PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, BEFORE USING OUR SERVICE
Effective as of [20/08/2020]
The Passion Fruit music discovery platform including the website https://www.passionfruitmusic.com/
is owned and operated by Passionfruit Media (hereinafter referred to as “We”, “Us” and “Our” as the context may require).
Depending on the Service You use, You may be subject to certain additional specific terms and conditions (“Additional Terms”). Your Agreement (“Agreement”) with Us include these Terms and any Additional Terms that You agree to, other than terms with any Third Parties (“Third Parties” shall mean and include, but not limited to, such entities, individuals, service providers who advertise or who provide services through Our Service).
Please read these Terms carefully before You start to use Our Service. Our Service and all data, design, text, images, graphics, including all arrangements contained therein are confidential and are only licensed but not sold to You under this Agreement. By registering for or otherwise accessing or using Our service or indicating Your consent to these Terms by clicking or tapping on a button indicating Your acceptance of these Terms or by executing a document that references them, You acknowledge that You have read and understood this Agreement, consent to become a party to this Agreement and agree to be bound by and comply with the Terms set forth herein.
If for any reason You do not accept and agree to all these Terms, please discontinue the registration process and the use of Our Service immediately.
1. CHANGES TO THESE TERMS
We may revise these Terms at any time, by amending this page, without providing any intimation to You. Please check these Terms from time to time, to take notice of any changes that We make, as Your continued use of the Service after such amendment shall signify Your acceptance of such amendment. If We make material changes to the Agreement, We may notify You, by email or through a message posted on Our Service. If You do not agree to, or comply with the amended Agreement, in whole or in part, You must stop using Our Service.
2. CHANGES TO OUR SERVICE
2.1. In order to optimize and improve Your experience, We may update Our service from time to time, and may change the content, display or form at any time without prior notice. We do not guarantee that Our Service or any content provided or displayed on it, will be free from errors or omissions. Further, We are under no obligation to update Our Service or any of the content provided on it.
3.1. You must be 18 (eighteen) years or older and capable of entering into a legally binding agreement (as per the Indian Contract Act, 1872) in order to use Our Service.
4. TERMS OF SERVICES
4.1. Registration and Information: In order to use Our Service as a validly registered user in accordance with the Terms of this Agreement (“User”) You may need to register on Our Source and such registration may involve, without limitation, providing Your Mobile Subscriber Integrated Services Digital Network Number (“MSISDN”) which is Your mobile number, Your name, address, email address, gender, Your preference and interests(“Personal Information”), in order to set up Your profile. By using Our Service, You expressly authorize us to access Your account information on Your behalf and permit us to access, use and, in some cases, store Your account information to accomplish the registration. The account information will not be used for any other purpose except with Your prior consent.
4.2. You agree that the information provided by You upon registration and thereafter will be true, accurate, current and complete. You agree to maintain and update this information to keep it true, accurate and complete at all times while using Our Service.
4.3. We may access Your MSISDN through the operator or may request You to enter details along with Your mobile number. You may also access Our Service from a Social Networking Site (“SNS”), such as Facebook. In case You access Our Service through the SNS You agree to provide us access to Your Personal Information on the SNS. You will be entirely responsible for maintaining the privacy and security of these SNS accounts.
4.4. You agree and confirm that the debit/credit card details or other financial details provided by You for availing Our Service is accurate and correct and You shall not use any financial facility that is not lawfully owned or obtained by You.
4.5. Prohibited Uses. You shall not use Our Service for any illegal, unlawful or prohibited purposes (“Prohibited Uses”). In particular, the Services shall not be used for any illegal transactions or for the transmission of any offensive content pertaining to, without limitation:
4.6. Further, by using Our Service, You shall not:
It is understood and agreed that the above lists are not exhaustive and have been provided for illustrative purposes only. In the event You use Our Service for any Prohibited Uses, we reserve the right to immediately, and without notice, suspend/delete Your account and ban You from accessing Our Service in the future.
5. YOUR CONTENT
5.1. You retain ownership of all content and information submitted by You using the Services (collectively “Your Content”). Therefore, You are responsible for Your Content and You must ensure that You have all the rights and permissions needed to use Your Content in connection with the Services.
5.3. You can remove Your content by deleting it, however in certain circumstances Your Content may not be completely removed, and copies of Your Content may continue to exist on Our Service. We are not responsible or liable for the removal or deletion of (or failure to remove or delete) any of Your Content.
6. USER CONTENT
6.1. The Services also display content provided by other users that is not owned by Us (“User Content”). Such User Content is the sole responsibility of the user/entity that makes it available.
6.2. We are not responsible for any actions You take with respect to Your Content or User Content (collectively “Content”), including sharing it publicly.
6.3. You acknowledge that Our Service does not initiate the transmission of any Content, select the recipient of the Content or select or modify the contents of any Content.
7. BILLING AND PAYMENT
7.1. You acknowledge and understand that We may use Third Party partners and gateways for processing any payments from You. We do not control such partners and gateways and any transactions through them will be subject to separate terms and conditions of such Third Parties /gateways, as the case may be.
8.1. You agree that We may, using Our sole discretion, for any or no reason, and without penalty, suspend or terminate Your account (or any part thereof) or Your use of Our Service at any time.
8.2. We may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice.
8.3. You agree that any termination of Your access to Our Services or any account You may have or portion thereof may be without prior notice, and You agree that We will not be liable to You or any Third Party for any such termination.
8.4. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies We may have at law or in equity.
8.5. Upon termination for any reason, You agree to immediately stop using Our Services.
8.6. Termination of this Agreement shall not relieve You of any obligations to pay accrued charges or any other outstanding amounts for Your Use of the Service
9. LIMITATION OF LIABILITY
9.1. In no event will [Passionfruit Media] or its directors, employees, agents, licensors, partners, suppliers be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost information, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to:
9.2. In no event will [Passionfruit Media] or any of its contractors, directors, employees, agents, Third Party partners, licensors or suppliers' total liability to You for all damages, liabilities, losses, and causes of action arising out of or relating to:
In no event will [Passionfruit Media] or any of its contractors, directors, employees, agents, Third Party partners, licensors or suppliers be liable to You for any losses, damage, liabilities, and causes of action arising out of any act, omission or negligence to which You contributed.
10.1. You agree to defend, indemnify, save and hold [Passionfruit Media] and its Affiliates
(“Affiliate” shall mean any person (other than an individual), any entity Controlled, directly or indirectly, by that person, any entity that Controls, directly or indirectly, that person, any entity under common Control with that person; “Control” together with its grammatical variations when used with respect to any person, shall mean and include the power to direct the management and policies of such person, directly or indirectly, whether individually or jointly with other persons, through the ownership of the vote carrying securities, by contract or otherwise howsoever), contractors, employees officers, directors, agents and Third Party partners harmless from any and all claims, losses, damages, liabilities, costs and expenses, including without limitation, legal fees and expenses arising out of or related to:
(i) Your use or misuse of Our Service, any violation or breach of these Terms, including infringement of any copyright or any intellectual property right in the content software or services or any of the covenants made by You herein;
(ii) the use of the Service by any other person using Your MSISDN and/or device.
10.2. We may in our discretion participate in the defense and control of any such claim or action and any negotiations for its settlement or compromise.
11. INTELLECTUAL PROPERTY RIGHTS
All content included on Our Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is Our property, or the property of Our Affiliates or content suppliers, and is protected by Indian and international intellectual property law, including copyright, authors’ rights and database rights laws. The compilation of all content on Our Service is Our exclusive property and is protected by laws of India and international copyright and database right laws. All software used on Our Service is also Our exclusive property, or the property of Our Affiliates or software suppliers, and is protected by Indian and international copyright and authors’ rights laws.
12. LICENSE TO USE OUR SERVICE
12.1. Subject to the Terms of this Agreement and Your payment of any required fee (if applicable), We grant You a limited, revocable, non-exclusive, non -transferable, non-sublicensable license to access and make personal use of Our Service, but not to modify it, or any portion of it, except with Our written consent. This license does not include any resale or commercial use of the Our Service or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of the Our Service or its contents; any downloading or copying of account information for the benefit of another user, or any use of data mining, robots or similar data gathering and extraction tools.
14. DISCLAIMER OF WARRANTIES
14.1. You expressly agree that use and access to the Service is at Your sole risk. We do not make, and hereby disclaim, any representations or warranties regarding the Service or any portion thereof, express, implied or statutory including (without limitation) implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of Third Party rights or any warranties arising by course or dealing or custom of trade. We make no representation or warranty that any material, content, services, displayed on or offered through the Service are accurate, complete, reliable or timely. We also make no representations or warranties that the service will meet Your requirements and/or Your access to and use of the Service will be uninterrupted or error free, free of viruses, malicious code or other harmful components or otherwise secure.
14.2. In the event of any actual or apparent theft, misuse, infringement, unauthorized use or disclosure of any of Your content uploaded on Our Service, we will commence all reasonable efforts to investigate and however possible by Us, provide support to You. However, we shall not in any way be held responsible for such misuse of Your content by any other user of Our Service or any other person(s).
15. ADVERTISING CONTENT
15.1. The Service may present advertisements or links to Third Party websites, products, and/or services (“Third Party Ads”). We are not responsible for the availability of these Third-Party Ads, or the images, messages or other materials contained therein. We are also not responsible or liable for any errors in content or omissions in any Third-Party Ads, nor responsible for any losses or damages of any sort incurred as a result of Your participation with the Third Party Ads.
16. CLASS ACTION WAIVER
16.1. All claims brought against Us by You and the vice versa shall be in a personal capacity and not as a plaintiff or class member in any class or representative action.
17. GOVERNING LAW AND JURISDICITON
17.1. These Terms are governed by and construed in accordance with the laws of India. You agree, as We do, to submit to the exclusive jurisdiction of courts in India.
18. OTHER PROVISIONS
18.1. The use of this Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms. You shall not use the Service in any manner contrary to local, state or national law of your respective countries.
We hereby disclaim all responsibility or liability for any action by you that is contrary to such law(s) as mentioned in paragraph 18.1 and we reserve the right to terminate Our Service to You immediately upon notice of your failure to comply with any such local, state or national law.
19. GRIEVANCE OFFICER
19.1. The name and contact details of Our Grievance Officer are as follows:
19.2. The Grievance Officer can be contacted to report abuse, or to complain against any content hosted, transmitted, published, updated or shared on Our Service.
20. ADDITIONAL TERMS
The following additional terms and conditions shall apply, depending on the nature of Services used by you on Our Service.
20.1. We shall publish the names of popular artists on Our Service from time to time for Your reference without obtaining any express approval from such artists. Mere publication of the names of artists shall not be construed by You as publication of any copyrighted work of such artists.