a. THE GEMPLEX SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE GEMPLEX SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. GEMPLEX DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE GEMPLEX SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. GEMPLEX SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, GEMPLEX READY DEVICES, AND GEMPLEX SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
b. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL GEMPLEX, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
c. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
d. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
We may offer Gift Subscriptions for purchase on our websites. Your Payment Method will be charged for any purchased Gift Subscriptions. The purchase and redemption of Gift Subscriptions are subject to the Gift Subscription Terms. Promotional codes may be redeemed on our website. Promotional codes can only be used once and cannot be redeemed for cash, resold or combined with any other offers, including a free trial. If you received a promotion code through an offer by a third party, additional restrictions may apply.
All the contents so produced, created or purchased or bought byGEMPLEX Entertainment Pvt. Ltd shall be the Sole property of the GEMPLEX Entertainment Pvt. Ltd. In perpetuity for the entire World. All the rights associated with them shall be the property of Sole company, GEMPLEX Entertainment Pvt. Ltd.
a. Copyright. The GEMPLEX service, including all content provided on the GEMPLEX service, is protected by Indian and international copyright, trade secret or other intellectual property laws and treaties.
b. Trademarks. GEMPLEX is a registered trademark of GEMPLEX, Inc. For information on use of GEMPLEX trademarks visit.
c. Patents. GEMPLEX has patents that apply to our service. For information on GEMPLEX patents visit.
d. Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the GEMPLEX service, please notify us by completing the Copyright Infringement Claims form.
e. The Music created hereunder shall at all times constitute and shall be the Sole property of GEMPLEX.
f. This Agreement shall operate for all future formats of exploitation in respect of the “work” (as defined under the Copyright Act, 1957) undertaken hereunder.
a. For all GEMPLEX members, these Terms of Use shall be governed by and construed in accordance with the laws in INDIA, without regard to conflict of law’s provisions.
b. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the GEMPLEX service. These Applications may import data related to your GEMPLEX account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and GEMPLEX is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY GEMPLEX AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
GEMPLEX is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the GEMPLEX service, including the GEMPLEX website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the GEMPLEX service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note GEMPLEX does not accept unsolicited materials or ideas for movies or TV shows, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to GEMPLEX. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against GEMPLEX and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
If you need assistance with your account, click on the “Help” link at the top right hand corner or at the location specified on our website at any time. To find more information about our service and its features, please visit GEMPLEX Help Center (www.gemplex.com/help). In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.
a. If you are a GEMPLEX member in the INDIA (including its possessions and territories), you and GEMPLEX agree that any dispute, claim or controversy arising out of or relating in any way to the GEMPLEX service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This arbitration provision shall survive termination of this Agreement and the termination of your GEMPLEX membership. The Arbitration proceedings shall be governed by the INDIAN ARBITRATION and CONCIALATION ACT.
b. If you elect to seek arbitration or file a small claim court action, you must first send to GEMPLEX, by certified mail, a written Notice of your claim (“Notice”). The Notice to GEMPLEX must be addressed to: Bungalow no :5/ 54, RSC-2, SardarVallabhbhai Patel Nagar, Mhada Layout, Near MTNL Office, Versova, Andheri (W), Mumbai – 400 053, India, (“Notice Address”). If GEMPLEX initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by GEMPLEX, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If GEMPLEX and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or GEMPLEX may commence an arbitration proceeding or file a claim in small claims court.
If any term or condition of this Agreement 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.