Terms of use

Terms of Service

This is A Beta Version of The Site and its purely in testing period 

Dated: January 16, 2025

TERMS OF SERVICE

Welcome to MAX PLAY NOW!

Introduction

Thank you for using the Max Play Now products, services and features provided to you from the platform (collectively, the “Service”).  

Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.

Our Service

The Service allows you to discover, watch and share videos and other content, provides a forum for people to connect, inform, and inspire others across the globe, and acts as a distribution platform for original content creators and advertisers large and small. We provide lots of information about our products and how to use them in our Support Center. Among other things, you can find out about The Max Play Now Affiliate and Max Play Now Pro System (where available).You can also read all about enjoying content on other devices like your television, Android Apps and iOS Apps

Your Service Provider

The entity providing the Service is Max Play Digital Private Limited, a company Registered With ROC, India and having their registered office at A-402, Star Garden, Chhaprabhatha Variyaav Road, Variyav, Surat(Gujarat), India-394105  (referred to as “Max Play Now”, “Max Play Digital”, “we”, “us”, or “our”). References to Max Play Now’s “Affiliates” in these terms means the other companies within the Max Play Digital’s corporate groups (now or in the future).

Terms

Your use of the Service is subject to these terms, the Max Play Now General Social Guidelines and the Policy, Safety and Copyright Policies which may be updated from time to time (together, this "Agreement"). Your Agreement with us will also include the Advertising on Max Play Now Terms, if you provide advertising or sponsorships to the Service or cover paid promotions in your content. Any other links or references provided in these terms are for informational use only and are not part of the Agreement.

By accepting this Agreement, you affirm that you are 18 years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. In case you are below 18 years of age, the restrictions and requirements below apply.

Who may use the Service?

Age Requirements

You must be at least 13 years old to use the Service; however, children of all ages may use the Service if enabled by a parent or legal guardian.

Permission by Parent or Guardian

If you are considered a minor in your country, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.

If you are a parent or legal guardian of a minor in your country, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service. You can find tools and resources to help you manage your family’s experience on Max Play Now (including how to enable a child under the age of 13 to use the Service) in our Max Play Now General Social Guidelines

Businesses

If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

Your Use of the Service

Content on the Service

The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials (collectively, "Content”).

Content is the responsibility of the person or entity that provides it to the Service. Max Play Now is under no obligation to host or serve Content. If you see any Content you believe does not comply with this Agreement, including by violating the Max Play Now General Social Guidelines  or the law, you can report it to us.

Max Play Now Account

You cannot use any parts of the Service, such as browsing and searching for Content, without having a MAX PLAY NOW Account. However, you do need this account to use some features. With a Max Play NOW account, you may be able to view, like and comment on videos, subscribe to channels, create your own Max Play Now channel, and more. Creating a Max Play Now channel will give you access to additional features and functions, such as uploading videos, making comments or creating playlists (where available). Here are some details about how to create your own Max Play Now channel.

To protect your Max Play Now account, keep your password confidential use 2 factor Authentication methods.

Your Information

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service. We will process any audio or audiovisual content uploaded by you to the Service in accordance with the Max Play Now Data Processing Terms, except in cases where you uploaded such content for personal purposes or household activities. Learn More.

Permissions and Restrictions

You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may view or listen to Content for your personal, non-commercial use. You may also show Max Play Now videos through the embeddable player.

The following restrictions apply to your use of the Service. You are not allowed to:

1. access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from Max Play Now and, if applicable, the respective rights holders;
2. circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;
3. access the Service using any automated means (such as robots, botnets or scrapers) except (a) in the case of public search engines, in accordance with Max Play Now’s robots.txt file; or (b) with Max Play Now’s prior written permission;
4. collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person or allowed under section (3) above;
5. use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
6. cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics in any manner;
7. misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
8. run contests on or through the Service that do not comply with Max Play Now’s contest policies and guidelines;
9. use the Service to view or listen to Content other than for personal, non-commercial use
10. (for example, you may not publicly screen videos or stream music from the Service); or use the Service to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed in the Advertising on Max Play Nowpolicies (such as compliant product placements); or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where Max Play Now videos are the main draw for users visiting the webpage).

Reservation

Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or Max Play Now).

Develop, Improve and Updates in the Services

Max Play Now is constantly changing and improving the Service. As part of this continual evolution, we may make modifications or changes (to all or part of the Service) such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. When the Service requires or includes downloadable software (such as the Max Play Now Studio application), that software may update automatically on your device once a new version or feature is available, subject to your device settings. If we make material changes that negatively impact your use of the Service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues. We’ll also provide you with an opportunity to export your content from your MAX PLAY Now Account, subject to applicable law and policies.

Your Content and Conduct

Uploading Content

If you have a Max Play Now channel, you may be able to upload Content to the Service. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement (including the Max Play Now’s contest policies and guidelines;) or the applicable law(s).

In particular, the Content must:

1. respect the rights of others, including privacy;
2. not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so;
3. not abuse or harm others or yourself (or threaten or encourage such abuse or harm), including against children;
4. not mislead, be patently false, or defrauding;
5. not illegally impersonate, defame, bully, harass, be obscene or stalk others;
6. not incite violation of applicable laws;
7. not abuse, harm, interfere with, or disrupt the services — for example, by accessing or using them in fraudulent or deceptive ways, introducing malware, or spamming, hacking, or bypassing our systems or protective measures.

You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, including spam and malware.

The Rights you Grant to Us

You retain ownership rights in your Content. However, we do require you to grant certain rights to Max Play Now and other users of the Service, as described below.

Grant of License to Max Play Now

By providing Content to the Service, you grant to Max Play Now a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it). Max Play Now may only use that Content in connection with the Service and Max Play Now’s (and its successors and Affiliates) business, including for the purpose of promoting and redistributing part or all of the Service.

Grant Of License to Other Users

You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the MAX PLAY NOW Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Max Play Now Service.

Duration of License

The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that Max Play Now may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.

Right to Monetize

You grant to Max Play Now the right to monetize your Content on the Service (and such monetization may include displaying ads on or within Content or charging users a fee for access). This Agreement does not entitle you to any payments. Starting Jan1, 2025, any payments you may be entitled to receive from Max Play Now under any other agreement between you and Max Play Now (including for example payments under the Max Play Now Partner Program, Channel Subscription memberships or others) will be treated as royalties.  If required by law, Max Play Now will withhold taxes from such payments.

Deleting / Removing Your Content

You may Deleting / remove your Content from the Service at any time. You also have the option to make a copy of your Content before removing it if the Services permits the same. You must remove your Content if you no longer have the rights required by these terms.

Removal of Content By Us

If we reasonably believe that any of your Content (1) is in breach of this Agreement or (2) may cause harm to Max Play Now, our users, or third parties, we reserve the right to remove or take down that Content in accordance with applicable law. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for Max Play Now or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, Max Play Now or our Affiliates. You can learn more about reporting and enforcement, including how to appeal on the page of our FAQ Section.

Max Play Now General Social Guidelines reports

Max Play Now operates a system of “Report” in respect of Content that violates the Max Play Now General Social Guidelines. Each report comes with varying restrictions and may result in the permanent removal of your channel from Max Play Now. If you believe that a Report has been issued in error, you may appeal on appeal@maxplaynow.com.

If your channel has been removed / restricted due to a report, you must not use another channel to circumvent these restrictions. Violation of this prohibition is a material breach of this Agreement and Max Play reserves the right to terminate your Max Play Now account or your access to all parts of the Service.

Copyright Protection

We provide information to help copyright holders manage their intellectual property online in our Max Play Now Copyright Policy Center. If you believe your copyright has been infringed on the Service, please send us a notice.

We respond to notices of alleged copyright infringement according to the process in our Max Play Now Copyright Policy Center, where you can also find information about how to resolve a copyright Report. Max Play Now's policies provide for the termination, in appropriate circumstances, of repeat infringers’ access to the Service.

Account Suspension & Termination

Terminations by You

You may stop using the Service at any time. Follow these instructions to delete the Service from your Max Play Now Account, which involves closing your Max Play Now channel and removing your data. You also have the option to download a copy of your data first.

Terminations and Suspensions by Max Play Now

Max Play Now reserves the right to suspend or terminate your Max Play Now account or your access to all or part of the Service if: (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, Max Play Now or our Affiliates.

Notice for Termination or Suspension

We will notify you with the reason for termination or suspension by Max Play Now unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b) would compromise an investigation; (c) would compromise the integrity, operation or security of the Service; or (d) would cause harm to any user, other third party, Max Play Now or our Affiliates. Where Max Play Now is terminating your use for Service changes, where reasonably possible, you will be provided with sufficient time to export your Content from the Service.

Effect of Account Suspension or Termination

If your Max Play Now account is terminated or your access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe that the termination or suspension of your max play now account has been made in error, you can appeal on appeal@maxplaynow.com.

Other Legal Terms

Warranty Disclaimer

OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND MAX PLAY NOW DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.

Limitation of Liability

EXCEPT AS REQUIRED BY APPLICABLE LAW, MAX PLAY NOW, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:

1. ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;
2. PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;
3. ANY UNAUTHORIZED USE OF THE SERVICE;
4. ANY INTERRUPTION OR CESSATION OF THE SERVICE;
5. ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;
6. ANY CONTENT WHETHER SUBMITTED BY A USER OR MAX PLAY NOW, INCLUDING YOUR USE OF CONTENT; AND/OR
7. THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.

THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, MAX PLAY NOW AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF REVENUE THAT MAX PLAY NOW HAS PAID TO YOU FROM YOUR USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO MAX PLAY NOW, OF THE CLAIM AND (B) INR 500, WHICHEVER IS HIGHER.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Max Play Now, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.

Third-Party Links

The Service may contain links to third-party websites and online services that are not owned or controlled by Max Play Now. Max Play Now has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.

About this Agreement

Changing this Agreement

We may change this Agreement, (1) to reflect changes to our Service or how we do business - for example, when we add new products or features or remove old ones, (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.

If we materially change this Agreement, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new product or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove any Content you uploaded and stop using the Service.

Continuation of this Agreement

If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.

Severance

If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.

No Waiver

If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).

Interpretation

In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.

Governing Law

City Courts of Surat- Gujarat (India) will govern all disputes arising out of or relating to these terms or the Service, regardless of conflict of laws rules. These disputes will be resolved exclusively in the courts of Surat, Gujarat, INDIA, and you and Max Play Now consent to personal jurisdiction in those courts.

If applicable local law prevents these disputes from being resolved in a California court, then you can file these disputes in your local courts. Likewise, if applicable local law prevents your local court from applying California law to resolve these disputes, then these disputes will be governed by the laws of your country of residence.

Effective as of January 16, 2025