The Terms and Conditions of use set forth herein apply to the website titled www.artistaloud.com which is owned, operated, licensed and controlled by Hungama Digital Entertainment Media Private Limited (hereinafter referred to as "Hungama", "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 is for the purpose of providing digital content including sound recordings, video recordings, mobile wallpapers, ringtones and other entertainment applications. Users are not permitted to reproduce, distribute, modify, display or make use of the contents of this website, except download material in temporary storage on one computer/mobile solely for their personal and non-commercial use. Any unauthorized use of the services and content of the website may violate copyright laws, trademark laws as well as the laws of privacy and Hungama is not responsible for the same. 'Unauthorized use' shall mean and include any usage of the digital content provided on this website 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.
To avail the services being provided on the website, you will be required to submit the information/data as required at the time of registering with the website. You agree to provide Hungama with accurate, complete and updated registration information. If you do not provide Hungama with accurate, complete and updated registration information, you are not authorized to use the services of the website and Hungama 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 Hungama to verify your registration data as may be required for your use of and access to the services of the website, as applicable.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, 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 is owned, controlled or licensed by or to Hungama or its licensors, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Source Content 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, created or collated by Hungama from the Source Content, may be granted by Hungama to you for personal and non-commercial use under this Agreement strictly in accordance with these terms and conditions and the end use license agreement. Such Source Content may also include ring-tones, mono tones, poly-tones, true-tones, sing-tones, created, converted or inspired from the Source Content.
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.
Refers to those users who do not subscribe to any subscription plans to avail any paid services available on the website 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.
Refers to those users who do not subscribe to any subscription plans to avail any paid services available on the website 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.
Refers to any user who enrolls subscription for services covered under terms and conditions of end user license agreement.
The duration of the validity of your accessibility to the website and the content, depends upon the plan you have subscribed and the payment you have made.
You and Hungama shall individually be referred to as "the Party" and collectively as "the Parties" unless otherwise stated.
The services include:
1) On-demand streaming of full length tracks, audio/visual or certain other premium features;
2) Mobile wallpapers;
3) Music Videos; and
5) Audio and Video Upload
6) Distribution Deal
7) Promotional Plan
USER ACCOUNT & SECURITY
USER ACCOUNT & SECURITY All registered users shall have a user name and password. It shall be the sole responsibility of the users 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. Hungama is not liable 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 Hungama 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 Hungama and/or other users due to such unauthorized use. In consideration of your use of the website 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 and/or the services provided there under.
When you register as a user of the website, from time to time, might, initially allow you to have an option to avail one of the services of your choice, free of cost, as provided on the website. This is a free trial given to newly registered users during which users can try out any one service for free of cost for a limited period as may be prescribed for particular services ("Free Service Period"). Before expiry of the said Free Service Period, you shall be given an option to discontinue or continue the services on the website. If you chose to continue, you will have to pay for the services as per your selection from the options provided on the website. The Free Service Period will expire anytime after midnight on the last day of the Free Service Period. If you subscribe to a service after you have already received/completed a Free Service Period on such service, you will have to pay immediately upon registration. Free service is also limited to one per credit card. Should 2 (two) customers use the same credit card to subscribe to website services; only the first customer is eligible to receive a Free Service Period.
FEE & PAYMENTS
The Price List for each service is displayed on the 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.
Hungama's website allows the users to subscribe to the content available on the website, using the following forms of payments, Hungama may withdraw any of the following payment option at its sole discretion:
1) Credit Cards;
2) Debit Cards;
3) 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 Hungama. You must provide the website 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 authorities verify the validity of the new payment card or mode other than the unlimited download pack, for which the user will have to make a transaction on the website.
You agree, understand and confirm that the credit card details provided by you for availing of services on the website will be correct and accurate and you shall not use the credit card which is not lawfully owned by you.
Hungama 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 Hungama on time. If for any reason Hungama 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 Hungama.
Hungama is not responsible for your delay in making payments to Hungama and hence in the event your account is deactivated if there are unpaid dues from you, Hungama is not responsible and you may have to re-register yourself on the website.
You further agree and undertake that you are accessing the services available on this website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this website.
Hungama accepts no responsibility/liability for any errors or omissions, whether on behalf of itself or third parties. Further Hungama 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 Hungama 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 Hungama. 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 Hungama.
Your request to license a track by downloading is personal to you, and the track shall not be used, sold, rented, transferred, licensed or otherwise provided to any other person/user by you. License to downloaded tracks include only those rights explicitly stated in the services (typically, the right to play back for your own personal use from your personal computer, CD player, digital player, or other personal consumer electronic devices including a Mobile Device), and, for the avoidance of doubt, does not include the right to create a derivative work, to make copies other than for your own personal use, or to use the track in any commercial manner. Please note that your Mobile Service Provider may charge you for downloading and/or using the services of the website on your Mobile Device, Hungama takes no responsibility for any such charges levied by any Mobile Service Provider.
You shall promptly notify Hungama in writing upon your discovery of any unauthorized use or infringement of the services (or its contents) or Hungama'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, 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. Hungama reserves the right (but not the obligation) to remove or edit such content
If you do post content or submit material, and unless we indicate otherwise, you grant Hungama a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Hungama and/or its sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy; that the content you supply does not violate any law in force in India and will not cause injury to any person or entity; and that you will indemnify Hungama for all claims resulting from the content you supply. Hungama takes no responsibility and assumes no liability for any content posted by you or any third party.
You are solely responsible for the content including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like that you post on the website, and any material or information that you transmit to other users and for your interactions with other users. Hungama does not endorse and has no control over such content that you post. Hungama makes no warranties, express or implied, as to the content posted/submitted by you or to the accuracy and reliability of such content or any material or information that you transmit to other users.
Hungama 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. Hungama assumes no responsibility for inappropriate postings/content posted by you/users or conduct of the users on this website. If at any time Hungama chooses, in its sole discretion, to monitor the postings, Hungama nonetheless assumes no responsibility for the postings and no responsibility for the conduct of the user submitting any such postings/content.
KINDLY NOTE THAT HUNGAMA PROHIBITS PORNOGRAPHY ON ITS WEBSITE. Please choose carefully the information you post on the website 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 Hungama assumes no responsibility or liability for this material. If you become aware of misuse of the services provided by Hungama by any person, please contact Privacy Coordinator.
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 and you have not exhausted the downloads permitted to you under the applicable payment plan, we shall refund to you the unutilized share of your prepaid subscription fee for the remaining unused downloads which shall be calculated on a pro-rata basis incase of unlimited usage accounts.
The failure of Hungama to take any action in respect of a breach of these terms and conditions shall not constitute a waiver of their enforceability. Hungama reserves its rights in respect of these terms and conditions at all times.
LINKS TO OTHER SITES:
The website 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 Hungama's control, and Hungama 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 Hungama 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, Hungama will make reasonable efforts to rectify the snag as early as possible.
If, for any technical reason and under unavoidable circumstances Hungama 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 catalog may no longer be available due to technical or contractual rights, Hungama reserves right to change and replace the tracks or albums or any other content available at any time.
Under the said circumstances, Hungama 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 or anyone else; (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 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 in a manner that sends more request messages to the Hungama 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, Hungama 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. Hungama 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 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 will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
AS PROVIDED ABOVE, ALL INFORMATION, TECHNOLOGY AND SERVICE PROVIDED SHALL, AT ALL TIMES, BE ON A "AS IS" AND "AS AVAILABLE" BASIS AND HUNGAMA HEREBY STATES THAT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION IS NOT UNDERTAKEN BY HUNGAMA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HUNGAMA 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. HUNGAMA MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION SHALL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES HUNGAMA 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. HUNGAMA 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:
HUNGAMA HAS MADE THIS SERVICE AVAILABLE TO USERS AS A MATTER OF CONVENIENCE. HUNGAMA EXPRESSLY DISCLAIMS ANY CLAIM OR LIABILITY ARISING OUT OF UPLOADING OF ANY OBSCENE, VULGAR OR PORNOGRAPHIC CONTENT OR ALTERING OR DISTORTING THE CONTENT AVAILABLE UNDER THE SERVICE IN AN OBSCENE, VULGAR OR PORNOGRAPHIC MANNER. YOU AGREE AND ACKNOWLEDGE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR CONDUCT AND THE HUNGAMA RESERVES THE RIGHT TO TERMINATE YOUR RIGHTS TO USE THE SERVICE IMMEDIATELY, NOTWITHSTANDING PENAL PROVISIONS UNDER THE APPLICABLE LAWS.
IN NO EVENT SHALL HUNGAMA 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 HUNGAMA 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 15 SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.
You hereby agree to indemnify and hold Hungama, 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 Hungama 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 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 Hungama 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.
Any dispute arising out of the terms and conditions set herein, the website, or the services available on the website shall be governed by the laws of India and the High Court of Delhi, India shall have the non-exclusive jurisdiction with respect thereto. Use of the website 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 Hungama, 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.
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.
Hungama 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.
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 Hungama with respect to such use.
Use of the services and the website 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.
It is agreed that the rights herein are non-transferable. You shall therefore not assign/transfer any of your rights under this Agreement and any attempt by you to do so shall be void-ab-initio and not enforceable.
This Agreement or any other communication in electronic form or printed shall be admissible in judicial or administrative proceedings as if produced in printed form.