Dimension Pictures Private Limited, (“DPPL”), owns/ operates ‘over the top” / Streaming Video on demand under the Brand name “Dimension on Demand” (DOD), wherein a user can access movies, web series, video, music content streamed over the internet to certain devices (“Service”). The website and the mobile application shall be collectively referred to as (“Platform”). These Terms of Use (“TOU”) govern your use of our Service.
By downloading, using or browsing the Platform, You (“User”, “You” or “Your”) consent, agree and undertake to abide, be bound by and adhere to the Terms of Use. These Terms of Use shall be read in conjunction and together with the Privacy Policy which forms an integral part of the Terms of Use and will constitute a legal and binding agreement between the User and DPPL in relation to Your access to use of the Services. We urge You to please read the terms and conditions carefully before use of the Service on the Platform. If You do not accept the Terms of Use then please do not browse, download or use the Platform in any manner for any purpose.
In consideration of use of the Service, the User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from using the Platform or availing the Services under the laws of India or other applicable law. While individuals under the age of 18 years may utilise the Service, they shall do so only under the guidance, supervision and involvement of a parent or guardian as the case may be. These Term of Use is an electronic record in terms of Information Technology Act, 2000 read with Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Your access to the Services shall be construed that You agree to the Terms of Use and Privacy Policy. We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms of Use at any time without prior notice. Such changes and/or modifications shall become effective immediately upon being posted/published on the Service herein. Your continued use of the Service following the posting of changes and/or modifications shall constitute your acceptance of any revised Terms of Use. We retain the right at any time to deny or suspend access to all or part of the Services to anyone who we believe will violate or has violated any of the terms of use.
User Account
In order to access the Service on the Platform, you will have to register by creating an account with Us (“Account”), which may be authenticated using your mobile number, email ID, User ID. To create an Account and participate, you must be 18 years of age or older at the time of registration. If you are minor, then You need to ensure Your parent consent to Your availing the Services. You will be solely responsible for any activities or actions taken under Your Account, whether or not authorized by You. Please notify us immediately of any unauthorized use of your Account. We are not liable for any loss or damage from Your failure to comply with these requirements. You agree that the information You provide Us will be true, accurate, current and complete.
Service Content
As a part of Service, DPPL shall provide content of their own and also transmit aggregated content as provided by content owner/licensor/producer/aggregator/distributor/third party on "as is" basis without any modification or involvement in creation of such aggregated content (hereinafter referred to as “Content”). For such Content, DPPL acts purely as an "Intermediary" as read and construed under equivalent local laws of your jurisdiction and rules thereunder as applicable. DPPL expressly exclude any kind of liability relating to Content. Being an “Intermediary”, DPPL has no responsibility and / or liability in respect of any Content on the Services, including without limitations, for intellectual property rights infringement, defamation, illegal content or any other violation under applicable law. The content will be made available to Users on Free, Subscription and Video on demand basis for viewing at the User's discretion at a time chosen by the User and download for offline viewing as well[VJ1] . For downloading any content, the User agrees that: (a) the downloads are temporary in order to allow you to view the content within a specified period of time and you shall not attempt to or actually make a permanent copy of the content in any manner or form, and (b) not every content may be available for download for offline viewing. The availability of, and your ability to access, the Content or some part of Services, (a) is subject to DPPL’s sole discretion and (b) may be dependent upon your geographical location and (c) is on the condition that not all Content or Services will be available to all users.
DPPL may categorize and classify certain content and provide disclaimers with respect to the content, for viewers to choose such content for viewing. Some content offered on the Service may not be suitable for some Users and therefore User’s discretion is advised. Also, some content offered on the Services may not be appropriate for viewership by children, parents and/or legal guardians are advised to comply with applicable laws and exercise discretion before allowing their children and/or wards to access content on the Service.
DPPL shall pre-screen the aggregated Content and will monitor all the content. However, DPPL may remove any Content from the Services if it determines in its sole discretion that such Content is in violation of this Terms of use, complaints are received from you or any third party or any applicable law. Such actions do not in any manner negate or dilute our position as an “Intermediary” or impose any liability on DPPL with respect to aggregated Content. Any use or reliance on any Service Content or materials posted via the Services or obtained by you through the Services is at your own risk.
DPPL does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content. You understand that by using the Services, You may be exposed to Third Party Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will DPPL be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Services or narrow casted elsewhere.
Limited License
DPPL grants the User a non – exclusive, non – transferable, non – sub- licensable, limited license during the viewing period, subscription term and subject to payment of the transaction fee, Subscription fee to access and view the Content in accordance with the Terms of Use as mentioned herein under for personal and non – commercial use only. The content shall be automatically disintegrated from your device upon completion of the viewing period or Subscription term.
Access Controls
The Service available for viewing will be for specific territory/across the world. DPPL may use technologies to verify your location in order to verify if the User complies with such restrictions and the User shall not use any means by which his/her geographical location is disguised.
User Services
Some of the content may be made available under the Subscription/Video on Demand/Free category can be accessed only by Users who have opted for specific category as offered on the Service, from time to time ("User"). User may request for Video on demand by paying the fees for it, the Video on Demand will be subject to different limitations and restrictions, the cost and/or period of each of these services may vary.
To become a User or to download the application, You will be required to create an account which will contain information like mobile number, email id and user id as the case may be (“Account”). Some of this information might need to be verified by You to proceed further through one-time-password to be sent to the User registered mobile number and or registered support@dodpictures.com You should at all times while accessing/using the Service (i) be a registered subscriber of DPPL; (ii) hold a valid Account (as defined above) with DPPL. If you have reason to believe that your Account details have been obtained by another without consent, you should contact DPPL at support@dodpictures.com immediately to suspend your Account and cancel any unauthorized subscription orders or payments (if any) that may be pending. Please be aware that demand orders or payments (if any) can only be cancelled up until provision of Services has commenced. In the event that an unauthorized provision commences prior to your notifying as required under this section of the unauthorized nature of the order or payment, we will suspend provision of Services and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined at sole discretion of DPPL, whether or not to cancel the Services and permit a full or partial refund of the payment for unauthorized order or revalidate your Account post reverification and revalidation.
User Fees and User Term
After successful creation of the Account, You will be required to pay a User fee for accessing the Service demanded in the territory where you reside.
The User Fee specified for Video on Demand and Subscription is inclusive of applicable taxes.
You will be required to pay the Fee through the App purchases from Apple store or Android or through other modes as prescribed or may be available. On successful completion of the payment towards the Fee and post authentication, video demanded by you or the subscription for a particular category will become active and you will be granted access to the Service. In certain cases, post completion of the payment of the Fee, your Service activation may be delayed due to operational and/or technical reasons.
The Video demanded by you will be automatically disintegrated from your device upon completion of the viewing period.
You can access the status of your transaction anytime through the "Account" section on your profile page.
We reserve the right to change, terminate or otherwise amend the Video on Demand fees, subscription packages and/or Subscription Fees and/or billing cycles at our sole discretion and at any time. Such changes shall be effective/ applicable post completion of the ongoing Term already availed by the User.
In case of revision in the Fee for a particular membership plan or for any extension or renewal period, DPPL may give You an advance notice of such revision whether by way of notification on the Service itself or through your registered e-mail or registered mobile number (as the case may be). Your continued use of the Service post such notification upon commencement of renewal or extension period, shall be construed as acceptance of the revised Fees.
The VOD and Subscription Fees paid are non-refundable irrespective of whether the Service have been availed and/or consumed. Your VOD content will continue to remain active till the end of your viewing period and your Subscription plan will continue to remain active till the end of the Subscription Term, irrespective of when you cancel the Service. In event of any fraudulent transaction, we may refund the VOD fees and Subscription Fee during the Term post successful verification which your subscription will be deactivated, and your access to Subscription Service shall be revoked. Any changes in the subscription plan opted by you is effective only after the expiry of the current Subscription Term for which you have already been billed. Accordingly, the Service as per revised plan opted by you shall be effective only after the expiry of the then current Subscription Term. In event You decide to upgrade the existing / ongoing subscription pack, the terms for such subscription will be accordingly adjusted and extended for the additional term. Subject to the User opting for a subscription pack of higher value then the existing Subscription pack.
Post cancellation of your subscription, if you wish to re-subscribe to the Service, you may do so from your "Account" page.
Account Security
You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your DOD account. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with Your account. DPPL cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Purchase and Cancellations
All transactions for the Service are final and DPPL does not accept any cancellations, however in an event of any genuine technological issues at DPPL’s end we may under certain circumstances and in our discretion refund such transaction amount to the User[VJ2] . Once the User has started streaming or viewing the content then no cancellations shall be allowed. Hence the User shall make an informed decision before taking any affirmative action in availing of the Service.
User Warranty
The User represents and warrants that it shall not (i) transfer, sell, lease, distribute, rent or broadcast any right in and to the content (ii) remove any anti – piracy warnings, proprietary notices or labels as already available in the content (iii) attempt to disable, circumvent, modify, reverse – engineer, decompile or defeat any digital rights management or other content protection system used within the Service by DPPL or use any content for illegal or unauthorized purposes (iv) use multiple accounts per individual User per device; or (v) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms of Use.
Third Party Website Links
Services may contain links to third-party websites or resources. You acknowledge and agree that DPPL is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, advertisements, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by DPPL Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Termination
DPPL may in its discretion revoke or suspend a User’s access to the Service without giving any notice, if the User is found violating any Terms of Use. The User will not be given any refund of the Transaction fee or Subscription fee paid by him for availing the Service. DPPL may in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice (unless required under applicable law). You agree that DPPL will not be liable to You or any third party for any such termination or interruption. Upon termination for any reason, You agree to immediately stop using the Service on the Platform and shall also delete all copies of Content that you may have downloaded.
Disclaimer
The views and opinions as displayed in the content are those of the filmmakers and do not necessarily reflect or represent the views and opinions held by DPPL. DPPL shall categorize and classify certain content and provide disclaimers with respect to the content, for viewers to choose such content for viewing. Some content offered as a part of the Service may be offensive or objectionable and may not be suitable for some users and therefore User discretion is advised to choose such content for viewing. DPPL does not guarantee the accuracy of such descriptors and the same is provided purely for convenience of the Users in making an informed decision. Also, some Content offered as part of the Service may not be appropriate for viewership by children. parents and/or legal guardians are advised to comply with applicable laws and exercise discretion before allowing their children and/or wards to access content on the Platform.
Limitation of Liability
The User agrees and acknowledges that to the fullest extent as permitted under Law, in no event shall DPPL or their directors, officers, representatives, employees, shareholders, agents, licensors be liable to you or anyone else under any theory of liability (whether in contract, tort, statutory or otherwise,) for any indirect, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill and data even if the Parties were such advised of, knew of or should have known the possibility of such damages) resulting from use Service on the Platform or any part thereof.
In no event shall DPPL’s or the content providers liability to the Users for all damages arising from the use of the Service, information or material as part of the Platform exceed the amount as paid by you to DPPL for a particular transaction in lieu of which such claim has arisen. In other words the cumulative liability of DPPL and the content providers shall be limited to the amount per transaction that a User has paid for such disputed transaction. The limitations in this clause will apply even if the remedies fail of their essential purpose.
This clause shall survive termination of this Terms of Use.
Indemnity
User agrees to fully indemnify, defend and hold harmless DPPL, its associates, directors, employees, officers, shareholders, agents, representatives, sub-contractors, consultants and third-party providers from and against all losses, claims and damages including legal fees, resulting from: (i) your violation of any terms of as mentioned herein; (iii) your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; (iv) your breach of any applicable laws; (iv) any unauthorized, improper, illegal or wrongful use of your account by any person, including a third party, whether or not authorized or permitted by you; and (v) your breach of any representation, warranty, covenant or undertaking under the agreement or under applicable law.
This clause shall survive termination of this Terms of Use.
Intellectual Property Rights
For the purpose this Terms of use, the terms "Intellectual Property Rights" shall mean all patents, trademarks, service marks, copyrights, database right, trade names, brand names, trade secrets, design rights and similar proprietary rights of DPPL and/or its licensors and/or other respective owners, whether registered or unregistered and all renewals and extensions.
The rights, title and interest in the Intellectual Property Rights in the Service including without limitation all its constituents, content, features, functions, text, images, audios, audio-visuals, literary work, artistic work, musical work, computer programme, dramatic work, sound recording, cinematograph film, a video recording, content performance and broadcast as defined under the applicable laws, specifications, instructions, abstracts, summaries, audio commentaries/content, copy sketches, drawings, artwork, software, source code, object code, comments on the source code and object code, domain names, application names, designs, database, tools, icons, layout, programs, titles, names, manuals, graphics, animation, games, applications, user interface instructions, photographs, artist profiles, illustrations, jokes, memes, contests, gaming elements/content, interactive elements and all other elements, data, information and any other content/materials are the property of DPPL and/or its licensors and/or other respective owners and are protected, without limitation, pursuant to relevant Intellectual Property Rights laws of India and the world. DPPL retains full, complete and absolute title to the Service and all Intellectual Property Rights therein.
The Service including any Content thereon shall be deemed to be non-exclusively licensed to You by Us only for Your non-commercial personal use and only for such period as We may, in our sole discretion, deem appropriate. You shall not use, reproduce, redistribute, sell, offer on commercial rental, decompile, disassemble, adapt, communicate to the public, make a derivative work, interfere with the integrity of the Service (including without limitation the software, coding, constituents, elements, Content, etc.) in any manner whatsoever.
You expressly confirm not to, directly or indirectly, copy, reproduce, modify, edit, re-edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, publish, distribute, circulate, communicate to the public, disseminate, broadcast, transmit, sell, rent, lease, lend, assign, license, sub-license, disassemble, decompile, reverse engineer, market, promote, circulate, exploit, digitally alter or manipulate the Service and/or any parts thereof (including any and all Materials therein) (in whole or in part) in any manner, medium or mode now know or hereinafter developed.
Entire Agreement
Terms of use and our Privacy Policy form the entire and exclusive agreement between DPPL and you regarding the Services (excluding any services for which you have a separate agreement with DPPL that is explicitly in addition or in place of the Terms of use), and the Terms of use supersedes and replaces any prior agreements between DPPL and You regarding the Services.
Waiver
Failure by DPPL to insist upon strict performance of any provision as mentioned herein under or the failure by DPPL to exercise any right or remedy to which we are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any agreement.
Severability
If any term or condition as mentioned herein under is deemed invalid, void or for any reason unenforceable that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.
Governing Law and Jurisdiction
Any legal issue/dispute arising out of this Agreement, but not exclusive to the use of the Services (unless otherwise specifically stated) are governed by and in accordance with the laws of India. By using the Platform you agree that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, shall be finally settled by arbitration in Mumbai in accordance with the provision of the Arbitration and Conciliation Act, 1996 in English through the sole arbitrator appointed by us. Confidentiality of any and all such arbitration and the entire process shall be the responsibility of both parties.
The Courts in Mumbai, Maharashtra shall have exclusive jurisdiction in respect of any matters arising here from
Survival
You acknowledge that your representations, undertaking and warranties and the clauses related to indemnity, limitation of liability, limited license, governing law, shall survive the efflux of
time and termination of the Terms of Use.
For grievances:
If you have any content complaints regarding any content available on the DOD (content complaints) or complaints regarding use of the personal information under Terms of use and or Privacy Policy, you can register the complaint by writing to:
Level I
Customer support details at http://dodpictures.com Email address: support@dodpictures.com
Level II
Grievance Officer details at http://dodpictures.com Email address: support@dodpictures.com
Level III
In case of Grievance is not resolved within 15 days then you can escalate and register your grievance to support@dodpictures.com Level III.