Terms of use

  1. General

Welcome to the Suryan FM Radio (“Website”). The Website is owned and operated by Sun TV Network Limited, whose registered office is located at Murasoli Maran Towers, 73, MRC Nagar Main Road, MRC Nagar, Chennai 600 028.

For the purpose of these terms of use (“Terms of Use”), “We”, “Us”, “Our” and “STNL” means Sun TV Network Limited and “You”, “Your” or “User” means any person who accesses or uses the Website or Our Services.

This Terms of Use is a legal and binding agreement between You and STNL and governs Your use of, and access to, the Website, its Content (defined below) and Our Services (defined below). This document is made in pursuance of the Information Technology Act, 2000 and associated rules and is an electronic record generated by a computer system. It does not require any physical or digital signature for the purpose of acceptance.

By accessing or using the Website, You agree to be bound by these Terms of Use and Our other policies made available on the Website, including but not limited to the Privacy Policy and the Cookie Policy (“Policies”). Please read the Terms of Use and Our other  Policies before doing so. If You do not agree either to these Terms of Use or any of Our Policies, please do not use or access the Website.

Your acceptance of these Terms of Use implies that You have the capacity to enter into a legally binding contract as per applicable law of the jurisdiction in which You are accessing the Website.

Please review these Terms of Use from time to time. We reserve the right to amend and/or modify all or any of the Terms of Use at Our sole discretion without notice. These amendments and/or modifications shall become effective immediately upon being published on the Website. Your continued use of the Website and the Services following any such amendment and/or modification indicates Your acceptance of the same.

  1. Our Services

 

The Website is an entertainment website whose primary aim is to disseminate, publish and promote, inter alia, (i) news, opinions,  and other information pertaining to the Tamil film industry (“Industry”); (ii) other entertainment content like parodies, satire, mash-ups; (iii) articles, photographs and information about latest trends in the Industry; (iv) cinematographic films, trailers and music and any other sound recordings; (v) stories pertaining to current affairs, sports, civic issues, other trending and interesting topics; (vi) content pertaining to historically rich places and well-known people; (vii) interviews by celebrities; (viii) opinion polls; (ix) interesting tweets and Facebook posts of celebrities and other well-known people; (x) schedules of programmes on Suryan FM radio channels (collectively referred to as “Content”).

Our Services on the Website allow You to:

  • Browse, search, access, and/or stream the Content;
  • share Your reviews and comments on the Content on the Website as well as third party social media platforms;
  • share links to Our Content on third party social media platforms;
  • participate in contests and polls; and
  • contact the Suryan FM Radio Channel on its Whatsapp number;

(collectively, referred to as “Services”).

Our Services are only available through certain compatible web browsers (“Compatible Browsers”). You acknowledge that these Compatible Browsers may be maintained and controlled by third party providers and therefore, web browsers that qualify at present as Compatible Browsers may cease to be Compatible Browsers in the future. Should Your web browser cease to be compatible, You agree that it is Your sole responsibility to procure a Compatible Browser to be able to continue using Our Services and We carry no liability for the same. Your use of third party Compatible Broswers are governed by the terms and conditions of such third parties.

By agreeing to use Our Services:

  • You agree that You are eighteen (18) years of age or above, or the age of majority in the jurisdiction from where You are accessing the Website. Minors may use the Services only under the supervision of an adult. You agree that You are solely responsible for the acts and/or omissions of Your children/wards with respect to access to Our Website. Any breach of these Terms of Use by Your minor children/wards shall be considered as a breach committed by You. You agree that certain Content offered on the Website may not be suitable for Users below the age of majority. You confirm that any such Content viewed by Your minor children/wards shall only be with Your prior consent. Parents/legal guardians are strictly advised to exercise discretion before permitting their minor children/wards to access the Website;

 

  • Our Services are designed to be compliant with the laws of India and are suitable for audience in India however, Our Services may be accessible in jurisdictions outside India. If You access Our Services from locations outside India, You agree and acknowledge that You do so at Your own risk and You are solely liable for compliance with applicable local laws. We strongly advise You to exercise viewer discretion and confirm the suitability of the Content in Your jurisdiction before You access such Content. STNL shall carry no liability for any loss or damage arising out of Your use of Our Services;

 

  • You agree that the availability of Our Services and/or Content and Your ability to access Our Website, Services and/or Content is subject to Our sole discretion. You acknowledge that Our Services may not be available at all times and certain Content is not available to all Users or in all jurisdictions;

 

  • You agree that the quality of the Website, Services and/or Content may vary depending on a variety of parameters such as Your location, bandwidth, device, Internet availability and speed, etc.;

 

  • You agree that Your use or access of certain features of the Website may require You to provide certain personal information which will be subject to Our privacy policy available at here;

 

  • You agree that STNL may, subject to the Privacy Policy, access, preserve, transfer and disclose Your personal information if required by law to cooperate with a government or law enforcement agency or to any private party by an order under law for the time being in force to: (a) enforce and comply with legal process and/or applicable law; or (b) enforce these Terms of Use; or (c) respond to Your customer service requests; or (d) protect the rights, property or personal safety of STNL, its affiliates, its users and the public;

 

  • You agree that We reserve the right to restrict Your access to Our Website and all Services if You have been or We have reasonable grounds to be believe that You have breached any of Our Policies, or been convicted of an offence which involves moral turpitude or any offence under the penal code of the jurisdiction from which You are accessing the Website.

 

  1. Scope of License

Subject to Your compliance with these Terms of Use and Our Policies, We grant You a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to access and use the Website, Services and Content for Your own personal and non-commercial use.

  1. Ownership and Restrictions

STNL or its licensors, own all right, title and interest in the intellectual property rights to the Website, underlying software, user interfaces, Services and Content, including the graphics, images, photographs, logos, trademarks, the appearance, organization and layout of the Website. You agree that by accessing the Website, no right, title or interest in the Website, software, user interfaces, Services or Content shall be deemed transferred to You.

Except as provided in these Terms of Use, You may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, redistribute, perform, display, sell, frame or deep-link, make available, sell, offer on commercial rental, create derivative works, translate, adapt or otherwise use the Website, Content and/or Services in a manner not expressly provided for under these Terms of Use.

You shall use the Website only for its intended purposes in a bona fide manner.

In addition to the restrictions provided above and in clause 1, You further agree to use the Website, Services and/or Content in a lawful manner and not to:

  • Use the Services for any purpose that is unlawful or prohibited by the Terms of Use;

 

  • Attempt to or gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the Services by hacking, password “mining” or any other illegitimate means;

 

  • Probe, scan or test the vulnerability of the Website or any network connected to the Website or Services or breach the security or authentication measures on the Website or any network connected to the Website;

 

  • Extract data from the Website;

 

  • Facilitate or encourage any violation of these Terms of Use or Our other Policies, including the Privacy Policy, as amended from time to time;

 

  • Make any statement(s) or comment(s) on the Website which is/are inaccurate, false, unfair or defamatory to Us or other users or which violates the legal right of others;

 

  • Harass or harm another person;

 

  • Exploit or endanger a minor;

 

  • Impersonate or attempt to impersonate any person or entity;

 

  • Violate any intellectual property right, trade secret, privacy, publicity or other proprietary right;

 

  • Introduce or engage in activity that involves the use of viruses, software disabling codes, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;

 

  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software, applications and/or any element comprising the Website, the application for accessing the Content, or the Services;

 

  • Copy, record, edit, modify any of the Content for any purpose;

 

  • Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Services, including STNL’s servers, networks or accounts;

 

  • Cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Services or the Content;

 

  • Delete or revise any information provided by or pertaining to any other user of the Services;

 

  • Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Services;

 

  • Solicit, collect or request any personal information for commercial or unlawful purposes;

 

  • Post, upload or otherwise transmit or link to an image, video, audio or any information of another person without that person’s consent;

 

  • Post, upload or otherwise transmit or link to content that is threatening, abusive, excessively violent, invasive of another’s privacy, publicity or other rights;

 

  • Post, upload or otherwise transmit or link to content that is tortious, false or misleading or is defamatory, libelous, hateful or discriminatory;

 

  • Post, upload, host, display, publish, share or otherwise make available on the Website any content or information or User Materials that belongs to another person to which You do not have any right to, or contains any content which is not compliant with the Information Technology Act, 2000, rules, regulations, and guidelines made thereunder, including Rule 3 of The Information Technology (Intermediaries Guidelines) Rules, 2011, Terms of Use or Privacy Policy, as amended or re-enacted from time to time;

 

  • Engage in commercial activity using the Website and/or Content (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the Content; or building a business using the Content) without STNL’s prior written consent;

 

  • Use technology or other means to access, index, frame, or link to the Website (including the Content) that is not authorized by STNL;

 

  • Access the Website (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices but not caches or archives of the Website and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);

 

  • Use the Services to advertise or promote competing services;

 

  • Use the Services in a manner inconsistent with any and all applicable law;

 

  • Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing;

 

  • Use the Services for public display regardless of whether the public has paid for such display or not;

 

  • Broadcast or make available the Content to any third party; or

 

  • Use the Website and/or Services for any other purpose other than for personal viewing.

 

  1. User Material

You may be allowed to post Your opinions, reviews, ratings, recommendations, etc. (“User Material”) on the Website. In no event shall STNL be liable for any User Material posted on the Website. You own all rights, title and interest in the User Material. By submitting User Material on the Website, You grant STNL and authorized third parties a perpetual, world-wide, exclusive license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works, publicly perform and publish such User Material in whole or in part and at no cost. We may use the User Material either in isolation or in combination with other material for any purpose whatsoever, without compensation to the maker of the submission. In any event, such submissions are not and will not be treated as confidential and We shall not be liable for any disclosure of the submissions. Additionally, we will have the right to use any ideas, know-how and/or techniques contained in the User Material for any purpose. Upon posting, You will not require Us to attribute the User Material to You nor shall We require any additional permissions from You to use the User Material. You further agree and confirm that the provisions of Section 19(4) of the Indian Copyright Act, 1957 shall not apply to this license. STNL will have the right to monitor, remove and/or change any User Material without Your consent however, We will be under no obligation to do the same. We carry no liability for any User Material and You agree to waive any legal or equitable remedies You may have against Us with respect to the User Material. By posting User Material on the Website, You agree that the User Material (i) is original and non-infringing of any intellectual property right of any third party; (ii) is not defamatory, derogatory, abusive, malicious or hurtful to any person, entity, race, group, class, caste, religion, community etc.; (iii) is not seditious or pornographic or vulgar; (iv) is fair and non-disparaging; (v) does not contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or (vi) is not in violation of any applicable law.

Further, User Materials does not represent the views of STNL or any individual associated with STNL and STNL has no control over such User Materials. In no event shall You represent or suggest, directly or indirectly, STNL’s endorsement of User Materials.

STNL is under no obligation to review any User Material posted on the Website by You or any other user and assumes no responsibility or liability relating to any such User Material. STNL makes no warranties, express or implied, as to the User Materials posted or submitted by users or to the accuracy, completeness, safety, timelines, legality, quality and reliability of the User Materials posted or submitted by Users or any material or information that You transmit to other Users. Notwithstanding the foregoing, STNL may, from time to time, at its sole discretion, monitor and moderate the User Materials on the Website and may decline to accept and/or remove any User Material that violate any of the Policies  or applicable law.

  1. Fees and Charges

We reserve the right to charge fees in the future for the Services or any other services offered by Us. Any such changes will be communicated to You by modifying these Terms of Use. Your continuous usage of Our Service even after the introduction of the fees shall be treated as Your acceptance to pay Us the applicable fees.

 

  1. Indemnities

You agree to defend, indemnify and hold harmless STNL, its affiliates, directors, officers, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from (i) Your use of and access to the Website, Content and Services; or (ii) Your violation of any term  of these Terms of Use; or (iii) Your violation of any third party right, including without limitation any privacy, publicity or intellectual property right; (iv) Your breach of applicable law(s); or (v) User Material posted on the Website.

  1. Disclaimer of Warranties

YOU AGREE AND ACKNOWLEDGE THAT THE WEBSITE, CONTENT AND SERVICES ARE PROVIDED ‘AS-IS’ WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING THOSE OF TITLE, FITNESS FOR PURPOSE AND MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT THE FUNCTIONING OF THE WEBSITE IS NOT ERROR FREE, UNINTERRUPTED OR FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS. YOU FURTHER AGREE THAT STNL IS NOT UNDER ANY OBLIGATION TO SCREEN, CENSOR OR EDIT ANY PORTION OF THE CONTENT BEFORE PROVIDING ACCESS TO YOU.

YOU FURTHER AGREE AND ACKNOWLEDGE THAT THE CONTENT IS PROVIDED ‘AS-IS’ WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT, AND STNL SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY MANNER FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, OR (II) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF, OR RELIANCE ON ANY CONTENT MADE AVAILABLE ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT MADE AVAILABLE ON/THROUGH THE WEBSITE.

STNL IS NOT LIABLE FOR ANY INFRINGEMENT OF COPYRIGHT ARISING OUT OF MATERIALS POSTED ON OR TRANSMITTED THROUGH THE WEBSITE, OR ITEMS ADVERTISED ON THE SITE, BY END USERS OR ANY OTHER THIRD PARTIES.

WE DO NOT WARRANT THAT THE WEBSITE  WILL BE CONSTANTLY AVAILABLE OR AVAILABLE AT ALL. WE SHALL HAVE NO LIABILITY TO YOU FOR ANY INTERRUPTION OR DELAY IN ACCESS TO THE WEBSITE, CONTENT OR SERVICES AVAILED THROUGH IT, IRRESPECTIVE OF THE CAUSE.

  1. Limitation of Liability

STNL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, SERVICES OR CONTENT. WHERE THE LAWS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY, IN SUCH JURISDICTIONS, STNL’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

  1. Third Party Content and Advertisements

The Website may include (i) hyperlinks to content posted by third parties on social media platforms; (ii) Content submitted by third parties including reviews, comments and ratings; (iii) Content incorporating third party generated content such as opinions, dialogues, etc.; (iv) Content based on content developed by third parties such as news articles, photographs, trailers of cinematographic films, music and any other sound recordings etc.; (v) hyperlinks to entertainment and other similar content available on third party websites and over-the-top platforms; (vi) hyperlinks to various external websites, and (vii) advertisements, and hyperlinks to applications, content or resources (“Third Party Content”). Further, Third Party Content may include targeted advertisements served by third parties who we may allow to publish such advertisements on the Website.

We have no control over such Third Party Content present on the Website, which are provided by persons or companies other than Us and shall not be liable or responsible for such Third Party Content in any manner. You acknowledge and agree that We are not responsible for any collection or disclosure of Your information by any external sites, applications, companies or persons thereof. The presence of any Third Party Content on Our Website, cannot be construed as a recommendation, endorsement or solicitation for the same, or any other material on or available via such Third Party Content.

You further acknowledge and agree that We are not liable for any loss or damage which may be incurred by You as a result of the collection and/or disclosure of Your information via Third Party Content, as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products services, or other materials on, or available via such Third Party Content. This will include all transactions, and information transmitted therein, between You and any such third party sites or applications or resources, such transactions are strictly bi-partite. We shall not be liable for any disputes arising from or in connection with such transactions between You and the aforementioned third parties.

Such third party websites, and external applications or resources, accessible via the Third Party Content may have their own terms and conditions governing the use of their websites and applications and separate privacy policies governing the collection, storage, retention and disclosure of Your information that You may be subject to. We recommend that You exercise reasonable diligence, as You would in traditional offline channels and practice judgment and common sense before committing to any transaction or exchange of information, including but not limited to reviewing the third party website or application’s privacy policy.

  1. Support

If You have any questions, complaints, grievances or claims with respect to Your use of the Website, Services and/or Content, please reach out to Our support help desk at contact@suryanfm.in

If You believe that any Content or User Material violates the Policies or applicable law, You may write to Us at contact@suryanfm.in. We have no obligation to delete any Content that you personally may find objectionable or offensive and will endeavor to respond promptly to requests for Content removal, consistent with Our Policies and applicable law.

 

  1. Miscellaneous

Force Majeure

We shall not be held liable whatsoever in the event of failure to deliver the Services under these Terms of Use or any portion thereof occasioned by an Act of God, war, disease, revolution, riot, civil commotion, strike out, terrorist attack, network maintenance, service maintenance, server maintenance or any other cause beyond Our reasonable control.

Survival

Obligations which by their nature would continue beyond termination or expiration of this Terms of Use will survive termination or expiration of this Terms of Use including but not limited to Your representations, undertakings and warranties under these Terms of Use and clauses relating to indemnity, disclaimer of warranties, limitation of license, grant of license in the User Material, governing law and jurisdiction.

Severability and Waiver

If any provision of this Terms of Use is unenforceable or invalid, void or unenforceable, then that provision shall be considered severable and the rest of the Terms of Use will continue if full force and effect. Any failure to exercise promptly any right under these Terms of Use shall not constitute a waiver of that right.

Entire Agreement

These Terms of Use and Policies constitute the entire agreement between You and STNL governing Your use of and access to the Website, Content and Services, superseding any prior agreements between the two parties.

Governing Law and Dispute Resolution

This Agreement will be governed by the laws of India as applicable between residents, without giving effect to its principles of conflict of laws (“Governing Law”). In the event of a dispute arising out of or relating to these Terms of Use, including any question regarding its existence, validity or termination, the parties shall, at the first instance try to resolve the dispute amicably by mutual discussions, and if the parties are unable to do so then, they may refer the dispute to, and finally resolve by, arbitration. In any arbitration commenced pursuant to this clause, (i) the number of arbitrators shall be one, solely appointed by STNL; (ii) language of arbitration proceedings shall be English, and (iii) the seat, or legal place, of arbitration shall be Chennai, India. The arbitration shall be confidential proceedings, closed to the general public. The arbitration shall be governed by and conducted in accordance with Arbitration and Conciliation Act, 1996. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek relief in a court of competent jurisdiction in Chennai, India without thereby waiving its right to arbitration of the dispute or controversy under this clause. Subject to the foregoing dispute resolution clause, both parties submit to exclusive jurisdiction of the courts at Chennai, India.

  1. Grievance Officer

In accordance with the Information Technology Act, 2000 and the rules made thereunder, the name and contact details of the Grievance Officer are provided below:

contact@suryanfm.in