August 7, 2015
Welcome to Haiuken. We are an online video streaming service. We offer our users access to audio-visual entertainment in the form of full length feature films, non-feature film videos, promotional videos, music videos and various other content offered through our website (“Content”). The Content is made available through Internet streaming and is accessible through Web browsers and apps on various compatible platforms that are compatible with our System Requirements. The Content, the video streaming of our Content, our website, our apps, and any other features, functionalities, applications, materials, or other services offered from time to time by Haiuken in connection with any of the above, however accessed, are referred to collectively as the “Services” or the “Haiuken Services”)
The use of the Haiuken Services is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are incompetent to contract within the meaning of the Indian Contract Act, 1872 are not eligible to use the Haiuken Services. Without prejudice to the generality of the above, no person under the age of 18 may use or access the Haiuken Services or the Content or attempt to enter into any transactions on our website.2.2.
By using or accessing the Haiuken service, you (i) consent to the use of electronic communications in order to enter into contracts and confirm terms from Haiuken; (ii) consent to the electronic delivery of notices, policies and records of transactions initiated or completed by you online; and (iii) acknowledge that you have access to the necessary software and hardware to receive electronic records from Haiuken in connection with transactions initiated or completed by you online. You consent to receiving electronic communications from Haiuken regarding Haiuken’s services and you represent that you are not on any Do Not Call / Do Not Disturb registries under the Telecom Unsolicited Commercial Communications Regulations, 2007, the Telecom Commercial Communications Customer Preference Regulations, 2010 or otherwise which preclude us from sending you these communications.
Haiuken, its affiliates and its licensors/licensees have, and shall continue to retain, all title, rights and interests in the Haiuken Services and the Content, including all information, design, layout, text, graphics, logos, designs, photographs, databases, icons, images, audio/video clips, digital downloads, data compilations, graphics, illustrations, configurations, data, data fields, flash presentations, code, underlying technology, content delivery mechanisms, plug-ins and other files and software.5.2.
The Haiuken Services including the website, the look and feel of the website, the presentation of the Content, user interface, databases and compilations are the sole and exclusive property of Haiuken.5.3.
“Haiuken” is registered trademarks of Haiuken Inc. The Haiuken logo, and haiuken.com are used as trademarks or service marks of Haiuken Inc. The Haiuken website and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Haiuken Inc. The trademarks, service marks and trade dress of Haiuken may not be used or reproduced without prior written approval from Haiuken and may not be used in connection with any product or service that is not affiliated with Haiuken, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Haiuken, or in any manner that disparages or discredits Haiuken. Other trademarks that appear on the Haiuken website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Haiuken. Any images of persons or personalities contained on the Haiuken website and user interfaces are not an indication or endorsement of Haiuken or any particular product or our service unless otherwise indicated.
Your limited license as provided is subject to the following conditions:
We distribute movies and other filmed entertainment and we reserve the right to display and promote the filmed entertainment or other information through our service, including our website and user interfaces, to you in any manner we choose in our sole and absolute discretion. In addition, the Haiuken service allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the Haiuken service are those of the respective authors or producers and not of Haiuken, or its shareholders, directors, officers, or employees or licensors. Under no circumstances shall Haiuken, or its shareholders, directors, officers or employees or licensors be held liable for any loss or damage caused by your reliance on information obtained through the Haiuken service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Haiuken service.7.2.
The use of the Haiuken Services and access to the Content are subject to you having the necessary hardware, software and network resources as listed under our System Requirements.7.3.
You may access the Haiuken Services and Content only in geographic locations where we offer our services. The Content that may be available to watch may vary by geographic location. Haiuken uses technologies to verify your geographic location and thereby limit your access to content not available in such location.7.5.
From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of content, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
Account Information and Security: When creating your account, you must provide accurate and complete information. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your Haiuken ready device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions and may be required to compensate Haiuken for any losses arising out of them. You shall not use another user’s membership account without permission. You must notify us immediately of any breach of security or unauthorized use of your account and you should also report this instance to all your card issuers, as well as your local law enforcement agency. In order to provide you with ease of access to your account and to help administer the Haiuken service, Haiuken implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Haiuken service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.8.3.
Membership Cancellation: You may cancel your Haiuken membership at any time. We do not provide refunds or credits for any partial-month membership periods or unwatched Content.8.4.
Change of Features and Content: Haiuken reserves the right to change, supplement, alter or remove any of its features or Content as it deems fit and a paid membership does not guarantee continued access to such features.8.5.
Fair Use Restrictions: Haiuken may also place additional fair use restrictions including Restrictions on concurrent connections and time of usage as provided here.8.6.
Advertisements: Some of the services, facilities or features of the Haiuken Services are supported by advertising revenue and the Haiuken Services may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the website, queries made through the Haiuken Services or other information. The manner, mode and extent of advertising by Haiuken through the Haiuken Services are subject to change without specific notice to you. Haiuken takes no responsibility for advertisements or any third party material, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Haiuken Services are between you and the advertiser, and you agree that Haiuken shall not liable for any loss or claim that you may have against an advertiser.8.7.
Promotional Offers: Haiuken may from time to time, offer certain additional features or discounted access as promotional offers, free of cost or at discounted rates to its users. Such promotional offers are offered by Haiuken on an “as is” basis without any warranty or obligation regarding such promotional offer, unless expressly provided otherwise. No promotional offer shall be deemed to imply any obligation on Haiuken to continue to offering such or similar promotional offers. Any promotional offer made available by Haiuken may not be combined with any other offers.8.8.
User Reviews: We permit you to post reviews of content available through the Haiuken service. We do not regularly select or review the content posted on the Haiuken website; however, we reserve the right to reject, remove or edit such content at anytime without notice. You may not post reviews or otherwise disseminate on or through the Haiuken Services, any content that is unlawful, harassing, libellous, tortious, abusive, offensive, threatening, or obscene, or materials which infringe or violate any third party’s copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred, or that promotes illegal activities or physical harm against anyone. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason.8.10.
Streaming Software/Software Plug-ins: Any software, including any files, images generated by the software, code, and data accompanying the software, used or accessible through this website may be used by you solely for accessing and using this website for purposes expressly stated herein. Haiuken retains full and complete title to all intellectual property rights and other proprietary rights subsisting in or used in relation to such software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any such software.
We are an intermediary, as defined under the Information Technology Act, 2000. As part of our obligations under the Information Technology Act, 2000, upon receiving actual knowledge that any information, data or communication link residing in or connected to a computer resource controlled by us is being used to commit an unlawful act, we are required to remove or disable access to such material.10.2.
If you believe your work has been reproduced or distributed through the Haiuken Services in a way that constitutes copyright infringement or are aware of any infringing material available through the Haiuken Services or if you have tangible and conclusive information that any of the material made available through Haiuken is illegal, please notify us through email at: email@example.com.
The notification must be in writing and where the claim relates to one of copyright infringement, the notification must contain a description of the copyrighted work that is claimed to have been infringed, authorization to act on behalf of the copyright owner, details of what material is allegedly infringing, how the infringement has occurred/is occurring, the location of the same within the Haiuken Services and your contact details. Where the claim relates to one of illegal content, the notification must include tangible and conclusive information that the material made available through the Haiuken Services is illegal under the laws of India.10.4.
We also acknowledge a DMCA, in accordance to the Digital Millennium Copyright Act, commonly known as the "DMCA.", under the laws of United States of America. We will process each notice of alleged infringement that we receive and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to our copyright agent at: firstname.lastname@example.org (subject line: "DMCA Takedown Request").
The Haiuken Services, including our website and user interfaces, and all Content and software associated therewith, or any other features or functionalities associated with the Haiuken Service, are provided "as is" and "as available" with all faults and without warranty of any kind. To the fullest extent permissible pursuant to applicable law, we, our affiliates and our licensors make no representations or warranties of any kind with respect to the Haiuken Services, our website and user interfaces, and all Content and software associated therewith, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.11.2.
Haiuken assumes no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of any advice, opinion, statement or other content or of any products or services advertised by third parties through the Haiuken Services. Haiuken does not make any warranty that the Haiuken Services or the Content will meet the your requirements, or that the Haiuken Services or the Content will be uninterrupted, timely, secure, free from be free from errors, interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion, or that defects, if any, will be corrected.11.3.
Haiuken assumes no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of any advice, opinion, statement or other content or of any products or services advertised by third parties through the Haiuken Services. Haiuken does not make any warranty that the Haiuken Services or the Content will meet the your requirements, or that the Haiuken Services or the Content will be uninterrupted, timely, secure, free from be free from errors, interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion, or that defects, if any, will be corrected.11.4.
You expressly agree that use and access of the Haiuken Services, including all Content, data or software distributed by, downloaded or accessed from or through the Haiuken Services, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download or access of such Content, data and/or software.11.5.
We do not make any representations with respect to the contents and composition of the Content from the Haiuken service or the descriptions of any movie or TV show content contained on our website and user interfaces. We do not endorse, condone, support or make any warranties regarding accuracy or completentess of any statements, representations, advice, views or opinions contained in any of the Content or advertisements. All such statements, representations, advice, views or opinions may be partly or entirely fictional, exaggerated or false and the licensors of such Content or advertisement are solely responsible for the same.11.6.
Haiuken may provide the Haiuken Services, links to web sites operated by other entities. If you use these sites, you may leave this website based on your browser settings and may not be able to complete or may have to re-do certain operations through the Haiuken Services. If you decide to visit any linked site, it is done so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Haiuken makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. The links do not imply that Haiuken, its affiliates or its licensors sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Haiuken.11.8.
The disclaimers provided herein are supplementary to the Legal Disclaimer and neither shall substitute or limit the other.11.9.
IN NO EVENT SHALL Haiuken BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON THE YOUR INFORMATION HANDLING SYSTEM THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, AND FUNCTIONS OF THE Haiuken SERVICES, EVEN IF Haiuken IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES HERETO ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.
Termination: We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. Haiuken may also impose limits on certain features and services or restrict your access to parts or all of the Haiuken Services without any notice or liability.13.2.
External Links to this website: All links to the website must be expressly approved in writing by Haiuken and shall be subject to the following conditions: (i) the link is a text-only link containing only the name “Haiuken” and directs only to http://haiuken.com and not to any other page of the website; (ii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a frame on the linked website; (iii) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Haiuken nor be such as to damage or dilute the goodwill associated with the name and trademarks of Haiuken, its affiliates or licensors; and Haiuken reserves the right to revoke or alter the terms of such consent to link at any time in its sole discretion.13.3.
Export Control Regulations: You hereby agree to comply with all applicable laws regarding software and the transmission of technical data exported from the country in which you reside13.4.