Welcome to the
Terms of Use for Kullu.
These
terms are between you and the entity providing the Kullu service to you,
Your Kullu service provider may change from time to time, with or without prior notice (unless required by applicable law). If you are located in the UK, European Union or Brazil, the Privacy Notice, the Cookies Notice and the Interest-Based Ads Notice are not part of your Agreement. The versions of these policies and notices applicable to you are available for your review to understand how we handle your personal information. Each time you visit, browse, or use the Kullu service, you accept this Agreement on behalf of yourself and all members of your household and others who use the Service under your account.
1. THE SERVICE
Kullu (the "Service") is a
personalized service that offers, recommends and helps you discover digital
movies, television shows and other video content (collectively, "Digital
Content") and other services as provided in this Agreement. If you are
under 18 years of age, or the age of majority in your location, you may use the
Service only with involvement of a parent or guardian. We personalize content
and features as part of the Services, including showing you recommendations on
Digital Content, features and services that might be of interest to you. We
also endeavor to continuously improve the kullu devices and services and your
experience with them.
2. COMPATIBLE DEVICES
In order to stream or download Digital Content,
you will need to use a device that meets the system and compatibility
requirements that we establish from time to time (a "Compatible
Device"). Some Compatible Devices may be used only to stream Digital
Content, some may be used only to download Digital Content, and some may be
used to stream and download Digital Content. We may change the requirements for
Compatible Devices from time to time and, in some cases, whether a device is
(or remains) a Compatible Device may depend on software or systems provided or
maintained by the device manufacturer or other third parties. Accordingly,
devices that are Compatible Devices at one time may cease to be Compatible
Devices in the future. The Kullu entity that provides you the Kullu mobile
app may
be different than the Kullu entity that provides you the Service.
3. GEOGRAPHIC
VARIABILITY
Due to technical and other restrictions imposed
by content providers, the Service is available only in certain locations. The
Digital Content (including subtitled and dubbed audio versions of Digital
Content) and how we offer Digital Content to you will vary over time and by
location. Kullu will use technologies to verify your geographic location. You
may not use any technology or technique to obscure or disguise your location.
4. DIGITAL CONTENT
a. General. The Service may allow you to : (i) access Digital Content on
a subscription basis for viewing during a limited period of time during a
subscription period (for example, through Kullu or other subscription or
standalone video subscription offering) ("Subscription Digital
Content"), (ii) rent Digital Content for on-demand viewing over a limited
period of time which is 3 days ("Rental Digital Content"), (iii)
purchase Digital Content for on-demand viewing over an indefinite period of
time ("Purchased Digital Content"), (iv) purchase Digital Content for
pay-per-view viewing over a limited period of time ("PPV Digital
Content"), and/or (v) access Digital Content on a free, ad-supported or
promotional basis for viewing over a limited period of time ("Free Digital
Content"). Digital Content may be available as Subscription Digital
Content, Rental Digital Content, Purchased Digital Content, PPV Digital
Content, Free Digital Content, or any combination of those, and in each case is
subject to the limited license grant below.
b. Usage Rules. The Usage Rules provide important
information, including the time period during which you are authorized to view
different types of Digital Content (the "Viewing Period") and
limitations on the number and type of Compatible Devices on which each type of
Digital Content may be downloaded, streamed, and viewed.
c. Subscriptions/Memberships. Offers
and pricing for subscriptions (also referred to at times as memberships), the
subscription services, the extent of available Subscription Digital Content,
and the specific titles available through subscription services, may change
over time and by location without notice (except as may be required by
applicable law). Unless otherwise indicated, any price changes are effective as
of the beginning of the next subscription period. If you do not agree to a
subscription change, you may cancel your subscription per Section 4(d) below.
The pricing for subscriptions or memberships may include VAT and/or other
taxes. Where applicable, such taxes will be collected by the party with whom
you transact for the service, which may be Kullu or a third party. We make no
guarantee as to the availability of specific Subscription Digital Content or
the minimum amount of Subscription Digital Content available in any
subscription.
d. Cancellation of
Subscriptions/Memberships. If you signed-up for your video-only subscription or
membership directly through us, you may cancel any time by visiting Your
Account and adjusting your membership settings, by contacting Kullu customer
service, If you cancel within 3 business days of signing up for, or converting
from a free trial to, a paid membership (or, for customers in the UK and
European Union, within 14 days of receiving confirmation of your subscription
or membership service), we will refund your full membership fee; except that we
may charge you (or withhold from your refund) the value of the Service used
through your account during such period. You also expressly accept that the
Service will start within your cancellation period. If you cancel at any other
time, we will refund your full membership fee only if Digital Content available
as part of your video-only membership has not been accessed through your
account since your latest membership charge. If you are accessing the Service
as part of a kullu membership, the cancellation and refund terms that apply to
you are set forth in the Prime Terms of Use of your Video Marketplace
. If you are accessing the Service as part of an Kullu subscription or
membership that you transact for through a third party, the cancellation and
refund terms that apply to you may differ and are as set forth by such third
party, and you may need to contact such third party to cancel your subscription
or receive any refund under its applicable policies.
e. Purchase and
Rental Transactions; Cancellations. Except as described in this paragraph, all transactions
for Purchased Digital Content, Rental Digital Content and PPV Digital Content
are final, and we do not accept returns of such Digital Content. You may cancel
an order for Purchased Digital Content or Rental Digital Content within 48
hours of purchase or rental (or, for customers in the UK and European Union,
within 14 days from the date of purchase or rental) by clicking "Cancel
Your Order" from Your Digital Orders or by contacting Kullu customer
service; except that you may not cancel an order for Purchased Digital Content or
Rental Digital Content once you have started watching or downloading such
Digital Content. You may cancel a pre-order for Purchased Digital Content or
Rental Digital Content any time before its release date. You may cancel an
order for PPV Digital Content any time before the scheduled start of the
program. The release date of pre-ordered Digital Content is subject to change.
f. Payment Methods. If you sign up for your video-only
subscription or membership through us and are billed by us, then the billing
terms described below will apply to your subscription or membership.
g. Promotional Trials. We sometimes offer eligible customers
various trial or other promotional memberships, which are subject to this
Agreement except as otherwise stated in the promotional offers. We reserve the
right, in our sole discretion, to determine your eligibility. Trial members may
at any time (through Your Account) choose not to continue to paid membership at
the end of the trial period.
h. Limited License
to Digital Content. Subject to payment of
any charges to rent, purchase, or access Digital Content, and your compliance
with all terms of this Agreement, Kullu grants you a non-exclusive,
non-transferable, non-sublicensable, limited license, during the applicable
Viewing Period, to access and view the Digital Content in accordance with the
Usage Rules, for personal, non-commercial, private use. We may automatically
remove Digital Content from your Compatible Device after the end of its Viewing
Period.
i.
Availability of Purchased Digital Content. Purchased Digital Content will generally continue to be available
to you for download or streaming from the Service, as applicable, but may
become unavailable due to potential content provider licensing restrictions or
for other reasons, and Kullu will not be liable to you if Purchased Digital
Content becomes unavailable for further download or streaming.
j. Playback
Quality; Streaming. The playback resolution
and quality of the Digital Content you receive will depend on a number of
factors, including the type of Compatible Device on which you are accessing the
Digital Content and your bandwidth, which may increase or decrease over the
course of your viewing. If we detect that Digital Content
we are streaming to you may be interrupted or may otherwise not play properly
due to bandwidth constraints or other factors, we may decrease the resolution
and file size of the streamed Digital Content in an effort to provide an
uninterrupted viewing experience. While we strive to provide you a high quality viewing experience, we make no guarantee as to
the resolution or quality of the Digital Content you will receive when
streaming, even if you have paid extra for access to high definition,
ultra-high definition, or high-dynamic-range content.
k. General
Restrictions. You may not (i) transfer, copy or display
the Digital Content, except as permitted in this Agreement; (ii) sell, rent,
lease, distribute, or broadcast any right to the Digital Content; (iii) remove
any proprietary notices or labels on the Digital Content; (iv) attempt to
disable, bypass, modify, defeat, or otherwise circumvent any digital rights
management or other content protection system used as part of the Service; or
(v) use the Service or Digital Content for any commercial or illegal purpose.
l. Audience
Measurement. For US customers only, certain third
parties, such as advertisers and content owners, are interested in
understanding how their content is performing on Kullu. While viewing certain
Channels and Sports and Live content, Kullu may provide information about your
viewing behavior to third parties for purposes of audience measurement and
market research.
a. Use of
the Software. We may make available software for your use
in connection with the Service ("Software").
b. Information
Provided to Kullu and Video Content Providers. The Service and Software may provide kullu with information
relating to your use and the performance of the Service and Software, as well
as information regarding the devices on which you download and use the Service
and Software. For example, the Software may provide Kullu with information
related to the Digital Content that you download and stream and your use of
that Digital Content (such as whether and when you viewed the Digital Content,
which may, among other things, help us measure the Viewing Period for Rental
Digital Content). Any information we receive is subject to the Kullu Privacy
Notice of your Video Marketplace. We may provide certain information regarding
your subscription status and use of Digital Content, including viewing history,
to video content providers, such as third parties offering subscription
services through Prime Video Channels. We will provide this information in a
manner that is not identifiable to you (unless you authorize sharing
identifiable information with a specific video content provider).
a.
Termination. We may terminate your access to the
Service, including any subscription available as part of the Service, at our
discretion without notice (except as may be required by applicable law). If we
do so, we will give you a pro-rated refund of your subscription fee (if any);
however, if you violate any of the terms of this Agreement, your rights under
this Agreement will automatically terminate without notice, and Kullu may, in
its discretion, immediately revoke your access to the Service and to Digital
Content without refund of any fees. In such event, you must delete all copies
of Digital Content that you have downloaded.
b. Explicit
Content. By using the Service, we assure you that
you will not encounter content that has communications that is false,
defamatory, libelous, hateful, threatening, harassing, racially or ethnically
offensive, pornographic, obscene, or encourages anything that would be
considered a criminal offense, give rise to civil liability, violate or
infringe any third party rights or any law or regulation, including but not
limited to laws or regulations relating to intellectual property rights, or
harm or threaten the safety of any person.
c. Communications. We may send you promotions or otherwise communicate with you
electronically, which may include e-mail, push notification, or posts to your
Kullu Message Center, and you hereby consent to receive those communications
(unless you are a customer in the UK, European Union, Turkey or Brazil, in
which case you separately decide whether or not you wish to receive these
communications). These communications will be in accordance with the Kullu
Privacy Notice of your Video Marketplace. To stop receiving marketing
communications from Kullu, Disable the notification for kull from your phone
Notification Setting.
d.
Modification of Service. Kullu
reserves the right to modify, suspend, or discontinue the Service, or any part
of the Service, at any time and without notice (except as required by
applicable law), and Kullu will not be liable to you should it exercise such
rights, even if your ability to use Digital Content is impacted by the change.
e.
Amendments. Kullu reserves the right to make changes to
this Agreement at any time by posting the revised terms in connection with the
Service or on your Video Marketplace. To the maximum extent permitted by law,
your continued use of the Service or Software following any changes will constitute
your acceptance of such changes. However, any increase in subscription fee will
not apply until your subscription is renewed.
f.
Reservation of Rights; Waiver. The Service, Software and the Digital Content
embody intellectual property that is protected by law. Copyright owners of
Digital Content are intended third-party beneficiaries under the Agreement. Our
failure to insist upon or enforce your strict compliance with the Agreement
will not constitute a waiver of any of our rights.
g. Disputes/Conditions
of Use. Any dispute or claim arising from or relating to this Agreement or the
Service is subject to the governing law, disclaimer of warranties and
limitation of liability, dispute resolution and class action waiver (if
applicable), and all other terms in the Kullu Conditions of Use of your Video Marketplace . You agree to those terms on behalf of
yourself and all members of your household and others who use the Service under
your account by using the Service. YOU MAY ALSO BE ENTITLED TO CERTAIN CONSUMER
PROTECTION RIGHTS UNDER THE LAWS OF YOUR LOCAL JURISDICTION.
h. Limitation of
Liability. Without limiting the disclaimer of
warranties and limitation of liability in the Kullu Conditions of Use of your
Video Marketplace:Â Â Â Â (i) in no
ent
shall our or our software licensors' total liability to you for all damages
arising out of or related to your use or inability to use the Software exceed
the amount of fifty dollars ($50.00); and (ii) in no event shall our or our
Digital Content providers' total liability to you for all damages arising from
your use of the Service, the Digital Content, or information, materials or
products included on or otherwise made available to you through the Service,
exceed the amount you paid to us over the past 12 months to purchase, rent, or
view the Digital Content related to your claim for damages. The limitations in
this section will apply to you even if the remedies fail of their essential
purpose.
CERTAIN JURISDICTIONS,
INCLUDING JURISDICTIONS IN THE EUROPEAN UNION, DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN
TYPES OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
i. Contact
Information. For communications concerning this
Agreement, please write to Kullu at the applicable notice address Below.
Service Provider and Contact Information:
KULLU DS LTD
MUNONYO, WAVAMUNO ROAD
104370 KAMPALA GPO
KAMPALA, UGANDA
j.
Severability. 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.