The Terms and Conditions of use set forth herein apply to the website titled Aircel MusicConnect which is owned and licensed by AIRCEL and operated, and controlled by HUNGAMA 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, other entertainment Content downloads. 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 Aircel MusicConnect 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.
YOU AGREE
Before you begin to explore the website, you ("you", "your", "yourself", "user" and/or "subscriber") will need to review the terms and conditions of Aircel MusicConnect. These terms and condition will constitute a binding contract between you and Aircel MusicConnect. These terms explains your obligation towards Aircel MusicConnect when you use the services of the website "Aircel MusicConnect". By using this website, you agree that these terms of use are acceptable to you. If you do not agree to these terms of use, please do not use this site and it is hereby stated by Aircel MusicConnect that using this site without accepting the terms and conditions is tantamount to unauthorized usage, punishable by law. Aircel MusicConnect reserves the right, at its discretion, to change, modify, add, alter, delete or remove portions of these terms. Your continued use of this website following the posting of any change or modification of these terms will mean you accept those changes or modifications. Aircel MusicConnect reserves the right to withdraw access to this website and to change, modify, revise the materials, products and pricing listed or offered through this website at any time.
YOUR AGE
You hereby certify that you are 18 years of age or older. In addition, be aware that some of the information available on the website is unsuitable for children; therefore it is the responsibility of their parents to accompany their children while viewing or using this website.
REGISTRATION DETAILS
You agree to provide Aircel MusicConnect with accurate, complete and updated registration information. If you do not provide Aircel MusicConnect 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 Aircel MusicConnect to verify your Registration Data as may be required for your use of and access to the Service, as applicable.
DEFINITIONS
Content
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 the Sound Recording, created or collated by Aircel MusicConnect from the Source Content, as may be granted by Aircel MusicConnect to you for distribution under this Agreement strictly in accordance with these terms and conditions and the license agreement. Such Content may also include ring-tones, mono tones, poly-tones, true-tones, sing-tones, created, converted or inspired from the Source Content.
Mobile Devices
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.
Ring Tone
Shall mean an audio clip developed from and based on Source Content digitally encoded for use solely as the "Ring Tone" audio file that can be downloaded from the website and is ringing when you receive mobile call.
Service
Refers and includes any and all application of contents to all users of website Aircel MusicConnect.
Source Content
Shall mean the Sound Recordings and accompanying Video Recordings of Music Labels or any other content, wherein Aircel MusicConnect has the rights to commercially exploit the content on digital platforms.
Subscriber
Refers to any user who enrolls subscription for services covered under terms and conditions of End User License Agreement (EULA).
Term
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.
Territory
Shall mean all user/ consumers/ subscribers of India.
Party / Parties
You and Aircel MusicConnect shall individually be referred to as "the Party" and collectively as "the Parties" unless otherwise stated.
SERVICE APPLICATION
The website Aircel MusicConnect shall provide DRM-free file format for sampling and downloading media. The Services are provided to the subscriber as per the selected subscription plan depending on the payment of Subscription fee, subject to certain limitations as described herein. The subscribers are granted specified download rights of DRM-free media files from the catalog of website. You must have internet connection for accessing this website. It is essential that every user, subscriber or non-subscriber, must register with the terms of the website to use the services available through the website. You shall be required to enter certain Personal information which will be governed as per the rules of Aircel MusicConnect and must pay fees as per the option selected by you for receiving uninterrupted service during the term. To complete the enrollment process, you must fill the Service registration form provided on the website.
The Services includes
On-demand streaming of full length tracks, audio/visual or certain other premium features
Mobile downloads-CRBT, Ringtones, Full Length Songs.
USER ACCOUNT & SECURITY
All Registered Users shall have user name (MSISDN) 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 you failure to do so. Aircel MusicConnect is not liable for any harm caused by or related to the theft of your IDs, your disclosure of your user account, or your authorization to allow another person to access and use the Service 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 Service and you agree to immediately notify us of any unauthorised use of your Account or any other breach of security.
Although Aircel MusicConnect will not be liable for your losses caused by any unauthorized use of your user account, you may be liable for the losses of Aircel MusicConnect or others due to such unauthorized use. In consideration of your use of the Site and Services, 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 Site and/or the Services
FEE & PAYMENTS
The Price List for each content is displayed on website representing the full retail price listed for each corresponding content piece. You shall pay for the content that you chose from the options given on the website.
Aircel MusicConnect's online portal will allow the user to BUY the content available by deducting the amount from The Main IVR subscribed account.
INTELLECTUAL PROPERTY RIGHTS
It is hereby specifically recorded that the content available through the Service is the sole and exclusive property of Aircel MusicConnect 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 l was 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 Aircel MusicConnect 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 Aircel MusicConnect.
Your request to license a track by downloading is personal to you, and the track may not be used, sold, rented, transferred, licensed or otherwise provided to any other user. License to downloaded tracks include only those rights explicitly stated in the Service (typically, the right to play back for your own personal use from your personal computer, CD player, digital player, or other personal consumer electronic device), and, for the avoidance of doubt, do 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.
You shall promptly notify Aircel MusicConnect in writing upon your discovery of any unauthorized use or infringement of the Service (or its contents) or Aircel MusicConnect's patent, copyright, trade secret, trademarks or other intellectual property rights. The Service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions.
TERMINATION
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 to use the Services immediately and without notice. You may terminate this Service by ceasing to use the Service. Termination is your sole right and exclusive remedy if you are not satisfied with the Service. Your determination of the Service shall lead to cessation of your access to the Service. 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 Service, without cause, upon reasonable notice.
TECHNOLOGY LIMITATIONS AND MODIFICATIONS TO SERVICE
It is the duty and responsibility of Aircel MusicConnect 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, Aircel MusicConnect will make reasonable efforts to rectify the snag as early as possible.
If, for any technical reason and under unavoidable circumstances Aircel MusicConnect 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, Aircel MusicConnect reserves right to change and replace the tracks or albums or any other Content available at any time.
Under the said circumstances, Aircel MusicConnect 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 may not use, nor allow others to use, your account, the Service, directly or indirectly, to: (a) attempt to or actually disrupt, impair or interfere with, alter or modify the Service 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 Service, 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 Service.
You are prohibited from violating or attempting to violate the security of the Service, 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 Service or to breach security or authentication measures, regardless of your motives or intent; (c) attempting to interfere with or disrupt the Service or service 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 i envolved 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 Aircel MusicConnect 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, Aircel MusicConnect 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. Aircel MusicConnect 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.
DISCLAIMER
AS PROVIDED ABOVE, ALL INFORMATION, TECHNOLOGY AND SERVICE PROVIDED SHALL, AT ALL TIMES, BE ON A "AS IS" AND "AS AVAILABLE" BASIS AND Aircel MusicConnect HEREBY STATES THAT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION IS NOT UNDERTAKEN BY Aircel MusicConnect. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Aircel MusicConnect 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. Aircel MusicConnect MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION SHALL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Aircel MusicConnect 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. Aircel MusicConnect 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
IN NO EVENT SHALL Aircel MusicConnect 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 SUBSCRIPTION AGREEMENT OR THE USE OF OR INABILITY TO USE ANY SERVICE, EVEN IF Aircel MusicConnect 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.
INDEMNIFICATION
You hereby agree to indemnify and hold Aircel MusicConnect, its agents, contractors, members, subsidiaries, affiliates, service providers, syndicators, distributors, licensors, officers, directors and employees, harmless from any loss suffered by Aircel MusicConnect 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 Service by you or under your account has infringed any intellectual property or other right of any kind, or any applicable laws or regulation. You shall pay all costs, damages, awards, fees (including legal fees) and judgments awarded against Aircel MusicConnect arising from such claims, and shall provide Aircel MusicConnect 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.
GOVERNING LAW
Any dispute arising out of the Terms, the Site, or the Services shall be governed by the laws of India without regard to its confirm of law provisions and the High Court of Mumbai, India shall have non-exclusive jurisdiction with respect thereto
GENERAL PROVISIONS
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.
If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This Agreement will bind and inure to the benefit of each party's permitted successors and assigns. This Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void. This Agreement (including all documents expressly incorporated herein by reference, including but not limited to the Aircel MusicConnect End User License Agreement) constitutes the complete and exclusive agreement between Aircel MusicConnect and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
Aircel MusicConnect may change/modify/alter this Agreement at any time in its sole discretion. 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.
This Agreement, together with our Privacy Policy and any other rules, regulations, procedures and policies herein, constitutes the entire agreement between you and Aircel MusicConnect with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Aircel MusicConnect with respect to the Service.
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 Service or information provided to or gathered by us with respect to such use.
Use of the Service 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.
