Acceptance of Terms:
By clicking "I Agree", installing, accessing, or using the ottrun application (“App”), you confirm that you have read, understood, and agree to be legally bound by these Terms and Conditions (“Agreement”). If you do not agree, you may not install or use the App.
IMPORTANT NOTICE:-
OTTRUN is designed to be used with users’ own created content or added playlists with legal content.
The OTTRUN application functions solely as a media player—it displays and plays only the content that the user inputs.
OTTRUN does not endorse or support the streaming of copyrighted material without permission or authorization from the copyright owner. We Expeditiously Act on Any Copyright Complaint And reserve the right to suspend or terminate accounts found violating copyright laws.
OTTRUN does not provide any content or playlists. OTTRUN can play extensions such as 3g2, 3gp, 3gp2, 3gpp, amv, asf, avi, divx, drc, dv, f4v, flv, gvi, gxf, webm, wm, wmv, wtv, xesc, m1v, m2v, m2t, m2ts, m4v, mkv, mov, mp2, mp2v, mp4, mp4v, mpe, mpeg, mpeg1, mpeg2, mpeg4, mpg, mpv2, rec, rm, rmvb, tod, ts, tts, vob, vro, iptv.
OTTRUN allows the users to load content (local data) from their device or play the playlist of their own. In addition to this, the users can also load single streams from the URLs they enter in the play a single stream option. OTTRUN Application means the mobile application available on the Apple Store, Google Play Store and the OTTRUN website.
INTRODUCTION
Thanks for choosing OTTRUN (“we,” “us,” or “our”). OTTRUN provides an advanced video player mobile application for the Android and iOS platforms, allowing users to play their own content, such as photos, videos, and streaming media.
By signing up for or otherwise using the OTTRUN mobile application, websites and user interfaces, whether accessed through our Website, Play Store, App Store or otherwise available to you, you acknowledge and agree that you have entered into a binding contract with OTTRUN.
Your agreement with us includes these Terms and any additional terms that you agree to, as discussed in the Entire Agreement section below, other than terms with any third parties (collectively, the “Agreements”). The Agreements include terms regarding future changes to the Agreements, privacy policy, copyright infringement complaint process, disclaimers on the mobile applications, limitations of liability, privacy, waiver of class actions, and resolution of disputes by arbitration instead of in court(s).
You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) any part of the Agreements, you must not access and/or use OTTRUN.
In order to use the OTTRUN and access any content through it, you must (1) be at least 18 years or older, or at least 13 years or older with parental or guardian consent to the Agreements, and (2) have the legal capacity to enter into a binding contract with us and not be barred from doing so under any applicable or governing laws. You also affirm that all registration information that you provide to OTTRUN is true, accurate, and complete, and you would notify OTTRUN in case of a change in any information so provided.
CHANGES TO THE AGREEMENTS
From time to time, we may update or modify these Agreements. When we make material changes to the Agreements, we may provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the OTTRUN Application or by sending you an email. In certain cases, we will notify you in advance, and your continued use of the OTTRUN after the changes have been made will constitute your acceptance of the changes. We encourage you to carefully review any such notices.
If you do not agree to the updated version of the Agreements and prefer not to continue using the application under the new terms, you may terminate your account by contacting us directly.
OTTRUN MOBILE APPLICATION
BASIC VERSION
OTTRUN is available free of charge, and users may view only their own content i.e. photos, videos and streams without any costs. Please note that OTTRUN does not provide or distribute any content whatsoever.
Technical issues could occur in technology products and we may interrupt the access to OTTRUN for any maintenance or improvements to the player. You may be notified of such upgrades or maintenance by OTTRUN.
NO CONTENT PROVIDED:
OTTRUN does not provide or host any media, content, channels, or playlists. Users are solely responsible for the content they load, stream, or access using the App. OTTRUN functions only as a player.
INTELLECTUAL PROPERTY RIGHTS
The OTTRUN is the property of Nath Network & Telecom Inc. We own exclusive Intellectual Property associated with our player including any trademarks, patents, copyrights and proprietary code. We grant you limited, non-exclusive, revocable permission to use the OTTRUN to play your own content (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or OTTRUN. We may terminate your access on grounds of any complaint alleging your infringement of intellectual property rights of others.
All trademarks, trade names, logos, domain names, and other brand elements associated with OTTRUN are the exclusive property of OTTRUN or its licensors.
4.1 Copyright and Intellectual Property Rights
Disclaimer: Player-Only Role Under IT Act
OTTRUN functions solely as client-side video player (like VLC) and does not operate any backend server for hosting or streaming content. Users themselves must provide or configure third-party URLs, playlists, or external sources. Because we neither host nor control the underlying content or network infrastructure, we cannot block or intercept any streams; the relevant ISP or content host remains the proper entity for takedowns. As we only perform transient, local buffering without editorial control, we are exempt from hosting/publishing obligations under Rule 3(1)(e) of the IT Rules. Nevertheless, we respect intellectual property rights and, upon receiving a valid request or court order, we may disable user access if they repeatedly engage in unlawful activity—while noting that actual removal of infringing content must be pursued with the hosting provider or ISP.
USER-GENERATED CONTENT
You are solely responsible for all the Content that you play or stream or access. OTTRUN is not responsible for Content you access nor does it endorse any opinion contained in any Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST OTTRUN OR ITS AFFILIATES, RELATED TO USER CONTENT THAT YOU ACCESS, THEN, YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT YOU ACCESS AND NOT OTTRUN AND TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD OTTRUN HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
RIGHTS YOU GRANT US
USER GUIDELINES
OTTRUN respects all laws and agreements and intellectual property rights and expects you to do the same. You must follow these rules and should encourage other users to do the same.
The following is not permitted for any reason:
Please respect OTTRUN, the owners of the Content, and other users of the OTTRUN Application. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
INFRINGEMENT AND REPORTING USER CONTENT
OTTRUN respects the rights of intellectual property owners and acts expeditiously on any complaints relating to copyrights violations. In this regard a specific Copyright Infringement Redressal Policy has been set up which can be accessed here (www.ottrun.com/copyright-complaint). If you believe that any Content infringes your intellectual property rights or other rights, please contact OTTRUN and notify us through our legal partner, Prodigy Legal , at [email protected] .
Complaints must include all necessary documentation for proper evaluation, such as identification of the copyrighted work, proof of ownership, the infringing material's location within the application, and a signed declaration under penalty of perjury.
OTTRUN may suspend the account of such users or take other appropriate steps without prior notice. Users who believe their content was removed in error may submit a counter-notification under applicable laws.
OTTRUN may in its sole discretion suspend the account of such users from the Application, or take other steps that OTTRUN deems appropriate, without prior notification to the user or other party who supplied or posted that Content. If such user or other party believes that the Content is not infringing, he or she may in certain circumstances submit a counter-notification to OTTRUN with a request to restore their disabled account, which OTTRUN may or may not honour, in OTTRUN sole discretion. For Copyright complaints, please use our copyright complaint policy at www.ottrun.com/copyright-complaint.
OTTRUN does not store any content accessed by the Users or keep cached files, or has any interaction with the content so posted by the Users. Therefore, the only remedy in cases of a copyright violation for OTTRUN is the removal of account that accessed such copyrighted content or a warning towards removal of such account whatever OTTRUN deem fit.
SERVICE LIMITATIONS AND MODIFICATIONS
OTTRUN will make reasonable efforts to keep the OTTRUN Application operational and functional. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. OTTRUN reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the OTTRUN Application, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the OTTRUN Application or any function or feature thereof.
CUSTOMER SUPPORT
For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our Customer Service department using form available on the Contact Us page on our website. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.
EXPORT CONTROL
OTTRUN Application may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions.
You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of the OTTRUN Application (including products derived from or based on such technology) received from OTTRUN under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations.
TERM AND TERMINATION
These Agreements shall remain in effect until terminated by either you or OTTRUN. However, you acknowledge and agree that the perpetual license granted by you in relation to Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. OTTRUN may terminate the Agreements or suspend your access to the OTTRUN Application at any time, including in the event of your actual or suspected unauthorized use of the OTTRUN Application, or non-compliance with the Agreements, or if we withdraw the access to Application (in which case we shall provide you with reasonable notice in advance of doing so). If you or OTTRUN terminate the Agreements, or if OTTRUN suspends your access to the OTTRUN Application, you agree that OTTRUN shall have no liability or responsibility to you, and OTTRUN will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreements at any time. This section will be enforced to the extent permissible by applicable law.
Sections 7, 8, 9, 11, 15, 16, 17, 18, 19, 20, 21, 22, and 23 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
WARRANTY DISCLAIMER
YOU UNDERSTAND AND AGREE THAT THE OTTRUN APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. OTTRUN AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. OTTRUN DOES NOT WARRANT THAT THE OTTRUN APPLICATION IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, OTTRUN MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE OTTRUN APPLICATION AND OTTRUN IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM OTTRUN SHALL CREATE ANY WARRANTY ON BEHALF OF OTTRUN. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
LIMITATION AND TIME FOR FILING
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE OTTRUN APPLICATION IS TO UNINSTALL THE OTTRUN APPLICATION AND TO STOP USING THE OTTRUN APPLICATION. YOU AGREE THAT OTTRUN HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE OR YOU ACCESS THROUGH OR IN CONNECTION WITH THE OTTRUN APPLICATION, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO OTTRUN, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
IN NO EVENT WILL OTTRUN, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OTTRUN APPLICATION, DEVICES THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER OTTRUN HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE OTTRUN APPLICATION, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO OTTRUN DURING THE PRIOR TWELVE MONTHS IN QUESTION.
YOU AGREE THAT ANY CLAIM AGAINST OTTRUN MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION UNDER SECTION (22.2) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THIRD PARTY RIGHTS
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and OTTRUN, and in no event shall the Agreements create any third-party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple.
This Agreement is between you and OTTRUN only, not with Apple, and Apple is not responsible for the Application and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Application. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including: (1) product liability claims; (2) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that the Application and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the Application. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
ENTIRE AGREEMENT
Other than as stated in this section or as explicitly agreed upon in writing between you and OTTRUN, the Agreements constitute all the terms and conditions agreed upon between you and OTTRUN and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
SEVERABILITY, WAIVER AND INTERPRETATION
ASSIGNMENT
OTTRUN may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and OTTRUN may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless OTTRUN, its affiliates, licensors, officers, directors, employees, and agents (collectively, "Indemnitees") from and against any and all damages, losses, claims, actions, proceedings, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in connection with:
(1) your breach of the Agreements or any one of them;
(2) any user content you play, access, watch, post, transmit, or otherwise contribute through the OTTRUN Application;
(3) any activity in which you engage on or through the OTTRUN Application; and
(4) your violation of any law or the rights of a third party.
GOVERNING LAW / JURISDICTION
The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of Astoria USA, without regard to the choice or conflicts of law principles. The Arbitration Agreement as explained in paragraph 22 applies to all users.
DISPUTE RESOLUTION AND ARBITRATION
You and OTTRUN agree that any dispute, claim, or controversy between you and OTTRUN arising in connection with or relating in any way to these Agreements or to your relationship with OTTRUN as a user of Application (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual (not class) arbitration. You and OTTRUN further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
NO CLASS OR REPRESENTATIVE PROCEEDINGS: CLASS ACTION WAIVER
YOU AND OTTRUN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and OTTRUN agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
ARBITRATION RULES
Either you or we may start arbitration proceedings. Any arbitration between you and OTTRUN will take place in accordance with the prevailing laws of India, as modified by this Arbitration Agreement. You and OTTRUN agree that the American Arbitration Association (AAA) rules applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). Any arbitration hearings will take place in Astoria USA.
NOTICE; PROCESS
Before initiating arbitration, the party seeking arbitration (the "Claimant") must first provide written notice to the other party (the "Recipient") detailing the nature
and basis of the dispute, as well as the specific relief sought. This notice (the "Notice") must be sent via certified mail to the Recipient, or, if no physical address is available for the Recipient, by electronic mail.
OTTRUN’s address for Notice is: 2112 27th Rd, Astoria, NY 11102, USA
The Notice must (1) describe the nature and basis of the claim or dispute; and (2) setting forth the specific relief sought (“Demand”).
Upon receipt of the Notice, OTTRUN and the Claimant agree to make good faith efforts to resolve the dispute directly. The parties will have 30 days from receipt of the Notice to attempt to resolve the dispute amicably. If the parties do not reach a resolution within the 30-day period, either party may initiate an arbitration proceeding in accordance with the provisions set forth in the Agreements.
Any settlement offer made during the arbitration process by either party shall not be disclosed to the arbitrator until after the arbitrator has rendered a final decision and award, if any. All documents and information disclosed in the course of the arbitration must be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.