Terms and Conditions
The Terms and Conditions of use set forth herein apply to the website titled Musicfellas.com which is owned, operated, licensed and controlled by Musicfellas Entertainment Private Limited (hereinafter referred as "Musicfellas") 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 and video recordings. As a user and potential customer, we invite you to browse our website. 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 your personal and non-commercial use. Any unauthorized use of the services and content may violate copyright laws, trade mark laws as well as the laws of privacy and Musicfellas 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.
Conditions Relating to your use of Musicfellas.com
1.How these terms apply to the sale of products
- Digital downloads of audio products to your computer;
- Digital downloads of video products to your computer;
- Streaming of video or audio products via this site
(the "Digital Products")
These terms do not apply to the sale of:
- Merchandise(i.e. T-shirts,books,posters);
- Gift vouchers,and/or
- Event tickets
You agree to provide Musicfellas with accurate, complete and updated registration information. If you do not provide Musicfellas with accurate, complete and updated registration information, you are not authorized to use the service and your account may be terminated immediately. 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 via the Service, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize Musicfellas to verify your Registration Data as may be required for your use of and access to the Service, as applicable.
Please review our Privacy Notice, which also governs your visit to Musicfellas.com, to understand our practices.
4.Access to Musicfellas.com
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
5. License for website access
Musicfellas.com grants you a limited license to access and make use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Musicfellas.com. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Musicfellas.com and its affiliates without express written consent. You may not use any Meta tags or any other "hidden text" utilizing Musicfellas.com's or its affiliates' names or trademarks without the express written consent of Musicfellas.com. Any unauthorized use terminates the permission or license granted by Musicfellas.com.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of Musicfellas.com as long as the link does not portray Musicfellas.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Musicfellas.com logo or other proprietary graphic or trademark as part of the link without our express written consent.
6. Your conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not Musicfellas.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
- For fraudulent purposes, or in connection with a criminal offence or other unlawful activity
- To send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right, or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
- To cause annoyance, inconvenience or needless anxiety
7. Reviews, comments, communications and other content
Users of this website may post reviews, comments and other content, send communications; and submit suggestions, ideas, comments, questions, or other information, s long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive, 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 any content. Musicfellas.com reserves the right (but not the obligation) to remove or edit any content.
If you do post content or submit material, and unless we indicate otherwise, you
a)grant Musicfellas.com and its affiliates a non-exclusive, royalty-free and fully sub licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
b) Musicfellas.com and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Musicfellas.com, including the execution of deeds and documents, at the request of Musicfellas.com.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that' as at the date that the content or material is submitted to the content and material you supply does not breach any applicable Musicfellas.com policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Musicfellas.com and its affiliates for all claims brought by a third party against Musicfellas.com or its affiliates arising out of or in connection with a breach of any of these warranties.
8. Defamation claims
Because Musicfellas.com lists many products for sale on the website and hosts many thousands of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or reviews that is displayed. Accordingly, Musicfellas.com operates on a "notice and takedown" basis. If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify us immediately.
Once this procedure has been followed, Musicfellas.com will make all reasonable endeavors to remove the defamatory content complained about within a reasonable time.
9. Copyright, authors' rights and database rights
All content included on the website, such as text, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Musicfellas.com, its affiliates or its content suppliers and is protected by Indian and international copyright, authors' rights and database right laws.
You may not systematically extract and/or re-utilize parts of the contents of the website without Musicfellas.com's express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this website., without Musicfellas.com's express written consent. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this website without Musicfellas.com's express written consent.
10. Copyright claims
Musicfellas.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us immediately.
Musicfellas.com, Musicfellas.com Music and other marks indicated on our website are trademarks or registered trademarks of Musicfellas.com or its subsidiaries (collectively "Musicfellas.com"), in all jurisdictions. Musicfellas.com's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Musicfellas.com. Musicfellas.com's trademarks and trade dress may not e used in connection with any product or service that is not Musicfellas.com's , in any manner that is likely to cause confusion among customers, or in any manner that disparages pr discredits Musicfellas.com.
All other trademarks not owned by Musicfellas.com that appear on this website are the property of their respective owners, which may or may not be affiliated with, connected to, or sponsored by Musicfellas.com
Conditions relating to the Sale of Products to you
This section deals with conditions relating to the sale of products by Musicfellas.com to you.
12. Our contract
When you place an order to purchase a product from Musicfellas.com, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send an e-mail confirmation to you that order is confirmed. That acceptance will be complete at the time we send the Order Complete Confirmation E-mail to you. Any products on the same order which we have not confirmed in an Order Complete Confirmation E-mail do not form part of the contract.
We may terminate this Agreement, restrict, suspend or terminate your use of the Service immediately and without notice or liability, if you violate, breach or fail to comply with this Agreement in any way, and it will not limit any other rights or remedies which are available to us. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use service. Termination is your sole right and exclusive remedy if you are not satisfied with the Service. Upon the effective date of any such termination, your right to use the Service shall immediately cease.
Musicfellas.com does not offer any refund if for any reason the transaction fails or there is a technical problem due to which the download could not be completed. Musicfellas.com will endeavor to resolve the issue by all means to ensure a 100% customer satisfaction.
Conditions relating to both your use of Musicfellas.com and sales to you
15. Digital Products
- 15.1- We provide the digital service on this site which allows you to access, stream or purchase permanent downloads of Digital Products (including information related to these products and associated artwork). In order to download the Digital Products we recommend you use a download manager for uninterrupted transfer.
- 15.2- All Digital Products available through this site are owned or controlled by us, our group companies or our licensors and are protected by intellectual property rights.
- 15.3- Any streaming or use of Digital Products purchased through this site is for your own personal, non-commercial use only. Upon payment of the price of the Digital Product we grant you a non exclusive, non-transferable license to use the Digital Product for your own personal, non-commercial use in accordance with these terms of sale.
- 15.4- You agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or transfer any Digital Products available through this site (whether the same are available as streams' and/or permanent downloads). Nothing in these terms of sale grants to you any rights other than those expressly set out therein. These terms do not grant to you any rights in relation to the synchronization, public performance, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any Digital Product.
- 15.5- We will be entitled to obtain injunctive relief against you, in addition to all other remedies that we may have, to enforce the terms of sale and to prevent your unauthorized use of this site, and/or Digital Products.
- 15.6- You are responsible for ensuring that you do not lose, destroy, or damage any Digital Product you purchase through this site. We shall not be obliged to replace any Digital Product in the event of any loss, destruction, or damage not caused by our negligence.
- 15.7- You are able to download the same track or album up to 3 times over a 1 month period, should you exceed this limit please email email@example.com and we will be able to assist you further.
- 15.8- We reserve the right to introduce and/or change usage rules limiting the number of times any permanent download of a Digital Product may be burned to disc or transferred to any other media including to portable players. We may do this in relation to any and/or all of the Digital Products available as permanent downloads from time to time via this site.
- 15.9- In any event if you burn permanent download of a digital Product to disc or transfer it to a portable device you agree not to further copy, distribute or transfer the permanent download from that disc or portable device.
- 15.10- Watermarking To prevent unauthorized use, Digital Products may carry a digital watermark that allows us to identify the origin of the Digital Product and track any subsequent unauthorized transfer. You agree to not attempt to remove the watermark or circumvent the security technology in any way.
- 15.11- We grant to you a non-exclusive, non-transferable right to access streams of Digital Products made available by us on this site solely for your personal, non-commercial use. Such use shall be subject to these terms of sale.
- 15.12- You may not in relation to any Digital Products available as streams through this site:
- Store, copy, "rip", reproduce, transfer or burn to disc or attempt or employ any technology with a view to attempting to do the same;
- Circumvent, attempt to circumvent or employ any technology with a view to attempting to circumvent any technology used by us to protect Digital Products available as streams through this site.
16. Placing an order and how the contract is formed between you and us
- 16.1- After placing order for a Digital Product via our site, you will receive an on screen message and e-mail from us setting out the details of your order and acknowledge that we have received your order.
- 16.2- The contract for the purchase of any Digital Product will be between you and us and will only be formed when we make the Digital Product available for download and we have received payment in full for the Digital Product. Until we make the Digital Product available for download and receive payment in full there is no contract between you and us for the Digital Products. We reserve the right, in our sole discretion to reject any order we receive.
17. Price and Payment
- 17.1- We shall determine in our discretion from time to time whether and which Digital Products are to be made available free of charge, on payment by you of the relevant price or in return for some other consideration (for example by signing up to an artist mailing list).
- 17.2- For the most part you will not have to pay to access Digital Products available by way of streaming on the site. Where Digital Products are made available by way of free of charge streaming we may place advertising, sponsorship or other endorsements in and around the streaming player. By accessing any stream you agree that advertising may be featured in and around such stream in any manner which we determine in our discretion.
- 17.3- We use our best efforts to ensure the prices of Digital Products displayed on our site are correct. However, our site contains a number of Digital Products and it is always possible that, despite our best efforts, some of the Digital Products listed on our site may be incorrectly priced. If a Digital Product's correct price is higher than the price stated on our site at the time you placed your order and we have not yet taken payment and made the Digital Product available for download and we will normally, at our discretion, either contact you for instructions before making the Digital Product available for download (ie to confirm your order and that you wish to proceed at the correct price), or reject your order and notify you such rejection.
- 17.4- we are under no obligation to provide the Digital Product to you at the incorrect (lower) price if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing mistake. We reserve the right to withdraw from any contract for Digital Products in the case of obvious and unmistakable pricing errors.
- 17.5- Prices for Digital Products are liable to change at any time, but changes will not affect orders in respect of which we have already taken payment and made the download available.
- 17.6- NOTE THAT IF YOU ARE DOWNLOADING THE DIGITAL PRODUCTS TO A MOBILE/COMPUTER SOME NETWORK/SERVICE PROVIDERS MAY CHARGE YOU AN ADDITIONAL AMOUNT FOR THIS SERVICE. WE RECOMMEND YOU CONTACT YOUR NETWORK/SERVICE PROVIDER TO UNDERSTAND THE NATURE AND EXTENT OF ANY ADDITIONAL CHARGES BEFORE SELECTING THE DOWNLOAD TO MOBILE OPTION.
18. Electronic Communications
When you visit Musicfellas.com or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
19. Third party Web sites
You may be able to link from the Web Site to third party web sites and third party websites may link to the Website ("Linked Sites"). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. The inclusion of any link to such sites on our Site does not imply Musicfellas.com's endorsement, sponsorship, or recommendation of that site. Musicfellas.com disclaims any liability for links (1) from another website to this Website and (2) to another website from this Website. Musicfellas.com cannot guarantee the standards of any website to which links are provided on this Website nor shall Musicfellas.com be held responsible for the contents of such sites, or any subsequent links. Musicfellas.com does not represent or warrant that the contents of any third party website are accurate or compliant with copyright or other intellectual property laws. Also, Musicfellas.com is not responsible for or any form of transmission received from any linked website. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
20. Advertising Material
Part of the Site will contain advertising and other material submitted to Musicfellas.com by third parties. Advertisers are responsible for ensuring that material submitted for inclusion on the Site complies with applicable International and National law. Musicfellas.com will not be responsible for any advertiser's claim, error, omission or inaccuracy in advertising material, and reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the site will be subjected to Musicfellas.com terms and conditions which are available on request.
We neither represent nor endorse the accuracy or reliability of any advertisement on our website, or the quality of any products, information, or other materials displayed, purchased, or obtained by you as a result of an offer in connection with any of these advertisements.
We strongly encourage you to do your own due diligence before responding to any offer.
Ads by Google are keyword-targeted advertisements
provided through Google AdWords program. These listings are administered,
sorted and maintained by Google. For information about these Google
ads, go to adwords.google.com. Google may place or recognize a unique
"cookie" on your Web browser. Information from this cookie may be
used by Google to help provide advertisers with more targeted advertising
including how to opt out, go to www.google.com/ads/preferences
21. Alteration of Service or Amendments to the conditions
We reserve the right to make changes to our website, service policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sake in force at the time that you use the website or hat you order goods from us, unless any changes to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not effect the validity and enforceability of any remaining condition.
If any modification is unacceptable to you, you must stop using the Service. Unless otherwise specifically set forth in our notice, all changes be effective upon the date we notify you of the same ("effective date"). Your continued use of the Service following the effective date will constitute your binding acceptance of and agreement to be bound by the changes specified therein. You should check back frequently and review the terms and conditions of this agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of this Agreement unless we notify you that different terms and conditions apply. You must also comply with any additional terms that apply to the third-party content, material, information, software or other services.
22. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
23. Disclaimer of Warranties
You expressly agree that use of and access to the service is at your sole risk. The service is provided on an "as is" and an "as available" baisis. We do not make, and hereby disclaim, any representations or warranties regarding the service. The musicfellas.com music site and the products and services offered through the musicfellas.com music site or any portion thereof, express, implied or statutory, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of third party rights. Or any warranties arising by course of dealing or custom of trade.. We make no representation or warranty that any material, content, precuts or services displayed on or offered through the service are accurate, complete, appropriate, reliable, or timely. We also make no representations or error-free, free of viruses, malicious code, or other harmful components, or otherwise secure. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
24. Limitation of Liability
To the maximum extent permitted by applicable law, neither musicfellas.com music, it's licensors, suppliers, partners, affiliates or third-party service providers shall be liable to you or any third party for nay direct, indirect, incidental, special, exemplary, punitive or consequential damages, or any other form of damages in any manner arising out of or on connection with this agreement or your use of the service, regardless of the form of action or the basis of the claim or whether or not emusic has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion or liability for incidental or consequential damages. Accordingly, some of the above limitations and exclusions may not apply to you.
You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys' fees, experts fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions of this Agreement, (b) your use of the service, and/or (c) the use of the Service by any other person using your IDs.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach the conditions.
27. Governing law and jurisdiction
This agreement is governed by the Laws of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of Courts of law in Delhi, India in all disputes arising out of or relating to the use of the Musicfellas.com and its affiliate. Use of the Musicfellas.com and its services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.