TERMS OF USE
TERMS OF USE
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of RhythmOn for mobile and handheld devices (“Platform”).
1. Contractual Relationship
1.1. These terms of use (the " Terms of Use") govern your use of our Platform. Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform. By even merely using the Platform, you shall be contracting with AAHANA PRODUCTIONS LLP (“RhythmOn,” “we,” “us,” “our”) and you signify your acceptance to the Terms of Use and other policies os use of the Platform (including but not limited to the Privacy Policy and Cookies Policy) as posted on the Platform from time to time, which takes effect on the date on which you download, install or use the Services either directly or indirectly, and create a legally binding arrangement to abide by the same.
1.2. RhythmOn provides personalised services with respect to (i) social and interactive features amongst artists/ talent managers/ media houses/ and other member RhythmOn deems fit (“Community Feature”); (ii) all its members with access to music over the internet through its platform (“Radio Feature”); as well as other products and services that may be developed from time to time. By signing up or otherwise accessing any of these services/features, including all associated features and functionalities, websites and user interfaces, content and software applications associated with those services (collectively, the “RhythmOn Service” or “Service”), you are entering into a binding contract with RhythmOn.
1.3. Your agreement with us includes these Terms and any additional terms that you agree to, as discussed in the Entire Agreement section below, other than terms with any third parties and such Agreements RhythmOn might execute with you (collectively, the “Agreements”). The Agreements include and is not limited to terms regarding future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy, waiver of class actions, and resolution of disputes by arbitration. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not access the RhythmOn Service or the Platform and any liability arising out of continued use of the RhythmOn Services or the Platform cannot be attributed to RhythmOn.
1.4. In order to access the RhythmOn Service, you need to (1) be atleast an age of 18 years, or the age of legal maturity in your jurisdiction (if different than 18), unless a specific service permits otherwise. If you don’t meet the minimum age requirement, it is deemed that you are accessing the Platform through your legal guardian, who I deemed to have entered into the contract on behalf of you, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) reside in a country where Service is available. You also promise that any registration information that you submit to RhythmOn is true, accurate, and complete, and you agree to keep it that way at all times. Furthermore, RhythmOn undertakes no liability in relation to a violation of Terms and Conditions of Use by you.
1.5. You cannot authorize any third party(s) to use your account, you cannot assign or otherwise transfer your account to any other person or entity. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, property damage, infringement of intellectual property rights, of any other user, party, individual or third party. In certain instances, you may be asked to provide proof of your identity to access or use the Service, and you agree that you may be denied access to the Platform and/or the Services if you fail to provide proof of identity or if it appears that you have provided a fake proof of identity.
2. Changes to the Agreements
We may make changes to the Agreements for valid reasons, such as improving the existing functions or features or adding new functions or features to the Service, implementing advancements in science and technology, and reasonable technical adjustments to the Service, ensuring the operability or the security of the Service, and for legal or regulatory reasons. When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice on the Platform, by sending you an email or other mode of communication. In some cases, we will notify you in advance, and your continued accessing of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account and/or stop availing the Services with immediate effect.
3. Description of the Platform
3.1. The Platform is a hosting service which is classified into three features i.e. (i) Community Feature; and (ii) Radio Feature.
3.2. Registered users of the Community Feature of the Platform may submit, upload and post audio, text, photos, pictures, graphics, comments, hyperlinks and other content, data or information ("Community Feature Content"), which will be stored by RhythmOn at the direction of such registered users, and may be shared and distributed by such registered users, and other users of the Platform, using the tools and features provided as part of the Platform and accessible via the Website, Apps and elsewhere. It is clarified that, all the members of the Platform will not have access to the Community Feature Content or the Community Feature, and the said feature is only restricted to artists, media houses, talent managers and such other members RhythmOn, at its sole discretion, deems fit.
3.3. All the registered users of the Platform will be granted access to such audio clips, musical works or such works uploaded by RhythmOn on behalf of such artists ("Radio Feature Content") who grant license to RhythmOn to host their content of the Platform, and manner such registered user uses such feature will be stored by RhythmOn, and may be shared with its affiliates/ contractor/ sub-contractors/ partners/ advertisers etc, to provide such registered user with better experience.
3.4. Community Feature and the Radio Feature on our Platform are only available to registered users at free of cost. In order to make the Platform available for free and provide you with personally relevant features, we serve tailored ads on the Platform on behalf of third-party advertisers. To that end, we use information that you make available to us when you interact with the Platform to inform the nature of the ads we show you and provide you with a customized experience. More information on how we use data to show you personalized ads is described in our Privacy Policy.
3.5. We may, from time to time, release new tools and resources on the Platform, or introduce other services and/or features for the Platform. Any new services and features will be subject to these Terms of Use as well as any additional terms and conditions that we may release for those specific services or features.
4. Your RhythmOn Account
4.1. The access to the Platform and certain Services is only available to registered users. As an example, our Platform, Community Features, enables registered users, only such as artists, media houses, talent manages etc to access this feature on the Platform.
4.2. In order to help you to navigate and discover content on the Platform that interests you, as a registered user you will also receive auto-generated personalized recommendations of other content that might appeal to you, based on your listening habits.
4.3. When you register to use the Platform, you will provide us with your mobile number and email address, and will choose a username and password for your account. You must ensure that the email address that you provide is, and remains, valid. Your email address and any other information you chose to provide about yourself will be treated in accordance with our Privacy Policy.
4.4. In addition to the aforesaid, if you are registering for the Community Feature, we may collect information such as your prior experience as an artist, your portfolio etc at the time of registration.
4.5. You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your account, whether or not such activity was authorized by you.
4.6. If your username or password is lost or stolen, or if your handheld device is lost of stolen or in the event your registered email address is hacked and if any of the above are likely to be misused, or if you believe that your account has been accessed by unauthorized third parties, you shall immediately notify RhythmOn in writing. RhythmOn shall, at its sole discretion, be entitled to deactivate your account and take all such steps necessary to avoid any unauthorized use of your account.
4.7. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, deactivate, suspend or terminate your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms of Use, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.
4.8. You may terminate your account at any time as described in the Termination section below.
5. Your use of the Platform
5.1. Subject to your strict compliance with these Terms of Use and our Privacy Policy at any and all times during your use of the Platform, RhythmOn grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Platform in order to view Radio Content uploaded and posted to the Website, to listen to Radio Content streamed from the Platform or offline and to share and download Radio Content using the features of the Platform where the such artist has granted necessary rights to upload such relevant Radio Content (the "Uploader"), and subject to the territorial availability of that feature and Radio Content. The Radio Content is strictly copyright protected content of its authors and is to be used for entertainment purposes only and cannot be used/modified/shared by any user or people associated with them for any commercial gains, either directly or indirectly.
5.2. If you register to use the Community Feature, and subject to your strict compliance with these Terms of Use and other Agreements, at any and all times during your use of the Platform, RhythmOn grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to:
a. submit, upload or post Social Content to and keep such Social Content available on the Platform strictly as permitted in accordance with these Terms of Use and any other applicable terms posted on the Website from time to time;
b. use Apps and other Services provided as part of the Platform strictly as permitted in accordance with these Terms of Use and any other terms applicable to those Apps or Services from time to time.
5.3. The above licenses are conditional upon your strict compliance with these Terms of Use and other Agreements, at any and all times during your use of the Platform, including, without limitation, the following:
a. You must not copy, rip or capture, or attempt to copy, rip or capture, any audio Content from the Platform or any part of the Platform, other than by means of download or store for offline listening in circumstances where the relevant Uploader has elected to permit downloads or offline listening of the relevant item of Content.
b. You must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform at any and all times, except (i) where such Content is Your Content at any and all times during your use of the applicable Content, or (ii) as permitted under these Terms of Use, and within the parameters set by the Uploader (for example, under the terms of Creative Commons licenses selected by the Uploader).
c. You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Platform offering.
d. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
e. You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent the popularity of Your Content on the Platform, or to misrepresent your activity on the Platform, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, add followers to your account, play Content, follow or unfollow other users, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Platform.
f. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Platform or any Content appearing on the Platform (other than Your Content).
g. You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Apps or Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or territorial restrictions or access any rights management information pertaining to Content other than Your Content.
h. You must not use the Platform to upload, post, store, transmit, display, copy, distribute, promote, make available, continue to make available or otherwise communicate to the public:
i. any Content that is abusive, libellous, defamatory, pornographic or obscene, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or is otherwise objectionable in RhythmOn’s reasonable discretion;
ii. any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
iii. any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in RhythmOn’s reasonable opinion;
iv. any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user's use and enjoyment of the Platform; or
v. any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
i. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability, any liability under tord or otherwise violate any law, regulation or is in violation of rights of any other individual or entity.
j. You must not rent, sell or lease access to the Platform, or any Content on the Platform, although this shall not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.
k. You must not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
l. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any RhythmOn employee.
m. You must not use or attempt to use another person's account, password, or other information, unless you have express permission from that other person.
n. You must not sell or transfer, or offer to sell or transfer, any RhythmOn account to any third party without the prior written approval of RhythmOn.
o. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
p. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by RhythmOn or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of RhythmOn’s servers, system or network or attempt to breach RhythmOn’s data security or authentication procedures; attempt to interfere with the Website or the Services by any means including, without limitation, hacking RhythmOn’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of RhythmOn under these Terms of Use, RhythmOn reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
5.4. You can report any abuse or complain about Member Content by contacting us, outlining the abuse and/or complaint. You can also report a user directly from a profile or in chat by clicking the ‘Block & Report’ link. We reserve the right to investigate any possible violations of these Terms, and we may, in our sole discretion, immediately terminate any user’s right to use the Platform without prior notice, as set out further in the Terms and Conditions.
5.5. RhythmOn reserves the right to investigate and take appropriate legal action against anyone who, in RhythmOn's sole discretion, violates this provision, including, without limitation, terminating your account and/or reporting such activity or Content to law enforcement authorities.
5.6. You agree to comply with the above conditions at any and all times during your use of the Platform, and acknowledge and agree that RhythmOn has the right, in its sole discretion, to deactivate, suspend, terminate your account or take such other action as we deem fit, if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.
6. Your content
6.1. Any and all audio, text, photos, pictures, graphics, comments, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Platform (hereinafter "Your Content") is generated, owned and controlled solely by you, and not by RhythmOn.
6.2. RhythmOn does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility. Further, RhythmOn is also not responsible for any infringement of Your Content and shall only be responsible to take appropriate action as stipulated in the Terms of Use, upon being aware of any such infringement.
6.3. Without prejudice to the conditions set forth in Your Use of the Platform you must not upload, store, distribute, send, transmit, display, perform, make available, continue to make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform), independent of whether it is or becomes unauthorized at a later point, may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Platform as described in the Repeat Infringers section below, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder.
6.4. We may, from time to time, invite or provide you with means to provide feedback regarding the Platform, and in such circumstances, any feedback you provide will be deemed non-confidential and RhythmOn shall have the right, but not the obligation, to use such feedback on an unrestricted basis.
7. Grant of license
7.1. RhythmOn mobile application is licensed to You and not sold by way of a non-transferable license to use the application and contents contained therein on any android or IOS device owned by or controlled by You. You will strictly use the Platform as per the Terms of Use. You agree and acknowledge that We own all rights, title, interest, in and to the RhythmOn device application/Platform, including, without limitation, the content made available therein and all the rights associated therein.
7.2. By uploading or posting any kind of content to the Platform, you initiate an automated process to transcode any content and direct RhythmOn to store Your Content on our servers, from where you may control and authorize the use, ways of reproduction, transmission, distribution, public display, public performance, making available (including whether users will be permitted to listen to your Content offline) and other communication to the public of Your Content on the Platform and elsewhere using the Services. To the extent it is necessary in order for RhythmOn to provide you with any of the aforementioned hosting services, to undertake any of the tasks set forth in these Terms of Use, including the distribution of advertising or other promotional material on our Platform and/or to enable your use of the Platform, you hereby grant such licenses to RhythmOn on a limited, worldwide, non-exclusive, royalty-free and fully paid basis.
7.3. By uploading Your Content to the Platform, you also grant a limited, worldwide, non-exclusive, royalty-free, fully paid up, license to other users of the Platform, and to operators and users of any other websites, apps and/or platforms to which Your Content has been shared or embedded using the Services ("Linked Services"), to use, copy, listen to offline, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public, Your Content utilizing the features of the Platform from time to time, and within the parameters set by you using the Services. You can limit and restrict the availability of certain of Your Content to other users of the Platform, and to users of Linked Services, at any time using the permissions tab in the track edit section for each sound you upload, subject to the provisions of the Disclaimer section below. Notwithstanding the foregoing, nothing in these Terms of Use grants any rights to any other user of the Platform with respect to any proprietary name, logo, trademark or service mark uploaded by you as part of Your Content (for example, your profile picture) ("Marks"), other than the right to reproduce, publicly display, make available and otherwise communicate to the public those Marks, automatically and without alteration, as part of the act of reposting sounds with which you have associated those Marks.
7.4. The licenses granted in this section are granted separately with respect to each item of Your Content that you upload to the Platform. Licenses with respect to audio Content, and any images or text within your account, will (subject to the following paragraph of these Terms of Use) terminate automatically when you remove such Content from your account. Licenses with respect to comments or other contributions that you make on the Platform will be perpetual and irrevocable, and will continue notwithstanding any termination of your account.
7.5. Removal of audio Content from your account will automatically result in the deletion of the relevant files from RhythmOn’s systems and servers. However, notwithstanding the foregoing, you hereby acknowledge and agree that once Your Content is distributed to a Linked Service, RhythmOn is not obligated to ensure the deletion of Your Content from any servers or systems operated by the operators of any Linked Service, or to require that any user of the Platform or any Linked Service deletes any item of Your Content. Furthermore, if you authorize any of Your Content to be available for offline listening, after deletion of an item of Your Content or removal from the ability for other users to listen to the applicable Content offline, the applicable Content may still be temporarily available to other users of the Platform who saved the applicable Content for offline listening on their devices, but no longer than 30 days from the time of deletion.
7.6. Any Content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Platform from time to time and within the parameters set by the Uploader on the Platform or with the express written consent of the Uploader. Where you repost another user’s Content, or include another user’s Content in a playlist or station or where you listen to another user’s Content offline, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.
8. Representations and warranties
8.1. You hereby represent and warrant to RhythmOn as follows: (i) Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use at any and all times during any applicable use, and (if and where relevant) to authorize RhythmOn to use, Your Content pursuant to these Terms of Use, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available (including for listening offline) and otherwise communicate to the public Your Content, and each and every part thereof, on, through or via the Platform, any and all Services and any Linked Services.
8.2. Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
8.3. You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Platform and via any Linked Services.
8.4. Your Content, including any comments that you may post on the Website, is not and will not be unlawful, abusive, libellous, defamatory, pornographic or obscene, and will not promote or incite violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation.
8.5. Your Content does not and will not create any liability on the part of RhythmOn, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders. RhythmOn reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.
9. Liability for content
9.1. You hereby acknowledge and agree that RhythmOn (i) stores content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such content, and (iii) plays no active role and gives no assistance in the presentation or use of the content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Platform, and to the extent permissible by law, RhythmOn excludes all liability with respect to all content (including Your Content) and the activities of its users with respect thereto.
9.2. You hereby acknowledge and agree that RhythmOn cannot and does not review the content created or uploaded by its users, and neither RhythmOn nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and may, but does not undertake or assume any duty to, monitor the Platform for content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Use or applicable law.
9.3. RhythmOn and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any content uploaded to the Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of abusive, defamatory, pornographic, or obscene material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platform. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against RhythmOn or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
10. Reporting infringements
10.1. If you discover any content on the Platform that you believe infringes your copyright, please report this to us by reporting the same to our page administrator.
10.2. If you would prefer to send us your own written notification, please make sure that you include the following information:
a. a statement that you have identified Content on RhythmOn that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
b. a description of the copyright work(s) that you claim have been infringed;
c. a description of the Content that you claim is infringing and the RhythmOn URL(s) where such Content can be located;
d. your full name, address and telephone number, a valid email address on which you can be contacted, and your RhythmOn® username if you have one;
e. a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
10.3. In addition, if you wish for your notice to be considered as a notice pursuant to the Copyright Act 1957, please also include the following:
a. with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
b. your electronic or physical signature (which may be a scanned copy).
10.4. Your notice should be sent to us by email to INFO@RhythmOn.IN and/or by mail to the following address:
AAHANA PRODUCTIONS LLP
PLOT NO 8
IDA NACHARAM
HYDERABAD - 500076
10.5. The foregoing process applies to copyright only. If you discover any Content that you believe to be in violation of your trademark rights, please report this to us by email at INFO@RhythmOn.IN. In all other cases, if you discover Content that infringes or violates any of your other rights, which you believe is defamatory, pornographic, obscene, racist or otherwise liable to cause widespread offense, or which constitutes impersonation, abuse, spam or otherwise violates these Terms of Use, our Community Guidelines or applicable law, please report this to us at INFO@RhythmOn.IN.
10.6. Upon receipt of any complaint/notice under this Clause, subject to genuineness of such complaint/notice, RhythmOn shall take a note of such complaint/notice, monitor the Content and such other steps as required under law. However, if RhythOnline receives more than three complaints against any Content, the said Content will be immediately deleted from the Platform.
11. Third party websites and services
11.1. The Platform may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including without limitation, linked services (hereinafter "External Services").
11.2. RhythmOn does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, RhythmOn does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such Third party websites and third party services.
12. External Services.
12.1. External Services may have their own terms of use and/or privacy policy, and may have different practices and requirements to those operated by RhythmOn with respect to the Platform. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these External Services, which you use at your own risk. You are advised to make reasonable enquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any External Services.
12.2. You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.
12.3. RhythmOn disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against RhythmOn with respect to the content or operation of any External Services.
13. Blocking and removal of content
13.1. Notwithstanding the fact that RhythmOn has no legal obligation to monitor the content on the Platform, RhythmOn reserves the right to block, remove or delete any content at any time, and to limit or restrict access to any content, for any reason and without liability, including without limitation, if we have reason to believe that such content does or might infringe the rights of any third party, has been uploaded or posted in breach of these Terms of Use, our Privacy Policy or applicable law, or is otherwise unacceptable to RhythmOn.
13.2. Please also note that individual Uploaders have control over the audio content that they store in their account from time to time, and may remove any or all audio content or other content without notice. You have no right of continued access to any particular item of content and RhythmOn shall have no liability in the event that you are unable to access an item of content due to its removal from the Platform, whether by RhythmOn or the relevant uploader.
13.3. Please further note to prevent abuse of the app/site i.e. anything contained on the Platform, RhythmOn uses automated decisions and moderators to block accounts as part of its moderation procedures. In order to do this, we check accounts and messages for content that indicates breaches of our Terms and Conditions of Use. This is done through a combination of automated systems and our team of moderators. If an account or message meets certain criteria that demonstrate that the Terms and Conditions of Use are likely to have been breached, the relevant account will automatically be blocked. All users of accounts that have been blocked will be notified that their account has been blocked and affected users can contact RhythmOn to contest the decision.
13.4. RhythmOn also uses automated decisions to prevent fraudulent payment transactions being processed as part of its anti-fraud procedures. In order to do this, our systems check payment transactions for behaviour that indicates breaches of our Terms and Conditions of Use. If a transaction meets certain criteria that demonstrate that the Terms and Conditions of Use are likely to have been breached and the transaction is likely to be fraudulent, the relevant transaction may automatically be blocked. When a transaction is blocked, the user will be notified that their transaction cannot be processed and affected users can contact RhythmOn to contest the decision.
13.5. Please note that if your account is blocked, any account(s) that you have on our other group platforms/applications may also be blocked as part of our anti-spam and anti-fraud procedures.
14. Repeat infringers
14.1. RhythmOn will suspend or terminate your access to the Platform if RhythmOn determines, in its reasonable discretion, that you have repeatedly breached these Terms of Use or our Privacy Policy.
14.2. If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behavior violates our Privacy Policy, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Platform terminated forthwith.
14.3. We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by RhythmOn at its discretion. Please note we do not offer refunds to Subscription account holders whose accounts are terminated as a result of repeated infringement or any violation of these Terms of Use or our Privacy Policy.
15. Indemnification
15.1. You hereby agree to indemnify, defend and hold harmless RhythmOn, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
a. any violation by you of these Terms of Use or our Privacy Policy;
b. any third-party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Platform, and/or your making available thereof to other users of the Platform, and/or the actual use of Your Content by other users of the Platform or Linked Services in accordance with these Terms of Use and the parameters set by you with respect to the distribution and sharing of Your Content;
c. any activity related to your account, be it by you or by any other person accessing your account with or without your consent.
16. Data protection, privacy and cookies
All personal data that you provide to us in connection with your use of the Platform is collected, stored, used, disclosed and otherwise processed by RhythmOn in accordance with our Privacy Policy. In addition, in common with most online services, we use cookies to help us understand how people are using the Platform, so that we can continue to improve the service we offer. Our use of cookies, and how to disable cookies, is explained in our Cookies Policy.
17. Use of RhythmOn players and widget
17.1. The Platform includes access to customizable players ("Players"), and an embeddable version of the RhythmOn waveform player ("Widget") for incorporation into users’ own sites, third party sites or social media profiles, whether or not a Linked Service. This functionality is provided to enable Uploaders to put their Content wherever they wish, and to enable other users of the Platform to share and distribute Content within the parameters set by the Uploader.
17.2. You may not, without the prior written consent of RhythmOn, use the Players or the Widget in such a way that you aggregate Content from the Platform into a separate destination that replicates substantially the offering of the Website, or comprises a content service of which Content from the Platform forms a material part. Similarly, you may not, without the prior written consent of RhythmOn, use the Players or the Widget to embed Content into any website or other destination dedicated to a particular artist (except where the relevant Content is Your Content and you are the person or are authorized to represent the person to whom the site or destination is dedicated), or to a particular genre. You may not use the Players or Widget in any way that suggests that RhythmOn or any artist, audio creator or other third party endorses or supports your website, or your use of the Players or Widget. The foregoing shall apply whether such use is commercial or non-commercial.
17.3. RhythmOn reserves the right to block your use of the Players and the Widget at any time and for any reason in its sole discretion.
18. Changes to the Platform, accounts and pricing
18.1. RhythmOn reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, RhythmOn shall use its reasonable endeavors to notify registered users of such decision in advance.
18.2. You hereby agree that RhythmOn and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website, Apps and/or any Services that RhythmOn may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Website, the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories.
18.3. RhythmOn may change the features of any type of account, may withdraw or, or introduce new features, products or types of account at any time and for any reason, and may change the prices charged for any of its Subscriptions from time to time. In the event of any increase in the price or material reduction in the features of any Subscription which you have purchased, such change(s) will be communicated to you and will only take effect with respect to any subsequent renewal of your subscription. In all other cases, where RhythmOn proposes to make changes to any type of Subscription you have purchased, and these changes are material and to your disadvantage, RhythmOn will notify you of the proposed changes by sending a message to your RhythmOn account and/or an email to the then current email address that we have for your account, at least six (6) weeks in advance. You will have no obligation to continue using the Platform following any such notification, but if you do not terminate your account as described in the Termination section below during such six (6) week period, your continued use of your account after the end of that six (6) week period will constitute your acceptance of the changes to your Subscription.
19. Termination
You may terminate this Agreement at any time by (i) sending notice in writing to RhythmOn at AAHANA PRODUCTIONS LLP, PLOT NO 8, IDA NACHARAM
HYDERABAD – 500076, confirming such termination, (ii) by removing all of Your Content from your account, or (iii) by deleting your account and thereafter by ceasing to use the Platform.
19.1. RhythmOn may suspend your access to the Platform and/or terminate this Agreement at any time if (i) you are deemed to be a Repeat Infringer as described above; (ii) you are in breach of any of the material provision of these Terms of Use or our Privacy Policy, including without limitation, the provisions of the following sections: Your Use of the Platform, Your Content, Grant of Licence , and Your Representations and Warranties; (iii) RhythmOn elects at its discretion to cease providing access to the Platform in the jurisdiction where you reside or from where you are attempting to access the Platform, or (iv) in other reasonable circumstances as determined by RhythmOn at its discretion. If you have a Subscription and your account is suspended or terminated by RhythmOn pursuant to (i) or (ii) above, you will not be entitled to any refund for any unexpired period of your subscription. If your account is terminated pursuant to (iii) or (iv), refunds may be payable at the reasonable discretion of RhythmOn.
19.2. Once your account has been terminated, any and all Content residing in your account, or pertaining to activity from your account (for example, data relating to the distribution or consumption of your sounds), will be irretrievably deleted by RhythmOn, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. You are advised to save or back up any material that you have uploaded to your account before terminating your account, as RhythmOn assumes no liability for any material that is irretrievably deleted following any termination of your account. RhythmOn is not able to provide you with any .csv or other similar file of data relating to activity associated with your account, whether before or after termination or cancellation. This data is provided and is accessible only for viewing via your account page on the Website for as long as your account is active.
19.3. If you access the Platform via any of our Apps or via any third party app connected to your account, deleting that app will not delete your account. If you wish to delete your account, you will need to do so from the Account page within your Settings on the Website. The provisions of these Terms of Use that are intended by their nature to survive the termination or cancellation of this Agreement will survive the termination of this Agreement, including, but not limited to, those Sections entitled Your RhythmOn Account, Your Content, Grant of License , Representations and Warranties, Liability for Content, Limitation of Liability, Indemnification, Termination and Right of Cancellation, Assignment to Third Parties, Severability, Entire Agreement, and Applicable Law and Jurisdiction, respectively.
20. Assignment to third parties
RhythmOn may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of RhythmOn. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of RhythmOn.
21. Severability
Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.
22. Entire Agreement
These Terms of Use, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and RhythmOn with respect to your use of the Platform (other than any use of RhythmOn’s APIs which may also be subject to separate [API Terms of Use]), and supersede any prior agreement between you and RhythmOn. Any modifications to this Agreement must be made in writing.
23. LIMITATION OF LIABILITY
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES UNDER THIS PLATFORM IS TO UNINSTALL THE APPLICATION AND TO STOP USING THE RhythmOn SERVICE. YOU AGREE THAT RhythmOn HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE RhythmOn SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO RhythmOn, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
IN NO EVENT WILL RhythmOn, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE RhythmOn SERVICE, DEVICES THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF THE APPLICABLE LEGAL PRINCIPLES, WITHOUT REGARD TO WHETHER RhythmOn HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE RhythmOn SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU, IF ANY, TO RhythmOn. IN THE EVENT NO AMOUNTS ARE PAID BY YOU FOR USE AND ACCESS FOR THE SERVICES UNDER THIS PLATFORM, RhythmOn CANNOT BE MADE LIABLE FOR ANY MONETARY CLAIMS, EITHER DIRECTLY OR INDIRECTLY.
24. Third party rights
These Terms of Use are not intended to give rights to anyone except you and RhythmOn. This does not affect our right to transfer our rights or obligations to a third party as described in the Assignment to Third Parties section.
25. Applicable law and jurisdiction
You hereby agree that, this Terms of Use is governed by the laws of India, and any dispute arising under this Terms of Use shall be subject to exclusive courts of Hyderabad, India.
26. Disclosures
You may contact us by sending correspondence to the foregoing address or by emailing us at INFO@RhythmOn.CO.IN. If you are a resident of India, you may have these Terms of Use mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms of Use.