TERMS & CONDITIONS

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Terms & Conditions

The Terms and Conditions of use set forth herein apply to the website / mobile application / abby films.online/ Abby Music/ Abby Films/ which is owned, operated, licensed and controlled by [•] (hereinafter referred to as "Abby Films & Music / Abey Films & Music LLP", "we" and/or "us") and is covered and protected by all laws including but not limited to copyright and trademark laws of India. 

This website/application is for the purpose of providing digital content including sound recordings, video recordings, MP3 Music, Podcast Audio, Audio Books, Story Telling, Meditation Music, original or licensed Films/ Movies, short films and other entertainment content, as decided from time to time by us. Further, the above mentioned content is exclusively created and owned by Abby Films & Music. Therefore, no other person has any proprietary rights over the above mentioned content. 

Users are not permitted to download, reproduce, distribute, modify, display or make use of the contents of this website/application for any commercial, personal or other use. 

Any unauthorized use of the services and content of the website/application may violate copyright laws, trademark laws as well as the laws of privacy and Abby Films & Music is not responsible for the same. 

'Unauthorized use' shall mean and include any usage of the digital content provided on this website/application not in conformity with the rights granted with respect to the same. 

Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right. 

You agree Before you begin to explore and/or use the website/application, you ("you", "your", "yourself", and/or "user") will need to review these terms and conditions of use of the same. These terms and conditions will constitute a binding contract between you and Abby Films & Music (“Agreement”). These terms explain your obligation towards Abby Films & Music when you use the services of the website/application. 

By using this website/application, you agree that these terms of use are acceptable to you and you agree to be bound by them. If you do not agree to these terms of use, please do not use this website/application and it is hereby stated by Abby Films & Music  that using this website/application without accepting the terms and conditions is tantamount to unauthorized usage, punishable by law.

Abby Films & Music reserves the right, at its discretion, to change, modify, add, alter, delete or remove portions of these terms. This Agreement shall continue to be in full force and effect for so long as you are using the services of the website/application. Your continued use of this website/application following the posting of any change or modification of these terms will mean you accept those changes or modifications. 

Abby Films & Music reserves the right to withdraw access to this website/application and to change, modify, revise the materials, products and pricing listed or offered through this website/application at any time without notice. It is your responsibility to check these terms and conditions periodically for changes. 

Registration Details 

To avail the services being provided on the website/application, you will be required to submit the information/data as required at the time of registering with the website/application or as may be required by Abby Films & Music from time to time. 

You agree to provideAbby Films & Music with accurate, complete and updated registration information. If you do not provide Abby Films & Music with accurate, complete and updated registration information, you are not authorized to use the services of the website/application and Abby Films & Music has the right to indefinitely suspend or terminate your account/subscription and refuse to provide you with access to. 

You further agree that, in providing such registration information, you will not knowingly or otherwise omit or misrepresent any material facts or information and that you will promptly enter correct and/or updated registration data/information, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize Abby Films & Music  to verify your registration data as may be required for your use of and access to the services of the website/application, as applicable. You agree and understand that the services are advertising supported and you grant Abby Films & Music  the right to disclose the registration data to third parties for the marketing of its services.

Further you agree and grant Abby Films & Music the right to use your individual registration data to provide targeting of advertisements and other service offers. The use of this website/application is also subject to Abby Films & Music Privacy Policy. 

Definitions 

Content 

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sound recordings, video recordings, artwork and computer code (collectively, “Source Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Source Content, contained on the website/application is owned, controlled or licensed by or to Abby Music/ Abby Films or its licensors, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. 

Content on the website/application such as the synopsis, cast, crew, reviews, previews, themes, wallpapers, stills, screensaver, photographs, animation, data, information, database, design, games, interactive content, trailers, making, images, and any text, images, messages, newsletters, music, audio, video or its derivative, with or without sound, audio clips from sound recordings, videos, movies are created/ collated by Abby Music/ Abby Films from the Source Content. 

Mobile Devices 

Mobile Devices are devices which have telephony capability, either inbuilt or by in conjunction with any device or software which allows it to have a telephony usage, accessed by wires or wireless which includes but is not limited to GSM, CDMA, WiFi, WiMax, TCP/IP, Internet or any other protocol, service or format, either existing at present or which may be invented in the future.

Mobile Service Providers 

Mobile Service Providers are entities who are in the business of providing telephony services to their consumers, either via wires or wireless, landline or mobile, via GSM, CDMA or any protocol. 

Non Subscriber 

Refers to those users who do not subscribe to any subscription plans to avail any paid services available on the website/application and/or pay for particular services only on “a la carte” basis i.e. paying for one or more service(s) without a package deal. Service Refers to the services provided by Abby Films & Music on the website/application, including but not limited to making available the content on the website/application for streaming purposes, etc. 

Subscriber 

Refers to any user who subscribes to the Services of Abby Films & Music on the website/application. 

Term 

The duration of the validity of your accessibility to the website/application and the content, depends upon the plan you have subscribed and the payment you have made. 

Party/Parties 

You and Abby Films & Music shall individually be referred to as "the Party" and collectively as "the Parties" unless otherwise stated. 

Service Application 

The website/application shall provide DRM-free file format for sampling content. The Services are provided to the Subscriber as per the selected subscription plan depending on the payment of Subscription fee, subject to certain limitations as described herein. 

You must have internet connection for accessing this website/application. 

It is essential that every user, Subscriber, must register with the terms of the website/application to use the Services available through the website/application. You shall be required to enter certain personal information, which will be governed as per the rules of Abby Films & Music  Privacy Policy and must pay fees as per the option selected by you for receiving uninterrupted service during the Term. 

To complete the enrolment process, you must fill the service registration form provided on the website. 

The Services includes 

On-demand streaming of full length tracks, audio/visual, Audio Podcasts, Audio Books, MP3 Music, Story Telling, Meditative Music, original or licensed Films/ Movies, short films and other entertainment content or certain other premium features as decided by Abby Films & Music  from time to time; 

User account and Security 

All Subscribers shall have a user name and password. It shall be the sole responsibility of the Subscriber to maintain the confidentiality and security of their account. 

You should not reveal your account information to anyone else or use anyone else's account. 

Your 'user account' and password are personal and should be kept confidential. 

You agree that you will not allow another person to use your 'user account' to access and use the service under any circumstances. 

You are solely and entirely responsible for maintaining the confidentiality of your 'user account' and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. 

You acknowledge that Abby Films & Music  is not liable in any manner whatsoever for any harm caused by or related to the theft of your account information, your disclosure of your 'user account', or your authorization to allow another person to access and use the services using your 'user account'. 

Furthermore, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the services and you agree to immediately notify us of any unauthorised use of your account or any other breach of security. 

Although Abby Films & Music will not be liable for any losses you may incur due to any unauthorized use of your 'user account', you may be liable for the losses of Abby Films & Music  and/or other users due to such unauthorized use. 

In consideration of your use of the website/application and services provided therein, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. 

You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the website/application and/or the Services provided there under. 

Fee & Payments

The Price List for each service is displayed on website representing the full retail price listed for each service. 

You shall pay for the Service that you chose from the options given on the website. The Price List mentions the prices of each service in each country denoted in their respective currency and the User shall pay in the currency of their country. 

The website/application allows the users to subscribe to the Content available on the website, using the following forms of payments. 

Abby Films & Music may withdraw any of the following payment option at its sole discretion: 

· Credit Cards; 

· Debit Cards; 

· Internet Banking (for Indian customers only); 

You agree that you shall make timely payment of all fees for the services. 

If you want to designate a different payment card or if there is a change in your payment mode or account status, you must inform online to Abby Films & Music . You must provide the website/application with the aforesaid information at least 7 (seven) days prior to such change being applicable to avoid temporary disruption or delay in the services until the website/application authorities verify the validity of the new payment card or any other mode. 

You agree, understand and confirm that the credit card details provided by you for availing of Services on the website/application will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. 

Abby Films & Music reserves the right to change the prices of the products and services and the availability of the services at its sole discretion. 

Payment made by credit card or any other mode as mentioned above should be received by Abby Music/ Abby Films on time. 

If for any reason Abby Music/ Abby Films does not receive payment from the credit card issuer or any agent involved in any of the above payment modes, you agree that you shall pay all amounts due upon demand by Abby Films & Music. 

Abby Films & Music is not responsible for your delay in making payments to Abby Films & Music and hence in the event your account is deactivated if there are unpaid dues from you, Abby Films & Music is not responsible and you may have to re-register yourself on the website/application. 

You further agree and undertake that you are accessing the services available on this website/application and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this website. 

Abby Films & Music accepts no responsibility/liability for any errors or omissions, whether on behalf of itself or third parties. Further AAbby Films & Music shall not be responsible for any non-performance or breach of any contract entered into between users. 

Intellectual Property Rights 

It is hereby specifically recorded that the Source Content and the content available as part of the services is the sole and exclusive property of Abby Films & Music and/or its licensors and is protected by copyright and other intellectual property laws. 

Intellectual Property Rights for the purpose of this Agreement shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trade marks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and all those special rights conferred as a result of the Berne Convention, 1979 individually as a result of prospective local laws in accordance with the Convention and the Trade Related Aspects of Intellectual Property Rights Agreement of the World Trade Organization. 

All those intellectual property rights arising as a result of domain names, Internet or any other form of an electronic/technological law shall also vest in the domain of Abby Films & Music. The Parties hereto agree and confirm that no part of any intellectual property rights mentioned hereinabove is transferred in the name of user and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and control of Abby Films & Music.

You shall promptly notify Abby Films & Music in writing upon your discovery of any unauthorized use or infringement of the services (or its contents) or Abby Films & Music's patent, copyright, trade secret, trademarks or other intellectual property rights. The services provided contain proprietary and confidential information that is protected by copyright laws and international treaty provisions. 

Reviews, Comments, Communications, and Other Content 

You may post reviews, comments, and other content; send other communications; and submit suggestions, ideas, comments, questions, or other information, if the website/application allows you to do so, so long as the content is not illegal, obscene, offensive to any caste, class, community or individual, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". 

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. 

Abby Films & Music reserves the right (but not the obligation) to remove or edit such content. 

Abby Films & Music does not endorse and has no control over such content that you post. 

Abby Films & Music may delete any such content posted or submitted by you, for any or no reason, including postings that in our sole judgment violate these terms and conditions of use or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. 

Abby Films & Music assumes no responsibility for inappropriate postings/content posted by you/users or conduct of the users on this website. 

If at any time Abby Films & Music chooses, in its sole discretion, to monitor the postings, Abby Films & Music nonetheless assumes no responsibility for the postings and no responsibility for the conduct of the user submitting any such postings/content. 

KINDLY NOTE THAT Abby Films & Music  PROHIBITS ANY SORT OF PORNOGRAPHIC CONTENT ON ITS WEBSITE. Please choose carefully the information you post on the website/application and that you provide to other users. Your profile must not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. 

STRINGENT PENAL AND CRIMINAL ACTIONS WILL BE INITIATED AGAINST THOSE FOUND INDULGING IN ABOVE REFERRED ACTIVITIES. Any user or member who publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt people who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it shall be strictly treated under the provision of Section 67 of the Information Technology Act 2000 and as per the provisions of Indian Penal Code and other appropriate statutes applicable in that scenario. Despite this prohibition, information provided by other users (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Abby Music/ Abby Films assumes no responsibility or liability for this material. If you become aware of misuse of the services provided by Abby Music/ Abby Films by any person, please contact Privacy Coordinator. 

Termination

If you violate, breach or fail to comply with any clause of this Agreement, we may terminate this Agreement or restrict or suspend or terminate your use of the services of immediately and without notice. 

You may terminate the services by ceasing to use the website. 

Your determination of the services shall lead to cessation of your access to the services you have subscribed for. However, you cannot escape your liabilities and obligations to pay accrued charges, if any, till date of termination of service reflecting as unpaid in your account. 

We reserve the right to terminate your use of the services/subscription, without cause, upon reasonable notice. In case such termination occurs in the middle of your subscription period, we shall refund to you the unutilized share of your prepaid subscription fee for the remaining period which shall be calculated on a pro-rata basis in case of unlimited usage accounts. 

The failure of Abby Films & Music to take any action in respect of a breach of these terms and conditions shall not constitute a waiver of their enforceability.

Abby Films & Music reserves its rights in respect of these terms and conditions at all times. 

Link to Other Sites 

The website/application may contain links to other independent third-party web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to the users. Such Linked Sites are not under Abby Films & Music's control, and Abby Films & Music is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. 

You will need to make your own independent judgment regarding your interaction with these Linked Sites. 

Technology Limitations and Modifications to Service 

It is the duty and responsibility of Abby Films & Music to keep your account and the service(s) operational. However, in case of any technical difficulties or for maintenance, if it results in temporary interruption, Abby Films & Music will make reasonable efforts to rectify the snag as early as possible. 

If, for any technical reason and under unavoidable circumstances Abby Music/ Abby Films needs to discontinue, temporarily or permanently, functions and features of the application and service(s) with or without notice, or if any tracks in any particular catalogue may no longer be available due to technical or contractual rights, Abby Films & Music reserves right to change and replace the tracks/ audio books/ podcasts etc. or the overall content or any other content available at any time. 

Under the said circumstances, Abby Films & Music shall not be liable for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to or of any of the services as the same may be treated as Force Majeure. 

You also shall not use, nor allow others to use, your account, the services/subscription, directly or indirectly, to: 

(a) attempt to or actually disrupt, impair or interfere with, alter or modify the services or any information, data or materials posted and/or displayed by us;

(b) act in a way that affects or reflects negatively on us, the services, or anyone else; (c) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party's prior consent. You agree to comply with all local, state, federal laws, statutes, rules and regulations, as well as any international treaties, which are applicable to your use of the website. You are prohibited from violating or attempting to violate the security of the website, including, without limitation: 

(a) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access; 

(b) attempting to probe, scan or test the vulnerability of the website/application or to breach security or authentication measures, regardless of your motives or intent; (c) attempting to interfere with or disrupt the services to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or 

(d) sending unsolicited e-mail or other information, including promotions or advertising. 

Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations and we may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the website/application in a manner that sends more request messages to the Abby Films & Music  servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. 

Notwithstanding the foregoing, Abby Films & Music  grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. 

Abby Films & Music reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the website, nor to use the communication systems provided by the website/application for any commercial solicitation purposes. Any illegal and/or unauthorized use of the services and/or the website, including unauthorized framing of or linking to the website/application will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress. 

Indemnification 

You hereby agree to indemnify and hold Abby Films & Music, its agents, contractors, members, subsidiaries, affiliates, service providers, syndicators, distributors, licensors, officers, directors and employees, harmless from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, suffered by Abby Films & Music as a result of a breach of the terms and conditions of this Agreement by you and from any claim brought by third parties alleging that use of the Services and/or website/application by you or under your account has infringed any intellectual property or other right of any kind, or any applicable laws or regulation including but not limited to payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other users and infringement of intellectual property or other rights. 

You shall provide Abby Films & Music with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at your sole expense. 

Governing Law 

Any dispute arising out of the terms and conditions set herein, the website, or the services available on the website/application shall be governed by the laws of India and the court of Kolkata, India shall have the non-exclusive jurisdiction with respect thereto. 

Use of the website/application is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this clause. 

You agree to indemnify and hold Abby Films & Music, its subsidiaries, affiliates, directors, officers and employees, harmless from any claim, demand or damage, including reasonable attorney's fees, asserted by any third party due to or arising out of your use of or conduct on the website. 

General Provisions 

No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement. 

If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This Agreement will bind and inure to the benefit of each party's permitted successors and assigns. 

This Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void. This Agreement (including all documents expressly incorporated herein by reference, including but not limited to the Abby Films & Music's Privacy Policy and the end user license agreement) constitutes the complete and exclusive agreement between Abby Films & Music and you with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you andAbby Films & Music  with respect to the services and the use of the website. Abby Music/ Abby Films may change/modify/alter this Agreement at any time in its sole discretion. In case of material change only will be posted by issuance of notice at the email address on file for your account. If the said change/modification/alteration is unacceptable to you, you agree that your only recourse is to terminate your use of the service(s) as provided herein. Your continued use of any service following our posting of a change of terms will constitute your voluntary acceptance of the change, until such time as you terminate your usage. 

This Agreement, together with our Privacy Policy, Disclaimer and any other rules, regulations, procedures and policies herein, constitutes the entire agreement between you and Abby Music/ Abby Films with respect to the services on the website/application and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Abby Music/ Abby Films with respect to the services. 

The terms herein are subject to prevailing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with statutory requests or requirements relating to your use of the services or information provided to or gathered by Abby Music/ Abby Films with respect to such use. Use of the services and the website/application is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, shall be Governed by laws of India. 

You hereby confirm that you shall abide to these Terms & Conditions and shall also abide to all the applicable laws of the land. 

Content on this website/application may occasionally contain strong language (which may be unsuitable for children), unusual humour (which may be unsuitable for adults), nudity, violence, and imitable behaviour etc. 

Viewers are requested to exercise discretion when listening to and / or viewing such content.
View more at: https://www.abbyfilmmusic.art/conditions/ & https://abbyfilms.online/

Privacy Policy

Abby Music/ Abby Films (“Abby Films & Music/Abey Films & Music LLP”, “we”, “our” or “us”), either directly or through third party tools uses cookies and tracking technology to collect from you (“individual”, “person” or “entity” or “User(s)) and store “Personally Identifiable Information” and / or “Non Personally Identifiable Information”, as the case may be, when you access or use our streaming services made available on our website or application (collectively “Abby Music/ Abby Films Property”). 

If you would like to use our service any further, you must expressly permit us to collect and store your information as the same shall be processed in accordance with the Privacy Policy with the objective of analysing your navigational, behavioural activity on the Abby Music/ Abby Films Property, so as to display ads that are relevant and interesting to the individual user and thereby be more valuable to third party publishers and advertisers. 

If you do not consent to this, you may divert yourself from using the Abby Music/ Abby Films Property. 

I agree to the terms and conditions and the Privacy Policy. 

Privacy Policy 

Abby Films & Music  Digital Media Entertainment Pvt Ltd. (“Abby Films & Music”, “we”, “our” or “us”) values the trust you have in us. This Privacy Policy applies to all our our services (collectively known as “Abby Films & Music  Property”) and will be of general interest to you and other internet user(s) who visit Abby Films & Music Property online for access or use of our streaming services and or its features. Abby Films & Music Property is created, developed and operated or supported by Abby Films & Music, a company incorporated under the Abby Films & Music Act 1956, having its registered office at Abby Films & Music. The use of Abby Films & Music Property is only authorized for a personal and private use, therefore any other use, notably in public premises and businesses, is strictly forbidden. 

To access and use Abby Films & Music Property, the user must be:- 

i. at least 15 years old; and 

ii. accept without any reservation, either at the time of use or registration, hereby conditions of use (including the Privacy Policy) (hereinafter the “Terms”). 

WE COLLECT INFORMATION ON ACCOUNT OF:- 

i. SIGN UP: You (“individual”, “person” or “entity” or “User(s)), voluntarily providing information to us by means of registering or logging into Abby Films & Music Property for using our services. 

ii. NAVIGATIONAL INFORMATION: Information about You that is automatically tracked basis Your navigation and interactions with third party websites through Abby Films & Music Property. Navigation means and includes your movement within the Abby Films & Music Property including but not restricted to your use of streaming service for consuming content being audio or audio-video and other content recommendations. 

The Data so collected includes: 

a. Your likes, favourite content (could be related to an artist, track, radio, podcast and so on), 

b. History that records your content consumption pattern, 

c. Your data upon interaction with other Users of Abby Films & Music  Property;

iii. SUBSCRIPTION(S): You also voluntarily provide additional Personal Data as you opt for additional paid services on Abby Films & Music Property. Such additional information relates to your payment gateway options, recurring subscription instruction etc. We collect various data depending on the payment method and the entity responsible for collection of the payments for the management of the commercial relationship (for example, in the event that payment is made through a telecommunications operator) data collected includes information relating to the type of subscription(s), the method of payment, and details of the transaction carried out. Kindly note that in any and all instances we do not have access to your credit and/ or debit card details shared by you on the payment page hosed by the payment service provider handling your User account. 

iv. END USERS INTERACTIONS AND CONTRIBUTIONS: In the event of interaction with the Customer Service the latter may collect certain Data in order to process End User’s request. These include in particular the Data allowing Customer Service to identify the End User (Your username, surname, first name, email id, mobile number and so on), the date, time and reason for the End User’s request, the content of exchanges with the Customer Service, the additional Data necessary for the handling of the request, as the case may be. 

By use of the Abby Music/ Abby Films  Property, you have expressly consented to the collection, use, store and processing of your personal information that you provide (including any changes thereto) as aforestated, for the streaming service that we offer, provided the same is in accordance with this Privacy Policy. 

This Privacy Policy will provide detailed information on when and why we collect your personal information, how we use it, the limited conditions under which we may disclose or transfer it to others and how we keep it secure. Please note that our privacy policy is subject to change at any time without notice. To make sure you are aware of any changes, please review this policy periodically. 

This Privacy Policy is incorporated into and subject to the Terms of Use (Terms & Conditions). Capitalized terms that are not defined herein shall bear the same meaning as assigned therein. Abby Music/ Abby Films Property may have links to third party website and / or services. Upon clicking such link you may be directed to a third party website. Please note that this Policy does not apply to such third-party websites and / or services. Abby Music/ Abby Films respects the privacy of End Users of Abby Music/ Abby Films  Property and is committed to reasonably protect it in all respects. 

INFORMATION THAT IS COLLECTED 

Every time you use the Abby Films & Music  Property either through computer, mobile device or other device or technology, the respective products and services either directly or through third party tools collect from you (“individual”, “person” or “entity”) and store “Personally Identifiable Information” and / or “Non Personally Identifiable Information, as the case may be. 

In order to avail our additional features, End Users are required to provide us with certain Personally Identifiable Information (PII) either for registration to create an account with us or for updating their existing account information with us or sign up for subscription or use certain features or access content, purchase items or enter into promotions, refer others to Abby Films & Music Property, interact with Abby Films & Music via third party application or social media sites, request customer support or otherwise communicate with Abby Films & Music  or Abby Music/ Abby Films’s business partner’s, Abby Films & Music  may collect information that relates to you, including your 

(i)  name and surname,

(ii) e-mail, 

(iii) home address, (iv) 

(iv) telephone number or mobile phone number, 

(v) device information 

(vi) sex 

(vii) age

(viii) gender 

(ix) date of birth, 

(x) password 

(xi) occupation 

(xii) interest and the likes etc. 

(xiii) geographic location / pin code, 

(xiv) demographic information, 

(xv) photos, 

(xvi) videos, 

(xvii) social media account details 

(xviii) advertising identifier of your phone and other information from your device. 

The information that we collect about you while you are using the website/application falls into the following two categories:

USER PROVIDED INFORMATION:- 

We may collect and store information, personal or otherwise, that you voluntarily supply either while on services or in responding via email in connection with a feature provided on Abby Music/ Abby Films  Property. Such information may include demographic information that you electronically submit when you login or sign up for access to certain features on the Abby Music/ Abby Films  Property, information (such as your name or email address or mobile number) that you electronically submit when you register for surveys or contests on the website/application, information that you post on message boards on the website/application, and information contained in search requests or questions that you submit to the website/application. If you decline to supply or provide us with certain information while using the website/application, you may not be able to use or participate in some or all of the features offered through the website/application. 

INFORMATION AUTOMATICALLY TRACKED WHILE NAVIGATION:- 

USER ACTIVITY INFORMATION

When you visit the Abby Films & Music  Property or use any of its features including but not limited to stream content, favourite piece of content, share a piece of content and so on, we may either directly or through third party tools collect the aforesaid user activity information - to understand User’s individual interests using the identified device. The use of such tools enables Abby Films & Music  to provide User(s) with relevant advertisements or other offers. Parts of the Abby Films & Music Property may not work as expected without use of the such tools, hence by ignoring or closing the pop up message appearing at the launch of the Abby Films & Music Property meant for obtaining express consent User(s) are consenting to the use of such tools. Abby Films & Music hereby informs you that unless you voluntarily identify yourself (through registration whether for logging in or subscribing to Abby Films & Music  Services) Abby Films & Music may not be able to identify you despite the use of such tools. The said tools cannot read any data from your hard drive, the only information that a is passed on to Abby Films & Music server’s is the information that you voluntarily supply. In addition, our advertising partners may also assign their own cookies, which may get triggered if you click on their advertisement, for collecting and processing information for the purpose of tracking online behavioural advertising, end user tracking or cross device linking that could be stored either on in-house server or a third party server, a process which is beyond the control of Abby Films & Music. The use and collection of your information by these third party advertisers and ad servers is governed by the relevant third party's privacy policy and is not covered by our privacy policy and we shall not be responsible for such third party's acts / use of such information. Indeed, the privacy policy of these third party advertisers and ad servers may be different from our privacy policy. 

DATA COLLECTED FROM OTHER SOURCES 

Via telecommunications operators: some Users access the Services through offers distributed by mobile network operators. In this context, certain Data are shared by the operator with us (for example the email or the username used), in order to allow these End Users to access the Service for which they are eligible according to their type of subscription. Via sales and marketing partners: We allows its End Users to access the Services through several types of audio devices (speakers, car radios, etc.), thanks to partnerships entered into with the manufacturers of these devices. In this context, these partners may, notably, share with us the data relating to the listening activities of the Users on these devices. Other types of partnerships allow in particular us and its advertising partners to conduct joint marketing activities. 

Via sub-contractors: sub-contractors also collect on behalf of us, the Data relating to the End Users targeting their interests and their online activities in order to notably offer them personalized adverts. 

LINKS TO THIRD PARTY SITES/ AD-SERVERS 

As already mentioned herein, Abby Music/ Abby Films Property may have links to third party website and / or services. Such third party sites are governed by their respective privacy policies, which are beyond the control of Abby Music/ Abby Films. We may use Third Party advertising companies to serve ads when you visit Abby Music/ Abby Films  Property. Such companies may also obtain and use information (PII or Non - PII) about your visits to this and other websites in order to provide advertisements about goods and services of User(s) interest to which Abby Music/ Abby Films has no control over. Abby Music/ Abby Films by itself does not indulge in providing information (PII or Non-PII) to third party websites / advertisers/ ad – servers without User(s) consents. 

USE OF THE INFORMATION COLLECTED? 

The information collected by us is used for various purposes as detailed hereunder:- 

i. BETTER OURSELVES 

a. Equip us in providing Abby Films & Music  Property Services and ensuring that the said services function properly; 

b. Personalize our Services according to the each and every End User’s preferences, location, tastes and interests (declared or deduced), resulting from his/her use of our Services, the information provided, his/her interactions with Abby Music/ Abby Films Property Services and his/her navigation on the Abby Films & Music Property; 

c. Measure the reach and popularity or fallout of any of the Abby Films & Music  Property or any of its part thereof. 

d. Ensure the security of the Abby Music/ Abby Films Property. 

ii. BETTER END USERS EXPERIENCES 

a. Inform End Users of offers and news on Abby Music/ Abby Films  Property either distributed by us of any of our Partner; 

b. Equips us in handling End User relationship via our Customer Service, Customer transaction relationship; Customer Satisfaction surveys; Fight fraud and payment defaults; Display advertisements basis an End Users likes and preferences on the Abby Music/ Abby Films  Property; 

c. Enabling an End Users to access and use sharing tools for social networks that an End Users may have freely opted and agreed to for sharing of such information; 

d. Allowing End Users to exercise their Rights, as described hereunder; 

iii. INFORMATION SHARING / DISCLOSURE

Abby Music/ Abby Films  may share User(s) sensitive and personal information/ Non personal information with any third party without obtaining the prior consent of the User(s), in good faith and belief that such disclosure is reasonably required, only in the following instances:- 

A. when it is called upon to do so / required do so by virtue of applicable law or called upon to disclose under the direction of any court or governmental agency or authority for the purpose of verification of identity, or for the prevention, detection, investigation including cyber incidents, or for prosecution and punishment of offences. 

B. Subject to the same terms and conditions and applicable privacy and data protection laws, Abby Music/ Abby Films  may share User(s) information within its group companies and officers and employees of such group companies for the purpose of processing personal information for and on its behalf. We require that these parties agree to process such information in compliance with our privacy policy, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures. 

C. Abby Music/ Abby Films  may share anonymous aggregated statistical information on traffic driven to Abby Music/ Abby Films property with advertisers solely for the purpose of understanding Abby Music/ Abby Films’s audience and confirm the value of advertising on Abby Music/ Abby Films  Property. 

D. Abby Music/ Abby Films may share information regarding User(s) usage of Abby Music/ Abby Films  Property with third party social websites and populate your social wall, however User(s) always have the option to opt out or change the User(s) settings to allow or disallow what information User(s) desires to show on its wall or share or not to share information with other User(s) of the social websites. 

E. We do share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the website/application. 

F. Abby Music/ Abby Films and also reserve the right to disclose personally identifiable information and/or non-personally-identifiable information that Abby Music/ Abby Films  believes, in good faith, is appropriate or necessary to enforce our 'terms and conditions of use', take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our website/application, and to protect the rights, property, or personal safety of Abby Music/ Abby Films, our users / members or others. 

INFORMATION USED FOR OTHER PURPOSES

If you submit personally identifiable information to us through the website/application, we may use your personal information to operate, maintain and provide to you the features and functionality of the website/application. Any and all information, so collected, may be used by Abby Music/ Abby Films  primarily to maintain and protect User information. 

It may be subsequently used to analyse and improve Abby Music/ Abby Films  services and / or for developing new services, if any. Abby Music/ Abby Films may, without any additional express consent, use the email address or phone / mobile number or such other personally identifiable information for:- 

a. sending commercial or marketing messages giving User(s) with an option to either subscribe or unsubscribe (where feasible); 

b. non-marketing or administrative purposes (including notifying User of any major changes to the Abby Music/ Abby Films  Property, any change in the usage plan, etc. 

Any personal information or video content that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your public profile page, etc.) becomes publicly available and can be collected, seen and used by others besides us. We cannot be and are not responsible for any unauthorized third party use of such information. Your account name (not your email address) is displayed to other users / members when you upload videos or send messages through the website/application and other users / members can contact you through messages and comments. We reserve the right to use and to disclose to third parties all of the information that we collect online about you and other visitors in any way and for any purpose, with one important exception viz. We will not use the information that we collect online from you while you are using the website/application, nor will we authorize third parties to use such information, to mail or email promotional offers directly to you unless you have specifically informed us that you would like to receive promotional offers from us and/or from third parties. If you choose to receive these promotional offers, then your information may be used for direct mail or email marketing. We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, click stream data, etc.) to improve the quality and design of the website/application and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user / member preferences and trends. We use cookies, clear gifs, and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the website/application; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries.

We may share with our provider partner any information you provide, or that is collected, in the course of visiting any pages that are made available in cooperation with our provider partner. In some cases, the provider partner may collect information from you directly; in which cases the privacy policy of the provider partner may apply to the provider partner's use of your information. The privacy policy of the provider partners may differ from ours. If you have any questions regarding the privacy policy of one of our provider partners, you should contact the provider partner directly for more information. 

We might employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. 

They have access to personal information needed to perform their functions, but may not use it for other purposes. Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that we sell some or all of our assets, or our website/application is acquired by another company, information about our visitors may be among the transferred assets. 

RECIEPIENT OF DATA 

We send the End User data that may be collected and/ or processed, by us, to: 

a. Third party Data sub-processors - third party entities who are duly approved and authorised by us to process and act as Data sub-processors, and such data sub processors due to role they play need to have access to such Data for the purposes of processing in the manner described hereinabove. 

b. Payment Gateway(s) - in order to ensure the perfect supply of the Services. For example, we rely on payment gateways and / or such other service providers in order to verify the financial status of a visitor who subscribe to deferred payment options, or to supply a suitable payment methods.

c. Technology Partners - technical sub-contractors who are duly approved and authorised by us, who may basis our instructions host and store Date of End Users on their servers on our behalf. Our arrangement with such partners requires them to ensure highest level of security of our technical infrastructure, thereby minimising the risk of data leakage or misuse. 

d. Our partners: various partners namely, telecommunications operators, original manufacturers and or distributor of devices and / or marketing partners, who we approve and authorise to process Data in order to supply our Services and to implement joint communication plans. In the same way, we communicate Data to social networks in order to ensure the promotion of our Services. 

e. Social networks – only incase you expressly consent to linking your Abby Music/ Abby Films  User account with your account for using social networks at the time of their registration on Abby Music/ Abby Films  Property or thereafter by changing your User account settings accordingly.

f. Third-party applications – only incase you expressly consent prior to or while accessing and /or using third party applications via the Abby Music/ Abby Films  Property.

g. Administrative or judicial authorities: we may communicate information relating to our End Users, including Data, if required to do so with any administrative or judicial authorities, in particular in the context of requisition. 

DATA SECURITY 

In accordance with the Applicable Regulation, we shall take all necessary measures to process the Data in a secure and confidential manner. It is understood that all the content on the website/ application is created and owned by the Abby Music/ Abby Films. In particular, we shall implement the technical and organizational measures that will guarantee the security and confidentiality of the Data collected and processed, and in particular to prevent them from being distorted, damaged or communicated to unauthorized third parties, by ensuring a level of security that is appropriate to the risks linked to the processing and to the nature of the Data, taking into consideration the technical level and cost of such implementation. We may not however guarantee the confidentiality of the Data rendered public by the User. 

ACCESSING AND UPDATING PERSONAL INFORMATION 

You may at any time modify your registration information by clicking on the "Edit Profile" subsection of the "My Account" area of the website/application, so long as you continue to provide us with certain information required to maintain your subscription (such as a valid email address). Also, marketing e-mails from will come with instructions for un-subscribing from our email mailing list. 

RIGHTS OF END USERS 

There are eight fundamental rights under GDPR:- 

a. Right to Access Personal Data 

End Users have the right to access and request for a copy of their data as is collected by us. 

b. Right to Rectification 

End Users have a right to request for modification of their data, including the correction or errors and the updating of incomplete information.

c. Right to Erasure 

The right of erasure – also referred to as the right to deletion or the right to be forgotten – End Users have the right to instruct us to stop processing of their data as well as request that their personal data may be erased. 

d. Right to Restrict Data Processing 

End Users have a right, under certain circumstances; request that all processing of their personal data be stopped. 

e. Right to be Notified

End Users has a right to know about the uses of his /her personal data in a clear manner and be told about the actions that can be taken if they feel their rights are being impeded, like End Users need to be informed of any rectification or erasure of their personal data. 

f. Right to Data Portability 

An End Users has the right to request that their personal data file be sent electronically to a third party. Data must be provided in a commonly used, machine readable format, if doing so is technically feasible. 

g. Right to Object 

If a request to stop data processing is rejected by a data controller, an End User may have the right to object to their right being denied. 

h. Right to Reject Automated Individual Decision-Making 

End Users has the right to refuse the automated processing of their personal data to make decisions about them if that significantly affects the data subject or produces legal effects – profiling for example. 

Please be informed that requesting for being forgotten or for deletion of your record is not like unsubscribing or opting out from specific emails or deactivating certain settings on google or other social media websites or interactive pages etc. and such erasure / deletion is complete and an irreversible process. 

Upon such erasure / deletion we will lose all records (barring archival or backups) of User(s) having ever been on Abby Music/ Abby Films property or our servers or systems, including any previous instruction you have given to Abby Music/ Abby Films  and opting out of specific email types. If you re-join our systems by voluntarily providing your personal information, you will appear to us as a completely new data subject. This does not affect your rights in any way. 

If User(s) wishes to exercise any of its aforesaid rights either to verify, correct or update or delete, object etc. any of your personal information collected by Abby Music/ Abby Films  by virtue of your use of the Abby Music/ Abby Films Property, you may write to us at the following email address:- [[*] email ID]. For the said purpose we may additionally require User(s) to identify themselves and the information requested to be accessed, corrected or removed before processing any such User(s) request. We may delete any personal information that is publicly available and are under no obligation to store such information indefinitely and disclaim any liability arising out of, or related to, the destruction of such personal information. 

We reserve the right to decline any such request for want of proper identification required to act upon User(s) request. We may also decline requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of another User(s) or would be extremely impractical (for instance, requests concerning information residing on backups or archival records) or for which access is not otherwise required. 

Our Commitment to Children’s' Privacy:- Abby Music/ Abby Films  Property is NOT directed to or INTENTED for individuals under the age of 18 (eighteen). An individual less than 18 (eighteen) years of age SHOULD not register to use the website/application but if you are above 13 (thirteen) years of age or older but below 18 (eighteen) years, you may be granted access by providing either of your parent's Email IDs and an Email will be sent informing the parent that their ward has registered himself / herself to use the Abby Music/ Abby Films services through the website/application. If you are a parent of a child under the age of 18 (eighteen) and you have questions about our website/application or Privacy Policy, please feel free to contact the Privacy Coordinator. Parents of such underage individuals will be legally bound by any Acts / Deeds / Violation of Terms and Conditions of Use, Privacy Policy and the end user license agreement. Please be informed that we do not knowingly collect personal information from anyone under the age of 13 years. If at any given point of time, we determine that the information collected pertains to a User(s) below 13 years of age we reserve the right to refrain from using or maintaining. 

Our Assurance & Commitment towards Data Security:- We use commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to and you do so at your own risk. Once we receive your transmission of information, makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Abby Music/ Abby Films learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Abby Music/ Abby Films  may post a notice on the website/application if a security breach occurs. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify the Privacy Coordinator at the below mentioned email id [[*] email ID].

Special Note to INTERNATIONAL USERS / MEMBERS Consent to processing and Internal Transfers:- 

Abby Music/ Abby Films is registered in India. Abby Music/ Abby Films business is worldwide and so is Abby Music/ Abby Films Property accessible worldwide due to which Abby Music/ Abby Films processes, transfers and stores information about User(s) on severs located in a number of countries other User(s) home country. If you are a user / member accessing the website/application or providing us with any information from any other region with laws or regulations governing personal data collection, user, protection and disclosure, that differ from the applicable Indian laws, please note that through your use of the website/application, this Privacy Policy, end use license agreement and our Terms and Conditions of Use, you are providing personal information for collection, processing, maintenance and transferring your Personal Information to India or any other country outside your place of residence or of which you are a citizen of and you are giving your express consent for the mentioned collection, processing maintenance and transfer of such information in and to other countries in which the privacy laws may not be as comprehensive as or equivalent to those in the Country of residence of User(s) and or User(s) is a citizen of. Abby Music/ Abby Films  will, at any point of time, be complying with the legal provisions on the subject matter, as applicable in India from time to time. Changes to Your Personal Information on site Notification Of Changes:- Abby Music/ Abby Films reserve the right at any time to change the terms of this policy; change the services provided on the website/application, including eliminating or modifying any content on or feature of the website/application; or change / charge any fees or charges for use of the services available on the website/application. 

Conflict Resolution:- Abby Music/ Abby Films  is committed to resolving disputes as soon as feasible and shall endeavor to resolve all disputes brought to our notice in keeping with the mechanism prescribed. 

Questions / Grievance Cell:- In the event you have any grievance relating to the processing of User(s) information provided by you, you may contact our Grievance Officer at [email ID [*]] or write to us at Abby Music/ Abby Films. We request you to please provide the following information in your complaint:- 

· Identification of the information provided by you to enable us to verify the complainant. 

· Clear statement as to whether the information sought to be accessed or updated is your personal information or non-personal information. 

· Your correct address, telephone number or email address. 

· A statement that you have approached us with the notice for records in good faith and has reason to be believe that your information has been processed incorrectly or disclosed without authorisation, as the case may be. 

· A statement that the information provided by you in the notice is accurate and that the information being complained about belongs to you. 

This Privacy Policy is applicable to you. 

DISCLAIMER

AS PROVIDED IN THE TERMS & CONDITIONS, ALL INFORMATION, TECHNOLOGY AND SERVICE PROVIDED SHALL, AT ALL TIMES, BE ON A "AS IS" AND "AS AVAILABLE" BASIS AND ABBY MUSIC/ ABBY FILMS HEREBY STATES THAT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION IS NOT UNDERTAKEN BY ABBY MUSIC/ ABBY FILMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ABBY MUSIC/ ABBY FILMS AND ITS LICENSORS, AND ITS DISTRIBUTION AND SYNDICATION PARTNERS, DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. ABBY MUSIC/ ABBY FILMS MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION SHALL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ABBY MUSIC/ ABBY FILMS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. ABBY MUSIC/ ABBY FILMS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATION. 

LIMITATION OF LIABILITY

Abby Films & Music HAS MADE THIS SERVICE AVAILABLE TO USERS AS A MATTER OF CONVENIENCE. ABBY MUSIC/ ABBY FILMS EXPRESSLY DISCLAIMS ANY CLAIM OR LIABILITY ARISING OUT OF ANY OBSCENE, VULGAR OR PORNOGRAPHIC CONTENT POSTED BY ANY OF THE USERS. YOU AGREE AND ACKNOWLEDGE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR CONDUCT AND THE ABBY MUSIC/ ABBY FILMS RESERVES THE RIGHT TO TERMINATE YOUR RIGHTS TO USE THE SERVICE IMMEDIATELY, NOTWITHSTANDING PENAL PROVISIONS UNDER THE APPLICABLE LAWS. IN NO EVENT SHALL ABBY MUSIC/ ABBY FILMS OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE ANY SERVICE FOR INTERRUPTED COMMUNICATIONS, DELAY, LOST DATA OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF ABBY MUSIC/ ABBY FILMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL WE OR ANY OF OUR LICENSORS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE APPLICATION OR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DIRECT DAMAGES. THIS CLAUSE SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.