This Mobile Application (hereinafter referred to as "Application") is provided by SAREGAMA INDIA LIMITED (hereinafter referred to as "SAREGAMA") on the following terms and conditions of use and any other policies, rules, or guidelines updated SAREGAMA from time to time.

Please read these Terms and Conditions carefully before using application or purchasing or subscribing to any of the products or services available on or through it. These Terms and Conditions of use may be changed in the future without prior notice to you and your continued usage of this Application shall be deemed as acceptance of such change in terms and conditions. You may choose not to agree changes in terms and conditions by stopping use of this Application.

Your Use of this Application

SAREGAMA grants you a limited license to access and make use of this Application and the products and services provided herein for personal use only and not for commercial gains or to modify it, or any portion of it.

This license does not include any resale or commercial use of this Application or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Application 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 without express written consent of SAREGAMA.

The digital media download and streaming services provided by this Application are for your own personal and non-commercial use and you are not authorized to make any copies of any downloads other than for personal use.

This Application may provide "Previews" and full song streaming of songs / part thereof or videos that can be played / viewed directly on a promotional basis and at no cost. You are allowed to play such Previews and full song streams any number of times, but you may not attempt (or support others' in their attempts) to capture, copy or other download a Preview or full song stream.

This Application or any portion of this Application may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose whatsoever without express written consent of SAREGAMA.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SAREGAMA without express written consent.

Proprietary Rights

All content included on this Application, not limited to music (including the underlying works thereof), videos, ring - tones, text, graphics, logos, button icons, images, audio clips, data compilations, and software ("Content"), is the property of SAREGAMA or its suppliers, sponsors, licensors or affiliates (collectively, "Business Partners"), and is protected by National / International Copyright law, Trademark law, and trade secret law.

SAREGAMA owns the copyright in this Application as a collective work and/or compilation, and in the selection, coordination and arrangement of the Content. You may not copy/use the design, style, unique links, services etc. provided on / through this Application. Except as expressly provided in these Terms and Conditions, neither SAREGAMA nor its Business Partners grant any rights to you under any patents, copyrights, trademarks or trade secret information.

You understand that by using the Application, you may be exposed to Content that may be offensive or objectionable according to your judgment. Under no circumstances will SAREGAMA be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Application. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Account Maintenance and Responsibility

If you wish to purchase any products or use the services on this Application, you must pay for the same using any one of the various payment option made available with this Application. You may please note that such payment gateways are provided by third parties through third party platforms and that Saregama shall not be responsible for any discrepancy with respect to the same.

By entering any information on this Application, you represent and warrant that: (i) you are using your actual identity; (ii) you have provided only true, accurate, current and complete information; and (iii) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. You are responsible for maintaining the confidentiality of your account and its password, as well as for all activities that occur under your password or account. You shall be held liable for losses incurred by SAREGAMA or another party due to your non-compliance with obligations stated herein.

SAREGAMA cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, please notify us immediately.

Termination

You or we may suspend or terminate your account or your use of this Application at any time, without notice, for any reason whatsoever. You are personally liable for any orders that you place or charges that you incur prior to termination.

We may also at any time, at our sole discretion, change, suspend or discontinue the Application or any services provided thereunder or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Application or such services.

Product Orders

PRICES AND AVAILABILITY OF THE PRODUCTS, OFFERS, PROMOTIONS AND SERVICES LISTED ON THIS APPLICATION ARE SUBJECT TO CHANGE WITHOUT NOTICE.

The listing, description of, or reference to, a product or service on this Application does not imply that the product or service is presently available or that we endorse that product or service.

Where the Prices are mentioned in different currency, the local conversion rates/taxes /bank charges will be applicable and the same shall be borne by you.

In the event a product or service is listed at an incorrect price due to a typographical error or error in pricing information received from a supplier, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall promptly issue a credit to your credit card account for the amount of the incorrect price.

Order Acceptance

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all.

We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service. However, the difference in the price paid by you and the price of the product supplied or service rendered shall be credited to your credit card.

Restrictions

Not all Content/products and services listed on this Application may be available for sale or delivery in every area. All orders of content/products or services are subject to prevailing law, including, as appropriate, export and import regulations and other restrictions, if any, imposed by governing bodies having jurisdiction over such orders, products or services.

User / Third Party Generated Content

All information, data, text, software, music, sound, photographs, graphics, video, messages or other content whether publicly or privately transmitted / posted, is the sole responsibility of the person from whom such content is originated. SAREGAMA does not accept any responsibility for the content posted by users. By posting or submitting any content/images you represent that you have the requisite rights and title or have the permission of the copyright owner to submit the same and grant licenses and sublicenses as described in these terms of use. You further represent that such posting or submission does not constitute an infringement. You shall indemnify and keep indemnified SAREGAMA and it's affiliates with respect to any and all claims of infringement or otherwise, arising from such content. However, you understand and accept that any material/ content posted or submitted by you becomes the property of SAREGAMA and that by such submission/posting you grant SAREGAMA and its affiliates a non-exclusive, free, irrevocable and perpetual right/license to use, publish, reproduce, modify, adapt, translate, distribute, transmit, synchronise, display, perform, sub-license or otherwise utilize such content / materials by incorporating it in any media, format or platform, whether now known or later developed.

All the contents of this Application are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Application is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Application.

User Conduct:

You acknowledge that SAREGAMA does not control, edit or filter the Content posted in chats, forums, bulletin boards, discussion groups or other community and publicly accessible services but that SAREGAMA shall have the right, but not the obligation, to refuse or remove any content that is available on the Application, without notice and whether or not the same violates these Terms and Conditions.

You agree not to use this Application to:

  • Upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, religiously, ethnically or otherwise objectionable.
  • Impersonate any person or entity, including, but not limited to, a SAREGAMA representative, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Application.
  • Pursue any activity that causes / may cause / or is likely to cause harm to minors..
  • Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  • Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
  • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
  • Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • Carry out any Denial of Service or similar harmful attacks on any application or service.
  • Interfere with or disrupt the Application or servers or networks connected to the Application, or disobey any requirements, procedures, policies or regulations of networks connected to the Application.
  • Intentionally or unintentionally violate any applicable local, state, national or international law.
  • Collect or store personal data about other users.

Content Usage

  • You are authorised to use the Content only for personal, non-commercial use, and you may not redistribute, transfer, assign, and sublicense or use the content in any other manner whatsoever
  • SoSome of the content provided through this Application may be protected using security frameworks that limit your usage of the content. You agree that you shall not violate or attempt to violate any security components related to this Application. You agree not to attempt to or aid / support another person to reverse-engineer, circumvent, 'hack', disassemble or otherwise alter or interfere with any of the security components related to this Application or any Content provided through it. Any such security component is an essential part of the content and may not be removed without copyright infringement of such content.
  • Content may also be provided in formats without any digital rights management or security component. Such content may be used in manners reasonably necessary for personal and non-commercial use.

Advertisements

We, in our sole discretion, may post the advertisements or other materials of third parties on this Application. Your correspondence or any other transaction with advertisers found on this Application is solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such advertisements on this Application. Moreover, we shall not be responsible or liable for the statements or conduct of any such advertisers on this Application.

Links

We make no claims or representations regarding the quality, content, nature or reliability of Applications and we accept no responsibility in connection therewith...

Intellectual Property Infringement Complaints

It is SAREGAMA's strict policy to respect the Intellectual Property Rights of others. SAREGAMA has taken adequate measures to ensure that the content on the Application is displayed either with the permission from their respective owners or SAREGAMA believes the same to be in public domain. However, SAREGAMA shall not liable for any infringement of copyright arising out of materials posted on or transmitted through the Application, or items advertised on the Application, by end users or any other third parties.

Our policy is to comply with all Intellectual Property Laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your intellectual property has been infringed upon, please provide us with the following information:

  • A description of the intellectual property that you claim has been infringed, as well as, an explanation as to why you believe in good faith that the disputed use is not authorized by the intellectual property owner, its agent, or the law.
  • The exact location of the material that you claim is infringing.
  • Your address, telephone number, and email address.
  • A statement signed by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner's behalf.

The above mentioned information must be sent to:

E-mail : feedback.shakti@saregama.com
Saregama India Limited
# 33 Jessore Road
Dum Dum
Kolkata 700028

Acceptance of Privacy Policy

By using SAREGAMA's Application and services, you signify your acceptance of the Privacy Policy related to the same. If you do not agree or are not comfortable with any policy described in the Privacy Policy, your only remedy is to discontinue use of SAREGAMA's Application. We reserve the right, to modify the Privacy Policy at any time.

DISCLAIMER

SAERGAMA EXPRESSLY DISCALIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY THIRD PARTY PROVIDED SERVICES FOR ACCESS AND/OR TRANSACTION ON THIS APPLICATION, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA ACCOUNTS, PAYMENT GATEWAYS, AD NETWORKS OR ANY OTHER THIRD PARTY WHO IS INTEGRATED WITH THIS APPLICATION.

SAREGAMA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS APPLICATION AND/OR ANY PRODUCTS/CONTENT AND/OR SERVICES PROVIDED THROUGH THIS APPLICATION. WITHOUT LIMITING THE FOREGOING, SAREGAMA DISCLAIMS ANY WARRANTY THAT THE APPLICATION AND/OR ANY CONTENT/PRODUCT OR SERVICES WILL BE ERROR FREE OR UNINTERRUPTED OR THAT ANY OR ALL ERRORS WILL BE CORRECTED. SAREGAMA FURTHER DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE APPLICATION AND/OR ANY CONTENT/PRODUCT OR SERVICES AS TO MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY OF ANY INFORMATION PROVIDED, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SAREGAMA FURTHER DISCLAIMS ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE

LIMITATION OF LIABILITY

In no event will Saregama be liable for any indirect, incidental, special, punitive or consequential damages, including loss of profits, incurred by you for using this Application or any Contents thereof, whether in an action in contract, breach of warranty or tort, even if Saregama has been advised of the possibility of such damages. Notwithstanding anything contained herein Saregama's liability arising with respect to or in connection with this Application and any of the products/Content and/or services provided shall be limited to the monies actually received by Saregama from the concerned user/Claimant.

Governing Law

These Terms & Conditions and/or the orders placed by the User on SAREGAMA for goods/services and/or the use of services provided through this Application shall be governed by the laws of India. The User agrees to submit to the exclusive jurisdiction of the Courts located in Kolkata, India as regards any claims or matters arising under these terms & conditions.

Governing Law

These Terms & Conditions and/or the orders placed by the User on SAREGAMA for goods/services and/or the use of services provided through this Application shall be governed by the laws of India. The User agrees to submit to the exclusive jurisdiction of the Courts located in Kolkata, India as regards any claims or matters arising under these terms & conditions.

Contact Information

If you have any questions regarding this Application or any requests for additional information concerning SAREGAMA, please send us an email at : : feedback.shakti@saregama.com. Or contact us at Saregama India Limited, 33 Jessore Road, Dum Dum, Kolkata 700028.