Terms of Service

Last Updated: September, 2016

IMPORTANT:

This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and various other statutes. This electronic record is generated by a computer system and does not require any physical or digital signatures.

  1. Acceptance of the Terms of Use

Welcome to LeEco. We and our group of Affiliates provide websites, features on websites, and other products and services when you use or purchase from our websites, or use our products or software. These terms of use are entered into by and between you and Le Ecosystem Technology India Private Limited and our Affiliates (“Company”, “LeEco”, “we” “our” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your purchase, access and use of products and services offered by or on behalf of LeEco, including those offered or provided on mobile phones, televisions, TV Boxes, accessories, websites, and software, including mobile applications ("LeEco Services").

For the purposes of these Terms of Use, “Affiliate” means the group of entities which are controlling, controlled by or under common control with Le Ecosystem Technology India Private Limited, and “control” means possessing, directly or indirectly, the power to direct or cause the direction of the management, policies or operations of an entity, whether through ownership of voting securities, by contract or otherwise.

Please read the Terms of Use carefully before you use the Website. By using the Website, you accept and agree to be bound by these Terms of Use, as well as the terms in our privacy policy, found here. If you do not want to agree to these Terms of Use or the Privacy Policy, you should not access or use the Website.

We offer a range of products and services, and additional terms and fees may apply to particular LeEco Services. Those additional terms will be available with the relevant LeEco Services and become part of your agreement with us if you use those LeEco Services. In case of a conflict between these Terms of Service and those additional terms, the additional terms will control for that conflict.

These Terms of Service are intended for users and purchasers of LeEco Services located in India. If you have purchased, accessed or used a LeEco Service outside India, please consult the applicable LeEco terms and conditions for your territory. To the extent that there is a conflict between the applicable LeEco terms and conditions for your territory and these LeEco Terms of Use, , the applicable LeEco terms and conditions for your territory will prevail.

  1. Minimum Age

LeEco may provide access to content, products or services on the Website that are not appropriate for minors, i.e., persons under the age of 18. Minors may only access or use the Website under the supervision of a parent or legal guardian.

  1. Privacy

Personally identifying information is subject to our Privacy Policy, which is incorporated and made a part of these Terms of Use. Please review our Privacy Policy to understand how we collect and use your information when you use LeEco Services.

  1. Notices from LeEco

If LeEco needs to contact you about your LeEco Services or account, by signing up for or using any LeEco Services, you consent to receive the notices electronically in the manner consistent with the contact information you provide, including email, text messages, or other communications between your desktop or mobile device and us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

  1. Using LeEco Services

Subject to your compliance with these Terms of Service and your payment of any applicable fees, LeEco grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and make personal and non-commercial use of the LeEco Services. Additionally, the software license terms found below apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with LeEco Services. No portion of the LeEco Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the LeEco Services, in any manner, and you will not exploit the LeEco Services in any unauthorized way whatsoever, including but not limited to, using the LeEco Services to transmit any computer viruses, worms, Trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the LeEco Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that LeEco is not in any way responsible for any such use by you.

  1. Accounts and Security.

Use of the LeEco Services may require an account ID and may be subject to fees and different or additional terms depending on the service. You are responsible for maintaining the confidentiality of your account ID and password for each LeEco Service. You agree to notify us immediately at Privacy-IN@le.com of any unauthorized use or theft of your account or any other breach of security. You are responsible the activity that happens on or through your account.

  1. Cloud Services.

If LeEco offers cloud services and you register for cloud services, certain cloud features, including, but not limited to, cloud photo library, photo stream, cloud photo sharing, back up and phone locator functionality may be accessed directly from the LeEco Services. Your use of cloud services and these features is subject at all times to the terms and conditions of the cloud services as made available to you and updated from time to time.

If you choose to use any synchronization (“sync”) features included as part of the LeEco Services to synchronize your bookmarks, notes, collections, and blog or podcast subscription data across your LeEco Services and devices, you acknowledge that data related to those sync features will be sent to LeEco and stored in conjunction with your LeEco account ID in order to sync among the devices that are authorized to access synced content through your account ID.

By using any of the LeEco Services, you may encounter content, including content, data, information, applications or materials from third parties (“Third Party Materials”), including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services, or links to web sites or applications. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the LeEco, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the LeEco, and may contain subject matter or language that is not appropriate for all ages, so viewer discretion is advised. While we do not review all content, we may review and remove content that we believe violates our policies or applicable law. We do not assume responsibility or liability to you or any other person for third-party services, Third Party Materials or third party web sites or applications, or for any other materials, products, or services of third parties. To the extent you choose to use or access any LeEco Services and Third Party Materials, you are responsible for your compliance with any applicable laws, including territory restrictions.

  1. Limitations on the Services.

LeEco Services and Third Party Materials that may be accessed, linked to or displayed in the LeEco Services are not available in all languages, countries or regions. Neither LeEco nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any LeEco Services and such information should not be relied upon as accurate. LeEco and its licensors reserve the right to change, suspend, remove, or disable access to any LeEco Services at any time with or without notice. LeEco may impose limits on the use of or access to certain LeEco Services, for any reason and without notice or liability.

  1. Software License Terms

The following software license terms apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with LeEco Services.

The software (including embedded software and third party software), documentation, interfaces, content, fonts and any data that came with your device or that is provided to you as part of LeEco Services, as applicable ("Original LeEco Software"), as may be updated or replaced by feature enhancements, software updates or system restore software provided by LeEco ("LeEco Software Updates"), whether in read-only memory, on any other media or in any other form (the Original LeEco Software and LeEco Software Updates are collectively referred to as the "LeEco Software") are licensed, not sold, to you by or on behalf of LeEco for use only under the terms of these Terms of Service. LeEco and its licensors retain ownership of the LeEco Software and reserve all rights not expressly granted to you in this License. You agree that the terms of this License will apply to any LeEco Software, unless it is accompanied by a separate license, in which case you agree that the terms of that separate license will govern your use of that software or application.

LeEco, in its discretion, may make available future LeEco Software Updates for your device. The LeEco Software Updates, if any, may not necessarily include all existing software features or new features that LeEco releases for newer or other models. The terms of this License will govern any LeEco Software Updates provided by LeEco that replace and/or supplement the Original LeEco Software, unless such LeEco Software Update is accompanied by a separate license, in which case the terms of the separate license will govern.

  1. Permitted License Uses and Restrictions.

Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to use the LeEco Software on a single device. Unless provided in a separate agreement between you and LeEco, this License does not allow the LeEco Software to exist on more than one device at a time, and you may not distribute or make the LeEco Software available over a network where it could be used by multiple devices at the same time. This License does not grant you any rights to use LeEco proprietary interfaces or other technology or intellectual property in the design, development, manufacture, licensing or distribution of third party devices or accessories, or third party software applications, including for use with any LeEco Service.

You may not, and you agree not to or permit or assist others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the LeEco Software or any services provided by the LeEco Software or any part thereof (except as and only to the extent these restrictions are prohibited by applicable law).

Automatic application updates may be available for the LeEco Software, and if you choose to allow automatic application updates, your LeEco Software will periodically check with LeEco for updates to the apps on your device and, if one is available, the update will automatically download and install onto your device.

You may not rent, lease, lend, sell, redistribute, or sublicense the LeEco Software. You may, however, make a one-time, permanent transfer of all of your license rights to the LeEco Software to another party in connection with the transfer of ownership of your associated LeEco device, provided that: (a) the transfer must include your LeEco device and all of the LeEco Software, including all its component parts, original media and this License; (b) you do not retain any copies of the LeEco Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the LeEco Software reads and agrees to accept the terms and conditions of this License.

  1. LeEco Product and Services Information

The information presented on or through LeEco websites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to an LeEco website, or by anyone who may be informed of any of its contents.

  1. Proprietary Rights

All information, content, materials, products (including software), text, graphics, logos, images, audio or visual clips, complications of content and other services included in or otherwise made available to you through the LeEco Services (collectively, the "LeEco Content") are proprietary works owned by LeEco or its content providers and are protected by Indian and international intellectual property laws. All right, title and interest in and to the LeEco Content, including, but not limited to, all copyright, moral rights, patent, patent registration, service mark, service name, trade name, trade secret, trademark, or other proprietary right arising or enforceable under any Indian law, rule or regulation, non-Indian law, rule or regulation or international treaty, is the exclusive property of LeEco or its content providers. All rights not expressly granted to you in these Terms of Service are reserved and retained by LeEco or its content providers. Your use of LeEco Content, including, news, entertainment and other content offered by LeEco, is limited solely to your personal, noncommercial use, does not transfer any ownership interest to you in the LeEco Content, and specifically excludes, without limitation, any commercial or promotional use rights in the LeEco Content. Except as otherwise expressly provided in an application, you may not republish, retransmit or reproduce any images accessed through any application.

  1. Trademark Use.

The name LeEco, LeTV, LeMall.com and all related names, logos, product and service names, designs and slogans, and website elements, designs and scripts are trademarks or trade dress of LeEco and its affiliated companies. LeEco’s trademarks and trade dress may not be used in connection with any product or service that is not ours, in a manner that is likely to cause confusion among customers, that dilutes its uniqueness, or that disparages or discredits us. All other names, logos, product and service names, designs and slogans accessible through LeEco are the property of their respective owners.

  1. User Content.

To the extent that you upload any content through the use of the LeEco Services, you represent and warrant that you own all rights in, or have the legal right to upload, such content and that such content does not violate these Terms of Use or any other terms applicable to the LeEco Services and that the uploaded content is not obscene, illegal, threatening, infringing any copyright, trademark, right of publicity or other intellectual property right, defamatory, violative of privacy rights or otherwise objectionable. LeEco is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the LeEco Services, including the LeEco websites, applications and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the LeEco Services. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.

  1. Copyright Infringement

If you are a copyright owner or an agent thereof and believe that any content, information, or communication on the Website, including any content posted by a user, infringes upon your copyright you may submit a written notice of infringement to our Copyright Agent (designated below). The written notice must include the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

For the fastest processing of your request, written notice should be sent to our designated Copyright Agent to Copyright-IN@le.com.

Alternatively, notices of infringement should be directed to the following Designated Agent of LeEco:

Legal Department,

7th Floor, Umiya Business Bay, Cessna Business Park, 11 & 13/2, Kadubeesanahalli Village, Outer Ring Road, Varthur Hobli, Bangalore – 560103

If you submit a notice of infringement that knowingly materially misrepresents that any material or activity on the Website is infringing upon a copyright, you may be held liable for damages (including costs and attorneys’ fees).

It is the policy of the LeEco to terminate the user accounts of repeat infringers.

  1. Third Party Terms

Portions of the LeEco Services may utilize or include third party software and other copyrighted material. Your use of third party material is governed by the respective terms of those third parties.

  1. Disclaimer of Warranties and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LEECO SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LEECO SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY, GUARANTY OR CONDITION OF ANY KIND, AND LEECO AND LEECO’S LICENSORS HEREBY DISCLAIM ALL WARRANTIES, GUARANTEES AND CONDITIONS WITH RESPECT TO THE LEECO SERVICES OR INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LEECO SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES, GUARANTEES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LEECO AND LEECO’S LICENSORS DO NOT WARRANT THAT THE OPERATION OF THE LEECO SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY LEECO SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE LEECO SERVICES WILL BE CORRECTED, OR THAT THE LEECO SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF SOFTWARE CONTAINED IN THE LEECO SERVICES MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, AS WELL AS LEECO SERVICES.

LEECO DOES NOT ASSUME ANY LIABILITY FOR PURCHASES, PAYMENTS, TRANSACTIONS, OR OTHER ACTIVITY USING PAYMENT FEATURES OF THE LEECO SERVICES, AND YOU AGREE TO LOOK SOLELY TO AGREEMENTS YOU MAY HAVE WITH YOUR ISSUING BANK, PAYMENT NETWORK, OR MERCHANT TO RESOLVE ANY QUESTIONS OR DISPUTES RELATING TO YOUR SUPPORTED CARDS, VIRTUAL SUPPORTED CARDS AND ASSOCIATED COMMERCE ACTIVITY.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL LEECO, ITS AFFILIATES OR LICENSORS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS OR PRINCIPALS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LEECO SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE LEECO SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF LEECO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL LEECO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF RUPEES TEN THOUSAND ONLY (INR 10,000/-). THESE LIMITATIONS ARE INTENDED TO APPLY EVEN IF THE FOREGOING REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IF ANY PROVISION OF THESE TERMS OF SERVICE IS HELD TO BE INVALID, ILLEGAL, OR UNENFORCEABLE, THE VALIDITY, LEGALITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS WILL REMAIN IN FULL FORCE AND EFFECT.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN KINDS OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

  1. Indemnification

You agree to defend, indemnify and hold harmless LeEco, its Affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the LeEco Services, including, but not limited to, your User Contributions, any use of the LeEco Content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the LeEco Services.

  1. Governing Law and Jurisdiction

You agree that the laws of India, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute or claim arising between you and LeEco. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use.

  1. Additional Terms

We reserve the right to make changes to the terms of our applicable privacy and other policies, these Terms of Use, and other applicable terms of use at any time. If any applicable terms shall be deemed invalid, void, or for any reason unenforceable, such term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.

  1. Dispute Resolution

Your satisfaction is our priority. However, if you are dissatisfied in any way relating to LeEco Services, you agree to the following dispute resolution procedure:

  • First, you agree to contact us to discuss any dispute informally for 30 days. Please contact us by sending your full name, user ID and contact information, your concern and your proposed solution to: Privacy-IN@le.com.
  • If we cannot resolve your concern after 30 days, you agree that your claim will be resolved by binding arbitration before a sole arbitrator appointed mutually, under the provisions of the Arbitration and Conciliation Act, 1996.
  1. Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

  1. Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and LeEco with respect to LeEco Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to LeEco Services.

  1. Your Comments and Concerns

All feedback, comments, requests for technical support and other communications relating to the LeEco Services should be directed to: indiasupport@le.com.