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MusicTantra is a music portal which mostly
concentrates on Indian Rock Music. Apart from providing the latest
news, events and interviews it also allows its members to submit
content and articles which are hosted on MusicTantra.com. Musictantra
also allows Bands to create their homepages and upload videos, demos,
images, articles, lyrics and also them to maintain their blog to keep
the visitors updated.
This Terms of Use Agreement ("Agreement") sets forth the legally
binding terms for your use of the MusicTantra Services. By using the
MusicTantra Services, you agree to be bound by this Agreement, whether
you are a "Visitor" (which means that you simply browse the MusicTantra
Website) or you are a "Member" (which means that you have registered
with MusicTantra.com). The term "User" refers to a Visitor or a Member.
You are only authorized to use the MusicTantra Services (regardless of
whether your access or use is intended) if you agree to abide by all
applicable laws and to this Agreement. Please read this Agreement
carefully and save it. If you do not agree with it, you should leave
the MusicTantra Website and discontinue use of the MusicTantra Services
immediately. If you wish to become a Member, communicate with other
Members and make use of the MusicTantra Services, you must read this
Agreement before signing up as a band or becoming using its services..
This Agreement includes MusciTantra.com's policy for acceptable use
of the MusicTantra Services and Content posted on the MusicTantra
Website, your rights, obligations and restrictions regarding your use
of the MusicTantra’s Services and. You may receive a copy of this
Agreement by emailing us at:
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, Subject: Terms and Conditions.
MusicTantra.com may modify this Agreement from time to time and such
modification shall be effective upon posting by MusicTantra.com on the
MusicTantra Website. You agree to be bound to any changes to this
Agreement when you use the MusicTantra Services after any such
modification is posted. It is therefore important that you review this
Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on MusicTantra.com
and that you provide to other Users. Your MusicTantra.com profile may
not include the following items: telephone numbers, street addresses,
last names, and any photographs containing nudity, or obscene, lewd,
excessively violent, harassing, sexually explicit or otherwise
objectionable subject matter. Despite this prohibition, information
provided by other MusicTantra.com Members (for instance, in their
Profile) may contain inaccurate, inappropriate, offensive or sexually
explicit material, products or services, and MusicTantra.com assumes no
responsibility or liability for this material. If you become aware of
misuse of the MusicTantra Services by any person, please contact
MusicTantra at
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MusicTantra.com reserves the right, in its sole discretion, to reject,
refuse to post or remove any posting (including private messages) by
you, or to restrict, suspend, or terminate your access to all or any
part of the MusicTantra Services at any time, for any or no reason,
with or without prior notice, and without liability.
- Password. When you sign
up to become a Member, you will also be asked to choose a password. You
are entirely responsible for maintaining the confidentiality of your
password. You agree not to use the account, username, or password of
another Member at any time or to disclose your password to any third
party. You agree to notify MusicTantra.com immediately if you suspect
any unauthorized use of your account or access to your password. You
are solely responsible for any and all use of your account.
- Proprietary Rights in Content on MusicTantra.com.
MusicTantra.com does not claim any ownership rights in the text, files,
images, photos, video, sounds, musical works, works of authorship, or
any other materials (collectively, "Content") that you post to the
MusicTantra Services. After posting your Content to the MusicTantra
Services, you continue to retain all ownership rights in such Content,
and you continue to have the right to use your Content in any way you
choose. By displaying or publishing ("posting") any Content on or
through the MusicTantra Services, you hereby grant to MusicTantra.com a
limited license to use, modify, publicly perform, publicly display,
reproduce, and distribute such Content solely on and through the
MusicTantra Services.
Without this license, MusicTantra.com would be unable to provide the
MusicTantra Services. For example, without the right to modify Member
Content, MusicTantra.com would not be able to digitally compress music
files that Members submit or otherwise format Content to satisfy
technical requirements, and without the right to publicly perform
Member Content, MusicTantra.com could not allow Users to listen to
music posted by Members. The license you grant to MusicTantra is
non-exclusive (meaning you are free to license your Content to anyone
else in addition to MusicTantra.com), fully-paid and royalty-free
(meaning that MusicTantra.com is not required to pay you for the use on
the MusicTantra Services of the Content that you post), sublicensable
(so that MusicTantra.com is able to use its affiliates and
subcontractors such as Internet content delivery networks to provide
the MusicTantra Services), and worldwide (because the Internet and the
MusicTantra Services are global in reach). This license will terminate
at the time you remove your Content from the MusicTantra Services. The
license does not grant MusicTantra.com the right to sell your Content,
nor does the license grant MusicTantra.com the right to distribute your
Content outside of the MusicTantra Services.
- You represent and warrant that:
(i) you own the Content posted by you on or through the MusicTantra
Services or otherwise have the right to grant the license set forth in
this section, and (ii) the posting of your Content on or through the
MusicTantra Services does not violate the privacy rights, publicity
rights, copyrights, contract rights or any other rights of any person.
You agree to pay for all royalties, fees, and any other monies owing
any person by reason of any Content posted by you to or through the
MusicTantra Services.
- The MusicTantra
Services contain Content of MusicTantra.com ("MusicTantra.com
Content"). MusicTantra.com Content is protected by copyright,
trademark, patent, trade secret and other laws, and MusicTantra.com
owns and retains all rights in the MusicTantra.com Content and the
MusicTantra Services. MusicTantra.com hereby grants you a limited,
revocable, nonsublicensable license to reproduce and display the
MusicTantra.com Content (excluding any software code) solely for your
personal use in connection with viewing the MusicTantra Website and
using the MusicTantra Services.
- The
MusicTantra Services contain Content of Users and other MusicTantra.com
licensors. Except for Content posted by you, you may not copy, modify,
translate, publish, broadcast, transmit, distribute, perform, display,
or sell any Content appearing on or through the MusicTantra Services.
- Content Posted.
- MusicTantra.com
may delete any Content that in the sole judgment of MusicTantra.com
violates this Agreement or which may be offensive, illegal or violate
the rights, harm, or threaten the safety of any person. MusicTantra.com
assumes no responsibility for monitoring the MusicTantra Services for
inappropriate Content or conduct. If at any time MusicTantra.com
chooses, in its sole discretion, to monitor the MusicTantra Services,
MusicTantra.com nonetheless assumes no responsibility for the Content,
no obligation to modify or remove any inappropriate Content, and no
responsibility for the conduct of the User submitting any such Content.
- You are solely responsible for the
Content that you post on or through any of the MusicTantra Services,
and any material or information that you transmit to other Members and
for your interactions with other Users. MusicTantra.com does not
endorse and has no control over the Content. Content is not necessarily
reviewed by MusicTantra.com prior to posting and does not necessarily
reflect the opinions or policies of MusicTantra.com. MusicTantra.com
makes no warranties, express or implied, as to the Content or to the
accuracy and reliability of the Content or any material or information
that you transmit to other Members.
- Content/Activity Prohibited.
The following is a partial list of the kind of Content that is illegal
or prohibited to post on or through the MusicTantra Services.
MusicTantra .com reserves the right to investigate and take appropriate
legal action against anyone who, in MusicTantra.com's sole discretion,
violates this provision, including without limitation, removing the
offending communication from the MusicTantra Services and terminating
the Membership of such violators. Prohibited Content includes, but is
not limited to Content that, in the sole discretion of MusicTantra.com:
- is patently offensive and promotes
racism, bigotry, hatred or physical harm of any kind against any group
or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses;
- promotes
information that you know is false or misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory
or libelous;
- promotes an illegal or
unauthorized copy of another person's copyrighted work, such as
providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices,
or providing pirated music or links to pirated music files;
- involves
the transmission of "junk mail," "chain letters," or unsolicited mass
mailing, instant messaging, "spimming," or "spamming";
- contains
restricted or password only access pages or hidden pages or images
(those not linked to or from another accessible page);
- furthers
or promotes any criminal activity or enterprise or provides
instructional information about illegal activities including, but not
limited to making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
- solicits
passwords or personal identifying information for commercial or
unlawful purposes from other Users; includes a photograph of another
person that you have posted without that person's consent; or
- Band
profile, uses sexually suggestive imagery or any other unfair,
misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal
or prohibited on the MusicTantra Website and through your use of the
MusicTantra Services. MusicTantra.com reserves the right to investigate
and take appropriate legal action against anyone who, in
MusicTantra.com's sole discretion, violates this provision, including
without limitation, reporting you to law enforcement authorities.
Prohibited activity includes, but is not limited to:
- criminal or tortious activity,
including child pornography, fraud, trafficking in obscene material,
drug dealing, gambling, harassment, stalking, spamming, spimming,
sending of viruses or other harmful files, copyright infringement,
patent infringement, or theft of trade secrets;
- using
the account, username, or password of another Member at any time or
disclosing your password to any third party or permitting any third
party to access your account;
- Copyright Policy.
You may not post, modify, distribute, or reproduce in any way any
copyrighted material, trademarks, or other proprietary information
belonging to others without obtaining the prior written consent of the
owner of such proprietary rights. It is the policy of MusicTantra.com
to terminate Membership privileges of any Member who repeatedly
infringes the copyright rights of others upon receipt of proper
notification to MusicTantra.com by the copyright owner or the copyright
owner's legal agent. Without limiting the foregoing, if you believe
that your work has been copied and posted on the MusicTantra Services
in a way that constitutes copyright infringement, please provide our
Copyright Agent with the following information: (i) an electronic or
physical signature of the person authorized to act on behalf of the
owner of the copyright interest; (ii) a description of the copyrighted
work that you claim has been infringed; (iii) a description of where
the material that you claim is infringing is located on the MusicTantra
Services; (iv) your address, telephone number, and email address; (v) a
written statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or
the law; (vi) a statement by you, made under penalty of perjury, that
the above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf.
- Member Disputes.
You are solely responsible for your interactions with other
MusicTantra.com Members. MusicTantra.com reserves the right, but has no
obligation, to monitor disputes between you and other Members.
- Disclaimers.
MusicTantra.com is not responsible for any incorrect or inaccurate
Content posted on the MusicTantra Website or in connection with the
MusicTantra Services, whether caused by Users of the MusicTantra
Services or by any of the equipment or programming associated with or
utilized in the MusicTantra Services. Profiles created and posted by
Members on the MusicTantra Website may contain links to other websites.
MusicTantra.com is not responsible for the Content, accuracy or
opinions expressed on such websites, and such websites are in no way
investigated, monitored or checked for accuracy or completeness by
MusicTantra.com. Inclusion of any linked website on the MusicTantra
Services does not imply approval or endorsement of the linked website
by MusicTantra.com. When you access these third-party sites, you do so
at your own risk. MusicTantra.com takes no responsibility for third
party advertisements which are posted on this MusicTantra Website or
through the MusicTantra Services, nor does it take any responsibility
for the goods or services provided by its advertisers.Any Graphics,
images or any media posted as banners or otherwise on MusicTantra is a
form of presentation and its not directly related to any religion,
caste or any person (dead or alive). MusicTantra.com is not responsible
for the conduct, whether online or offline, of any User of the
MusicTantra Services. MusicTantra.com assumes no responsibility for any
error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or
unauthorized access to, or alteration of, any User or Member
communication. MusicTantra.com is not responsible for any problems or
technical malfunction of any telephone network or lines, computer
online systems, servers or providers, computer equipment, software,
failure of any email or players due to technical problems or traffic
congestion on the Internet or on any of the MusicTantra Services or
combination thereof, including any injury or damage to Users or to any
person's computer related to or resulting from participation or
downloading materials in connection with the MusicTantra Services.
Under no circumstances shall MusicTantra.com be responsible for any
loss or damage, including personal injury or death, resulting from use
of the MusicTantra Services, attendance at a MusicTantra.com event,
from any Content posted on or through the MusicTantra Services, or from
the conduct of any Users of the MusicTantra Services, whether online or
offline. The MusicTantra Services are provided "AS-IS" and as available
and MusicTantra.com expressly disclaims any warranty of fitness for a
particular purpose or non-infringement. MusicTantra.com cannot
guarantee and does not promise any specific results from use of the
MusicTantra Services.
- Limitation on Liability.
IN NO EVENT SHALL MUSICTANTRA.COM BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE
OF THE SERVICES, EVEN IF MUSICTANTRA.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, MUSICTANTRA.COM'S LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES
BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MUSICTANTRA.COM FOR
THE MUSICTANTRA SERVICES DURING THE TERM OF MEMBERSHIP.
Indemnity. You agree to indemnify and
hold MusicTantra.com, its subsidiaries, and affiliates, and their
respective officers, agents, partners and employees, harmless from any
loss, liability, claim, or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your use of the
MusicTantra Services in violation of this Agreement and/or arising from
a breach of this Agreement and/or any breach of your representations
and warranties set forth above and/or if any Content that you post on
the MusicTantra Website or through the MusicTantra Services causes MusicTantra.com to be liable to another.
- Other. This Agreement is
accepted upon your use of the MusicTantra Website or any of the
MusicTantra Services and is further affirmed by you becoming a Member.
This Agreement constitutes the entire agreement between you and
MusicTantra.com regarding the use of the MusicTantra Services. The
failure of MusicTantra.com to exercise or enforce any right or
provision of this Agreement shall not operate as a waiver of such right
or provision. The section titles in this Agreement are for convenience
only and have no legal or contractual effect. This Agreement operates
to the fullest extent permissible by law. If any provision of this
Agreement is unlawful, void or unenforceable, that provision is deemed
severable from this Agreement and does not affect the validity and
enforceability of any remaining provisions.
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