The UnRecord Label & Music Store

Being Independent PAYS!

Login


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.

1. TERMS OF USE

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. REGISTRATION

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.

2.2. You are solely responsible for maintaining the confidentiality and security of your Account. Either you or iapploud may terminate your user registration at any time. Upon termination of your registration as a User, you will no longer be allowed access to the Website or the Services offered through the Website. iapploud may use all Registration Information, subject to iapploud's compliance with iapploud’s Privacy Policy (the "Privacy Policy"). We either need to provide a short cut to the Privacy Policy page here or guide the user to the respective policy page. This Agreement includes Terms and Conditions set forth in the Privacy Policy. By indicating your agreement to this Agreement, you are consenting to have your personal data used by iapploud as set forth herein and in the Privacy Policy provide relevant site.

3. CONSENT TO OUR COMMUNICATION WITH YOU BY E-MAIL

By establishing an iapploud Account, you grant permission for iapploud to contact you at your e-mail address.

4. ELECTRONIC SIGNATURES AND CONTRACTS

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

5. CONTENT

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. LIMITATIONS OF CONTENT USAGE

6.1. iapploud shall publish Content on their Website of Artists either through Sample(s) and/ or Download(s), defined below: Modify as appropriate.

  • a) A "Sample" is a promotional portion of a Product, in some cases an entire Product, which is made available to you while you are logged onto the Website. Sample(s) may also consist of a promotional music video and/ or video clips. Samples are offered at no cost to you, and you may play as many Samples as you like. You may not attempt, or support others' attempts, to download, copy, distribute, alter or capture a Sample.
  • b) A "Download" is a purchased Product that you can (1) transfer to a compatible portable device, (2) save to your hard drive with unlimited playback time, or (3) burn to a CD/DVD, in each case for personal privateuse only and not for commercial or public use or distribution. iapploud shall have no liability for lost, damaged, or destroyed Downloads. Any security technology that is provided with a Download is an inseparable part of the Download. The Download capability does not operate to limit any rights of the copyright owners in a Product or any works embodied in them.

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.

7. SYSTEM REQUIREMENTS FOR USAGE

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.

8. USE OF WEBSITE AND SERVICES

8.1 Eligibility

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]

8.2 License to use the Website and the Services

8.3 Compliance with the Terms and Conditions and Governing Law

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.

8.4 Community Features/ Public Areas

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.

8.5 Submissions

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.

8.6 iapploud's Rights

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.

8.7 Sales of Downloads

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.

8.8 Limitation on Sales

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.

8.9 Charges and Billing

8.10 Third-Party Services

iapploud may use third parties to provide certain services accessible through the Website. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You hereby agree that we shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings. If there is a dispute between you and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with a third party including other members of the Website, you hereby release iapploud, its officers, partners, shareholders, directors, consultants, contractors, Artists, advisors, employees, agents, successors in rights and licensors from any claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and / or our Services. iapploud does not control those third parties or their services, and you hereby agree that iapploud will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these Terms and Conditions when you use these services. If any such terms or policies conflict with iapploud's Terms and Conditions, agreements or policies, you must comply with iapploud's Terms and Conditions, agreements or policies, as applicable.

8.11 No Refunds

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 .

8.12 Credits, Holds And Offsets

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. USAGE RULES

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.

  • a) Your use of the Content is conditioned upon your prior acceptance of these Terms and Conditions of use. Any purchase of Products and/or Service shall constitute your agreement to and acceptance of these Terms and Conditions;
  • b) You shall be authorized to Download the Content only for personal, [noncommercial]use;
  • c) You may not combine a music file with any video or image file to create a multimedia work;
  • d) You may not use a music file as a musical "ringer" in connection with a phone or phone calls;
  • e) You may [not share] any Content file for the same is strictly prohibited;
  • f) You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Downloads;
  • g) You may not play and then re-digitize any Downloads;
  • h) You may not create any "derivative works" by altering any of the Content;
  • i) You may not upload Downloads to the internet;
  • j) The Download of any Content does not transfer to you [any commercial or] promotional use rights in the Content;
  • k) You hereby agree that your Download constitutes your acceptance of and agreement to the Terms and Conditions of Use and these Usage Rules, and that any use of the Content other than in accordance with these Usage Rules may constitute a copyright and/or intellectual property rights infringement under the Governing Law;
  • l) You may not cancel your yearly or monthly membership for subscription services during the initial term of such services; however, you may give notice of nonrenewal for the following term;
  • m) You agree to notify iapploud immediately of any unauthorized use of your password and/or account;
  • n) You hereby agree that all communications provided by you to us become the property of iapploud and you hereby grant us the right to provide such notices and communications to any third party;
  • o) Except as otherwise provided herein, you may not copy, reproduce, modify, rent, lease, broadcast, download, transmit, distribute or otherwise disseminate any Downloads contained on the Website except for your own personal, [non-commercial] use; and
  • p) You hereby agree that you will not attempt to gain unauthorized access to the Website. You should not attempt to do so or assist others in making such attempts, or distribute instructions, software or tools for that purpose.
  • q) Any other?

9.2. iapploud reserves the right to modify the Usage Rules at any time without prior notice.

10. RESTRICTIONS

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:

  • a) Belongs to another person and to which the user does not have any right to;
  • b) Is grossly harmful, harassing, blasphemous, abusive, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, threatening of a "spamming" nature hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • c) Harm minors in any way;
  • d) Infringes any patent, trademark, copyright or other intellectual property rights;
  • e) Violates any law for the time being in force;
  • f) Deceives or misleads the addressee about the origin of such messages or communicates any information which grossly offensive or menacing in nature;
  • g) Impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
  • h) Violate (intentionally or unintentionally) a contractual, fiduciary or confidentiality obligation or duty you have to any third party;
  • i) Is unsolicited or any kind of unauthorized advertisements, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • j) Constitute political campaigning or commercial solicitation or that contain 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;
  • k) Infringe third-party rights or harm minors in any way. You may not interfere with or disrupt the Website or any networks connected to or by the Website; or
  • l) 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.

11. ENFORCEMENT OF THESE TERMS

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. REPRESENTATIONS AND WARRANTIES

12.1. Mutual Representations and Warranties

12.2. By User

During your use of the Services, you represent and warrant to iapploud that:

13. INTELLECTUAL PROPERTY AND VIOLATION OF INTELLECTUAL PROPERTY RIGHTS

13.1. Intellectual Property

  • a) All copyrights in and to the Website, including but not limited to, the iapploud music store (including the compilation of Content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by iapploud and/or the Artists. The use of the Website, or any Content on the Website, except for use as expressly permitted in this Agreement, is prohibited and subject to civil and criminal penalties, including possible monetary damages, for copyright infringement. All rights not expressly granted to you in this Agreement are reserved to iapploud and/or the Artists.
  • b) All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Website are the property of iapploud and/or Artists or its affiliates. You may not copy, display or use any of these marks without prior written permission of the mark owner.

13.2. Violation Of Intellectual Property Rights

  • a) We take alleged copyright infringement seriously. iapploud respects the copyright properties of others including its Artist’s Content that may be made available on the Website, or via the Website, by third parties not within the control of iapploud. It is our policy not to permit publication of Content known by us or brought to our actual knowledge by an affected person in writing or through email signed with electronic signature in relation to any such infringing Content and/or information. On receipt of such knowledge of infringement and/or otherwise iapploud shall act within thirty six (36) hours and where applicable, work with user or owner of such Content and/or information to disable such Content and/or information. Further, iapploud shall preserve such Content and/or information and associated records for at least ninety (90) days for investigation purposes. If you believe that any Content or information on our Website constitutes copyright infringement, and then please promptly notify the Grievance Officer identified below. Your communication must include substantially the following:
  • b) A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
  • c) Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
  • d) Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit iapploud to locate the material;
  • e) Information reasonably sufficient to permit iapploud to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  • f) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • g) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

A written notification of claimed copyright infringement must be submitted in writing to the following Grievance Officer for this Website:

  • Name:
  • P.O. Box:
  • Telephone:
  • Facsimile:
  • Email:

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. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

14.1. Disclaimer Of Warranties

  • a) You hereby agree that from time to time iapploud may remove the Website for indefinite periods of time, or may be temporarily unavailable from time to time for maintenance or other reasons or iapploud may cancel/terminate the Website at any time, with or without notice to you.
  • b) iapploud is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the Internet or at any Website, including injury or damage to any person's computer related to or resulting from participating or downloading materials in connection with the Website or the Services. iapploud makes no warranty that any particular CD burner or portable device will be compatible with the Website or any Content offered on the Website.
  • c) iapploud is not responsible for any incorrect or inaccurate Content published on the Website or in connection with the Services, including Content published by users of the Website or the Services. Under no circumstance shall iapploud be liable for any unauthorized use of the Website or it’s Content.
  • d) iapploud is not responsible for the conduct, whether online or offline, of any user of the Website.
  • e) iapploud assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft
  • or destruction or unauthorized access to, or alteration of, the Website or the Services.
  • f) Under no circumstances will iapploud be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Services, the Website or any Content published on the Website.

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.

15. INDEMNITY

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:

16. TERMINATION/CANCELLATION

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.

17. PRIVACY

For additional information regarding iapploud's use of information collected in connection with the Website; please refer to iapploud's Privacy Policy, which is incorporated into these Terms and Conditions for reference: Visit Privacy Policy. Provide relevant site.

18. MISCELLANEOUS

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.