Terms of Use
Last updated on: September 26, 2013
Acceptance of these terms


The following Terms of Use ("Terms of Use") is applicable to you for using our farmOTT website ("farmOTT"), under which you are able to use our cloud based transcoding and associated services ("Services"). The Services offered hereunder is solely for your personal use and not for any commercial use. By using / uploading / accessing / availing our Services you hereby agree to abide and comply with all the terms and conditions set forth in this Terms of Use. The term “you” shall mean the natural person or any legal entity that is agreeing to be bound by this Terms of Use through you. In case of an organization, you hereby agree to Terms of Use under a valid authorization and hereby bind your organization to these Terms of Use. It shall be deemed that all the terms and conditions mentioned herein are accepted by you on behalf of your organization. In the event of you not agreeing to these terms and conditions mentioned in this Terms of Use, you are requested by Ittiam not to avail the Services. farmOTT website and the Services are owned and provided by Ittiam Media Labs Private Limited ("Ittiam"), a company incorporated under the Companies Act, 1956 of India, having its registered office at Consulate 1, No.1 Richmond Road, Bangalore 560 025, India. You hereby agree that we may suspend, modify and alter the Services at any time without prior notice to you. Further, we may also remove any content from our Services, change the Terms of Use at Ittiam’s discretion at any time without prior written notice to you. You are responsible for reviewing the farmOTT website and this Terms of Use periodically for any modifications. Any access or use of farmOTT website by you after any modifications to this Terms of Use shall constitute and be deemed to be your agreement to such modifications. By continuing to use the Services, you agree to be bound to the revised Terms of Use.

Content Sharing:
Our Services come with features which allows you to share your transcoded video content / data ("Your Content") to the public via social networking sites or other media. You have to be very careful with Your Content, when you share in public forum, Ittiam does not take any responsibility for Your Content whatsoever. You hereby agree to indemnify Ittiam against any claim that may arise as a result of any activity which is considered as illegal, done by your usage of our Services or sharing Your Content by using our Service. Ittiam shall not be liable either directly or indirectly to you or to third party who may claim through you, under any circumstances whatsoever. You agree that Your Content which is shared with public may be subject to review by Ittiam at its own discretion. You hereby acknowledge that Ittiam has no obligation to monitor or review Your Content. Ittiam shall not be responsible for the accuracy, completeness, loss of data or appropriateness, quality of the content transcoded by using our Services, legality of files, user posts, or any other information you may be able to access using the Services.

Your Responsibilities
Your Content including but not limited to any text, images, music, sound, video, photographs, graphics of any kind in any media, which you have created shall be owned by you. Ittiam makes no claim of ownership over Your Content. You can delete or modify Your Content at your discretion. In case of technical problems (servers crashing, hosting crashing), Ittiam will not be responsible for the loss of user's files thereof. Your Content may be protected by various applicable intellectual property laws. You are prohibited from uploading, downloading or sharing files unless you have the specific right or license to do so. You are hereby prohibited from uploading any of Your Content which violates or infringes any intellectual property rights owned by any third parties.

You agree that Your Content and/or your use of the Services shall not:
  1. interfere in any manner with the functionality or proper working of the Services;
  2. constitute, promote, facilitate or permit gambling;
  3. include, promote or facilitate child pornography or other illegal activities, including without limitation, activities that might be libelous or defamatory, invasive of privacy or publicity rights, abusive, or otherwise malicious or harmful to any person or entity, or that discriminate based on race, sex, religion, nationality, disability, sexual orientation or age;
  4. primarily consist of content that is that is libelous, defamatory, obscene, pornographic, invasive of privacy or publicity rights, abusive, that would constitute or encourage a criminal offense or that would otherwise give rise to liability or violate any law;
  5. distribute, share or facilitate the distribution or sharing of unauthorized data, malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code; or
  6. violate, misappropriate or infringe the intellectual property, privacy, publicity, contractual or other proprietary rights of any third party, including without limitation the intellectual property rights of Ittiam, its end users, or any other party.
You hereby agree to be solely responsible and liable for all your activity while availing our Services. Without limiting the above, you agree that you will not use the Services to create derivative works of any kind based on other parties’ materials or upload or download any such materials, except as expressly permitted hereunder, or unless you have obtained all necessary rights and licenses from the owners of such materials.

Further, our Services involves compliance to certain standards which are promulgated by standard bodies, which is termed as “Defined Standards.” Defined Standards shall mean any software function which is incorporated in the Services offered by Ittiam and which is required to be implemented to comply with any published and industry recognized Standard(s), such as for example, Standards/Recommendations of MPEG, IEEE, ISO, ATM Forum, Frame Relay Forum, DivX, Dolby, Microsoft, HEVC etc. You acknowledge that it is your sole responsibility to determine which rights are necessary and who has proper authority to provide such rights and license the same from the concerned authority by paying the applicable license fee/royalties, before using any of the Services/results/output of the Services. You hereby agree to indemnify Ittiam against any intellectual property claims that may arise as a result of your activity from your account. Ittiam shall not be liable either directly or indirectly to any intellectual property claims which may arise due to usage of our Services by you. Ittiam may at its own discretion remove / delete any infringing content. Further Ittiam shall not be obligated to suspend or remove any content upon receipt of any sort of requests made by any third party or by you. Further you hereby agree to obey and respect your regional laws while using the Services and you shall not use the Services for any unlawful or illegal activity within your region / country.

You are solely responsible for maintaining and protecting all of Your Content through your account whether authorized by you or not. Ittiam will not be liable for any loss or corruption of Content or for any costs or expenses associated with backing up or restoring any of Your Content. You agree to comply with all the applicable laws of the land, while using the Services.

You are requested to update your contact information or other information related to your account information or any change in the same, you are solely responsible for giving accurate information.

License & Intellectual Property Rights
In order to operate the Services, Ittiam needs the right to make certain uses of your publicly posted Content. Therefore, when you post Your Content on the Services, you agree to grant Ittiam a worldwide, royalty-free, non-exclusive, sub-licensable right and license to use, copy, verify and modify Your Content on the Services and on Services affiliated with the Services regardless of the form of media used or of whether such Services now exist or are developed in the future. By posting Your Content to the Services, you hereby represent and warrant that you have the right to post Your Content and to grant the foregoing rights to Ittiam.

Ittiam reserves the right to remove any of Your Content from the Services, at its sole discretion. Ittiam respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who repeatedly infringe others' rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to Ittiam:
  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. description of where the material that you claim is infringing is located on the site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.


The aforesaid notice of claims of copyright or other intellectual property infringement can be notified to Ittiam on the below address:

By mail:
Ittiam Media Labs Private Limited
Consulate 1, No.1 Richmond Road,
Bangalore – 560025, India.


By email:
support.farmott@ittiam.com


Payment of fees
You agree to accept the Services as per the Service Level Agreement provided in http://www.farmott.com/serviceLevelAgreement.html. Further, you also agree to make payment for the Services availed by you as per the payment terms mentioned in http://www.farmott.com/pricing.html. All the payments made by you towards the use of our Services will be processed through its partner’s secured payment gateway services, who are in strict compliance of the Payment Card Industry Data Security Standard as defined by the Payment Card Industry Security Standards Council. Ittiam does not store any Credit Card information, however its payment gateway partner may store certain payment information shared by you, which are required to provide the Services. You agree that you will be sharing the Credit Card information and other payment information solely at your risk and Ittiam will not be responsible for any misuse of the same. Further, Ittiam is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by you that are deceptive, fraudulent or otherwise invalid ("Fraudulent Actions"). By using the Services, you hereby release Ittiam from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify Ittiam of any Fraudulent Actions which may affect the Services. Ittiam reserves the right, in its sole discretion, to terminate your account if you engage in, or enable any other user or third party to engage in, Fraudulent Actions.

Account Security
You agree to provide true, accurate, current and complete information about yourself as prompted by the Services registration process (such information being the "Registration Data"). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter correct or updated Registration Data via the Services, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize us to verify your Registration Data as required for your use of and access to the Services. Once you subscribe to the Services, you shall receive a unique user ID and password in connection with your account (collectively referred to herein as “IDs”). You agree that you will not allow another person to use your IDs to access and use the Services under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so. Ittiam will not be liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to access and use the Services using your IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the Services. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Services cannot be guaranteed.

Privacy
We view protection of your privacy as a very important principle. We understand clearly that You and Your personal information is one of our most important assets. Our current Privacy Policy is available at http://www.farmott.com/privacyPolicy.html. If you object to your information being transferred or used in this way please do not use our Website or Services.

Links to Third Party Websites:
The Services may contain links to websites operated by other parties. The linked sites are not under the control of Ittiam, and Ittiam is not responsible for the content available on any other Internet sites linked to the Services. Such links do not imply Ittiam’s endorsement of material on any other site, and Ittiam disclaims all liability with regard to your access to such linked websites. Ittiam provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to the Services is at your own risk.

Ittiam Property
While availing Services you will come across copyrighted material, trademarks, service marks and other proprietary information, which may include without limitation text, video, software programs and any data (collectively "Proprietary Material"). You agree not to copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material, except as expressly permitted herein, and/or solely for your personal, non-commercial use. Except as expressly set forth in this Terms of Use, you shall not authorize, encourage or allow the Proprietary Material obtained by you to be reproduced, modified, derivated, displayed, performed, transferred, distributed or otherwise used by anyone else. You agree to advise Ittiam promptly if you become aware of any such unauthorized use. Any and all goodwill accruing from the use of trade names, trademarks and service marks (collectively “Marks”) hereunder, shall accrue solely to the respective owners of such Marks. All rights not expressly granted to you in this Terms of Use are reserved by Ittiam and its licensors.

Disclaimer of Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES PROVIDED ARE ON “AS IS” AND “AS AVAILABLE” BASIS AND YOU SHALL USE THE SERVICES AT YOUR OWN RISK. ITTIAM ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER. ITTIAM WILL HAVE NO RESPONSIBILITY FOR ANY HARM TO YOUR COMPUTER SYSTEM OR ANY DEVICES FOR ANY LOSS OR CORRUPTION OF DATA OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.

ITTIAM MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (IV) THAT THE SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND THAT IN USING THE SERVICES, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD PARTY INFRASTRUCTURES WHICH ARE NOT UNDER ITTIAM’S CONTROL (SUCH AS A THIRD PARTY PAYMENT GATEWAYS, SERVERS ETC). ITTIAM MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD PARTY INFRASTRUCTURES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM/ANY DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ITTIAM OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF USE.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ITTIAM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ITTIAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (v) ANY OTHER MATTER RELATING TO THE SERVICES. CONSEQUENTIAL DAMAGES SHALL INCLUDE, WITHOUT LIMITATION, LOSS OF USE, INCOME OR PROFIT, OR LOSS SUSTAINED AS THE RESULT OF DEATH / INJURY TO ANY PERSON, OR LOSS OR DAMAGE TO ANY PROPERTY, OR LOSS OR DAMAGES SUSTAINED AS THE RESULT OF WORK STOPPAGE OR STOPPAGE OF SERVICES, IRRESPECTIVE OF WHETHER ITTIAM HAD AN ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NOTWITHSTANDING ANYTHING CONTAINED IN THIS TERMS OF USE, IN NO EVENT SHALL ITTIAM'S AGGREGATE LIABILITY TO YOU OR ANY PERSON CLAIMING UNDER YOU, DUE TO THE USAGE OF OUR SERVICES, EXCEED AN AMOUNT OF USD TEN DOLLARS ($10.00). YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ITTIAM AND YOU. ITTIAM WOULD NOT BE ABLE TO PROVIDE THE SERVICES WITHOUT SUCH LIMITATIONS. IF YOU DO NOT AGREE FOR THE ABOVE, PLEASE DO NOT ACCEPT THE SERVICES.

IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

Termination
Ittiam reserves the right to terminate the Services with or without cause and with or without notice to you solely at its discretion, at any time if you fail to adhere to or upon non-compliance of this Terms of Use.

Miscellaneous
These Terms of Use and Services will be governed by laws of Republic of India except for its conflicts of laws principles. All claims arising out of or relating to these Terms of Use or the Services must be irrevocably submitted to the jurisdiction of the courts situated in Bangalore, India. Both parties hereby irrevocably consent to submit themselves to the exclusive jurisdiction of the aforesaid courts and hereby waive all their rights with regard to the jurisdiction of the courts. These Terms of Use constitute the entire and exclusive agreement between you and Ittiam with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the services. These terms create no third party beneficiary rights. Ittiam’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Terms of Use will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these terms, and any such attempt is void, but Ittiam may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the services. Ittiam and you are not legal partners or agents; instead, our relationship is that of independent contractors.

Grievance officer
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr. Mukund Srinivasan
Ittiam Media Labs Private Limited
Consulate 1, No.1 Richmond Road,
Bangalore – 560025, India.
Phone: +91- 080- 66601000
Email: grievance.officer@ittiam.com
Time: Mon – Fri (9:00 – 17:00 hrs IST)