The website, www.deeptoplay.com, and its application is owned, operated, and maintained by Kazi Media Limited (“Company”).
Please read the terms carefully before use of the DeeptoPlay services. These terms constitute a legal and binding agreement between you (the end user of DeeptoPlay) and the company (the owner of DeeptoPlay) and govern your use of DeeptoPlay. By checking/clicking on the ‘i agree’ link and/or by downloading and/or installing and/or browsing or using DeeptoPlay, you expressly accept the terms. If you do not accept the terms, please do not browse and/or download and/or install and/use DeeptoPlay.
1. ‘Application’ means the DeeptoPlay application owned by Company to provide the Content on Devices, which is available on various platforms such as iOS, Android, and supported web browsers, etc.
2. ‘Content’ means all text, graphics, images, music, software, audio, video, information, or any other materials available on DeeptoPlay.
3. ‘Devices’ means any and all internet-enabled devices like smartphones, tablets, laptops, desktops, etc. which are compatible with and have to access to the Internet.
4. ‘DeeptoPlay’ means DeeptoPlay website, www.deeptoplay.com, DeeptoPlay mobile web, and any other future variations or domain, Application, and any present and future means and modes to offer Services under Deepto TV ( Kazi Media Limited).
5. ‘Internet’ shall mean the system making use of the TCP/IP software protocols known as the internet or the world wide web whatever the communications links may be which connect the user (including by way of fixed, mobile, DSL, ISDN, UMTS WiMax or other broadband links) including any developments in such protocols or any other protocols which may be developed which give equivalent, reduced or enhanced functionality compared with such protocols.
6. ‘Subscription Package’ means a combination of one or multiple live tv channels, video on demand, TV shows, movies, music, or any other information or entertainment-based Content priced at a specific amount decided by the Company at its sole discretion.
FREE TO WATCH (AD MODEL): On the Free to Watch model viewers will enjoy all content free with ads except Premium content. It also refers to AVOD or advertising-based video on demand.
SUBSCRIPTION: By purchasing a subscription viewers can enjoy all content except Premium without ads. It also refers to SVOD - subscription video on demand, which will allow users to consume as much content as they desire at a flat rate monthly/half yearly/yearly.
PREMIUM: All Premium content comes with a 'Premium' tag on it, for easy identification from the rest of the content. It's pay per content model. Viewers will have to pay a specific fee to watch individual Premium content. Its TVOD model refers to transactional video on demand which is the opposite of subscription video, where consumers purchase content on a pay-per-view basis.
Unless otherwise specified, DeeptoPlay is available for individuals who have attained the age of majority in their jurisdiction. In the case of Bangladesh, this service is restricted to Users who are aged 18 years or older. If You are under the relevant age of majority in Your jurisdiction, You may only access the Site and the Services only in accordance with applicable law which enables a minor in your jurisdiction to access such a service. In Bangladesh, by browsing or downloading and/or installing, and/or using the DeeptoPlay, YOU represent and warrant that YOU are 18 years of age or older and in case YOU are less than 18 years of age, YOU have taken consent of YOUR parent or guardian.
YOU will be solely responsible for obtaining and maintaining the Device and Internet connection needed in order to access and use DeeptoPlay and paying for all such charges in relation thereto. Internet charges will depend on the plan subscribed by You from the internet service provider.
YOU may register YOURSELF as a user of DeeptoPlay and become a registered user of the DeeptoPlay platform (“Registered User”). During the registration process, YOU as a Registered User are required to create a user name (by using YOUR mobile number) and password.
As a Registered User, YOU agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current and complete. DeeptoPlay reserves the right to suspend or terminate YOUR registration as a Registered User without assigning any reason (including for the provision of inaccurate, not current, or incomplete information during the registration process or thereafter). As a Registered User, YOU shall be responsible for safeguarding YOUR password and for all transactions undertaken using YOUR Username and password. YOU agree not to disclose YOUR password to any third party and to take sole responsibility for any activities or actions under YOUR account, whether or not YOU have authorized such activities or actions. It is YOUR sole responsibility to change YOUR password immediately if YOU believe that YOUR password has been compromised. DeeptoPlay will not be responsible for any financial loss, inconvenience, or mental agony resulting from the misuse of YOUR Username and password in any circumstances.
Some of the Content is only available to users who avail of the Subscription Packages. Any Registered User can avail of the Subscription Package (“Subscription User”). As a Subscription User, You will be required to subscribe to Subscription Packages made available by DeeptoPlay from time to time.
YOU may subscribe to DeeptoPlay services by registering and availing of a Subscription Package on the DeeptoPlay platform. During the registration process, YOU are required to create a username (by using YOUR mobile number) and password.
The subscription to Subscription Packages may be subject to additional terms specified by Company. Depending on packages and/or value-added services and the term of the proposed subscription, YOU will be required to make online payments through YOUR credit card or debit card or net banking account, or cash card or via any other mode made available for making payments through mediums as authorized in YOUR territory and as provided by Company for accessing and browsing DeeptoPlay. The facility for online payments through credit cards or debit cards or net banking accounts or cash cards or any other mode is available for selected credit cards, debit cards, net banking accounts, and cash cards only. If YOU wish to avail the DeeptoPlay after the expiry of the initial term of Subscribed Packages, YOU shall prior to the expiry of such term, recharge YOUR account with the then prevailing subscription charges.
Company reserves the right to modify or discontinue DeeptoPlay at its sole discretion with or without notice to YOU. Company shall not be liable to YOU or any third party in any manner, should Company exercise its right to modify or discontinue the DeeptoPlay. Further, Company reserves the right, at any time, with or without notice and without any liability to:
(i) replace or otherwise withdraw Subscription Packages or Content,
(ii) change or reduce the number of hours of any Content;
(iii) blackout any Content; and
(iv) modify the prices for Subscription Packages or any part of DeeptoPlay service.
Further, the Company reserves the right to change packaging and introduce base and add-on packages and/or offer channels on an a-la-carte basis. YOU acknowledge and agree that the Content provided by the Company as part of DeeptoPlay is being supplied by third parties and the availability of such Content is outside Company’s control and can be removed anytime. Additionally, Company shall have the right, but not the obligation, to refrain from providing to YOU any Content in the interest of national security or in the event of emergency/war or similar situation or if the Content is anti-national, promotes political/religious propaganda, is against public policy, is banned or restricted from being distributed under any applicable law or Company otherwise determine that it is objectionable or obscene or is derogatory to any person or class of persons, hurts the religious sentiments of any religious group or infringes the privacy rights of any individual(s) or is not in the interest of Company’s subscribers or the general public.
In a credit card and/or debit card and/or net banking and/or cash card transaction and/or any other mode available, YOU must use YOUR own credit card and/or debit card and/or net banking account and/or cash card. YOU confirm and acknowledge that YOU are aware of the fact that when making any online payment through a credit card or debit card or net banking account or cash card or via any other mode available, YOU may be directed to an external payment gateway page. The payment gateway may redirect YOU to another website(s) maintained or controlled by third parties, and the Company does not control such third-party website(s) and hence are not responsible for any transactions on such website(s). Company will not be liable for any credit card or debit card or net banking or cash card fraud, and Company will not entertain or address any such grievances or issues. YOU are requested to communicate all grievances related to such issues to YOUR bank or mobile carrier/operator or mobile wallet provider who has issued such a credit card or debit card or net banking account or cash card. Company shall not be responsible for all or any dispute or difference relating to online payment made by YOU through credit card or debit card or net banking account or cash card or via any other mode available. Further, the Company will not be responsible for any financial loss, inconvenience, or mental agony resulting from the misuse of YOUR credit card or debit card or net banking account number or cash card, and other details. Payments once made by credit card or debit card or net banking or cash card or via any other mode available shall not be refunded in any circumstances. You are hereby advised to keep details of your credit/debit card and net banking confidential and not share any such details with any other third party.
By subscribing to the DeeptoPlay Site(s)/ App(s) Service, you are expressly agreeing that DeeptoPlay is authorized to charge you subscription fee as per your selected plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the DeeptoPlay Site(s)/ App(s) Service through any such payment method/ instrument including but not limited to credit/debit card, net banking or other payment method/ instrument accepted by DeeptoPlay (“Payment Method”) that you are provided. The Payment Methods will differ from platform to platform (operating systems). In the event your subscription expires, DeeptoPlay reserves the right to auto-renew your subscription through your authorized Payment Method provided such Payment Method offers the service of auto-renewal. You hereby authorize us to effect such auto-renewal in the above-mentioned scenario.
In the event you desire to discontinue your auto-renewed subscription, you may contact us at email@example.com in order to obtain assistance in this regard.
DeeptoPlay is available in select countries only. The company would not be held responsible for hindrances in the access and use of DeeptoPlay due to geographical changes in YOUR location. Further, YOU will be solely liable for accessing and using DeeptoPlay in the countries of YOUR use.
DeeptoPlay shall have the discretion to make certain or all Content that is a part of the Subscription available to You on either one or the limited number of end-user devices concurrently.
The Content on DeeptoPlay and the "DeeptoPlay" word mark and the “DeeptoPlay” design mark, as well as certain other of the names, logos, and materials displayed on or through DeeptoPlay that constitute trademarks, trade-names, service marks or logos ("Marks"), are owned by or licensed to Company and are subject to copyright, trademark, and other intellectual property rights under Bangladesh laws. YOU agree not to reproduce, duplicate, copy, download, stream capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit for any purposes the DeeptoPlay or any portion of the DeeptoPlay, including, without limitation, the Content and the Marks, except as authorized by these TERMS or as otherwise authorized in writing by Company. In addition, YOU are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based on in any way the Content and the Marks, including montages, mash-ups, and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, except as authorized by these TERMS or as otherwise authorized in writing by Company. You must abide by all copyright notices, information, and restrictions contained in or associated with any Content. You must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure (including, without limitation, geo-filtering and/or encryption) associated with the Content.
You hereby agree that all intellectual property rights, title, and interest in the user-generated content published or generated on DeeptoPlay by You shall vest with the Company.
a.It is hereby clarified that DeeptoPlay is provided for YOUR personal, non-commercial use only. You agree not to, either directly or through the use of any device, software, web-based service, or by other means, copy, download, archive, perform, display, upload, publish, transmit or retransmit the Content or create any work or material that is derived from or based on the Content, rent, lease, duplicate, sublicense, assign, pledge, loan, or resell the Content of DeeptoPlay. YOU shall not translate, reverse engineer, decompile, or disassemble DeeptoPlay. YOU shall only use the DeeptoPlay on a Device that is under YOUR exclusive control and ownership. YOU shall not permit any third party to benefit from the use or functionality of DeeptoPlay, either directly or via any facility management, timesharing, service bureau, or any other arrangement. If YOU transfer possession of any copy of DeeptoPlay to another party, YOUR subscription to DeeptoPlay shall automatically get terminated. All rights not expressly set forth hereunder are reserved exclusively by Company.
b.You are prohibited from using technology or other means to access, index, frame, or link DeeptoPlay, in whole or in part that is not authorized by Company;
c.You hereby agree not to use DeeptoPlay for promoting services of competitors of Company;
d.You hereby expressly agree to use DeeptoPlay in strict compliance with applicable laws;
e.You agree, undertake and confirm that Your use of DeeptoPlay shall be strictly governed by the following binding principles:
f.You shall not host, display, upload, modify, publish, transmit, update or share any information that:
i. belongs to another person and to which You do not have any right to; or interferes with another user's use and enjoyment of DeeptoPlay;
ii. that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another's privacy, hateful, or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner;
iii. misleading in any way; or
iv. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
v. infringes upon intellectual property rights of the third party or violates rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address, or phone number) or rights of publicity;
vi. contains restricted or password-only access pages, or hidden pages or images;
vii. provides material that exploits people in a violent or otherwise inappropriate manner or solicits personal information from anyone;
viii. provides instructional information about illegal activities such as making or buying illegal weapons or providing or creating computer viruses;
g.You shall not use any "deep-link", "page-scrape", "robot", "spider" or another automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of DeeptoPlay or any Content, or in any way reproduce or circumvent the navigational structure or presentation of DeeptoPlay or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through DeeptoPlay. We reserve the right to bar any such activity.
h.You shall not probe, scan or test the vulnerability of the DeeptoPlay website or any network connected to DeeptoPlay nor breach the security or authentication measures on DeeptoPlay or any network connected to DeeptoPlay. You may not reverse look up, trace, or seek to trace any information on any other user or visitor to DeeptoPlay to its source.
i. You shall not probe, scan or test the vulnerability of the DeeptoPlay website or any network connected to DeeptoPlay nor breach the security or authentication measures on DeeptoPlay or any network connected to DeeptoPlay. You may not reverse look up, trace, or seek to trace any information on any other user or visitor to DeeptoPlay to its source.
j.You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through DeeptoPlay or any service offered on or through DeeptoPlay. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
k.You shall not engage in advertising to, or solicitation of, other users of DeeptoPlay to buy or sell any products or services, including, but not limited to, services being displayed on or related to DeeptoPlay.
l.Your correspondence or business dealings with, or participation in promotions of, third-party advertisers found on or through DeeptoPlay, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such third party advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party advertisers on DeeptoPlay. YOU acknowledge and agree that Company is not responsible or liable for:
(i) the availability or accuracy of such websites or resources; or
(ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Company 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 risks arising from YOUR use of any such websites or resources.
(iii) It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on DeeptoPlay and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You on the public forum due to Your use of DeeptoPlay, and the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses but by browsing/using DeeptoPlay, You acknowledge and agree that We shall not be responsible for the use of any personal information that You publicly disclose or share with others on DeeptoPlay. Please carefully select the type of information that You publicly disclose or share with others on DeeptoPlay.
Your right to use DeeptoPlay premium services shall automatically terminate on the expiry of the term of the Subscription Package or YOU can choose the auto-renewal option to stay subscribed automatically.
You may discontinue your participation in and access to DeeptoPlay at any time. YOU agreed that upon suspension or termination, no amount shall be refunded to YOU by Company.
The company welcomes and encourages YOU to provide feedback, comments, and suggestions for improvements to DeeptoPlay ("Feedback"). YOU may submit Feedback by emailing us at firstname.lastname@example.org. YOU acknowledge and agree that all Feedback will be the sole and exclusive property of Company and YOU hereby irrevocably assign to Company all of YOUR right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Company's request and expense, YOU will execute documents and take such further acts as Company may reasonably request to assist Company to acquire, perfecting, and maintaining its intellectual property rights and other legal protections for the Feedback. You further acknowledge and agree that Company shall not be under an obligation to take any action pursuant to the Feedback provided by You. The company may, at its sole discretion, decide whether any action is required to be taken based on the Feedback received from You. You hereby expressly agree to indemnify and keep Company harmless against any liabilities that may be suffered or incurred by Company as a consequence of any action taken by Company pursuant to Your Feedback.
To The maximum extent permitted by applicable law of BANGLADESH, DeeptoPlay is provided on an "AS IS" basis without warranty of any kind, express or implied. Without limiting the foregoing provision, YOU assume sole risk and responsibility for selecting DeeptoPlay to achieve YOUR intend results, and sole responsibility for the installation of, use of, and results obtained from DeeptoPlay. Without limiting the foregoing provisions, Company makes no warranty that DeeptoPlay will be error-free, virus-free, or free from interruptions or other failures or that the DeeptoPlay will satisfy your specific requirements, or that the errors will be rectified. YOU understand that DeeptoPlay can be blocked or made inoperable and the company assumes no responsibility or liability for the same. DeeptoPlay is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of DeeptoPlay network could lead directly to death, personal injury, or severe physical or property damage (collectively, "high-risk activities"). The company expressly disclaims any express or implied warranty of fitness for high-risk activities.
You agree to indemnify, defend, and hold harmless the company, its subsidiaries, affiliates, officers, directors, employees, consultants, and agents (“indemnified parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such indemnified parties may incur as a result of or arising from (a) any information (including, without limitation, your user-generated content, feedback, or any other content) you (or anyone using your account) submit, post, or transmit on or through DeeptoPlay; (b) your (or anyone using your account's) use of the DeeptoPlay; (c) your (or anyone using your account's) violation of these terms; or (d) your (or anyone using your account's) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Company in asserting any available defenses.
LIMITATION OF LIABILITY
Under no circumstances and under no legal theory, whether in tort, contract, or otherwise, shall company be liable to you or to any other person or entity for any indirect, special, incidental, punitive, remote or consequential damages or any other damages whatsoever (including, without limitation, damages for loss of profits, loss of goodwill, loss of confidential or other information, business interruption, work stoppage, computer failure or malfunction, personal injury, loss of privacy, failure to meet any duty including a duty of good faith or of reasonable care, negligence (whether active or passive), and any other pecuniary or other loss whatsoever) arising out of or in any way related to the use or inability to use DeeptoPlay, loss of data or otherwise under or in connection with any provision of these terms, even in the event of fault, tort (including negligence, and gross negligence), strict liability, breach of contract, or breach of warranty by company, and even if company has been advised of the possibility of such damages. In no event will the company be liable for any damages in excess of your last recharge amount for DeeptoPlay. This limitation of liability shall not apply to liability for death or personal injury to the extent that applicable law prohibits such limitation. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
The relationship between Company and You is on a principal-to-principal basis. You are in no way the Company’s legal representative, partner, or agent for any reason whatsoever.
YOU agree that DeeptoPlay, including, but not limited to, the object code components provided to YOU is "Confidential Information" of the Company. YOU shall retain all Confidential Information in strict confidence at least with the same amount of diligence that YOU exercise in preserving the secrecy of YOUR most-valuable information but in no event less than reasonable diligence.
These TERMS are personal to YOU and YOU shall not assign, transfer, sub-contract, or otherwise part with these TERMS or any right or obligation under it without Company's prior written consent. Any attempt by YOU to assign or transfer these TERMS, without such written consent, will be null and of no effect. Company may assign or transfer these TERMS to any third party, at its sole discretion, without restriction. Subject to the foregoing, these TERMS will bind and inure to the benefit of the parties, their successors, personal representatives, and permitted assigns.
When You use or send any data, information, or communication to Company, You agree and understand that You are communicating with Company through electronic records and You consent to receive communications via electronic records from Company periodically and as and when required. The company will communicate with You by email or any push or other message or electronic records on the email address and or mobile number available with the Company which will be deemed adequate service of notice / electronic record.
Any notices or other communications required will be in writing and emailed to Company at email@example.com For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
If You have any claims with respect to the ownership of Content transmitted through DeeptoPlay, please follow the “Ownership Claims and Dispute Resolution Mechanism” at www.deeptoplay.com/privacy-policy.
LAW & DISPUTES
ENTIRE AGREEMENT AND AMENDMENT