MX Media & Entertainment Pte. Ltd., having its office at 71 Robinson Road, #14-01, Singapore 068895, Company Registration No. 201901278W (“MX Player”, “we”, “us” or “our”), owns/ operates ‘over the top” on demand digital application/services under the brand name “MX Player”, one of the fastest growing on demand streaming services in the world (the “Service(s)”.
This User Agreement shall be considered as an “electronic records” as read and construed under Electronic Transaction Act, 2010 of Singapore and amendment thereof or as construed under equivalent local law of Your jurisdiction and rules thereunder as applicable. This User Agreement is generated by a computer system and does not require any physical or digital signatures.
User Agreement governs Your access of the Services and any features, branding, data, message, text, image, photographs, graphics, audio, sound, voice, codes, computer programmes, software, database, service information, any form of content (series, movies, sports, games etc.) as well as the interactive elements/features etc. that you utilize and host, publish, share, transact, display, upload and/or engage with in course of accessing and using the Services.
2. Service Usage Terms
Services offered to You are always evolving and the form and nature of the Services may change from time to time without prior notice to You. In addition, MX Player may stop (permanently or temporarily) providing the Services (or any features within the Services) to You without any prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to You.
To facilitate Your access and viewership, the Service can be packaged by MX Player through different models such as the Services may be accessible (a) free of charge which may include advertisements or commercials or (b) via subscription through payment of a subscription fee or (c) a pay-per-view model with or without advertisements/commercials or (d) with a combination of the foregoing on the Service.
Service can be availed through platforms, software and devices, which MX Player approves from time to time ("Compatible Source"). In some cases, whether a device is (or remains) a Compatible Source may depend on software or platform provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Source at one time may cease to be Compatible Source in the future.
Services may include interest-based ads which are online ads that are tailored to Your likely interests based on Your use of various apps and websites across the Internet. If You are using a browser, then cookies and web beacons can be used to collect information to help determine Your likely interests. If You are using a mobile device, tablet, or streaming media device that includes an advertising identifier, then that identifier can be used to help determine Your likely interests. The types and extent of advertising by MX Player on the Services are subject to change. In consideration for MX Player granting You access to and use of the Services, You agree that MX Player and its parent company, third party providers and partners may place such advertising on the Services or in connection with the display of any Content (defined hereunder) or information from the Services whether submitted by You, us or third parties.
3. Service Content and Third-Party Content on the Services
In addition to the content branded as MX Originals and other content fully owned by MX Player (collectively “Service Content”), we also host and transmit/distribute third party content (including advertisements) as provided by content owner/licensor/producer/aggregator/distributor on "as is" basis without any modification or involvement in creation of such third party content ("Third Party Content") (hereinafter “Service Content” and Third Party Content” shall be collectively referred to as “Content”). For such Third-Party Content, MX Player acts purely as an "Intermediary" as read and construed under Electronic Transaction Act, 2010 of Singapore or any relevant laws of Singapore or as construed under equivalent local laws of Your jurisdiction and rules thereunder as applicable. MX Player expressly exclude any kind of liability relating to Third Party Content. Being an “Intermediary”, MX Player has no responsibility and / or liability in respect of any Third- Party Content on the Services, including without limitations, for intellectual property rights infringement, defamation, illegal content or any other violation under applicable law.
MX Player may categorize and classify certain Content and provide disclaimers with respect to the Content, for viewers to choose such content for viewing. Some content offered on the Service may not be suitable for some users and therefore user’s discretion is advised. Also, some Content offered on the Services may not be appropriate for viewership by children. Parents and/or legal guardians are advised to comply with applicable laws and exercise discretion before allowing their children and/or wards to access Content on the Service. Please refer to our Age Suitability Policy as applicable to You if You use and access the Service.
MX Player does not pre-screen the Third- Party Content and has no obligation to monitor any Third- Party Content. Therefore, MX Player may not always have actual or specific knowledge of any Third- Party Content on the Services. However, MX Player at its discretion and in accordance with applicable law may monitor any Third- Party Content and may remove any Third- Party Content from the Services if MX Player determines in its sole discretion that such Third- Party Content is in violation of this User Agreement or any applicable law. MX Player, at its discretion, may review the Third Party-Content only when complaints are received from You or any third party. Such actions do not in any manner negate or dilute our position as an “Intermediary” or impose any liability on MX Player with respect to Third- Party Content. Any use or reliance on any Service Content or materials posted via the Services or obtained by You through the Services is at Your own risk.
MX Player does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Third-Party Content. You understand that by using the Services, You may be exposed to Third Party Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will MX Player be liable in any way for any Third- Party Content, including, but not limited to, any errors or omissions in any Third-Party Content, or any loss or damage of any kind incurred as a result of the use of any Third- Party Content made available via the Services or narrow casted elsewhere.
4. Subscription Services
Some of the Content may be made available under the premium category can be accessed only by Users who have opted for any of the specific subscription plan as offered on the Service, from time to time ("Subscription User").
We may offer different kinds of subscription plans (monthly, quarterly, half yearly, yearly or any other period as offered on the Service) each of these subscription plans will be subject to different limitations and restrictions, the cost and/or period of each of these subscription plans may vary (each as “Subscription Plan”). No freemium and/or free trial period shall be provided for subscribing the Subscription Plan and even after subscribing to the Subscription Plan unless otherwise offered by MX at its sole discretion.
We shall have the discretion to make certain Content that is a part of the subscription available to You on more than one end user compatible system concurrently. We shall also have the discretion to make certain Content whether forms a part of any subscription plan or otherwise, available to You under one Account and more than one device concurrently.
To become a Subscription User, You will be required to either create an account which will contain information like Your Apple and/ or Facebook account and/ or Google account , and/ or mobile number, as the case may be (“Account”). Some of this information might need to be verified by You to proceed further through one-time-password to be sent to the User registered mobile number and or registered email address. You should at all times while accessing/using the Service (i) be a registered subscriber of MX Player; (ii) hold a valid Account (as defined above) with MX Player. If You have reason to believe that Your Account details have been obtained by another without consent, You should contact MX Player at firstname.lastname@example.org immediately to suspend Your Account and cancel any unauthorized subscription orders or payments (if any) that may be pending. Please be aware that subscription orders or payments (if any) can only be cancelled up until provision of Services has commenced. In the event that an unauthorized provision commences prior to Your notifying as required under this section of the unauthorized nature of the order or payment, We will suspend provision of Services and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined at sole discretion of MX, whether or not to cancel the Services and permit a full or partial refund of the payment for unauthorized order or revalidate Your Account post reverification and revalidation.
4A. Subscription Fee And Subscription Term
After successful creation of the Account, You will be required to pay a subscription fee for accessing the Service in the territory where You reside, depending on one or more of the subscription packages options as made available by MX Player from time-to-time (“Subscription Fee”).
The Subscription Fee specified for each Subscription plan is inclusive of applicable taxes.
You will be required to pay the Subscription Fee through the App purchases from Apple store or through other modes as prescribed or may be available . On successful completion of the payment towards the Subscription Fee and post authentication, Service subscribed by You will become active and You will be granted access to the Service. In certain cases, post completion of the payment of the Subscription Fee, Your Service activation may be delayed due to operational and/or technical reasons.
The subscription packages opted by You will be applicable for a specified period (“Subscription Term”) which may be either on monthly basis, quarterly basis or yearly basis, or as indicated on the MX Player, from the date You subscribed the Service. Service shall remain active for the relevant Subscription Term.
You can access the status of Your subscription anytime through the "Account" section on Your profile page.
We reserve the right to change, terminate or otherwise amend the subscription packages and/or Subscription Fees and/or billing cycles at our sole discretion and at any time. Such changes shall be effective/ applicable post completion of the ongoing Subscription Term already availed by the User.
In case of revision in the Subscription Fee for a particular membership plan or for any extension or renewal period, MX Player may give You an advance notice of such revision whether by way of notification on the Service itself or through Your registered e-mail or registered mobile number (as the case may be). Your continued use of the Service post such notification upon commencement of renewal or extension period, shall be construed as acceptance of the revised Subscription Fees.
The Subscription Fees paid are non-refundable irrespective of whether the Service have been availed and/or consumed. Your subscription plan will continue to remain active till the end of the Subscription Term, irrespective of when You cancel the Service. In event of any fraudulent transaction, we may refund the Subscription Fee during the Subscription Term post successful verification and confirmation from Apple Inc post which Your subscription will be deactivated, and Your access to Subscription Service shall be revoked. Any changes in the subscription plan opted by You is effective only after the expiry of the current Subscription Term for which You have already been billed. Accordingly, the Service as per revised plan opted by You shall be effective only after the expiry of the then current Subscription Term. In event you decide to upgrade the existing / ongoing subscription pack, the terms for such subscription will be accordingly adjusted and extended for the additional term. Subject to the User opting for a subscription pack of higher value then the existing Subscription pack.
Post cancellation of Your subscription, if You wish to re-subscribe to the Service, You may do so from Your "Account" page.
4B. Terms For Billing, Payment And Cancellation
The Subscription Fee will be billed as per Your selected Payment Method (defined hereunder) for the subscription plan selected by You at the beginning of Your Subscription Term and on each subsequent renewal automatically (as per the subscription plan chosen by You) unless and until You cancel the Service, or the Service is otherwise suspended or discontinued pursuant to this User Agreement. To view/ check the commencement date for Your next renewal period or to cancel the Service, You need to visit the "Account" section on Your profile page. It may take a few days for Your payment made to MX to be reflected in Your "Account" section.
"Payment Method" shall mean all the approved methods as available on the MX Player
You are responsible for the accuracy and authenticity of the information provided by You, including the bank account number/credit card details and any other information requested by the payment gateway service provider during the subscription process. We further clarify that We do not receive or collect any of Your financial information including bank account number, credit card and/or debit card number, one-time-password sent by Your bank, passwords, bank customer IDs etc., and will not be responsible for misuse of such information by anyone. You agree and acknowledge that MX shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card/debit card/banking fraud.
You can file any complaint related to payment processing by writing to such service providers on the email provided by them .
Any and all payments made under the User Agreement are non-refundable, and we do not provide refunds or credits for any partial-month subscription periods for any and all reason except if You have reason to believe that Your Account details have been obtained by another without consent. In such an event, You should immediately contact Apple Inc for resolution.
5. Privacy Terms
6. Account Security
You are responsible for safeguarding the password or credentials that You use to access the Services and for any activities or actions under Your MX Player account. We encourage You to use "strong" passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with Your account and with other accounts that You may connect to Your MX Player account (such as Your social media account or Your email). MX Player cannot and will not be liable for any loss or damage arising from Your failure to comply with the above requirements.
7. Grant of License to Use the Services
MX Player gives You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Service that is provided to You by MX Player as part of the Services. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Services as provided by MX Player, in the manner permitted by the User Agreement. Save and except for accessing and using the Services as permitted herein, You shall not separately use any portion of the Services (such as codes, features, branding/trademarks/logos, look and feel, content, etc.) in any manner whatsoever without express written approval from MX Player.
8. Intellectual Property Rights
For the purpose this User Agreement, the terms "Intellectual Property Rights" shall mean all patents, trademarks, service marks, copyrights, database right, trade names, brand names, trade secrets, design rights and similar proprietary rights of MX Player and/or its licensors and/or other respective owners, whether registered or unregistered and all renewals and extensions.
The rights, title and interest in the Intellectual Property Rights in the Service including without limitation all its constituents, content, features, functions, text, images, audios, audio-visuals, literary work, artistic work, musical work, computer programme, dramatic work, sound recording, cinematograph film, artistic work, literary work, musical work, a video recording, gaming elements/content performance and broadcast as defined under the applicable laws, specifications, instructions, abstracts, summaries, audio commentaries/content, copy sketches, drawings, artwork, software, source code, object code, comments on the source code and object code, domain names, application names, designs, database, tools, icons, layout, programs, titles, names, manuals, graphics, animation, games, applications, user interface instructions, photographs, artist profiles, illustrations, jokes, memes, contests, gaming elements/content, interactive elements and all other elements, data, information and any other content/materials are the property of MX Player and/or its licensors and/or other respective owners and are protected, without limitation, pursuant to relevant Intellectual Property Rights laws of Singapore and the world. MX Player retains full, complete and absolute title to the Service and all Intellectual Property Rights therein.
The Service including any Content thereon shall be deemed to be non-exclusively licensed to You by us only for Your non-commercial personal use and only for such period as we may, in our sole discretion, deem appropriate. You shall not use, reproduce, redistribute, sell, offer on commercial rental, decompile, reverse engineer, disassemble, adapt, communicate to the public, make a derivative work, interfere with the integrity of the Service (including without limitation the software, coding, constituents, elements, Content, etc.) in any manner whatsoever.
You expressly confirm not to, directly or indirectly, copy, reproduce, modify, edit, re-edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, publish, distribute, circulate, communicate to the public, disseminate, broadcast, transmit, sell, rent, lease, lend, assign, license, sub-license, disassemble, decompile, reverse engineer, market, promote, circulate, exploit, digitally alter or manipulate the Service and/or any parts thereof (including any and all Materials therein) (in whole or in part) in any manner, medium or mode now know or hereinafter developed.
9. Conditions and Restrictions for Use of the Services
MX Player reserves the right at all times (but will not have an obligation) to remove or withdraw any Content (including Service Content and Third-Party Content) on the Services and to suspend or terminate User(s), and to reclaim profile URLs without liability to You.
You will not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, MX Player's software systems, or the technical delivery systems of MX Player's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by MX Player (and only pursuant to those terms and conditions), unless You have been specifically allowed to do so in a separate agreement with MX Player; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of the Content in such a manner as to interfere with or create an undue burden on the Services; or (vi) access or use the Service or the Content therein by means of any mechanism or technology which conceals Your actual geo-location or provides incorrect details of Your location [for example, use a virtual private network (VPN)].
10. Contests and Promotions
Any and all contests, promotions, surveys and campaigns hosted or conducted on the Service are subject to separate contest terms and conditions ("Contest and/or Promotion T&Cs") and You are requested to read the Contest and/or Promotion T&Cs as well as User Agreement before participating in the same and upon participation it shall be deemed that the participant has read and understood the Contest and/or Promotion T&Cs. User Agreement are deemed incorporated by reference into Contest and Promotion T&Cs provided in respect of a particular activity.
You agree to fully indemnify, defend and hold harmless MX Player, its affiliates, associates and group companies, and their respective directors, key managerial personnel, employees, officers, shareholders, agents, representatives, sub-contractors, consultants and third-party providers from and against all losses, claims and damages including legal fees, resulting from: (i) Your violation of any terms of the User Agreement; (iii) Your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; (iv) Your breach of any applicable laws; (iv) any unauthorized, improper, illegal or wrongful use of Your account by any person, including a third party, whether or not authorized or permitted by You; and (v) Your breach of any representation, warranty, covenant or undertaking under the User Agreement or under applicable law. This indemnification obligation will survive the expiry or termination of these User Agreement and Your use of the service.
12. Copyright Policy
MX Player respects the intellectual property rights of others and expects Users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If You believe that any Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) Your contact information and an email address; (v) a statement by You that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that You are authorized to act on behalf of the copyright owner.
MX Player reserves the right to remove any User Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, MX Player will also terminate a User's account if the User is determined to be a repeat infringer.
13. Disclaimers and Limitations of Liability
You have read this section carefully since it limits the liability of MX Player and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "MX Player Entities"). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this section may not apply to You. Nothing in this section is intended to limit any rights You may have which may not be lawfully limited.
A. The Services are Available "AS-IS"
The access to and use of the Services or any Service Content is at Your own risk. You understand and agree that the Services are provided to You on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, MX Player Entities disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement.
MX Player Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to Your computer system, loss of data, or other harm that results from Your access to or use of the Services, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet Your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from MX Player Entities or through the Services, will create any warranty not expressly made herein.
B. Third Party Website Links
Services may contain links to third-party websites or resources. You acknowledge and agree that MX Player is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, advertisements, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by MX Player Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources.
C. Limitation of Liability
To the maximum extent permitted by applicable law, the MX Player Entities shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other tangible or intangible losses, resulting from (i) Your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any Content obtained from the Services; or (iv) unauthorized access, use or alteration of Your transmissions or Content.
The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not the MX Player Entities have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
14. General Terms
A. Waiver and Severability
B. Controlling Law and Jurisdiction
Terms and any actions related thereto will be governed by the laws of Singapore without regard to or application of its conflict of law provisions of Your state or country of residence. All claims, disputes, legal proceedings or litigations arising in connection with the Services will be brought solely in the competent courts of jurisdiction located in Singapore, and You consent to the jurisdiction of and venue of such courts and waive any objection as to the courts in Singapore being an inconvenient forum.
C. Entire Agreement
MX Player may revise, supplement, update and otherwise modify these terms from time to time without any further notification. Any updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be posted on the application and will be effective immediately after such posting. We recommend that you periodically check the application for the revised terms. Your continued use of the Services will be deemed to constitute Your acceptance of any and all such revised terms.
You acknowledge that Your representations, undertaking and warranties and the clauses related to indemnity, limitation of liability, grant of license, governing law, shall survive the efflux of time and termination of the terms of conditions/ User Agreement.
15. Grievance Officer
If you have any queries, suggestions, or operational/ technical issues, please reach out to us at email@example.com
17. Additional Binding Terms for MX Takatak