TERMS AND CONDITIONS FOR USERS
YOU AND IAPPLOUD, OWNED AND OPERATED BY ADYA MINDWORKS PRIVATE LIMITED. (COLLECTIVELY CALLED THE "IAPPLOUD", "WE" OR "US" OR “OUR”) AGREE THAT YOUR ACCESS TO AND USE OF THE IAPPLOUD WEBSITE (THE "WEBSITE"), IS SUBJECT TO YOUR AGREEMENT TO THE TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS”) LISTED BELOW, WHICH WILL BECOME A BINDING AGREEMENT BETWEEN YOU AND IAPPLOUD (THE "AGREEMENT"). IAPPLOUD IS WILLING TO ALLOW YOU ACCESS TO THE WEBSITE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU, AND IAPPLOUD RESERVES THE RIGHT TO CHANGE, ADD, OR REMOVE PORTIONS OF THIS AGREEMENT AT ANYTIME. IT IS YOUR RESPONSIBILITY TO CHECK THE AGREEMENT EACH TIME BEFORE USING THE WEBSITE, AND YOUR CONTINUED USE OF THE WEBSITE WILL INDICATE YOUR ACCEPTANCE OF ANY CHANGES. IN ADDITION, YOU AGREE TO COMPLY WITH ALL LOCAL, STATE AND NATIONAL LAWS, STATUTES, ORDINANCES, AND REGULATIONS THAT APPLY TO YOUR USE OF THE WEBSITE OR CONTENT (DEFINED BELOW). PLEASE READ THESE TERMS CAREFULLY. AFTER READING THE TERMS, IF YOU AGREE TO THEM, PLEASE INDICATE YOUR DECISION BY CLICKING ON "I AGREE" AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE, INDICATE YOUR DECISION BY CLICKING ON "I DO NOT AGREE" AND YOU WILL BE RETURNED TO THE HOME PAGE OF THIS WEBSITE.
These Terms and Conditions shall govern the transaction between iapploud and the “User”. These general Terms and Conditions define the framework and the respective obligations of both the parties. The User acknowledges that iapploud is an integrated ecommerce and marketing platform for purchasing music for both personal [and non commercial] use.
2.1. In order to gain access to the iapploud services (‘Services”) of the Website you must register and provide certain information (e.g. a member (user) name, password, billing information, age and valid email address) to iapploud ("Registration Data") for the purposes of creating an Account, called my "Account". You agree to provide current, complete, and accurate Registration Data at the time you register and you will update your Registration Data as necessary to keep it current, complete and accurate. iapploud may terminate your Account and any or all rights to access and use the Website if any information you provide is inaccurate, false, or incomplete. You agree that iapploud may store and use the Registration Data you provide for use in billing fees to your credit card , maintaining your Account and to update you for other products and services.
By establishing an iapploud Account, you grant permission for iapploud to contact you at your e-mail address.
Your use of the Website and establishment of an Account includes the ability to enter into agreements and/or to make purchases electronically. You hereby agree that any Submissions (defined below) you make for electronic purchases constitutes your intent and agreement to be bound by the terms of this Agreement and to pay for such purchases. Your agreement and intent to be bound by electronic Submissions applies to all records relating to all transactions you enter into on the Website, including notices of cancellation, policies, contracts, and applications.
4.1 Please confirm mode of payment
iapploud is a music and film-oriented content and information Website that provides Content (defined below) which is owned by musical artists, film directors/producers and record labels/companies (“Artists”). You hereby agree that any digital downloads of sound recordings, information, code, data, text, software, music, mixes and loops, downloads or samples, lyrics, sound, links, interfaces, photographs, pictures, graphics, trademarks, logos, images, video, video clips, chat, messages, files and any other element of the Website, including layout, look and feel, organization, and coordination of such content either published or to be published on the Website ("Content ") is the sole and exclusive property of iapploud and its Artists. Without the prior written consent of iapploud [or the respective Artist], and except as provided in this Agreement, no Content may be transmitted, distributed, translated, publicly displayed, uploaded, published, recorded, misused, retransmitted, rented, sold, distributed, digitized, marketed, reproduced, altered to make new works, performed, or compiled in any way. Through the use of the Website, you are permitted to [listen to Sample(s) (as defined below),] and obtain digital downloads of sound recordings, video recordings and related digital content, including songs, video clips, mixes and loops, which is part of the Website's Content in accordance with the terms and conditions set out herein. The Content is only for your personal and [non commercial] use.
6.1. iapploud shall publish Content on their Website of Artists either through Sample(s) and/ or Download(s), defined below: Modify as appropriate.
6.2. Any uploading, modification, publication, transmission, updates, distribution or sharing is not permitted by this Agreement or under the Information Technology Act, 2000 or the Copyright Act, 1957.
You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to, browse or otherwise use the Internet, and/or (b) to access the Website, and/or (c) to browse, stream, download, play back, burn or transfer the Content. From time to time, you may have to install software, available through the Website, to aid in the accessibility of Content; however, the purchase or obtaining of any other product shall not be construed to represent or guarantee you access to the Content. [If you need information on the specifications of any equipment, internet access or software required to use the Services please contact us here.] [Please confirm the sentence.] You may not attempt, nor support others' attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or Content.
Some areas of the Website may contain material that is inappropriate for minors. iapploud will only knowingly provide the Services to users that can lawfully enter into and form contracts under the governing law i.e. 18 years of age. [To be discussed further. If these services can be accessed by minors, to discuss what safeguards to be provided in the event that any content is inappropriate. To discuss]
You must comply with all of the provisions of these Terms and Conditions and policies referred to below, and all governing laws, regulations and rules when you use the Services and the Website.
iapploud may feature message boards and/or chat rooms that allow for Submissions (defined below), communication and posting of public profiles between users of the Website. The public areas are offered on a read only basis until a user signs up for the ability to post messages in the message boards and/or chat rooms. Further, the Website may contain features designed to help members find Content of personal interest by viewing Content that other members have sampled and/or downloaded. These features may include access to members most recently played lists and access to member's collections of Content. iapploud has the right, but not the obligation, to monitor, edit, or remove any activity or content in such public areas, or to restrict access to other members to view your music, content collection or public profiles.
When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"); you grant iapploud permission to use such Submissions for marketing and other promotional purposes. You hereby agree that iapploud will have no obligation to keep any Submissions confidential and you will not bring a claim against iapploud based on "moral rights" or the like arising from iapploud's use of a Submission.
By posting messages, inputting data, or engaging in any other form of communication through the Website, you hereby agree that iapploud may copy, sub-license, adapt, transmit, publicly perform or display any such content to provide and/or promote the Website and/or to respond to any legal requirement, claim or threat. If iapploud's use of such content exploits any intellectual property rights you may have in such material, you agree that iapploud has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to do so.
Each Download is an individual sale and subject to these Terms and Conditions. Each purchase of Downloads by you will be regarded as a separate transaction and each delivery of a download will constitute a separate sale, whether delivery is in whole or partial fulfilment of an order.
iapploud sells Products to end user customers only, and not to resellers, distributors, music dealers, exporters, wholesalers, or any other businesses with intent to resell. iapploud reserves the right to refuse access to the Website or sale of Products for any reason, to any end user. iapploud may terminate any offers for free or special promotions on merchandise at any time. Prices and availability of Products offered through the Website are subject to change at any time. iapploud does not provide price protection in the event of a price drop or promotional offering.
All sales are final and all charges from those sales are non refundable. iapploud will not refund any fees for Products or Services that you purchase and then fail to download, unless such failure is caused solely by iapploud .
Please be advised that if we receive any claim or threat or a claim that is related to your use of the Services, we may put a “hold” on any account you have with us, including any monies held on your behalf. Furthermore, to the extent that you owe us any amounts as a consequence your use of the Services or our settlement of any claim made against you, we may, in our sole discretion, deduct all or a portion of such amounts from any amounts held by us in your accounts. Any such deduction will not relieve you of any obligation to pay the remainder of any amounts due from you to us.
9.1. On agreeing to these Terms and Conditions, you will gain access to the Content published on the Website, you therefore agree that such usage is in compliance with the following Usage Rules: modify as appropriate.
9.2. iapploud reserves the right to modify the Usage Rules at any time without prior notice.
You hereby agree not to harvest or collect email addresses or other contact information of other Website users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Website. You hereby agree that you will not use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website. You may not use the Website (or any part of it, including but not limited to public areas) to host, upload, post, publish, update, share, modify, transmit, display, perform or otherwise make available any messages, content or materials that:
iapploud reserves the right to enlist and take measures that iapploud believes are reasonably necessary to enforce, or appropriate to enforce, or verify compliance with any part of this Agreement (including but not limited to iapploud's right to cooperate with any legal process relating to your use of the Website and/or Content, and/or a third party claim that your use of the Website and/or Content is unlawful and/or infringes such third party's rights). You hereby agree that iapploud has the right, without liability or notice to you, to disclose any Registration Data/Account information to law enforcement authorities, government official, and/or third party, as iapploud believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to iapploud's right to cooperate with any legal process relating to your use of the Website and/or Content, and/or a third party claim that your use of the Website and /or Content is unlawful and/or infringes such third party's rights).
12.1. Mutual Representations and Warranties
12.2. By User
During your use of the Services, you represent and warrant to iapploud that:
13.1. Intellectual Property
A written notification of claimed copyright infringement must be submitted in writing to the following Grievance Officer for this Website:
The Grievance Officer shall redress the complaints within one (1) month from the date of receipt of complaint.
If iapploud receives knowledge alleging that you have engaged in behaviour that infringes iapploud's or an other's intellectual property rights or reasonably suspects the same, iapploud may suspend or terminate your Account without notice to you and remove infringing non-complaint Content and/or information therein, and shall have no liabilities to you, past or present, for suspension or termination under this paragraph.
14.1. Disclaimer Of Warranties
14.2. Limitation Of Liability
iapploud shall not be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including damages for any lost profits or lost data arising from your use of the Website or the Services, even if iapploud is aware or has been advised of the possibility of such damages. In no event will iapploud be liable to you or any third person for any Content published on the Website if the same belongs to another person and to which the User does not have any right; or is grossly harmful, harassing, blasphemous, abusive, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, threatening of a “spamming” nature, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or is otherwise unlawful in any manner whatever; or harms minors in any way; or infringes any patent, trademark, copyright or other intellectual property rights; or violates any law for the time being in force; or deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing; or impersonates another person; or contains software viruses or other computer code files or programs designed to interrupt, destroy or limit the functionality of any computer resource or software or hardware or telecommunications equipment; or threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. iapploud is not responsible and assumes no liability for any activity, content, messages and the like that you or any other users post to a public area or a public profile, or send to another user over an instant messenger system via message boards and/or chat rooms or otherwise; iapploud shall have no liability to you for Content that may be found objectionable, indecent, or offensive; the Website contains links to other Websites and iapploud will not be responsible for the content; accuracy or opinions expressed in such Websites, such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website on or through the Website or the Services does not imply approval or endorsement of the linked Website by us. If you decide to leave the Website and access these third-party sites, you do so at your own risk; iapploud shall not be responsible for any losses arising out of the unauthorized use of your Registration Data or Account; iapploud may at any time lose the right to make certain Products available. In such an event, iapploud will no longer be liable to provide such Products from iapploud's library function or from the Website catalogue.
You hereby agree to indemnify and hold iapploud and its directors, officers, advisors, agents, consultants, contractors, partners, Artists, shareholders, employees and licensors harmless from and against any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of:
If you fail, or iapploud suspects that you have failed, to comply with any of the provision of this Agreement, including but not limited to failure to make payment of fees due, in contravention of the Representations and Warranties, failure to provide iapploud with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, or violation of these Terms and Conditions or any license to the software, iapploud, at its sole discretion, without notice to you may: (a) terminate this Agreement and /or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (b) preclude your access to the Website (or any part thereof) and remove non-compliant information, and seek any other lawful remedy available.
18.1. Entire Agreement This Agreement sets forth the entire agreement between you and iapploud pertaining to your use of the Website and the Services.
18.2. Partial Invalidity If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect.
18.3. Taxes You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes, if applicable.
18.4. Waiver No failure or delay by a user or by iapploud in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
18.5. Governing Law The Agreement shall be governed by the laws of the Republic of India.
18.6. Dispute Resolution All disputes arising in connection with the Terms and/or the respective Plan Term(s) shall be finally settled by arbitration pursuant to the rules of the Arbitration and Conciliation Act, 1996, by one arbitrator appointed in accordance with the said Rules. The seat of arbitration shall be Mumbai. The language of the arbitration proceedings shall be English. The decision of the arbitrator shall be final and binding on the parties.