The web pages available at www.bharatworldmusic.com (“Site”), are operated by Bharat World Music Entertainment Industries. (BWM), an Indian Company, and is accessed by you (“User”) under the following terms and conditions:
Access to the services : Subject to the terms and conditions of this agreement (“Agreement”), Bharat World Music Entertainment, its subsidiaries, affiliates, associate companies, consultants, partners and suppliers may offer to provide certain information and services, as described more fully on the Site, and which are selected by User through the process provided on the Site (“Services”), solely for User’s own use, and not for the use or benefit of any third party conditioned on User’s acceptance without modification of the terms, conditions and notices contained herein. Services shall include, but not be limited to, Bharat World Music Entertainment feeds and the public Really Simple Syndication feeds and other content of different formats. User’s use of this Site constitutes User’s agreement to all such terms, conditions and notices. The information and Services offered on this Site should not be considered as a substitute for professional advice. User’s use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site. Bharat World Music Entertainment, its associate companies, its consultants, authors, partners, suppliers, printers and agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, Services or other materials on this Site. While Bharat World Music Entertainment strives to keep the information on this Site accurate, complete and up-to-date, Bharat World Music Entertainment, its subsidiaries, affiliates, associate companies, consultants, partners, agents and suppliers cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information. Bharat World Music Entertainment may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Bharat World Music Entertainment may also impose limits on certain features and Services or restrict User’s access to parts or all of the Services without notice or liability. Bharat World Music Entertainment reserves the right, at its discretion, to modify this User Agreement at any time. User shall be responsible for reviewing and becoming familiar with any such modifications from time to time. Use of the Services by User following such notification constitutes User’s acceptance of the terms and conditions of this user agreement as modified. By accessing or using the Site, User agrees to be bound by this Agreement. User certifies to Bharat World Music Entertainment that User is an individual (i.e., not a corporation) and is at least 18 years of age. User also certifies that he is legally permitted to enter into this Agreement and to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site. If User is buying and/or availing goods and/or Services, User further warrants that User has legal authority to enter into other binding agreements for the purchase and/or use goods and/or Services. User agrees to be financially responsible for all of User’s use of the Services and access of the Site (as well as for use of User’s account by others, including without limitation minors living with User). User agrees and undertakes to supervise and be responsible for all usage of minors of the Services and access of the Site under User name or account. User also warrants that all information supplied by User or members of User’s household in using the Services and accessing the Site, including without limitation User’s name, email address, street address, telephone number, mobile number, credit card number is correct and accurate. Failure to provide accurate information may subject you to civil and criminal penalties. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions. User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the services.
Site content: The Site and its contents may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site including, but not limited to text, graphics, news articles, photographs, images, tunes, illustrations, audio clips and video clips (the “Content”) are protected by copyright owned byBharat World Music Entertainment, and/or its subsidiaries, associate companies, consultants, partners, agents, suppliers and licensed content providers. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. The Site is protected by copyright pursuant to Indian Copyrights laws, international conventions, and other copyright laws.Bharat World Music Entertainment grants to User a limited non-exclusive, non-transferable, non-sub licensable right to view and play the Content solely for their personal non-commercial use. If a user wishes to use the Content for commercial purposes, user must submit a business inquiry to BWM. Copying, using or storing any Content for other than non-commercial use is expressly prohibited without prior written permission from Bharat World Music Entertainment or from the copyright holder identified in such Content’s copyright notice. Bharat World Music Entertainment requests that, according to standard practice, if a User uses any documents (such as articles and other text) and related graphics (such as images, photographs, maps, charts, and illustrations) available on the Site or the Service for any research that results in an article, a book, or other publication, the User lists Bharat World Music Entertainment as a resource in user’s bibliography and the User shall take prior permission and give proper credit and ensure that the Bharat World Music Entertainment copyright notice appears on all copies; use the documents and graphics available from Bharat World Music Entertainment Site for informational and non-commercial and personal use only; and no documents or graphics, including logos, available from Bharat World Music Entertainment are modified in any way. Bharat World Music Entertainment neither warrants nor represents that use of materials by User will not infringe the rights of third parties not owned by or affiliated with Bharat World Music Entertainment.
Use for any other purpose is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible under applicable law. User acknowledges and agrees that if User uses any of the Services to contribute content to the Site,Bharat World Music is hereby granted a perpetual non-exclusive, worldwide, royalty-free, transferable right to fully exploit such content (including all related intellectual property rights) and to allow others to do so. User warrants, represents and agrees that it will not contribute any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or which otherwise violates any law or right of any third party. Bharat World MusicEntertainment reserves the right to remove any content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Bharat World MusicEntertainment is concerned that User may have breached immediately preceding sentence any terms and conditions of the Website). If you find objectionable or offensive material on the website, please contact us as soon as possible by emailing.
BWM and other BWM logos, product and service names are trademarks owned by/licensed to BWM by third parties (the “Marks”). Without the prior written permission of BWM, or its appropriate affiliates, User agrees not to display or use in any manner, the Marks. Nothing contained in this Site should be construed as granting, by implication, estoppels, or otherwise, any license or right in and to the Marks without the express written permission of BWM or such third parties. All other trademarks are the property of their respective owners. User’s misuse of the material and/or Marks on the Site and in its Contents, except as provided in this Agreement, is strictly prohibited. User is advised that BWM will aggressively enforce its intellectual property rights in the Site and its Contents to the fullest extent of the law, including by seeking appropriate remedies including criminal sanctions solely at User’s risk as to costs and consequences.
Restrictions: User is responsible for all of its activity in connection with the Services and accessing the Site. User shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site and/or Services. Any fraudulent, abusive or otherwise illegal
activity may be grounds for termination of User’s right to the Services or to access the Site. User may not post or transmit or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain passwords, account or private information from any BWM User. As a condition of use of this Site, User warrants to BWM that User will not use this Site for any purpose that is unlawful or prohibited by these terms and conditions as well as other notices on the Site. User shall not use the Site and/ or Services in any manner which could damage, disable, overburden, or impair the Site and/ or Services (or the network(s) connected to the Site and/ or Service(s)) or interfere with any other party’s use and enjoyment of the Site and/ or Service(s). User shall not attempt to gain unauthorized access to the Site and/ or Services, other accounts, computer systems or networks connected to the Site and/ or Services, through hacking, password mining or any other means (whether now known or hereafter developed or invented). Use of the Site or Services to violate the security of BWM’s computer network, crack passwords or security encryption codes, transfer or store illegal material including that which are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. If User violates any of these terms, User’s permission to use the Site and/ or Services automatically terminates and User may be subjected to criminal and civil liability.
Warranty disclaimer: BWM has no special relationship with or fiduciary duty to User. User acknowledges that BWM has no control over and no duty to take any action regarding: which User’s gain access to the Site; what Content User accesses via the Site; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. User releases BWM from all liability for User having acquired or not acquired content through the Site. The Site may contain and/or direct User to third party websites containing, information that some people may find offensive or inappropriate. BWM makes no representations concerning any content contained in or accessed through the Site, and BWM will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. The Services, materials, information, content, Site and any software are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Although BWM has taken adequate safeguards, BWM makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any web-site linked to the Site. BWM makes no warranties or representations of any kind that the services provided by the website will be uninterrupted, error-free or that the website or the server that hosts the website are free from viruses or other forms of harmful computer code. User’s use of this Site at his/ her own risk. Changes are periodically made and added to BWM Site and to the information herein. BWM, its subsidiaries, affiliates, associate companies, consultants, partners and/or its respective suppliers may make improvements and/or changes in this Site at any time. This Site contains views, opinions and recommendations of Users of BWM Site, advertisers, third party information providers and organizations BWM does not warrant, represent or endorse the correctness, authenticity, accuracy, completeness, reliability or validity of any opinion or other information displayed, uploaded or distributed through the Site. BWM assumes no responsibility to keep the material and/ or Content current, complete, up-to-date, valid, and/or accurate. BWM shall not be responsible in any manner whatsoever for any errors or omissions in the materials and/ or Content even if such errors or omissions are due to negligence. User acknowledges that any reliance upon any such opinion or information shall be at User’s sole risk. BWM makes no warranty or representation whatsoever regarding the Site or any Content, advertising, Services or products provided through or in connection with the Site. User acknowledges that any use of such Content, advertising, Services or products provided through or on this Site shall be at User’s sole risk. BWM expressly states that BWM shall not be responsible or held liable for any Content, advertising, Services or products provided through or in connection with the Site. BWM expressly disclaims any and all warranties, express or implied, including, without limitation: Any warranties as to the availability, accuracy, completeness or content of information, products, Content or Services which are part of BWM Site; Warranties or fitness for a particular purpose, or merchantability or workman effort or title or against infringement.
In no event will BWM, its affiliates, licensors, employees, agents or contractors, be liable to User for any damages or losses, including without limitation indirect, consequential, special, incidental or punitive damages resulting from or caused by this Site, its public posting bulletin boards, its Content or any errors or omissions in its Content, even if advised of the possibility of such damages. The materials, consultations and services offered on this Site are not to be understood as a substitute for the accurate and appropriate consultation with competent advisers.
While we endeavor to ensure that our website is normally available 24 hours a day, we shall not be liable if for any reason our website is unavailable at any time or for any period. Access to our website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
Changes to site: Bharat World Music, its associate companies, affiliates consultants, partners and/or its suppliers reserves the rights to make improvements or changes in the information, Services, Content, products, and other materials on this Site including but not limited to changes associated with the use of Site, or terminate this Site, at any time without notice. BWM may amend and/ or modify this Agreement at any time, and such amendments and/ or modifications shall be effective immediately upon posting of the amended and/ or modified Agreement. Accordingly, User agrees to review the Agreement periodically, and User access or use of this Site after the amendments and/ or modifications of this Agreement shall be deemed to be User’s acceptance of the amended and/ or modified Agreement.
Registration and Security: As a condition to using certain Services, User may be required to register with BWM and select a password and User name, e-mail id or mobile number, or all of them (“BWM User ID”). User shall provide SCIL with true, accurate, complete, and updated registration information. User may even be required to give other information as may be required. User shall refrain from impersonating or falsely representing User’s affiliation with any person or entity. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User’s account. User may not select or use as a BWM User ID, mobile number and/or mail id, a name, number and/or mail ID of another person with the intent to impersonate that person; or use as a BWM User ID a name subject to any rights of a person other than User without appropriate authorization. BWM reserves the right to refuse registration of, or cancel a BWM User ID in its discretion. User shall be responsible for maintaining the confidentiality of User’s BWM password. If there has been a disclosure of your username and/or password, you agree to notify us promptly of such disclosure, so that BWM can take appropriate security measures and provide you with a new username and password. Except with the prior written permission of BWM, User agrees to refrain from accessing or attempting to access password protected, secure or non-public areas of this Site. Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution. We may suspend or cancel your registration immediately at our sole discretion without giving you any reasons.
Indemnity: User is prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, racial, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. Bharat World Music shall fully cooperate with any law enforcement authorities or court order requesting or directing Bharat World Music Entertainment to disclose the identity of anyone posting any such information or materials. User will indemnify and defend and hold BWM, its parents, subsidiaries, affiliates, officers and employees and agents, harmless, from and against any and all costs, losses, claim or demand, losses, damages and liabilities, including costs and attorneys’ fees, made by any third party due to or arising out of User’s access to the Site, use of the Services, the violation of this Agreement by User, or the infringement by User including, without limitation, copyright and trademark infringement, obscene or indecent postings, and on-line defamation, or any third party using the User’s account, of any intellectual property or other right of any person or entity.
Limitation of liability : In no event shall Bharat World Music Entertainment its subsidiaries, affiliates, associate companies, consultants, partners and/or its respective suppliers be liable with respect to the Site, Content or the Services for any amount in the aggregate in excess of the fees paid by User therefore; or for any indirect, incidental, punitive, or consequential damages of any kind whatsoever including but not limited to loss of use, revenue or profit, goodwill, use, data or other intangible losses arising out of or in any way connected with the use of this Site, Content, Services or this Agreement or with the delay or inability to use this Site, or for any information, materials, Content and Services obtained through this Site, or otherwise arising out of the use of this Site, whether based on contract, tort, negligence, strict liability or otherwise, even if BWM, its subsidiaries, affiliates, associate companies, consultants, partners and/or its respective suppliers has been advised of the possibility of damages. If the User is dissatisfied with any portion of the Bharat World Music Entertainment Site, Content and/ or Services or with any of these terms of use, User’s sole and exclusive remedy is to discontinue using Bharat World Music Entertainment Site, Content and/ or Services.
Fees and payment: Some of the Services may require payment of fees. User shall pay all applicable fees, as described on the Site in connection with such Content and/ or Services selected by User. Bharat World Music Entertainment reserves the right to change its price list and to institute new charges at any time, which may be sent by email, SMS or posted on the Site. Use of the Content and/ or Services by User following such notification constitutes User’s acceptance of any new or increased charges.
Caveat: Bharat World Music Entertainment undertakes no obligations for confidentiality of information provided by User other than personal information and User would do so entirely at User’s sole risk. User shall always use caution when giving out any personally identifying information about User in any communication service.
Termination: Bharat World Music Entertainment may terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if User breaches any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Miscellaneous: The failure by Bharat World Music Entertainment to exercise in any respect any right provided herein shall not be deemed a waiver of any further rights hereunder. Bharat World Music Entertainment shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Bharat World Music Entertainment’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub licensable by User. This Agreement shall be governed by, construed interpreted, and enforced in accordance with the laws of India. Except for injunctive reliefs, disputes arising in respect hereto shall be subject to exclusive jurisdiction of the courts of New Delhi. Notwithstanding the foregoing, nothing in this legal notice will preclude Bharat World MusicEntertainment from applying to any court to bring an action for the infringement of its intellectual property rights. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Bharat World MusicEntertainment in any respect whatsoever.
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