our liability to you in any circumstances shall be the amount paid by you and received by us due to the submission of your photograph or video.
Data Protection. Personal data which is provided by you as a sender when you submit your photograph/video will be held and used by 9X Media Pvt. Ltd, and the 9X Network group of companies, its employees, its suppliers and contractors in order to administer the use of the picture and contact you if necessary. Your personal data may also be passed to your mobile phone provider or to relevant regulatory bodies, the police or other authorities in the course of the investigation of any complaints or suspected unlawful activity or where requested by the phone provider in connection with the billing arrangements for submitting your photograph/video. Aggregate, non personal data may also be used for the purpose of undertaking market research or in facilitating reviews, developments and improvements to relevant services.
Personal data. Save as set out in these Terms and Conditions, any information and data ("personal data") which is provided by you, when you enter any Game will be held and used by 9X Media Pvt. Ltd and their suppliers and contractors in order to administer the Game. By entering the Game you are consenting to the use of your personal data for the purposes of operating, producing and administrating the Game.
Data controller. 9X Media Pvt. Ltd is the data controller of any personal data you provide when you enter any Game.
Third Parties. Your personal data may also be passed to your telephony provider or to any relevant regulatory bodies, the police or other authorities in the course of the investigation of any complaints or suspected unlawful activity or where requested by the telephony provider in connection with the billing arrangements for the Game.
Market research. Aggregate non personal data may also be used for the purpose of undertaking market research or in facilitating reviews, developments and improvements to relevant services.
Use of your name/image in marketing. If you win a prize, 9X Media Pvt. Ltd (or any third party nominated by 9X Media Pvt. Ltd) may use your name, image, county of residence, and your comments relating to the prize and the Show experience for future promotional, marketing and publicity purposes in any media worldwide without notice or without any fee being paid.
General Terms
Technical failure. Neither 9X Media Pvt. Ltd is
responsible for network, telephone line or
communication failures, malfunctions, errors,
delays or any other problem in any telephone
network, recording, broadcast, or internet
broadband transmission of any kind or any other
circumstances beyond 9X Media Pvt. Ltd's
reasonable control.
9X Media Pvt. Ltd is also not responsible for
traffic congestion or other capacity issues which
may result in a message being lost or not properly
recorded.
Spotboye Channel on the Internet. Players are notified that participating in the Game when watching the channel Spotboye via internet broadband is subject to variable time delays averaging 30 seconds or more. This delay is dependant on your Internet Service Provider, your broadband connection speed and the computer you are using to view the internet.
Withheld Numbers. 9X Media Pvt. Ltd uses the latest technology that utilises your telephone number when processing your call. If your telephone number is withheld certain technology features may not operate as detailed in these terms and conditions.
Call recording. Please note that calls may be recorded to ensure that entries are captured, for staff training, viewer support and quality control purposes.
Cancellation of Show. 9X Media Pvt. Ltd may in its sole discretion cancel all or any part of any Show without any liability to players. There is no obligation on the part of 9X Media Pvt. Ltd to broadcast any episode of the Show in which a player has appeared or any part of his/her contribution to the Show.
Releasing answers. 9X Media Pvt. Ltd is not under
any obligation to release information relating to
Game answers or methods of solution, other than
the information given by the presenter at the on
air conclusion of each Game. Any such information
subsequently released is released at 9X Media Pvt.
Ltd's absolute discretion.
Player Warranties. You warrant that you have not and will not receive any monies or other valuable consideration in connection with your contribution to the Show and that you have not nor will not authorise anyone acting on your behalf to do so. Your payment or acceptance of any valuable consideration in connection with your contribution to the Show will be considered a breach of these Terms and Conditions and may result in a fine. You accordingly agree to notify 9X Media Pvt. Ltd immediately of any attempt to be persuaded to make any product placement
Confidentiality. You agree to keep confidential any information or trade secrets obtained or learned as a result of your participation in the Game or the Show (including but not limited to, information about other players, information about the Game or the Show or any event in the Show or the outcome of the Show) known collectively as the "Show Information".
Exclusion of liability. To the fullest extent
permitted by law, 9X Media Pvt. Ltd hereby exclude
all warranties, representations, covenants and
liability (whether express or implied) regarding
the Show, the Game or the prize.
9X Media Pvt. Ltd will not be liable for any
damages or losses whether direct or indirect that
any player may suffer as a result of failure by 9X
Media Pvt. Ltd to deliver the Show (whether or not
as a result of any technical failure), including
but not limited to access delays or interruptions,
data non-delivery or mis-delivery, any acts of
God, war or terrorism, breaches of security or
unauthorised use of personal data arising from
hacking and/or failure or lack of reception of
telephone or mobile networks.
Nothing in these Terms and Conditions shall exclude or limit 9X Media Pvt. Ltd's liability for death or personal injury caused by their staff or supplier's negligence or for fraud.
Statutory rights. Nothing contained in these Terms and Conditions shall affect the entrant's statutory rights.
Right to amend these terms. You are advised to print and keep safe these Terms and Conditions. 9X Media Pvt. Ltd reserves the right to amend these terms at any time without prior notice. Any changes will be posted on this website and will be effective as of the date of posting.
Governing law and jurisdiction. These Terms and Conditions shall be governed by and construed in accordance with the laws of India. You irrevocably submit to the exclusive jurisdiction of the courts of Mumbai.
Disclaimer 9X Media Pvt. Ltd will not be liable for any losses sustained and arising out of or in connection with use of this website including, without limitation, indirect or consequential losses, loss of profit, loss of goodwill, loss of data or special loss. 9X Media Pvt. Ltd assumes no liability for the contents of any other website you may access from our website.
Copyrights The content on this website is protected by copyright and may not be reproduced or appropriated in any manner without the written permission of 9X Media Pvt. Ltd.
Trademarks The images, logos and names on this website which identify 9X Media Pvt. Ltd or any member of the 9X network are proprietary marks of 9X Media Pvt. Ltd, or one of the other members. All rights are reserved.
Investor Relations Disclaimer
The information contained on this website does not constitute advice or an offer to sell or deal in any securities and must not be relied upon in connection with any investment decision.
Server Ability If any part of these terms and conditions is found to be unenforceable it will not affect the enforceability of the remainder of the terms and conditions.
General Rules
The Activity is open for viewers and/or
participant above 18 years of age.
The participant(s) should not have a criminal
conviction. In case the participant is a minor,
his/her parents/legal guardian, if any, should not
have a criminal conviction.
The Company reserves all rights to make amendments
to the existing rules without prior notice.
The Company reserves the right to change the
timing and/or date of the Activity and/or without
giving any prior notice thereof to the
participant.
Non-conformance by any viewer and/ or
participant(s) of the rules of the Activity will
disqualify them from participation immediately.
The participant(s) of the Activity agrees that
he/she shall hold harmless the Company, its
employees, officers or any other person in
relation to any injury/damage/harm/loss suffered
by him/her, in any manner, whatsoever in
connection with the Activity and waives all rights
to file in person/ through any family member
and/or any third party applications, criminal
and/or civil proceedings in any courts or forum in
India against the Company to claim any damages or
reliefs.
The Company is in no manner whatsoever responsible
and/or shall not be held liable in any manner
whatsoever, for any injury, death, mental trauma
caused to the participant(s) in any manner
whatsoever, including but not limited to the
Activity and/or otherwise.
The participation of the participant(s) in the
Activity shall mean that the participant(s) has
read, understood, accepted and has agreed to abide
with all the rules including the General Rules of
the Activity.
The outcome of the Activity shall be final and
binding on the participant and in no event shall
the participant dispute the outcome of the
Activity.
The terms of this rules shall be construed in
accordance with the laws of India and subject to
the jurisdiction of Mumbai Courts only incase of
any dispute or other matter arising in reference
to the Activity shall be referred to a sole
arbitrator appointed by 9X and shall be governed
by the Arbitration and Conciliation Act, 1996,
amended from time to time. The venue for
arbitration shall be Mumbai and shall be conducted
in English language.
SPOTBOYE CONTRIBUTOR – UGC (USER GENERATED CONTENT)- ACTIVITY
SpotboyE Contributor Activity will be held using WhatsApp platform, content sent in by Fans/ user / Contributors / participants, shall be featured on Spotboye website ("Website/App/Social Media Platforms"), a website owned and operated by 9X Media Private Limited ("the Company"/ "US" / "We") as stated hereunder
(I) (SPOTBOYE CONTRIBUTORS – VIA EMAIL SUBMISSIONS)- An opportunity to be a SpotboyE Contributor
1. Fans / Users / Contributors can send in News (text), Images, Videos (for following categories Bollywood, Blog Features, Indian Television, Celeb,Fashion, Hot Gossip, Celeb Spottings) to the following email id [email protected].
2.Fans/ Users / Contributors / participants need to have read the Terms related to Activity before sending in content.
3. Fans / Users / Contributors will need to mention their Name & Contact Details for identification / contact purposes.
4. News received by Fans / Users / Contributors via email, will be shared with SpotboyE Editorial Team for approval.
5. Only post approval & verification of News by Editor/Editorial Team, will the News be published on SpotboyE web portal & app in the respective UGC Section..
6. Fans / Users / Contributors will be given credit if the News is Published.
7. By sending in News, Contributor acknowledges he/she has read the portal Terms & Policy & Accepts the same.
(II) (SPOTBOYE CONTRIBUTORS – VIA WHATSAPP SUBMISSIONS)- An opportunity to be a SpotboyE Contributor
1. SpotboyE Contributor (activity) activity means An opportunity to be a SpotboyE Contributor.
2. The Activity is open to, residents of India Only.
3. Company shall promote their number 9920199209 on all their Digital, Mobile & Social Media Platforms, via Video Promos, Banners / Ad Banners, Articles, Cover Photos, By Lines and Mentions. The same may also be promoted On-Air via bugs/astons/slugs/promos. Number will also be promoted via WhatsApp promotional Campaigns.
4. Under this Activity, (a) It is an open invitation for SpotboyE users / Contributors / participants to send in Bollywood / TV / Fashion / Music related News/ Meme’s / Funny Images / Jokes (Image/Video), Blog Features to Company on 9920199209 via WhatsApp.
(b) If a Fans/ user / Contributors / participants have some interesting content or news they would like to see featured on SpotboyE they shall send it to Company on its number (9920199209) using WhatsApp.
(c) Fans/ Users / Contributors / participants need
to have read the Terms related to Activity before
adding SpotboyE number on their Mobile Phone to
communicate via WhatsApp Messages.
(d) Fans / Users / Contributors can send in News
(text), Images, Videos (for following categories
Bollywood, Blog Features, Indian Television,
Celeb, Fashion, Hot Gossip, Celeb Spottings) to
SpotboyE on its number (9920199209) using
WhatsApp.
(e) SpotboyE has right to block Fans /Users / Contributors / participants spamming us with useless/irrelevant (porn, advertisement links, unknown persons photos, etc) content or using profanity. Company can maintain and will refer to Conversation Log’s. Should any dispute regarding content sent in by Contributor arises.
(f) SpotboyE does not endorse or is in no way
responsible for claims in UGC submitted
material.
5. Any tariff and/ or costs and/ or charges relating to and/ or arising into or out of Services relating to the Activity shall be solely decided and/ or charged by respective mobile service providers to the Fans/ Users / Contributors / participants. It is hereby clarified that the website and/ or the Company is no manner whatsoever involved and/ or responsible for any such tariff and/ or costs and/or charges relating to the Activity.
6. The Company makes no undertakings and/ or representations and/ or warranties under any circumstance whatsoever concerning the Activity.
7. The Company accepts no responsibility for any content, quality, delivery, variations, errors and/ or anything relating to the Activity.
8. The Company shall not be liable for any loss and/ or damage and/ or personal injury whatsoever that may be suffered as a result of participating in the Activity.
9. It is clarified that this is merely an Activity and there shall be no winner(s) declared and/or prizes distributed in this respect.
10. The Company and/or the website shall not be responsible in any manner whatsoever in connection to the Activity.
11. The Company reserves the right to withdraw the Activity and/or change the timing and/or date and/ or rules of the Activity at any time without giving any prior notice thereof to the Fans/Users / Contributors / participants and /or otherwise.
12. Fans/ Users / Contributors / participants cannot use abusive /foul, defamatory, deliberate language and anything obscene/ derogatory and affecting integrity of the Nation, President and Judiciary in the entries. Such entries would be disqualified.
13. Any obscene/ derogatory entries will be disqualified.
14. Company shall not be responsible for any harassment or foul play between members of group or misuse by/between Fans/ Users / Contributors / participants.
15. All and any incidental costs direct and/or indirect, if any, in relation to the Activity, shall be borne by the Fans/ Users / Contributors / participants and in no manner whatsoever shall the website and/or the Company be responsible for the same.
(III) (CELEB WHATSAPP CHAT + SPOTBOYE WHATSAPP FAN GROUPS)
(A)CELEB WHATSAPP CHAT
1. Company is offering Fans a chance to exclusively chat with a Celeb of its Choosing on SpotboyE Whatsapp Chat Group.
2. Fans/ Users / Contributors / participants need to have read the Terms related to Activity before adding SpotboyE number on their Mobile Phone / or requesting to be added to SpotboyE Group to communicate via WhatsApp Messages.
3. Company adds 253 people into the group on a first come first serve basis.
4. We have a 10-15 Minute Chat with a Celeb, we have one Moderators who will moderate, block / delete, the spam / nasty profane of Fans /Users / Contributors / participants while the Chat is in process.
5. Similarly we can use this concept, to build Spotboye multiple Whatsapp Groups with different names, due to limitation of 256 members per group.
6. Wherein Fans /Users / Contributors / participants can choose to be part of SpotboyE WhatsApp Groups of their Interest.
7. Fans /Users / Contributors / participants can also add Company to their Groups.
8. Company – News Articles/ Memes/ YouTube videos will be shared with Members of these Groups.
9. Fans /Users / Contributors / participants represents that all the details given by them is Genuine/ true.
10. SpotboyE has right to block Fans /Users / Contributors / participants spamming us with useless/irrelevant (porn, advertisement links, unknown persons photos, etc) content or using profanity. Company can maintain and will refer to Conversation Log€™s. Should any dispute regarding content sent in by Contributor arises.
11. Fans /Users / Contributors / participants shall need to mention source of the content, he/she is sharing via WhatsApp, to enable us to give credits.
12. Should a Fans /Users / Contributors / participants send their own created content, they need to mention in the WhatsApp message at the time of sending us content. Company's Moderator has the right to ask / communicate with sender(user)via WhatsApp Message/Voice Call to obtain clarity about content sent in. In such cases where Fans /Users / Contributors / participants is the main source / creator – Company will give credit to the Sender by mentioning his/her name as Contributor in Article which features content or News Piece.
13. In case a Fans /Users / Contributors / participants has sourced news or a content piece (say a Meme/Funny Image), then the Fans /Users / Contributors / participants needs to mention where he/she has sourced it from. In such cases Contributors, will be both Sender + Source where Fans /Users / Contributors / participants has found content will be mentioned. ( Eg: Raj send us a funny image, which he saw on XYZ FB page, both Raj & XYZ fb page will be mentioned as Contributor Source.
14. User sent in content on WhatsApp, once approved by Moderator, will be uploaded onto SpotboyE (Portal – www.spotboye.com + SpotboyE Application – IO + Android in respective UGC section).
15. Content can also be shared on all SpotboyE social platforms (Facebook, YouTube, Twitter, Snapchat,Google+).
16. News Stories which have been sent in by Contributors, can be shared in article/video format on Third Party – digital Platforms (Eg: Yahoo, News Republic).
DISCLAIMER
The site, the site materials, and the software, if applicable, are provided "as is" "with all faults" and "as available" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Spotboye, a channel belonging to 9X Media private limited ("Spotboye") disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Spotboye does not warrant that the availability of or the functions contained in the site, the site materials, the forums or the software, will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available or the software are free of viruses or other harmful components or that the site, site materials, software or server do not violate any patent or other intellectual property rights of any person. Spotboye does not warrant or make any representations regarding the use or the results of the use of the site, the site materials, the forums or the software, in terms of their correctness, accuracy, reliability, or otherwise. You (and not Spotboye) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Spotboye does not take responsibility of any nature whatsoever for any information provided by any person on the site.
PRIVACY POLICY
PLEASE READ THIS PRIVACY STATEMENT CAREFULLY BEFORE USING THIS WEB SITE
This site is owned and operated by 9X MEDIA PRIVATE LIMITED ("9X "). For clarity, Spotboye is a channel belonging to 9X Media. This Privacy Statement is applicable to the Spotboye Web site and all services provided thereon, including all Spotboye Forums (collectively, unless noted otherwise, the "Services"). Spotboye respects the privacy concerns of all users of the Services. Spotboye also recognizes the valuable potential of technology to help people communicate with the companies whose Web sites they visit, particularly through customer databases. Responsible use of the information you share with Spotboye is paramount. In order to help you understand how the information you provide to Spotboye will be used, the following guidelines have been created.
Personally Identifiable
Information:
In order to use certain portions of the Services
(i.e., Spotboye Forums), you may be required to
register and create an account with Spotboye
("Spotboye Account"). There is no cost to create a
Spotboye Account but you will be asked to choose a
member name (please select a name other than your
real name; also, please do not select the name of
a real person), password, and provide certain
personal information about yourself, such as your
real name, age, address, telephone number,
occupation and e-mail address. If you do provide
Spotboye with personally identifiable information,
we will take all reasonable and appropriate steps
to protect this information. Spotboye will not
disclose, share, sell or rent personally
identifiable information to any third party
without your prior consent. Please note that your
member name will be available to other members of
the Spotboye community while you participate in
certain Spotboye Forums. At your discretion, you
may also choose to create a public profile for
yourself which will be available to the public
(other members of the Spotboye community). Public
profiles are managed entirely by you and you are
solely responsible for the profile's content and
its "public" or "private" status on the Spotboye
Site. You may access, edit or delete your public
profile.
Other than registration information, you may be asked to provide certain personal information in connection with your use of or participation in certain promotions such as entering sweepstakes, contests, surveys, newsletters, etc, ("Special Promotions"). In these instances, you will be informed of the intended use(s) of the requested information.
Non-Personally Identifiable
Information:
As part of the registration process to create a
Spotboye Account or to participate in a Special
Promotion, Competitions, Online polls, download of
our audio and video content, you may be asked to
provide certain information about yourself which
does not personally identify you. For example, you
may be asked to provide information concerning
your music or other entertainment preferences,
purchasing habits, and the like. Spotboye requests
this information in order to enhance your online
experience by understanding you better and to also
make you aware of new services, programs or offers
in which you may be interested.
In general, you can use the Services (except Spotboye Forums) while remaining anonymous. However, in some cases, Spotboye may still be able to collect certain non-personally identifiable information about your use of the Services. For example, Spotboye might collect information concerning the type of Internet browser you are using, the type of computer operating system you are using, the domain name of your Internet service provider and/or the Web site or advertisement from which you linked to the Spotboye site.
When you visit one of the Spotboye Sites or
advertisements appearing thereon, or use one or
more of the Services, we may use an industry-wide
technology called "cookies" which stores certain
information on your computer and which will allow
us to customize your experience to better match
your interests and preferences or simply
facilitate your signing in to use the Services.
Most browsers will allow you to erase cookies from
your computer hard drive, block acceptance of
cookies, or receive a warning before a cookie is
stored. Please refer to your browser instructions
or help screen to learn more about these
functions. By accessing an Spotboye Site, you
agree to the use and storage of cookies on your
computer for subsequent access and use by
Spotboye.
In general, Spotboye may use non-personally
identifiable information to improve and enhance
the Services. However, from time to time, Spotboye
may share this information with other entities in
aggregate, non-personal form to show general
demographic and preference information among users
of the Spotboye Site.
Other
sensitive information:
Whenever you give Spotboye sensitive information
(e.g., credit card numbers), Spotboye will take
all commercially reasonable steps to protect such
information by establishing a secure connection
with your Web browser. Spotboye employs an
industry-wide technology known as a
secure-socket-layer ("SSL") to protect the
transmission of payment information to the Site.
Unless otherwise specified herein, credit card
numbers are used only for payment processing and
are not retained for marketing or any other
purposes.
Postings to Forums:
All postings, whether in a chat room, on message
boards or other method of communication within the
Forums will generally be available to and freely
accessible by other users of the Spotboye Forums.
Therefore, users should not expect that any
information they post will be kept private or
confidential and are encouraged to exercise
discretion when using the Spotboye Forums.
Additionally, your member name will always be
posted in conjunction with your post in the
Spotboye Forums. Users will be able to register,
subscribe, unsubscribe to SMS
notifications/newsletters. Users shall also be
able to upload their own content, images, avatar,
lyrics, jokes, characters, games, widgets,
screensavers, wallpapers, etc. Users can download
ringtones subject to payment for these. All
uploads by users shall be original uploads
uploaded at the users free will and such user will
be responsible for ensuring that they are original
works. 9X shall not be responsible in the event of
any upload not being original. Any upload shown on
the site will have details of the person. 9X shall
not be responsible for verifying the details of
the person and or content of the uploads. In the
event of any user identifying any information and
or upload on the site not to be true and or
original, the user shall notify 9X of the same and
9X shall at its sole discretion remove such
information and/or upload from the site.
Hyperlinks:
The Spotboye Sites may contain links to or
advertisements concerning other Web sites. Other
sites may also reference, advertise, or link to
Spotboye Site. Spotboye is not responsible for the
privacy practices or the content of such other
sites and expressly disclaims all liability
associated with your use of and the content on
such other sites. The site may include 3rd
party/user content uploaded and shared for
everybody.
How to review, update or delete you or your
child's personal account information:
As part of your use of the Services, you are
responsible for maintaining and updating, as
applicable, your Registration Information with
current and complete information. You may edit and
delete portions of your Spotboye Account
information or delete the Spotboye Account
entirely. Spotboye is dedicated to protecting your
personal information and welcomes comments and
questions on this policy. Spotboye reserves the
right to change this policy at any time by
notifying guests of the existence of a new privacy
policy.