TERMS AND CONDITIONS
APPLICABLE TO WEBSITES AND MOBILE
APPLICATIONS
OF SONY MUSIC ENTERTAINMENT INDIA PRIVATE
LIMITED
Date: 13 Nov 2017
These terms and conditions (the "Terms") govern your access to and
use of Sony Music Entertainment India Private Limited's websites and mobile
applications ("Site"). By accessing or using the Site, you are agreeing to
these Terms and entering into a legally binding contract with Sony Music
Entertainment India Private Limited ("SME"). It is important that you read carefully
and understand the Terms. Do not access or use the Site if you are
unwilling or unable to be bound by the Terms.
Any references to "you"
and "your" refer to you, as a user of the Site. References to "we", "us" and
"our" refer to SME.
1.
CHANGES TO THE TERMS AND CONDITIONS
We may modify the Terms
from time to time. When changes are made, we will notify you by making the
revised version available on this webpage, and will indicate at the top of this
page the date that revisions were last made. All material modifications will
apply prospectively only. You should revisit these Terms on a regular basis as
revised versions will be binding on you. Any such modification will be
effective upon our posting of new Terms. You understand and agree that your continued
access to or use of the Site after any posted modification to the Terms
indicates your acceptance of the modification.
2.
USING THE SITE
A.
Permission to Use the Site: We grant you permission to use the Site subject to the
restrictions in these Terms. We may terminate your permission to use the Site
for any conduct that we consider to be inappropriate, or for your breach of
these Terms, including the Restrictions listed in paragraph 4. Your use of the
Site is at your own risk, including the risk that you might be exposed to
content that is offensive, indecent, inaccurate, objectionable, or otherwise
inappropriate.
B.
Site Availability: The Site may be modified, updated, interrupted, suspended or
discontinued at any time, for any or no reason, without notice or liability to SME.
C.
User Accounts: You
may need to register to use part of the Site. We may reject or require that you
change any user name, password or other information that you provide to us in
registering. Your user name and password are for your personal use only and
should be kept confidential; you are responsible for any use of your user name
and password, and you agree to promptly notify us of any confidentiality breach
or unauthorized use of your user name and password, or your Site account. We
reserve the right to close your account at any time, at our sole discretion,
for any reason whatsoever. Furthermore, we reserve the right to reveal your
identity (including whatever information we know about you) in the event of a
complaint or legal action arising from any message posted by you or when
necessary to protect safety and security.
3.
CONTENT
A.
Responsibility for Your Content: You alone are responsible for the content of your messages,
and you agree to indemnify and hold harmless SME and our agents with respect to
any claim based upon the transmission of your message(s) and/or posting(s). We
reserve the right to remove any messages for any or no reason whatsoever.
B. SME's
Right to Use Your Content: By posting messages, uploading files, inputting data, or
engaging in any other form of communication through this Site, you are granting
SME a royalty-free, perpetual, non-exclusive, unrestricted, fully transferable,
worldwide license to: (1) use, copy, sublicense, adapt, transmit, publicly
perform, or display any such communication; and (2) sublicense to third parties
the unrestricted right to exercise any of the foregoing rights granted with
respect to the communication. The foregoing rights shall include the right to
exploit any proprietary rights in such communication, including but not limited
to rights under copyright, trademark, service mark or patent laws under any
relevant jurisdiction.
C.
Ownership: All material on
the Site, including, but not limited to, text, data, graphics, logos, button
icons, images, audio clips, video clips, links, digital downloads, data
compilations, and software is owned, controlled by, or licensed to SME and is
protected by copyright, trademark, and other intellectual property rights.
Material on the Site is made available solely for your personal, non-commercial
use and may not be copied, reproduced, republished, modified, uploaded, posted,
transmitted, or distributed in any way, including by e-mail or other electronic
means, without the express prior written consent of SME in each instance. You
may download material intentionally made available for downloading from the
Site for your personal, non-commercial use only, provided that you keep intact
any and all copyright and other proprietary notices that may appear on such
materials.
4.
RESTRICTIONS
The following rules,
policies, and disclaimers shall apply to and/or govern your use of the Site
(including, without limitation, any bulletin boards, chat rooms, or other
online services provided on this Site). We do not review every
message or confirm the accuracy or validity of information posted. We do not
actively monitor the contents of the postings and are not responsible for the
content of any postings. We do not vouch for or warrant the validity, accuracy,
completeness, or usefulness of any message or information posted. The contents
of the postings do not represent the views of SME, its labels, or any person or
entity associated with SME. If you feel that any posting is objectionable, we
encourage you to contact us by email. We will make every effort to remove
objectionable content if we deem removal to be warranted. Please understand
that removal or editing of any posting is a manual process and might not occur
immediately.
A.
You agree not to, and will not assist, encourage, or enable others to use the
Site to:
i. Post any material that is knowingly false and/or
defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing,
sexually oriented, threatening, invasive of anyone's privacy, or otherwise in
violation of any law;
ii. Post or
transmit any material in violation of a third party's copyright or other
intellectual property or proprietary rights;
iii. Post or
transmit any information or software that contains a virus, worm, defects, Trojan
horses or other items of a harmful, disruptive or deleterious nature;
iv. Engage in
commercial activity (including, but not limited to, sales, contests or
sweepstakes) without SME's prior written consent;
v. Solicit, request or collect personal information for
commercial or unlawful purposes;
vi. Solicit
personal information from minors;
vii. Send bulk
emails, surveys, or other mass messaging whether commercial in nature or not;
viii. Engage in
keyword spamming, or otherwise attempt to manipulate the Site's search results;
or
ix. Impersonate any
other individual or entity.
B.
You also agree not to, and will not assist, encourage, or enable others to:
i. Restrict or inhibit any other user from using and enjoying
the Site (for examples, by means of hacking or defacement);
ii. Utilize any
robot, spider, site search/retrieval application, or other automated device,
process or means to access, retrieve, scrape or index any portion of the Site;
iii. Remove or
modify any copyright, trademark or other proprietary rights notice that appears
on any portion of the Site or on any materials printed or copied from the Site;
iv. Record, process
or mine information about other users;
v. Reformat or
frame any portion of the Site;
vi. Take any action
that imposes, or may impose, in our sole discretion, an unreasonable or
disproportionately large load on SME's technology infrastructure or otherwise
make excessive traffic demands of the Site;
vii. Attempt to gain
unauthorized access to the Site, user accounts, computer systems or networks
connected to the Site through hacking, password mining or any other means;
viii. Use any device,
software or routine that interferes with the proper working of the Site, or
otherwise attempt to interfere with the proper working of the Site;
ix. Use the Site to
violate the security of any computer network, crack passwords or security
encryption codes; disrupt or interfere with the security of, or otherwise cause
harm to, the Site; or
x. Remove, circumvent,
disable, damage or otherwise interfere with any security-related features of
the Site, features that prevent or restrict the use or copying of Site content
or features that enforce limitations on the use of the Site.
5.
UNSOLICITED SUBMISSIONS
SME and its employees do
not accept or consider unsolicited sound recordings, musical compositions or
any other creative materials (collectively, the "Submission"). If, despite our policy, you still have submitted
unsolicited material to us then SME will not be obligated to treat your
Submission as confidential or proprietary and, by making such a Submission, you
will be deemed to have acknowledged that: (i) SME has
no obligation and shall not be liable to you or to any person claiming through
you based on such Submission and (ii) you relinquish any claim whatsoever based
upon your submission.
6.
PRIVACY POLICY
Use of the Site is also
governed by our Privacy Policy, which is incorporated into these Terms by
reference.
7.
THIRD PARTIES
The Site may include
links to other websites or applications (each, a "Third Party Site"). Unless otherwise noted, SME does not operate,
control or endorse any information, products, or services on any Third Party
Site. You agree that we are not responsible for the availability or contents of
any Third Party Sites and that your use of any Third Party Site is at your own
risk.
8.
INDEMNIFICATION
You agree to indemnify,
defend and hold harmless SME and its affiliated companies, officers, directors,
employees, agents, licensors, and suppliers from and against all losses, expenses,
damages, and costs, including but not limited to reasonable attorneys' fees,
resulting from (i) your access to or use of the Site,
(ii) your violation of the Terms, (iii) your use of any products or services
purchased or obtained by you in connection with the Site, or (iv) the
infringement by you, or any third party using your account, of any intellectual
property or other right of any person or entity. SME reserves the right, at
your expense, to assume the exclusive defense and control of any matter subject
to indemnification by you.
9.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT
LIMITS THE LIABILITY OF SME AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS.
EACH OF THESE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED
UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY
HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
A. THE SITE IS MADE AVAILABLE TO YOU ON AN
"AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SITE IS AT
YOUR OWN DISCRETION AND RISK. SME MAKES NO CLAIMS OR PROMISES ABOUT THE
QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE
SITE CONTENT. ACCORDINGLY, SME IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT
MIGHT ARISE FROM YOUR USE OF THE SITE.
B. SME EXPRESSLY DISCLAIMS ALL WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE.
C. SME, ITS AFFILIATES, AND ITS SPONSORS ARE
NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR
RELATING IN ANY WAY TO THE SITE OR ANY THIRD PARTY SITE. YOUR
SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE,
RELATED SERVICES AND/OR ANY THIRD PARTY SITE SHALL BE YOUR TERMINATION AND
DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
D. SME DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SITE OR ANY THIRD PARTY SITE, OR THE SERVERS THAT MAKE
THEM AVAILABLE, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
E. SME DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE OR ANY
THIRD PARTY SITE.
F. SME MAKES NO REPRESENTATIONS OR WARRANTIES
REGARDING HOW OFTEN THE MATERIALS OR INFORMATION POSTED ON THE SITE WILL BE
UPDATED (IF AT ALL) OR THE NUMBER OR IDENTIFICATION OF THE RECORDING ARTISTS OR
OTHER INDIVIDUALS (IF ANY) THAT WILL BE FEATURED ON THE SITE.
10.
VOID WHERE PROHIBITED
Although this Site is
accessible worldwide, not all products or services discussed or referenced on
this Site are available to all persons or in all geographic locations. SME
reserves the right to limit, in its sole discretion, the provision and quantity
of any product or service to any person or geographic area it so desires. Any
offer for any product or service made in this Site is void where prohibited.
11.
MAKING PURCHASES
If you wish to purchase
products or services described on the Site, you may be asked to supply certain
information including credit card or other payment information. By initiating a
transaction you warrant and represent that you (A) are twenty-one (21) years of
age or older and (B) have the legal right to use the payment means you select.
You agree that all information that you provide will be accurate, complete and
current. You agree to pay all charges, including shipping and handling charges,
incurred by users of your credit card or other payment mechanism at the prices
in effect when such charges are incurred. You will also be responsible for
paying any applicable taxes relating to your purchases. SME will be entitled to
change the pricing and availability of any particular product(s) or service(s)
without prior notice at any time. SME does not offer refunds in the event of
temporary or permanent price drops following purchase at higher prices. All
sales of digital content are final.
12.
RULES FOR PROMOTIONS
Any contests,
sweepstakes, surveys, games or similar promotions (collectively "Promotions") made available through the
Site may be governed by specific rules that are separate from these Terms. By
participating in any such Promotions, you will become subject to those rules,
which may vary from the Terms set forth herein. SME advises you to review
carefully any specific rules applicable to a particular Promotion and to review
our Privacy Policy which, in addition to these Terms, governs any information
you submit in connection with such activities. To the extent that the rules for
a Promotion conflict with these Terms, the Promotion rules shall control.
13.
CHOICE OF LAW AND VENUE
These Terms shall be
governed by, and construed in accordance with, the laws of the State of India.
Each party submits to the exclusive jurisdiction of India.
14.
GENERAL TERMS
A. In the event that any of the provisions
of the Terms are held by a court or other tribunal of competent jurisdiction to
be unenforceable, such provisions shall be limited or eliminated to the minimum
extent necessary so that the Terms shall otherwise remain in full force and
effect.
B. The Terms contain the entire agreement
between you and us regarding the use of the Site, and supersede any prior
agreement between you and us on such subject matter. The parties
acknowledge that no reliance is placed on any representation made but not
expressly contained in these Terms.
C. We may provide you with notices, including those
regarding changes to the Terms by email, regular mail or communications through
the Site.
D. Any failure by SME to exercise or enforce
any right or provision of the Terms does not constitute a waiver of such right
or provision. The failure of either party to exercise in any respect any right
provided for herein shall not be deemed a waiver of any further rights hereunder.
E. The Terms are not
assignable, transferable or sublicensable by you
except with SME's prior written consent, but may be assigned or transferred by
us without restriction. Any assignment attempted to be made in violation of the
Terms shall be void.
F. The section titles in the Terms are for
convenience only and have no legal or contractual effect.
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