DESCRIPTION OF MUSIKEY SERVICES PROVIDED
The Musikey services include
(i) musikey web and WAP
(ii) musikey mobile app
(iii) On-demand streaming of tracks, audio/visual or certain other premium features as also any other service that may be provided by Musikey from time to time.
Each such service would contain its own characteristics. Except for assurances specifically given or descriptions specifically made, Musikey does not give any implied or explicit assurances or warranties with regard to the same. Notwithstanding the description of any of the services, the end user specifically agrees to have subscribed to the service upon a satisfaction of its performance and so the same is therefore subscribed to on an 'as is' and 'as provided' basis. The end user may, if he/she so desires, choose only some of the services listed above. The service you select will be provided to you in accordance with the Law. We will provide the service only for the purpose of your private non-commercial use, enjoyment and therefore you will not use the service or any part of it for any other purposes. The Service may not be viewed in areas open to the public or received by Commercial Establishments. The Service may or may not carry advertisements, and Musikey reserves the right to decide on the same. We shall be entitled to inspect the address premises, without prior notice and during reasonable hours permitted under the law to verify your compliance with the T&C as well as any other subscription contract and the intellectual property rights of any party and, in connection with such inspection, to take photographs and gather documents, materials, equipment or other information necessary as proof of any violation of this T&C or intellectual property rights of any party. In the event that we detect any violation of this T&C or any intellectual property rights belonging to us, we will have the right to take appropriate actions under the law of the land. You understand and permit and agree that you want / allow / can avail SMS, email, telephone call or any other means or services / communication at your discretion, and that the said service / communication shall be availed in such options as are made available by this T&C from time to time.
Unless otherwise stated, Musikey and/or its licensors have access / ownership of the intellectual property rights for all the content on Musikey. All intellectual property rights are reserved. You may view and/or print pages from the website for your own personal use subject to restrictions set in these terms and conditions.
Unless you provide a valid mobile number and / or email id at the time of Sign Up / Registration, the service will not be activated. Musikey reserves the right to reject any Sign Up / Registration without assigning any reason whatsoever. By submitting the registration form, you acknowledge that you are fully informed about the service, have read, understood and agree to be bound by all provisions of the T&C and have only thereupon opted to subscribe to the service. No change by you to any information in the Registration Form shall be valid unless communicated by you in writing and accepted by us in accordance with this Subscription Contract. You warrant and represent that you or your Authorised Representative has achieved the age of majority, is otherwise competent to contract and has the authority to execute this Subscription Contract and be bound by it. Any breach of this section shall be grounds for termination by us of the Subscription Contract. You further acknowledge and agree that by taking any actions or allowing any actions to be taken on your behalf by your Authorised Representative under this Subscription Contract, including without limitation, choosing a subscription package, accepting the service, making a payment, etc. you accept to be bound by the T&C. Musikey Services are available in selected countries only and Musikey would not be held responsible for hindrance/s in the services due to geographical change in your location. You are responsible for the security and proper use of your username and password and for all transactions undertaken using your username and password in this section and it is your responsibility to change your password immediately if you believe it has been compromised. Musikey will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your Username and password and/or your credit card/net banking account details, etc.
This Agreement is perpetual subject to payment of all applicable subscription fees within 48 working hours from the time you register yourself for the service. This Agreement will automatically terminate if payment of renewal fees is not made. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein, and such termination shall be in addition to and not in lieu of any criminal, civil or other remedies available to Musikey. You may terminate it at any time by discontinuing the Musikey services. When this Agreement terminates, you must immediately cease using the services and destroy all copies of the services that reside with you.
Upon required notice to you, we reserve the right, at any time, without liability to you to: (i) replace or otherwise withdraw Packages or Content, (ii) change or reduce the number of hours of any Content; (iii) blackout any Content; (iv) modify the prices for the Service or any part of the Service. We reserve the right to change Packaging and introduce Base and Add On packages and/or offer concerts on an a-la-carte basis. You acknowledge and agree that the Content provided by us as part of the service may be supplied by other parties and thus the availability of content may be outside our control. We reserve the right to refrain from providing to you any content in the interest of national security or in the event of emergency / war or similar situation or if the content is anti-national, promotes political / religious propaganda, is against public policy, is banned or restricted from being distributed under any applicable Law or We otherwise determine that it is objectionable or obscene or is derogatory to any person or class of persons, hurts the religious sentiments of any religious group or infringes the privacy rights of any individual(s) or is not in the interest of our subscribers or the general public.
Package Migration: You may at any time request to upgrade your package to annual from monthly as per the relevant T&C prescribed by us from time to time. You will be liable to pay the applicable charges for the requested package and such charges shall be effective from the date of migration to the said package based on the prevalent package subscription charges at that time and after deducting number of days they have used from the current subscription. The migration has to be effected before the expiry of the ongoing package.
Currently payment is by Paypal only. Musikey will not be liable for any credit card or debit card or net banking fraud. You are requested to communicate all grievances related to such issues with Paypal. Musikey will not entertain or address any such grievances or issues. You confirm that you are aware of the fact that when making any online payment through credit card/ net banking account, you may be directed to the payment gateway page. The payment gateway may redirect you to other website(s) maintained or controlled by third parties and we do not control such third party website/s and are not responsible for any transactions on such website/s. Payments will not be refunded except in as per the terms of the refund policy. Musikey shall not be responsible for all or any dispute or difference relating to online payment made.
At present, there is no refund possible in case of the monthly and quarterly subscription packages. 75% of the annual subscription amount will be refunded provided the request is within 45 days from start of subscription date. No refund would be possible post the same.
STREAMING CONTENT (LIVE & RECORDED)
At musikey.in, Up Media Ventures Pvt Ltd offers subscription based access to live and recorded concerts that are streamed over the internet. Up Media Ventures Pvt Ltd shall independently decide the content that shall be streamed live or streamed recorded or through video on demand and has the absolute right to make changes to the same without prior intimation, even overriding any previous pronouncements, where unavoidable. We also reserve the rights to substitute or remove content due to legal or regulatory reasons as well as Geoblock certain regions from whole or part of the content and / or service for legal / technical reasons. The content produced by us for the live streams is in High Definition and will be encoded. Depending on your internet connection, you may choose the level of transmission.
The Subscription Contract does not authorise you to receive any VOD Content automatically. If You subscribe to any VOD Content, such subscription will be subject to the terms specified by us from time to time. Showcase Events must be subscribed to and canceled as per the time limits specified by Us from time to time. Full or part of live and / or recorded concerts may be included in VOD as per our discretion.
For uninterrupted viewing the minimum internet connection requirement is a bandwidth of 2000 Kbit/s but 6000 Kbit/s or more is recommended. The content can be viewed on any device that can be connected to the internet, including but not restricted to desktops, laptops, tablets, mobile handsets, certain television sets, blu-ray players and audio systems. This is not an exhaustive list and may change at our discretion. It is however not possible to stream simultaneously on different devices using the same account. For more information please access the FAQs or get in touch with us at email@example.com
END USER'S SPECIFIC COVENANTS
The end user agrees that he/she has fully examined and understood the services being subscribed to, with all its limitations, and is subscribing to the same with full understanding of the same. The end user agrees not to hold Musikey or its licensors responsible for any deficiencies on account of timeliness, mis-delivery and deletion or otherwise of user communication or personalized settings on account of the services. The end user agrees that the subscription is limited to the services and any additional service downloaded may involve payment of third party fees, which shall be the sole responsibility of the end user. Further the end user is otherwise responsible for any liability that may arise out of such downloads. The end user agrees not to hold Musikey or its licensors responsible for any losses or other damage caused or claimed to have been caused, directly or indirectly by the use of the services.
OBLIGATIONS AT THE TIME OF REGISTRATION
END USER'S CONDUCT
Without prejudice to the terms and conditions contained elsewhere in this agreement, the end user undertakes not to use the service to:(a) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;(b) impersonate any person or entity, including, but not limited to, a Musikey official, forum leader, guide or host, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the services;(d) upload, post, email, transmit or otherwise make available any content that the end user does not have a right to make available under any law or under contractual obligations.(e) 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;(f) 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, except in those areas that are designated for such purpose;(h) upload, post, email, transmit or otherwise make available any content 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 or in any manner disrupt or otherwise negatively affect other users' ability to use the services;(i) interfere with or disrupt the services or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the services or of Musikey; (j) in any manner violate any applicable local, state, national or international law;(j) engage in any manner of unlawful conduct whatsoever that may be in violation of the Information Technology Act, 2000, or of any other law for the time being in force. Further, recognizing the global nature of the internet, the end user agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, end user agrees to comply with all applicable laws regarding the transmission of technical data exported from India or the country in which the service is used.
CONTRIBUTIONS BY END USERS
By submitting ideas, suggestions, documents, or other information and/or proposals (hereinafter called "contributions") to Musikey including through its registration, suggestion or feedback WebPages or through any other means whatsoever, the end user acknowledges and agrees that: (a) his/her contributions do not contain confidential or proprietary information; (b) Musikey is not under any obligation of confidentiality, express or implied, with respect to the contributions; (c) Musikey shall be entitled to use or disclose (or choose not to use or disclose) such contributions for any purpose, in any way, in any media worldwide; (d) Musikey may have something similar to the contributions already under consideration or in development; (e) end user's contributions automatically become the property of Musikey without any obligation of Musikey to the end user; and (f) end user shall not be entitled to any compensation or reimbursement of any kind from Musikey under any circumstances.
LOG FILE INFORMATION
When you use the website, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
CLEAR GIFS INFORMATION
When you use the website, we may employ "clear GIFs" (a.k.a. Web Beacons) which are used to track the online usage patterns of our users / members anonymously. In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened by recipients.
End user agrees to indemnify and hold Musikey and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of the use of the services.
The end user acknowledges that Musikey may establish general practices and limits concerning use of the services. The end user acknowledges that Musikey reserves the right to modify these general practices and limits from time to time.
Musikey reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice. The end user agrees that Musikey shall not be liable to him/her or to any third party for any modification, suspension or discontinuance of the services.
The end user agrees that Musikey may, in case of violations of any of these terms & conditions, at any time and without prior notice, immediately terminate his/her access to the services, without giving rise to any liability against Musikey.
The end user's correspondence or business dealings with, or participation in promotions of, advertisers found on or through the services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the end user and such advertiser. The end user agrees that Musikey shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the services.
The end user acknowledges and agrees that the services and any necessary software used in connection with the services (herein called "software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The end user further acknowledges and agrees that content contained in sponsor advertisements or information presented to the end user through the service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by Musikey or its licensors or advertisers, the end user agrees not to modify, reverse engineer, decode rent, lease, loan, sell, distribute or create derivative works based on the services or the software, in whole or in part.
DISCLAIMERS & WARRANTIES
In addition to the disclaimer and warranties explicitly and impliedly contained elsewhere in this agreement, the end user expressly understands and agrees that:>
The end user's use of the services is at his/her sole risk. The services is provided on an "as is" and "as provided" basis. Musikey and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
Musikey and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be responsible for any deficiency in services on account of a lack of mobile telephone network, insufficient bandwidth, defect in the device being used or on account of any other reason not directly attributable to Musikey; Musikey and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the services will meet the end user's requirements; (ii) the 'Musieky services will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the services will be accurate or reliable; and (iv) the quality of any products, services, information or other content purchased or obtained by the end user through the services will meet his/her expectations; Any content viewed through the use of the services is accessed at the end user's own discretion and risk, and that he/she will be solely responsible for any damage to his/her device or loss of data that results from the download of any such content; No advice or information, whether oral or written, obtained by the end user from Musikey or through or from the services shall create any warranty not expressly stated in this agreement; The services is provided for informational purposes only, and no content included in the service is intended for trading or investing purposes. Musikey and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the services, and shall not be responsible or liable for any trading or investment decisions based on such information; Immediately discontinue use of the service and consult his/her physician if the end user experiences any of the following symptoms while using the services: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
Up Media Ventures Pvt Ltd and musikey.in guarantee that if a service malfunction at our end results in you being unable to view the live streamed or recorded concert(s) and if we are unable to resolve the issue within a reasonable time then we shall:
• provide you with a recording of the concert as a video on demand.
• that not being possible, provide you with a substitute recorded concert.
In case of Video on Demand, you will be able to access the content post the resolution.
In case Up Media Ventures Pvt Ltd and / or musikey.in and / or any of their partners, vendors, suppliers, etc are unable to provide the service(s) mentioned under this agreement as a result of a force majeure, which can be, but are not limited to: act of God, strikes, work stoppages, or other labor disturbances, riots or civil commotions, litigation, war or other act of any foreign nation, power of government, or governmental agency or authority, or other emergencies, which make it inadvisable or impossible to hold the contracted terms of this agreement, then the company shall be excused for the period of the delay, shall not be liable for any refund or extension of the subscription, and will be indemnified from any legal proceedings.
LIMITATION OF LIABILITY
The end users expressly understand and agree that Musikey and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to the end user for any direct, indirect, incidental, special, consequential or exemplary damages.
Musikey may provide the end user with notices, including those regarding changes to this agreement, by any means including but not limited to email, regular mail, sms, mms, text message, postings on the service, or other reasonable means now known or hereinafter developed and such notice shall constitute adequate notice to end user. the end user may provide Musikey with notices, by registered post and email at such notice address as notified on its web page and this shall constitute adequate notice to Musikey
This agreement constitutes the entire agreement between the end user and Musikey and governs the use of the services, superseding any prior agreements between the end user and Musikey with respect to the services [except where this agreement makes a specific reference to the prior agreement]. The end user also may be subject to additional terms and conditions that may apply when the end user uses or purchases certain other Musikey services, affiliate services, third-party content or third-party software.
If any provision of this agreement is prohibited or held or determined to be void, invalid, illegal or unenforceable in any jurisdiction under any law applicable for the time being, such provisions shall be deemed amended or modified or deleted in so far as is reasonably inconsistent with the provisions of this agreement and to the extent necessary to conform to applicable laws and the remaining provisions of this agreement shall remain valid, legal and enforceable in accordance with this agreement. A failure by Musikey to enforce any of its rights under this agreement shall not at any time be construed as a waiver thereof.
Governing law & arbitration
This agreement and the rights and obligations of the parties under this agreement shall be construed and enforced in accordance with the laws of India. Any dispute pertaining to the provision of the service, shall be subjected to arbitration. Either party may refer the matter to a sole arbitrator to be nominated by Musikey. The decision of the arbitral tribunal shall be binding and final. The provisions of the arbitration and conciliation act, 1996, or any other statutory amendment, for the time being in force, shall apply. The arbitration shall be conducted at Mumbai (d) without prejudice to any other term of this agreement, it is specifically agreed by the end user that no claim or cause of action shall lie against Musikey and/or its subsidiaries, affiliates, officers, employees, agents, partners and licensors at any time later than one year from the date of subscription to the service.
Collecting information about you
Musikey only collects personal information that is necessary for business purposes. We endeavor at all times to collect personal information in a fair and lawful manner, and to meet our members' expectations that we will respect their right to control how their personal information is collected and used. Musikey collects personal information in many parts of its business. These include: applications submitted and papers signed, at the time of becoming a subscriber or thereafter. At the time of online registration for membership. Through interactions subsequent to becoming a member. This policy explains the main features of Musikey’s use of member and customer information and is not exhaustive.
Musikey uses or may use a range of service providers, consultants, etc. to help maximize the quality and efficiency of its business operations. This means that individuals and organizations outside of Musikey, will have access to personal information held by Musikey and may use it on behalf of Musikey. We take no responsibility for the actions of such persons or of any third persons who come into possession of such information.
Musikey and marketing activities
For our web site users
Musikey is committed to high standards of data security with respect to information collected on its web-site. We shall endeavor to offer reasonable data security measures for transactions made over the Internet, but do not accept any responsibility with regard to the same.
Changing and deleting the information we have about you
If at any time you wish to change personal information that is inaccurate or out of date, please contact Musikey and the records would be amended. If you wish to have your personal information deleted, please let Musikey know in the same manner as referred to above and we will take all reasonable steps to delete it unless we need to keep it for legal reasons.
Storage and security of your personal information you
Musikey endeavors to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date.
What to do if you have a problem or question or want to contact Musikey
Special Note to INTERNATIONAL USERS / MEMBERS
Musikey registered in India. If you are a user / member accessing th website from any other region with laws or regulations governing personal data collection, user, protection and disclosure, that differ from the applicable Indian laws, please note that through your use of the www.musikey.in website, this Privacy Notice, and our T&C, you are transferring your Personal Information to India and you are giving a complete consent for the mentioned transfer. Musikey will, at any point of time, be complying with the legal provisions on the subject matter, as applicable in India from time to time.