TERMS AND CONDITIONS
Last Updated: February 9, 2016
1. CHANGES TO THE TERMS AND CONDITIONS
We may change these Terms and Conditions at any time, as we reasonably deem appropriate. Upon any material change in these Terms and Conditions, we will post the amended agreement on the Site with notice of the changes and/or send you written notice, by email or otherwise, notifying you of the nature of the material modifications and providing a link to or a copy of the amended agreement for your review. Your continued use of the Site or Services following any such posting or notification shall constitute your affirmative acknowledgement of the changes to the Terms and Conditions and your agreement to abide and be bound by the Terms and Conditions, as amended. If at any time you choose not to accept the Terms and Conditions, including following any modifications hereto, then you agree not to access the Site or use the Services.
2. THE SITE AND SERVICES
IndianRaga is designed as a platform for networking within the music industry, empowering artists, promoters and others to connect and communicate with each other online. You can upload information about yourself to connect with others for performances, music conferences, songwriting competitions, and other opportunities. You may utilize your account to connect with promoters, other artists and fans. Further, members may use our Site to provide comments and/or feedback. We reserve the right to add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services, from time to time.
B) You must be eighteen (18) years of age or older, or of legal age to form a binding contract in your jurisdiction if that age is greater than eighteen (18) years of age to use the Site. Use of the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into the Terms and Conditions and to abide by all of the terms and conditions set forth herein.
E) We acknowledge that some of our users/members may be an artist(s) working with an agent, or other third party representative (“Agent”), who has been given the authority to act on behalf of the artist(s). Agents who register an artist on our Site are warranting that they have the authority to do so.
4. YOUR RESPONSIBILITIES
You are responsible for all use of the Site and the Services by you. You may use the Site and the Services for lawful purposes only. You may not use the Site or the Services in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other user’s use of the Site or the Services. You may not attempt to gain unauthorized access to any of our Services, the accounts of any users or our computer systems or networks, through hacking, password mining or by any other means. Without limiting anything else contained herein, you agree that you shall not (and you agree not to allow any third party to):
- copy, modify, adapt, translate, or reverse engineer any portion of the Site or the Services;
- remove any notices of copyright, trademark or other proprietary rights contained in or on the Site and/or the Services or in any content or other material obtained via the Site and/or the Services;
- use any robot, spider, website search/retrieval application or other automated device, process or means to access, retrieve or index any portion of the Site or the Services;
- reformat or frame any portion of the web pages that are part of the Site or the Services;
- contact or “spam” other users with unsolicited advertising or other mass-communications;
- collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
- Infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials such as music, videos, games, and images can easily be copied, modified and sent over networks, including the internet. These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Site without the copyright owner’s permission, or without a legitimate “fair use” justification for the transmittal;
- Upload, email or otherwise transmit any images or other Content that are unlawful, obscene, harmful, hateful, invade the privacy of any third party, contain nudity or pornography, or are otherwise objectionable;
- Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person’s consent;
- Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing;
- Transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
- Use the Site to artificially generate traffic or page links to a site or for any other purpose not expressly allowed under these Terms and Conditions; or
- Use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
At our sole discretion we may enforce the above guidelines however we deem necessary. Please understand, however, that IndianRaga does not control – and does not necessarily endorse — the Content found on the Site. When you use the Site, you do so at your own risk, and we expressly disclaim responsibility for the Content found in these Services. We may take any legal action and implement any technical remedies we deem appropriate to prevent the violation of this provision and to enforce the Terms and Conditions generally.
We reserve the right in our discretion to monitor your use of the Site, your profile, and email and other Content transmitted through the Site, to restrict or foreclose access from certain sites or other resources, and to take other actions we deem necessary to protect our community of users and our resources. We reserve the right at any time to terminate or suspend your access to some or all of the Services or the Site if you engage in activities that we conclude, in our discretion, is in breach our these Terms and Conditions.
You are solely responsible for your interaction with other Site visitors and members – online or offline. We may monitor disputes between you and others, but we have no obligation to become involved. If you have a dispute with one or more other users and/or members, you hereby release IndianRaga (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
All IndianRaga content found on the Site is protected by copyright and other intellectual property rights. IndianRaga content is not for resale. Your use of the Site does not entitle you to resell any of the content from the Site. Your use of the Site constitutes your acceptance of these terms and conditions and you agree that you will not resell or attempt to commercially benefit in any way, from the content on our Site without the prior written consent of IndianRaga.
5. COPYRIGHT DISPUTE POLICY
The Digital Millennium Copyright Act of 1998 provides recourse for copyright owners who believes that material appearing on the Internet infringes their rights under U.S. copyright law. It is IndianRaga’s policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, sponsors, affiliates, content providers or users; and (b) remove and discontinue service to repeat offenders. If you believe that material or content hosted by the Site infringes your copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that IndianRaga is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Our Designated Agent can be reached at:
Attn: Designated Agent
6. CONTENT; INTELLECTUAL PROPERTY RIGHTS
Registered users of the Site may post Content and otherwise communicate with others on the Site. Please retain copies of your Content, as we will not necessarily preserve or return materials uploaded to our Site. Please choose carefully the information you post on the Site and communicate with others. Be aware of information you post which may identify you, such as your telephone number, street address, last name, email address, etc.
By posting Content, you grant us a royalty-free, non-exclusive, worldwide license, under your intellectual property rights, to use, copy, modify and/or reformat, index, modify, display, and distribute your Content for purposes of providing our Services and promoting our Site. No compensation will be paid with respect to our use of your Content under this grant.
By posting Content, you are also granting to all other users and/or registered members of the Site (each a “Member Licensee”), a royalty-free, non-exclusive, worldwide license, under your intellectual property rights, to use your Content provided that a Member Licensee meets and maintains each of the following conditions, unless IndianRaga otherwise agrees in writing: (i) your Content shall not be used for commercial purposes unless any such commercialization involves an independent written agreement between you and a third party in which IndianRaga bears no role or responsibility and is fully indemnified by you, (ii) none of your Content shall be used outside of the Site, and (iii) under no circumstances shall a Member Licensee exercise these rights with respect to your Content by modifying or changing your Content without your express permission. No compensation will be paid with respect to Member Licensee’s use of your Content under this grant.
The Site allows registered users to provide comments or feedback concerning the Content on the Site. By providing comments/feedback, you grant us the right to publish your comments/feedback and to use your comments and feedback for the purposes of improving the use of the Site.
You also hereby grant IndianRaga a non-exclusive, worldwide, royalty-free license to use your name and logo (“Branding”), in connection with (i) advertising and promoting your Content, and your artistic work generally via the Site, and (ii) advertising and promoting our Site and Services. IndianRaga will not be required to pay you any compensation with respect to our use of your Branding under this grant.
When you post Content to our Site, you represent and warrant (i) that you hold all rights needed to grant requisite rights under this Section 6; (ii) that you own the copyright in all Content subject to copyright protection (or have been given needed permissions by the copyright owner, or use the Content under “fair use” principles); and (iii) that each person depicted in images or identified in text in your Content (if any), has provided you with consent to use the Content as set forth in these Terms and Conditions.
IndianRaga does not claim ownership of the Content you post through the Site. The licenses granted to us and to our Member Licensees will terminate respectively at the time you completely remove the Content at issue from our Site. This termination will not affect licenses to the Content granted by you before the time you completely remove the Content, and our Member Licensees (as well as IndianRaga) will continue to enjoy their rights hereunder.
Subject to your compliance with these Terms and Conditions, IndianRaga hereby grants registered members of the Site the right to access and use the Site, and to participate in the Services. The Services and Site are for the personal, promotional and other use of individual registered members.
All of the Services and/or the Site, including without limitation any software related thereto, and any and all derivative works thereto (the “IndianRaga Property”), is owned by us, our affiliates, or licensors and is protected, as applicable, by copyright, trademark, patent, and trade secret laws, other proprietary rights and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain IndianRaga Property. We give you permission to use IndianRaga Property but do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. IndianRaga Property is not for resale, such that you may use IndianRaga Property in connection with your participation in the Site, but you may not exploit any IndianRaga Property or the Site, in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly provided herein, IndianRaga and its IndianRaga Property suppliers do not grant you any express or implied rights in the Site and/or the Services, and all rights not expressly granted to you in the Terms and Conditions are retained by IndianRaga.
IndianRaga grants to registered members of the Site, under IndianRaga’s intellectual property rights, a non-exclusive, worldwide, royalty-free, non-transferable license to use the IndianRaga Property subject to the terms herein.
By entering the Site, you agree to not unlawfully use any content available on this Site and to otherwise abide by all of these Terms and Conditions. If you do not agree to these Terms and Conditions, you shall refrain from entering this Site.
In particular, and without limitation, you agree not to use any of the “IndianRaga” trademarks, service marks and/or trade dress, in any manner other than as may be specifically permitted by IndianRaga. You further agree not to use any of these trademarks in any manner that disparages or discredits IndianRaga. You understand that other terms, names, slogans, characters, designs, colors and/or sounds available on this Site may be trademarks of IndianRaga or their respective owners.
You further agree not to reproduce, modify, create derivative works from, transmit, distribute, transfer, display, perform, publish, and/or license any images, graphics, files, sounds, icons, text, logos, software, products, and/or services, obtained from or otherwise available on this Site unless you have obtained prior written authorization from IndianRaga to do so. You agree not to integrate any content available on this Site into other websites, for example by means of “framing.” You agree not to reproduce, modify, create derivative works from, imitate, transmit, distribute, transfer, display, perform or publish any of the content of this Site, or license or permit others to do any of the foregoing. All content available on this Site and the arrangement thereof is the exclusive property of IndianRaga, and/or its content suppliers, and is protected by U.S. and international copyright, trademark and trade dress law and the contract created by the provisions of this agreement.
You agree not to use in any way and/or induce any third party to use in any way any content or business models used on or available by reference to this Site, either for your own and/or a third party’s commercial benefit, and in particular not for the offering of online music or entertainment promotion services or related commercial activities, such as, but not limited to, promotion or production of concerts, live musical performances of any type or live entertainment of any description.
Requests to Use Content:
Any requests for use of content from this Site may be submitted in writing via mail, facsimile, or email only to the following address:
MAILING ADDRESS: 632 Massachusetts Avenue, Apt 313, Cambridge MA 02139
Please be aware that we cannot process any requests that are not submitted in writing. We reserve the right not to respond to requests for permission to use content from this Site.
7. LINKS TO THIRD PARTY SITES
The Site and Services may feature information, advertising and/or external hyperlinks to the websites of third parties (“Third Party Sites”). These links are provided solely for the convenience of users. IndianRaga does not endorse, sanction or verify the accuracy or ownership of the information contained in the advertisements or the content of any Third Party Site or any products or services advertised or featured on Third Party Sites. You should review the applicable terms and policies, including privacy and data gathering practices, of any such Third Party Site which you navigate to from the Site, or relating to any applications you use or install from such Third Party Site. Concerns regarding a Third Party Site should be directed to the Third Party Site itself. IndianRaga bears no responsibility for any action associated with, nor implies an affiliation with any Third Party Site.
8. INTERNATIONAL USE
We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other jurisdictions. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Accessing the Site from territories where unlawful is prohibited.
9. DISCLAIMER OF WARRANTIES
WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SITE OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, INDIANRAGA MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE OR FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SITE OR THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF ANY SENSITIVE INFORMATION ON OR THROUGH THE SITE OR SERVICES. INDIANRAGA DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
10. GENERAL LIABILITY LIMITATIONS
IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE OR IN CORRELATION WITH ANY INDEPENDENT TRANSACTION, AGREEMENT, OR INTERACTION BETWEEN USERS, REGARDLESS OF THE FORM OF ACTION, EXCEED FIVE HUNDRED DOLLARS ($500.00). IN NO EVENT SHALL INDIANRAGA, OR ANY OF ITS AFFILIATES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSESOR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE OR OTHERWISE IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, INVESTMENT LOSS, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF INDIANRAGA OR ITS REPRESENTATIVE OR AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
We reserve the right, in our sole discretion to terminate and/or suspend your access to the Site and/or Services, in whole or in part, at any time and without notice to you. Further, you agree not to attempt to use the Site and/or the Services after any deletion, deactivation or termination of your access. You may terminate your IndianRaga access at any time by contacting us at the address at the end of these Terms and Conditions; provided, however, that voluntary termination shall in no way relieve you of your responsibility to remit fees for all previously incurred charges, if any, or entitle you to a refund of any payments previously remitted to IndianRaga.
Upon any request from IndianRaga, you hereby agree to indemnify, defend and hold harmless IndianRaga and all of its past and present principals, employees, contractors, officers, agents, members and affiliated persons (collectively, the “Released Parties”) from all liabilities, claims, demands, damages and expenses (including attorneys’ fees), arising from or relating to (i) your access of the Site, (ii) your use of the Services or Content, or (iii) the violation of these Terms and Conditions by you or any third party using your credentials. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.
- You agree that no joint venture, partnership, employment, or agency relationship exists between you and IndianRaga as a result of these Terms and Conditions or your use of the Site. IndianRaga’s performance of these Terms and Conditions is subject to all applicable existing laws, and nothing contained herein will trump IndianRaga’s right and duty to comply with all local, state and federal laws and/or requests by law enforcement agencies relating to your use of the Site or any information provided to or gathered by IndianRaga with respect to your such use.
- We may assign the Terms and Conditions at any time to any parent, subsidiary or affiliated company or as part of the sale to, merger with, or other transfer of IndianRaga to another entity. Any failure by IndianRaga to enforce or exercise any provision of the Terms and Conditions, or any related right, shall not constitute a waiver of that provision or right. Any rights not expressly granted herein are reserved. You may not assign or otherwise transfer the Terms and Conditions, or any right granted hereunder, without IndianRaga’s prior written consent.
If you have any questions, please contact us via our contact form or by email at: email@example.com or by postal mail at:
632 Massachusetts Avenue, Apt 313, Cambridge MA 02139
Copyright © 2012. IndianRaga Inc. All rights reserved.