IMPORTANT NOTICE:

ARBIN SIGLO XXI is designed to be used with users’ own created content or created playlists with legal content.

ARBIN SIGLO XXI does not endorse the streaming of copyright protected material without permission of the copyright holder. We Expeditiously Act on Any Copyright Complaint And May Suspend Or Terminate Your Account.

ARBIN SIGLO XXI does not provide any content or playlists. ARBIN SIGLO XXI can play extensions such as 3g2, 3gp, 3gp2, 3gpp, amv, asf, avi, divx, drc, dv, f4v, flv, gvi, gxf, webm, wm, wmv, wtv, xesc, m1v, m2v, m2t, m2ts, m4v, mkv, mov, mp2, mp2v, mp4, mp4v, mpe, mpeg, mpeg1, mpeg2, mpeg4, mpg, mpv2, rec, rm, rmvb, tod, ts, tts, vob, vro, Live stream support.

INTRODUCTION

By signing up or otherwise using the ARBIN SIGLO XXI mobile application, websites and user interfaces, (collectively, “ARBIN SIGLO XXI“ Application) that is made available through our Website, Play Store, App Store or otherwise available to you, you understand and agree you have entered into a binding contract with ARBIN SIGLO XXI.

Your agreement with us includes these Terms and any additional terms that you agree to, as discussed in the Entire Agreement section below, other than terms with any third parties (collectively, the “Agreements”). The Agreements include terms regarding future changes to the Agreements, privacy policy, copyright infringement complaint process, disclaimers on the mobile applications, limitations of liability, privacy, waiver of class actions, and resolution of disputes by arbitration instead of in court(s).

You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you must not access and/or use ARBIN SIGLO XXI.

In order to use the ARBIN SIGLO XXI and access any Content, you need to (1) be 18 years or older, or be 13 years or older and have your parent or guardian’s consent to the Agreements, and (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable or governing laws. You also promise that any registration information that you submit to ARBIN SIGLO XXI is true, accurate, and complete, and you would notify ARBIN SIGLO XXI in case of a change in any information so provided.

CHANGES TO THE AGREEMENTS

Occasionally we may make changes to the Agreements. When we make material changes to the Agreements, we may provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Application or by sending you an email. In some cases, we will notify you in advance, and your continued use of the ARBIN SIGLO XXI after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully.

If you do not wish to continue using our Application under the new version of the Agreements, you may terminate your account by contacting us.

ARBIN SIGLO XXI MOBILE APPLICATION

BASIC VERSION

ARBIN SIGLO XXI is available for free and you can only watch your own content i.e. photos, videos and streams without any costs. It is important to note that we do not provide any content whatsoever.

PREMIUM VERSION 

You may purchase our Premium version of ARBIN SIGLO XXI by paying a fee in advance on a monthly basis or some other recurring interval basis disclosed to you prior to your purchase/subscription of Premium version of ARBIN SIGLO XXI. We may change the price for the Premium version from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Subject to applicable law, you accept the new price by continuing to use the ARBIN SIGLO XXI after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.

By purchasing or subscribing to the premium version of the ARBIN SIGLO XXI, you will be having the privilege to unlock, access and use following features in addition to the features included in the Basic Version:

         1.     Whole Search

         2.     Ability to add External EPG Sources

         3.     Picture-In-Picute Feature

         4.     Parental Control

         5.     Chrome Casting feature

         6.     and other features included in the Basic Version.

RENEWAL: CANCELLATION OF PREMIUM VERSION

You hereby understand and agree that your subscription and payment to ARBIN SIGLO XXI for the Premium Version will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period by going to the account section within in the mobile application and cancelling the subscription to the Premium version. The cancellation will take effect the day after the last day of the current subscription period. In consonance with industry standards, we do not provide refunds or credits for any partial subscription periods.

INTELLECTUAL PROPERTY RIGHTS

All ARBIN SIGLO XXI’s trademarks, trade names, logos, domain names, and any other features of the ARBIN SIGLO XXI brand (“ARBIN SIGLO XXI LLC”) are the sole property of ARBIN SIGLO XXI or its licensors.

4.1 COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

1.     The User acknowledges and agrees that ARBIN SIGLO XXI is the sole owner of all copyrights and intellectual property rights regarding ARBIN SIGLO XXI worldwide, regardless of whether or not said copyrights and intellectual property rights are registered in any given region.

2.     Any copyrights and intellectual property rights for content related to Services that are not created by ARBIN SIGLO XXI and/or are offered/provided by other companies or parties are the property of their respective owners.

3.     The User guarantees that he or she has the requisite copyrights or permission to the content they wish to play using the ARBIN SIGLO XXI mobile application.

4.     The User agrees not to modify, rent, lend, sell, or otherwise alter or distribute any content, nor create any derivative works based on said content, unless they have been explicitly authorized in writing by the respective copyright owner to do so.

5.     The User acknowledges that he or she is solely responsible for protecting and enforcing his or her copyrights for content displayed or viewed through the use of Application, and agrees that ARBIN SIGLO XXI has no obligation or responsibility to protect these rights on behalf of the User.

6.     Except for the rights expressly granted to you in the Agreements, ARBIN SIGLO XXI grants no right, title, or interest to you in the ARBIN SIGLO XXI mobile application.

USER-GENERATED CONTENT

RIGHTS YOU GRANT US

1.     In consideration for the rights granted to you under the Agreements, you grant us the right to allow the ARBIN SIGLO XXI to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Application,

2.     .If you provide feedback, ideas or suggestions to ARBIN SIGLO XXI in connection with the ARBIN SIGLO XXI Application (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize ARBIN SIGLO XXI to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

3.     Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.

USER GUIDELINES

ARBIN SIGLO XXI respects all laws and agreements and intellectual property rights and expects you to do the same. You must follow these rules and should encourage other users to do the same.

The following is not permitted for any reason:

1.     Using the Application for doing anything that is illegal or which may be deemed illegal in the territory where you are using our Application.

2.     Using the Application for watching, streaming, broadcasting, publicly making available, performing, displaying to the public, recording, transferring, reproducing, copying, or redistributing content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) of ARBIN SIGLO XXI, any person or any entity.

3.     Transferring copies of cached third-party Content from an authorized Device to any other Device via any means;

4.     Reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the ARBIN SIGLO XXI Application or any part thereof except to the extent permitted by applicable law;

5.     Circumventing any technology used by ARBIN SIGLO XXI, its licensors, or any third party to protect the Application;

6.     Selling, renting, sublicensing or leasing of any part of the ARBIN SIGLO XXI Application;

7.     Circumventing any territorial restrictions applied by ARBIN SIGLO XXI or its licensors;

8.     Removing or altering any copyright, trademark, or other intellectual property notices contained on the Application or provided through the Application (including for the purpose of disguising or changing any indications of the ownership or source of any Content);

9.     Providing your password to any other person or using any other person’s username and password;

10.Selling a user account or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or the content included on an account or playlist; or

11.Artificially promoting Content by automated means or otherwise.

·        is offensive, abusive, defamatory, pornographic, threatening, or obscene;

·        

·        includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;

·        includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Application;

·        is intended to or does harass or bully other users;

·        impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;

·        involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;

·        involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by ARBIN SIGLO XXI;

·        links to, references, or otherwise promotes commercial products or services, except as expressly authorized by ARBIN SIGLO XXI;

·        interferes with or in any way disrupts the ARBIN SIGLO XXI Application, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the ARBIN SIGLO XXI Application, or any of ARBIN SIGLO XXI’s security components, authentication measures or any other protection measures applicable to the Application, or any part thereof; or

·        conflicts with the Agreements, as determined by ARBIN SIGLO XXI.

·        You acknowledge and agree that posting any User Content that violates these User guidelines (or that ARBIN SIGLO XXI reasonably believes violates these User guidelines) may result in immediate termination or suspension of your ARBIN SIGLO XXI account. You also agree that ARBIN SIGLO XXI may reclaim your username for any reason.

·         ARBIN SIGLO XXI has no responsibility for your choices to view/watch material on the Application or the content you watch on the ARBIN SIGLO XXI Application.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Application. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.

INFRINGEMENT AND REPORTING USER CONTENT

ARBIN SIGLO XXI respects the rights of intellectual property owners and acts expeditiously on any complaints relating to copyrights violations. In this regard a specific Copyright Infringement Redressal Policy has been set up which can be accessed here (www.streamingtechllc.com/copyright-complaint). If you believe that any Content infringes your intellectual property rights or other rights, please contact ARBIN SIGLO XXI and notify us through our legal partner, Prodigy Legal LLP, at info@prodigylegal.com . ARBIN SIGLO XXI may in its sole discretion suspend the account of such users from the Application, or take other steps that ARBIN SIGLO XXI deems appropriate, without prior notification to the user or other party who supplied or posted that Content. If such user or other party believes that the Content is not infringing, he or she may in certain circumstances submit a counter-notification to ARBIN SIGLO XXI with a request to restore their disabled account, which ARBIN SIGLO XXI may or may not honour, in ARBIN SIGLO XXI sole discretion. For Copyright complaints, please use our copyright complaint policy at www.streamingtechllc.com/copyright-complaint.

ARBIN SIGLO XXI does not store any content accessed by the Users or keep cached files, or has any interaction with the content so posted by the Users. Therefore, the only remedy in cases of a copyright violation for ARBIN SIGLO XXI is the removal of account that accessed such copyrighted content or a warning towards removal of such account whatever ARBIN SIGLO XXI deem fit.

SERVICE LIMITATIONS AND MODIFICATIONS

ARBIN SIGLO XXI will make reasonable efforts to keep the ARBIN SIGLO XXI Application operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. ARBIN SIGLO XXI reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the ARBIN SIGLO XXI Application, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the ARBIN SIGLO XXI Application or any function or feature thereof.

1.     The Company does not guarantee that the data and other information provided through the Software are accurate or will be in compliance with applicable copyright laws, except for data and information that are directly created or prepared by the Company.

2.     The Company is not responsible for any losses or damage incurred to the user due to the installation, use or non-use of the Software except where such losses or damages are caused by the willful misconduct or gross negligence of the Company.

3.     The Company is not responsible for any loss of actual or anticipated profits of the user from their use of the Software.

4.     The Company is not responsible for, and will not be obligated to be involved in, any disputes that arise between users and between a user and a third party in connection with their use of the ARBIN SIGLO XXI Application.

CUSTOMER SUPPORT

For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our Customer Service department using form available on the Contact Us page on our website. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.

EXPORT CONTROL

ARBIN SIGLO XXI Application may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions.

TERM AND TERMINATION

Sections 7, 8, 9, 11, 15, 16, 17, 18, 19, 20, 21, 22, and 23 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.

WARRANTY DISCLAIMER

THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

LIMITATION AND TIME FOR FILING

1.     The Company does not guarantee that the data and other information provided through the Application are accurate or will be in compliance with applicable copyright laws, except for data and information that are directly created or prepared by the Company.

2.     The Company is not responsible for any losses or damage incurred to the user due to the installation, use or non-use of the Software except where such losses or damages are caused by the willful misconduct or gross negligence of the Company.

3.     The Company is not responsible for any loss of actual or anticipated profits of the user from their use of the Application.

4.     The Company is not responsible for, and will not be obligated to be involved in, any disputes that arise between users and between a user and a third party in connection with their use of the Application.

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE ARBIN SIGLO XXI APPLICATION IS TO UNINSTALL THE ARBIN SIGLO XXI APPLICATION AND TO STOP USING THE ARBIN SIGLO XXI APPLICATION. YOU AGREE THAT ARBIN SIGLO XXI HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE OR YOU ACCESS THROUGH OR IN CONNECTION WITH THE ARBIN SIGLO XXI APPLICATION, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO ARBIN SIGLO XXI, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

YOU AGREE THAT ANY CLAIM AGAINST ARBIN SIGLO XXI MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION UNDER SECTION (22.2) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.

THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THIRD PARTY RIGHTS

You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and ARBIN SIGLO XXI, and in no event shall the Agreements create any third-party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.

ENTIRE AGREEMENT

Other than as stated in this section or as explicitly agreed upon in writing between you and ARBIN SIGLO XXI, the Agreements constitute all the terms and conditions agreed upon between you and ARBIN SIGLO XXI and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

SEVERABILITY, WAIVER AND INTERPRETATION

1.     Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

2.     Any failure by ARBIN SIGLO XXI or any third-party beneficiary to enforce the Agreements or any provision thereof shall not waive ARBIN SIGLO XXI or the applicable third-party beneficiary’s right to do so.

3.     As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”

ASSIGNMENT

ARBIN SIGLO XXI may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and ARBIN SIGLO XXI may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.

INDEMNIFICATION

You agree to indemnify and hold ARBIN SIGLO XXI harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the ARBIN SIGLO XXI Application; and (4) your violation of any law or the rights of a third party.

GOVERNING LAW / JURISDICTION

The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of India, without regard to the choice or conflicts of law principles. The Arbitration Agreement as explained in paragraph 22 applies to all users.

DISPUTE RESOLUTION AND ARBITRATION

You and ARBIN SIGLO XXI agree that any dispute, claim, or controversy between you and ARBIN SIGLO XXI arising in connection with or relating in any way to these Agreements or to your relationship with ARBIN SIGLO XXI as a user of Application (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual (not class) arbitration. You and ARBIN SIGLO XXI further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.

NO CLASS OR REPRESENTATIVE PROCEEDINGS: CLASS ACTION WAIVER

YOU AND ARBIN SIGLO XXI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and ARBIN SIGLO XXI agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

ARBITRATION RULES

1.     The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

2.     The parties to this agreement will submit all disputes arising under this agreement to arbitration in Chandigarh, before a single arbitrator.

3.     All disputes arising out of or in connection with the present contract shall be submitted to the International Court of Arbitration of the International Chamber of Commerce and shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.

4.     No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. Nothing contained herein shall prevent the party from obtaining an injunction.

NOTICE: PROCESS

A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”).

ARBIN SIGLO XXI’s address for Notice is: info@streamingtechllc.com . The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or ARBIN SIGLO XXI may commence an arbitration proceeding.
During the arbitration, the amount of any settlement offer made by you or ARBIN SIGLO XXI shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.